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HomeMy WebLinkAboutPACKET Public Safety 1998-09-03TOWN OF ESTES PARK PUBLIC SAFETY COMMITTEE September 3, 1998 8:00 A.M. POUCE DEPARTMENT 1. Update of Back-Up System for Communications 2. Discussion of Possible Noise Ordinance FIRE DEPARTMENT 1. Position Letter 2. Fire Suppression System Program 3. Hazmat Exercise 4. CSFFA Fall Meeting 5. Fund Drive Update REPORTS 1. Correspondence Summary 2. Parking Report 3. Quarterly Report * The committee reserves the right to consider other appropriate business not available at the time the agenda was prepared. " ENVIRONMENTAL CONTROL § 7-61 ARTICLE III. NOISE POLLUTION* Sec. 7-61. Deftnitions. The following worda, terms and phrases, when used in thi8 article. shall have the mean- ings ascribed to them in this section, except where the context clearly indicates a different meaning: (1) Commercial zone means: a. An area where ofrices, clinics and the facilities needed to serve them are located; b. An area with local shopping and service establishments located within walking diatances of the residents served; 00W *nit c. A touri*oriented area where hotels, motels and gasoline stations are located; . d. A large integrated regional shopping center; l> b. Z' e. A business strip along a main street containing offices, retail businesses and 1 i.4 »1 * commercial enterprises; f. A central business district; or g. A commercially dominated area with multiple-unit dwellings. v (2) db(A) means sound levels in decibels measured on the "A" scale of a standard Bound level meter having characteri8tiCS defined by the American National Standards In- 0310 PBE stitute, publication Sl.4-1971, and approved by the industrial commission of the state. 9, 3 . + u'~ (3) Decibel ia a unit used to express the magnitude of a change in sound level. The f t- t 11 difference in decibels between two (2) sound pressure levels is twenty (20) times the common logarithm of their ratio. In sound pressure measurements sound levels are defined as twenty (20) times the common logarithm of the ratio of that sound pressure 9"C) L F level to areference level of 2 x 10-5 newtons per square meter. As an example of the *· effect of the formula, a three-decibel change is a one hundred (100) percent increase 9 0 or decrease in the sound level, and a ten-decibel change is a one thousand (1,000) P percent increase or decrease in the sound level. (4) Industrial zone means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic aeUvity, but shall not include agricultural operations. (5) Light industrial and commercial zone means: a. An area containing clean and quiet research laboratories; b. An area containing light industrial activities which are clean and quiet; c. An area containing warehousing; or d. An area in which other activities are conducted where the general environment is free from concentrated industrial activity. *Cross reference-Animal noise, § 4-12. State law reference-Noise abatement, C.R.S. § 25.12-101 et seq. 479 6, ououd ~ , euoud ri -069,-OLID„eg /,»78-714 - uL b # *,4 . §7-61 STEAMBOAT SPRINGS REVISED MUNICIPAL CODE (6) Residential zone means an area of single-family or multifamily dwellings, where businesses may or may not be conducted in such dwellings. The zone includes an area where multiple-unit dwellinga, high-rise apartment districts and redevelopment dis- tricts are located. A residential zone may include areas containing accommodations for transients such as motels and hotela and residential areaa with limited omce development, but it may not include retail shopping facilities. The term "residential zone" includes hospitals, nuning homes and similar institutional facilities. (Code 1976, § 8.44.095) Cro- reference-Definitions and rules of construction generally, §6 1-31, 1.32 Sec. 7-82. Exemptions. (a) Emergency vehicles. The requirements, prohibitions and terms of this article Bhall not apply to any authorized emergency vehicle when responding to an emergency call or acting in time of emergency. (b) Parades, Breworks and other special activitics. The terina of this article shall not apply to those activities of a temporary duration permitted by law for which a license or permit has been granted by the city, including but not limited to parades and fireworks displays. (Code 1975, §§ 8.44.120, 8.44.130) Sec. 7-63. Authority to grant relief from noise level standards (a) Applications forapermit forrelieffrom the noise level designated inthis article onthe basis of undue haI,lship may be made to the city manager or his duly authorized representa· tive. Any permit granted by the city manager under thie section shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective. The city manager or hia duly authorized representative may grant the relief as applied for if he finds that (1) Additional time is necessary for the applicant to alter or modify his activity or oper- ation to comply with this article; (2) The activity, operation or noise source will be of temporary duration and cannot be done in a manner that would comply with this article, or (3) No other reasonable alternative iB available to the applicant. (b) The city manager may prescribe any conditions or requirementa he deems necessary to minimize adverse effects upon the surrounding neighborhood. (Code 1975, § 8.44.110) Sec. 7-64. Prohibited noise generally. (a) The making and creating of an excessive or unusually loud noise within the city as heard without measurement or heard and meaaured in the manner prescribed in section 7-65 is unlawful, except when made under and in compliance with a permit issued pursuant to section 7-63 or 7-66. - 480 ENVIRONMENTAL CONTROL § 7-65 (b) No person shall operate any type of vehicle, machine or device or carry on any other activity in such a manner aa would be a violation of subsection (a) of this section. (Code 1975, §§ 8.44.080,8.44.090) Sec. 7-85. Maximum noise levels. For the purpose of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this article, the following test measurements and requirements may be applied; provided, however, a violation of this article may occur without the measurements being made: (1) Every activity to which this article is applicable shall be conducted ina manner Bo that any noiae produced is not objectionable due to intermittence, beat frequency or shrillness. Sound levels of noise radiating from a property line at a diatance of twenty- five (25) feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance: 7:00 a.m. to next 7:00 p.m. to next Zone 7:00 p.m. 7:00 a.m. Residential 55 db(A) 55 db(A) Commercial 60 db(A) 55 db(A) 70 db[A) Light industrial 65 db(A) Industrial 80 db(A) 75 db(A) Agriculture and recreation (in¢lud- ing parks and open space) 55db(A) 55dblA) {2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten (10) dbUU for a period not to exceed fifteen (15) minutes in any one-hour period. (3) Periodic, impulsive or shrill noiSes shall be considered a public nuisance when such noises are at a sound level of five (5) db(A) less than thoge listed in subsection (1) of this Bection. (4) This section ia not intended to apply to the operaUon of aircraft or to other activities ~ which are subject to federal law with respect to noise control. (5) Construction projects shall be subject to the maximum permissible noise levels spec- ified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation ia imposed, for a reasonable period of time for completion of project. Construction projects in residential neighborhoods shall not exceed 55db(A). (6) All railroad rights-of-way shall be considered as induatrial zones for the purposes of this section, and the operation of traina shall be subject to the maximum perminible noi,e levels specified for such zone. 481 6 7.66 STEAMBOAT SPRINGS REVISED MUNICIPAL CODE (7) This section G not applicable to the use of property for purposes of conducting speed or endurance eventa involving motor vehiclee or other vehiclee, but such exception is effective only during the specific period to time within which such use of the property is authorized by the political subdivision or governmental agency having lawful ju- risdiction to authorize such Use. (8) For the purposes ofthissection, meaaurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five (5) miles per hour. (9) In all sound level measurements, considerauon shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all Bources at the time and place of such sound level measurement. (10) This section is not applicable to the use of property for the purpose of manufacturing, maintaining or grooming machine-made snow. (Code 1975, 5 8.44.100; Ord. No. 1237, § 2, 10·1-91) Sec. 7-56. Use of vehicle equipped with loudspeaker, amplifier, etc. It ia unlawful to play. operate or use any device known as a sound truck, or any loud- speaker, sound amplifier, radio or phonograph with loudspeaker or sound amplifier. or inatru- ments ofany kind or character which emits loud or raucous noises and which ig attached to and upon any vehicle upon a public place, unless the person in charge of such vehicle has first applied to and received permission from the city manager or his duly authorized representa, - tive to operate any such vehicle so equipped. (Code 1975, § 8.44.140) Sec. 7-67. Muffler required on motor vehicles. It is unlawful for any person to operate a motor vehicle which is not at all times equipped with a muffler upon the exhaust thereof in good working order and in constant operation to prevent excessive or unusual noise, and it is unlawful for any person operating any motor vehicle to use a cutout, bypasa or similar muffler elimination appliance. (Code 1975, § 8.44.150) [The next page is 533] 482 SENT BY: ASPEN POLICE DEPT; 4- 6-98 13:59; 970 920 5409 => #2 . 18111 010 Chapter IH.(M NOISE ABATEMENT .1 .3 St·clionji 18.(14.010 Declaration af pulicy. 1 8.(14.1)20 Definitions and standards. 18.04.030 Noises prohibited. IN.04.1)40 Use district noise levels. [8.04.0511 Sound level Ineasurement. 18.04.060 El,emplions. 18.04.070 Permits. 18.04.080 Motor vehicle noise. 18.04.090 E•force,nent responsibility. 18.04.100 violations. 18.04.110 Court ordered abatement. ' Ellit•,r'* 1,1•le- Ord. No. 2 1981, 4 1, fepcale.,1 fitnri.1 (-li. 16, 44 16 1 15 4. frlatne. (.,,„„-:. w:d .:,t.:clcd i,, th:., du·.i...,i' : i,c·.. (1. 16 84 16- 1 -16-1 1 1{.h. 1S.841, as h. rem set our. }·ornmr Ch. 16 wai denved I com Code 1962. 8 6-1 -19. 6-1-22. f, 114: 1.Ird. >,• 2/ 196/. §4 1. 2 and Ord. No 20-1970, 4 1 v St.'lk law racri·ne©(sh- N'JA. C.R.S. 25-12-101 .t xq 18.04.0 to Declaration of policy. 771<· cily eouticil tinds and ded:tres Ilial Iloise is a significant source ofenv ininnientul pollution thai. te[Hesent·. a present und inureasing threat lo the public peace and to the heatrh. safery and welfare 0111:e residents 01 the City of Aspen and to its visitors. Noise has an adverse effect un the psyclic,logical and physiok,gical well-trinf t,! persons. thus cons,initing a present danger to the ect,nomic and aes,helic well-being of the community ACCOrdingly. it iN Ihe policy ofcouncil to provide, slandards forpe,nuissible noise le.vels in various areas and matmers; and al varioub times and to prohibit noise iii exce·SS of those levels. (Ord. Nly. 2-1991. § 1: Code 1971, § 16-1) 18.04.020 Definitions and standards. All termiliology used in this chitplcr and not defined below· slull tr in cortlerrT].trke with applical-,le AmetiL.Ul National Standards [Ilstitute publication S 1.4- 197 1, or its successor publicarions. For rhe purposes 01 this chapten certain words and phrases used herein arc defined as follows: 00 "A".weighted suund pressure level. ihe sound pressure level as n~asured will, a sound level meter using Ihc A-weighting network. 714: standard notation is dIKA) or dBA Ch) Ambient sound pressure level. The sound prussum level of the 311-encompassing, Iloise aa,Ciatelt wilha itiver< clivirucuriefit, usually ae€,triposite of sounds fir.,ili 111:icty sources. It ix al,7, the A ·w~:irhied st.,und prei>.ilre level exceeded ninety (90) percent of the time based on a nieasuretricill period which shall "01 IN les* 111,1,1 1(·ri (ll.)) tilinutes 269 SENT BY: ASPEN POLICE DEPT; 4- 6-98 14:00 970 920 5409 => #3 , tx/(} 3.(.).1.C) 41 4..c,Ii,titerciat district. An are.a n-,lied primarily for commercial use as defilted in Title 26 of the .Aspect Municipal Code. RK:luding, bur not limited m, areas desig:lated CC, 0 1, S/C/1. NC. O. und as such desig,tations may be :anended. (d) Colistruction activities. Any and wil :u:livity incidental 10 The erc:(lion. dettiolition. asserilliling. allering, mstallifig w equipping 01 buildings, slructures, roads orappurten:uices thereto. including land cleari:tu, 0-acting. excavaling and filling. le) C ':intinuous linise. Any sound which crists, essentially without interruption, t,ir' a period 01 wn ( 10) ininities or more. (f) Cyctically varying noise. Al,y sotlful whic.h varies in sound leve! such that the satne level isobt:lit,ed repetitively al reasonably uniforn, inten'als of time. (g) Decibel. 1.ot:,rillimic and dimensiontess unii of measure often used in describing the lunplitude of sound. Decibel is symbolized by Ihe letters d B. (11) 1)epartment. Shall mean the AspeiI/Pilkirt Enviroilmental Health'Department- li) Device Ally mechanism which is iiztended to produce, or which aclually produces, noise whell uperated or 11:indled. (j) Dynamic hraking device (commottly referred to as Jacobs Brake or Jake Brake). A devic:L: LIxed prilitarily on trucks fur the conversion of the engine from an internal conlbuslion engine lo al I iur con) pressor for the purpose 01 braking without the use 01 wheel brakes. Ck.} Emergency vehicle. A motor vehicle anthoriyed to have sound warning devices such as sirens and/or tx: liN and/or ait homs which may lawfully be used when respondmg to an emergency orduring a police activily. (1) Enlergency wurk. Work necessary m restore property m a safe condition following an unusual event. or work required lo protect persons Air pmperly in,In (Aposure to diulger. (m) Grounds nutintenance equipment. Thar equipment necessary to maintain yards. park.5 ;lilil lots which includes but is not lituited tu lawn 01(,wers. edgers. trimmers. tillen and chain saws (10 Impi:!five noise. A noise containing excursions usually less than one second measured with the sound level meter set iIi ilic '-fast" meter mode, Co) Induglrial di,trict. Atloating district, forlhe purposes of this chapter. is defined a< a site of on-gi,ing cousiniction activity. This designation will be in eft*ct only for the duration or said activity or for the dates of any applicable building permit at a designated site, whichever is shorter. This d<:signation may occur in :my of the. 7.anc disiricts as defined in Title 26 of the Aspen Municipit| Code, Iii) 1.odge diNtrict. An are,1 n.,ned primarily for lodge use as defined in Title 20 c.,1 lize Afpen Municipal Ct.>de. including. but !14,[ limited to. areas designated 1/TR. CL. LP. and aS Such designations may he. asne.Fidcd (,1) Motor vehicle. Any vehicle which is propelled by nicchanical power including, but not 11[nited to. passenger cars. trucks, truck-trailers, campers. motorcycles. miruttikes, Tric,peds. semitrailers. 20-carls. snowniobiles and racing vehicles. (r) Mutller. An appuratus consisting of a series 01 cluuntrrs or battle plates designed toi The plit~~~OSC. 4,1 transnlilring gases witile. redlicing Sol:Ild cm;Ulalitig trom such apparatus. (s) Nuise. A sound which is measured :g the sound pressure level in decibels (dB) which ig unwanted 01 which cal,ses i.,r lillds lu cally: an adverSe. psyc|]u|Uxical 01 physiological effect on human beings. (t) Nuisance. The doing oforthe failure to do something which alli,ws or pet'mits noise to bc i:nlilled from luty Nource(,0 in exces< of The standarck of Thif chapter. (u} Peret·ntile sound pressure level. 270 SENT BY: ASPEN POLICE DEPT; 4- 6-98 14:00; 970 920 5409 => #4l9 1 14 -04.020 ( 1) l'enth rer,x:ntile lic,isc level ~· dhe "A"-weighted su,md pressure levt:1 Illat is exceeded ten c. 10) IX:rcent 01 Ute tillie m any measurement perwd such as tlic level that ix exceeded for one mmullt m a Ii:11··litillute period) ancl is denored Lic,· (2) Ninelicth percentile noise level-The "A"·weighted yound pressure level (hal is exceeded ninety (90) percent of the time in any measurement period (such as the level that is exceeded for nine (9) n,inutes in a ten-mitiute period) and is denoted L,o. (v) Person. Any humanbeing, finn. association.organization. pallnership. business. trusl.earporauou. clunpany. contractor, supplier. installer, user, owner or Operator, including any m,inicip:11 corporation. stale or fecleral goveriuitelil agency, district, and any (,fficer or employee thereof. (w) Plainly audible noise. Arly noise for which the information content of mat noise is unambiguously tr:*11%12:rnt:.110 the lis.[cner. such as. but not limited to, understanding of spokenspeech, compnthension of whettler a voice is raised or nonnal or comprehension of musical rhythms. ix) Premists. Shall mean any building. structure. land. utility or portion thereof. inctilding 1111 .tprn.trtitaa!*Tes. and shall include yaals. In[N. couns. inner yanls and real propenies without buildings 01 improvenients. owned or controlled by a person. Cy) Property boundary. An imaginary litic extericir to any enclosed stnicture. al thi, grown,1 surface. and ils vertical exrension. which separates the real property owned by <,fle petson trom that owned by anc,ille< pe,boll Yuld separates real property from the public premise. or in multiple (twellitly uttits froul the adic,mins unit, (z) Public right-of-way. Any street. avenue. boulevard. highway. alley, mall or similar place which is owned or controlled by a public governInental entity. laa) P,tre tone. Any sound wtticti Can tx. distinctly herud as a single itch or a set of single pitches. For {he. purposes of measuirment. a pure tone shall exist ofthe one„thiril octave hand sound pressure level in the I,aitl whell tile tune exceeds 010 i,MUMI]elic average of t},e. sc,und prewure levi:Is 01- Ilic two (62.) l-Oliliguotts une-third octave bands by five (5) d H for frequencies of five hundred (5LX)) H, and al,ove. by cillht (8) dll for frequencies bo[Wren one hundred sixty ( 160) and four hundred (400)11„ and by fitteen (15) dB 12,r frequencie: 16% 111:trt or equal to orte hundred tweitty·five (125) H,. (hh) Repelitive impulse noise. Any noise which is composed Of impillsive noises thar are :tpeated al sulliciently slow rates such thal a sound level meler set al "fase' meter characteristics will stiow changes Ul %01:,til pms,Slire level grealer 1113,1 len C 10) dB(A). (cc) Residential district. An area zoned primarily for residential use ;ts defi ned it, Tille 26 0 f the Asi-m i Multicipal Code. ilic:Iliding, but not linlited £0. al-cas dasignaled R -6. R- 15. R- 15A. R- 1 5 B . R-30. IUM.F. Mt!}-' KE. O. A, C. P. PUB, aix! as such designations may be amended. (rid) Sound. A temporal and spatial oxillation in pressure, or other phygical quanlity. in a ir,clliuul with interval forces (ha[ c,tuses con~pression luid rarefactic.,11 lit (Imt luediwn, wid which pa,pay.arcs :11 finize speed lu distance pomts. (re) Sound level meter. Alt instrunlent. including a micn-,phone, all:plilier, RMS delector ind intergratot . 11{ne averager. ouipul uituttr and/or visual display and weil:hting networks, that is sensitive to prcssu.re j Itictualic>11% 'llte instniment reads sotitul pressure level when properly calibraied and is 01 Type 7 or belter as specified 111 A,itenc:ill National St:ti,ditrds lititicute Pul,licati, it, S 1.4- 1971. or us successor publicatic,ns. C f 1 ) Sound presgire. An ill!;litlit:u teous diffeience l,etween the ae:,tal pa.*st in: :mil Ilk: ;iver:12,3 or b;in.Kne! ru pres·.ure itt a viven point in space dile to solind, 2/l SENT BY: ASPEN POLICE DEPT; 4- 6-98 14:01; 970 920 5409 => #519 18.01.020 (gg) Soutid pressure level, Twenty (3)) times ille logurilliti, to the base ten (10) of the ratio c,1 (1*3 pn'*aire ot a sound to the reference pressure of twenty (20} micniriewtons persquare meter (20 1 10 ' Nowlotishneter). and is o.x],n:Xsed in decibeIs 61[3) (hh) Steady n:~,is*3. A sound plussure level which remains esselliially co:Blant during the period 01*observation, i.e., docs not vary more Ilian six (6) dB(A) when measured with ttic "slow" irl:ter characterislie of a sourul level meter. (ii) lise district . Those districts establishecl hy the City of Aspen Zoning Ordinance Ctitle 26) and those established by this ©11;iple.r. (Ord. No. 2.1981, § 1; Ord. No. 36-1989. § 1. Code 1971. § 16,?.) 18.(M.030 Nuises prohibited. (a) General prohibitiotts. in addition to the specific: rn:,hihitions outlined in subsecrion (b) below. and seclit.,Its 1 8.111.(MO and 18.04.100 01 Illis chapter, it shall be untawful, with penalties provided in the Aspen Municipal Code.section 1.01.080. for any person to make. Cont.inue. or cause In be made or continued any noisc. as defined in this chapter, within the Aspen city limits. (b) Specific prohibitions. The following acts are declared to be in violation of this chapter: (1) tiorns and signaling devices. Sounding of any horn or signaling device on any truck, automobile, motorcycle. emergency vehicle or other vehicle on any street or public place within the City of Aspen. excep{ :r; a danger warning signal. or Ile sounding of any such signaling device for an unnecesxury and unreasonable period of time. which period is deemed herein to be any time after which the danger tx·.ing warned against is clearly passed. (2) Radiox. television sets, musical instruments. tape players. record players anti similar devices. Cio I.jsing, operaliuM or perumting, The use or operation of any radio receiving set, musical mstrunlent. tclevi:®n. plionograph. tape player or other nial.hinc or device for Ihe production or reproduction of sound. except fts provided lor in sectioti 18.04.030(b)0) below. in such amanner to violati: section liu-*.04(}. (1,) The operating of any such device between tht: hours of 10:00 p.rn. and 7:00 a.m. in such a manner as to be plainly audible al twenty-five (25) feet from such device when operated within a vehicle parked on a public right-of-way. (3) Public loudspeakers. (a) Using or operating a loudspeaker or sound amplil-ymg equipluent in a fixed or movable p.,sition or mounted upon any vehicle in or upon any street, alley, sidewalk, mall, park, place or public properly for U te pull M',Su ul-cul,1,1,crcial adverlising. giving ilistxuctions. directions. talks. addresses. leetures or transmitting music lo any persons or assemblages of persons in such a manner as to violate section 18.04.040 unless a permil Its provided in section 18.04.070 is first obtained. (b) This subsection does not apply to any person who is Firticip:llitig irt a parade for which a parade permit has been issued by [he city. (4) Animals. Owning. keeping, possessing or hartx,ring any animal or animals. including birds. which hy In:1.11,ent or habilual noisemakirig. violate(.s) section 18.1.14.(MO. The provigions of thiN xection shill apply li, all public and private tacilitics, including any artinial pounds. which hold or treal waillial,•. (5) Eny.inc idling. 272 SENT BY: ASPEN POLICE DEPT; 4- 6-98 14:01; 970 920 5409 => ; #619 18.(14.03(1 60 11 shall be unlawful for :Iny person to idle or permit the idling of the ulotor of any stationary diesel luci burning bus ot motor vehicle or idle or permit the idling of the motor of any suttionary motor vehicle of iuly kind whatsoever fi,r a prolonged and unreasonable period of time determined herein [c, be ill CACCES 01- tiftecn (15) minules in any hour. within the city limits at any time of the day or night (6) Construction work. Operating. or Causing to be used or operated, any equipment, Inechartical el nomnechanical. self-propelled or manually manipulated, used in construction, repair. alteration or demolition work on buildings. structures, streets, alleys, or appurtenances as follows: 00 Within the city limits during rjr hourx from 10:00 p.in. until 7:01) a m. (h) In any defined districts where such operation excezds the sound level limits for a floating industrial district as set foilh in section 18.(A.(40. (c) lhis subsection shall not apply to emergency work as defined in section 18.04.020(1). but such work shall be exempted only for the minimum period of time necessary to make The emergency repairls). (7) Racing event. Permitting any motur vehicle endurance or racing event in any use district in such a manner as to violate section 18.04.040. (S) Dynamic braking devices (commonly referred {o as Jacobs Brake or Jake Brake). Operating ally Inf,for vet,icle with a dyn~lic braking device engaged except for the aversion of linminent danger. (9) Defec.lit, vehicle. 01'crating or lierift jllii,g go lic Operated or used ally u-uck. autonlobile. motorcycle. o rother motor vellicle which. by virtue of disrupair. lack 01Inaintenance Or lact or mannerot operalion. violates section I X.04.080. { 10) Refuse compacling vehicles. The operating or Causing or permitung to be operated or used any refuse compacting vehicle which creates a sound pres:gum level in excess of severity-five (75) d[3(A) al Iwenty-five (25) feet th,In tile vellicle during loading, wiloading and compaction cycles. (11) Bells, 4,]:trirls :md lixtu sirens. Sounding, opentting or pennitting to sound f,roperate ati cle<:lmnically amplified signal from any burglar atarm, tril, chhite or clock, horn or sircn which exceeds the standards ser forth in section 18.(4.040 for Inore thar, ten (10) aggregated minutes in any One flour. (12) Recreational vehicles. Operating a rucreational vehicle such as, but not limited to, a dirt bike i.,r simwInobile in a manner which vir,lalits Section 18.01.080. C 1 3) Mul-flers irzluired. (a) It shall be unlawful ft}r any person to operate a !11(Mor vehicle which shall not at all Times be equipped with a muffler upon {he exhaust thereof in good working order. (b) It shall be unlawful for any person operating a Inotor vehicle to use a cut-ou[. bypass or similar mufflcr elimination device. (14) Motor or motor vehicle repairs or tes,ing. (a) The columercial, nonconstruction or private repairing, buililing, n:bilikling or testing of any truck, au[(,itiobile. motorcycle or other motor or motor vehicle including grounds maintenance equipment wilhin I . .. SENT BY: ASPEN POLICE DEPT; 4- 6-98 14:02; 970 920 5409 => #719 , 1 8.01 610 18.04.040 Use district noise levels. Maximum pennissible sound levels. It shall be a violation of thiN chapter tor any person to operate or 1,ennit lo be operated any stationary source of sound in such a mallner as to create a ninctieth percrlitile sound piessure level (40 of any measurement period (which shall not be less than ten ( 10) minutes unless otherwise provided in rhix chapter) which exceeds the limits set forth for Ihe fullowing receiving land use districts whet, measured w the tx,ur,daly or at any Ix,inl withm Ille property anixted by tile noise* Use 1)istrict Night Day 10:00 p.m.-7:00 2. m. 7:00 a.m.-10:00 p.m. Residential 50 dB(A) 55 dB(A) I.I-Klge 55 dB(A) 60 dBCA} Comniercial 55 dB(A) 65 dB(A) Industrial Not Applicable 80 dBIA) When a noist' source cit,1 be identified mid its noise measured in more than one lise district. the limits 01 Ihe most restrictive use chill apply al tht: bowidaries between ihe land us:. catecorier. This proVisic,11 shall clut apply whell Ille leas{ sest,ictive use is a floating industrial district, in which case the limits aliplicable to the iI'duslrial distril:t Sh:111 apply. notwithstanding the boundaries of the more restrictive uses. because ut. the lemporary natinu of ihe industrial use. If an area is zoned SPA. the use calegory will be detennined by the predominant existing uses within that:irca. COM. No. 2-198 1.§ L Ord. No, 36- 1489, §1: Code 1971.§ 16-4) 18.04.{60 Sound level measurement. Sound level measurements shall be made willl :, sountl !4:vet meler u.sing Uic "A"-weighting scale. in aca-,niance with suu ttlards pguitiulgated by the Ametican National StarickiRLs IrlflituiC or other re;:sonable st:in<lards tested anti adopred by (lk: Aspen/Pirkin Environmental Health Deparulle[1[. (Ord. No. 2-1981. § 1. Code 1971. § 16-5) 18.{ M.{)60 Exempliuns. The 1-ullowing uses and activities shall tr. exempt from noise level regulalions: (a) Noise orsafety signals. waming devices and entergency pressure relief valves. exceptas provided for iii sectioll 1 8.(14.030(b)(l). (b) Noise resulting from aity all[1,01·i,ed emergency vehicle when responding to al, ciziergency call or acting in time of emergeticy. (c) Noise requiling from emergency work. as further pmvided for in section 18.04.030(b)(6)(c), (d) Noise resulting In-irri aciivitics of a {crt,porary duration for which a permit has been appruved by Ilic: clin·clor 01 ilic Aspen/Pitkin Envimnmental Heal[h Deparone.nt ill accordatice with >eciion 18.(14.070 herein, {Ord. No. 2.·1981. § 1: Code 1971, § 16-6) Permits. Applicalions fril' a pennit for relief frorn noise restriclions in Utis chapter on the basis of undue hardship or special circumstance< may be made to the Aspen/Pirkin Envirtmmental Health IX:parlment. Any permi[ y.rank·,1 by Ihe director of the ASI)¢1#Pilkin Environmental Heallh Depariment or an authoriyed representative shall comait, 1111 cottditions upon which said pents i [ luts beea graitted. Ulcluding, but not linlited to. U z effective 274 SENT BY: ASPEN POLICE DEPT; 4- 6-98 14:03; 970 920 5409 => ; #8/9 It(.01.0711 dates, any litne00 of day, 10¢arion, Nound presst,le level orequipment limitation. The permit mity be granted upon good and sufficient showing: (a) 'I'hat additional time is necessary for the applicant to alter or modify his activity or operation to comply wim this chapter. Ch) That ttic activity. operation ur noise source will be ot temporary duration and catw:01 be done in a ritanner that would comply with this chapter. (c) That no reasonable alternative is available to liM: applicant. ; 'the director of ctivin:,imental health may prescribe any reasonable conditions or requirements deemed necessary m minimize adverse effects Uplitl l|IC columunity ortiz surrounding neighbortiood. (Ord. No. 2-196 1 . § 1: Code 1971, § 16-7) 18.04.080 Motor vehicle noise. (a) No person shall drive, orerale or move or cause or knowingly permit to be driven or Illuved a mor<,1 vel,i:le or combination of ve.hicleN at any lime in such a Inanner as to exceed tile following noist'. limits tor the category of motor villicle showil below. Noise shall bc measured ata distwice of at least twenty-five (251 tem th,m {he center of the lane of travel or twenty-five (25) fee[ ormore nom a vehicle desigued for off |Lig|li~'tty use with tile sound level meter at least four (4) feet above the immediate surrounding surface. Sound Pressure Level dit(A) Speed Limit or Speed Limit 35 mph or 1.us.~ (,f Over 35 inph Motor vehicles with a manufacturer's 86 90 gross vellicle weight rating (GVWR) or gross combination weight raung (GCWR) of 10.000 pounds or more. or by any comili,!ation of vel,ides low¢J by such motor vehicle Any other molor vehicle or any 82 86 combination of vehicles towed by any mc,tor vehicle (b.) Tlus section shall apply to :he total noise from u vehicle or combination of vehicles and shall In.q be consrnied as limiting or precluding enforcement of ally other prtivisions of this chapter relating to motol vehicle muffiers for noise control. (Ord. No. 2-1981, § 1: Code 1971, § 16-8) Itt.04.090 Enforcement responsibility. ( a) The direclor o f tile Aspen/Pi[kin En vii'vitmenta] He;,111 1 Deparunent is hereby created ni,ise orditiallia- ¢111{,recilient officer fur rhe City of Aspen. The department shall have prignary. hlit nor (:,Cl,lsive, ('1,1(.Irl (titic;lit responsibility for this chapter. The directur may appoint deputy noise ordinance enforcemem 01*licen Ir<,1,1 among members of the depallment or members of the Aspen Police Departille,11. The dinictor sIt:ill be, rez·t)('Icsit,1(· lor creating and admillistering a progr;un of enforcement cenitication for said deputies covenre the tc]-m, of ihis chapier mid the uperittion of the instrumems used in enforcement activities. 279 SENT BY: ASPEN POLICE DEPT; 4- 6-98 14:03; 970 920 5409 => #9/9 , ' 18 14.(KH) (b) For [,11:poseS :11'illis ellitpler. Itte:15ureffi~:11!S wi,h sound level mt:tra Autil be made wirit a windse,-een in place oil the microphone when the wind velocity ix less than twenty (20) miles per hour or when dec'.ibel variations are not detectable on the sound level meter w-hen the meter is set oIl the forty (40) dB(A) to fifty (50) dES(A) rance (c) Iii all sound level meavurements. consideration shall be given to the effect 01' the ambjenl noise level created by the c:,cull:passing noise of ilic environment from all sources at Ihe time and place of such solind level measurement (d) 01'his chapter is 11,11 ilill,Klcd tu 144'ly to the operation of aireraft or to other activitics whlch are Subject m federal law with atspecl to noise abatement. (Ord. No. 2-1981,§ 1: (1)de 1971. § 16-9) 1 8.04. 1 110 Viola tinils. Any person vic,lating uny provision of Ulis chapter may be punished by a line of not more chan three l,undred dollars ($30(.).Ul)>, or by ill,prison,nent tor a period of not morr !}tanninety (9{)) days or both such fine and impnsonment at the discretion of the court. Each day any violation of this chapter shall continue sl,all coristillite a scrarate clitense. (()rd. No. 2-1981. § 1: Code 1971. § 16-10) 18.04.110 Court ordered abatement. Violalions o f sections 18.04.030 through l E.()4.1)*Oof this chapler :irc deemed and decl:lred to be a-rmisiutir. and ax such may be subject to summary ahatement by means of a restraining unter or in junction issued by a court 01 couivetent jurisdiction. (Ord. No, 2-1981. § 1: Code 1471. § 16·11) 176 2 3-12-102 heallai ...u '(IV) ·This paragraph (d) is repealed, effective upon the acquisition of all of the nine currently designated sites, as certified by the executive director of the department, for purposes of participating in the federal "Uranium Mill Tailings Radiation Control Act of 1978". Source: R & RE, L. 86, p. 980, § 1. ARTICLE 12 Noise Abatement 25-12-102. Definitions. 25-12-107. Powers oflocal authorities. 25-12-102. Definitions. (2) "db(A)" means sound levels in decibels mea- sured on the "A" scale of a standard sound level meter having characteristics defined by the American national standards institute, publication Sl.4 - 1971. Source: Amended, L. 86, p. 501, § 121. 25-12-107. Powers of local authorities. (1) Counties or municipalities may adopt resolutions or ordinances prohibiting the operation of motor vehi- cles within their respective jurisdictions which produce noise in excess of the sound levels in decibels, measured on the "A" scale on a standard sound level meter having characteristics established by the American National Stan- dards Institute, Publication S1.4 - 1971, and measured at a distance of fifty feet from the center of the lane of travel, or fifty feet or more from a vehicle designed for off-highway use and withinthe speed limits specified in this section: Speed limit of more Speed limit than 35 mph of 35 mph but less or less than 55 mph (a) Any motor vehicle with a manufacturer's gross vehicle weight rating of six thousand pounds or more, any combination of vehicles towed by such motor vehicle, and any motorcycle other than a motor-driven cycle: (I) Before January 1, 1973 88 db(A) 90 db(A) (II) On and after January 1, 1973 86 db(A) 90 db(A) (b) Any other motor vehicle or self- propelled recreational vehicle primarily designed for off-highway use and for which registration as a motor vehicle is not required, and any combination of vehicles towed by such motor vehicle or self-frdpelled vehicle 82 db(A) 86db(A) Editor's note: This subsection (1) is reprinted for reenactment to correct an error made in r . ' · 25-12-108 Health 350 considered as having· a manufacturer's gross vehicle weight rating of six thou- sand pounds or more if the unladen weight is more than five thousand pounds. Source: L. 71, p. 651, § 1; C.R.S. 1963, § 66-35-7; L. 73, p. 1406, § 48. Am. Jur.Zd. See 61A Am. Jur.2d, Pollution Control, § § 267,269,270. 25-12-108. Preemption. The provisions of this article shall not be construed to preempt or limit the authority of any municipality to adopt stan- dards which are no less restrictive than the provisions of this article. Source: L. 71, p. 651, § 1; C.R.S. 1963, § 66-35-8. " ARTICLE 13 Recreation Land Preservation 25-13-101. Short title. 25-13-108. Water supplies. 25-13-102. Legislative declaration. 25-13-109. Group gatherings. 25-13-103. Definitions. 25-13-110. Camping duration. 25-13-104. Administration. 25-13-111. Enforcement. 25-13-105. Unlawful acts. 25-13-112. Citizen's complaint. . 25-13-106. Sewage disposal. 25-13-113. Construction. 25-13-107. Refuse disposal. 25-13-114. Penalty for violation. 25-13-101. Short title. This article shall be known and may be cited as the i "Recreation Land Preservation Act of 1971". Source: L. 71, p. 643, § 1; C,R,S. 1963, § 66-34-1, Al ft 25-13-102. Legislative declaration. The purpose of this article is to estab- h u lish minimum controls to prohibit the pollution of the air, water, and land, ./ 54 £ I. to prevent the degradation of the natural environment of recreational and j mountain areas in this state in order to preserve and maintain the ecology i i, and environment in its natural condition, to facilitate the enjoyment of the state and its ecology, nature, and scenery by the inhabitants and visitors of -~ the state, and to protect their health, safety, and welfare. J U Source: L. 71, p. 643, § 1; C.R.S. 1963, § 66-34-2. 25-13-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Board" means the state board of health. (2) "Campsite" means any specific area within organized campgrounds or other recreation areas which is used for overnight stays by an individual, a single camping family, a group, or any other similar entity. (3) "Department" means the denartment of health. - 345 Noise Abatement 25-12-102 autliority of the federal government to perform remedial action terminates under the provisions of section 112 ta) of Public Law 95-604. Source: L. 79, p. 1070, § 1. Am. Jur.20. See 61A Am. Jur.24, Pollution Control, § 275. ARTICLE 12 Noise Abatement 4 25-12-101. Legislative declaration. 25-12-105. Violation of injunction - pen- 2 25-12-102. Definitions. alty. f 25-12-103. Maximum permissible noise 25-12-106. Noise restrictions, - sale of levels. new vehicles. 25-12-104. Action to abate. 25-12-107. Powers of local authorities. 25-12-108. Preemption. 25-12-101. I,islative declaration. The general assembly finds and declares i that noise is a major source of environmental pollution which represents a 1 threat to the serenity and .quality of life in the state of Colorado, Excess :. noise often has an adverse physiological and psychological effect on human 4 beings, thus contributing to an economic loss to the community. Accordingly, 1 it is the policy of the general assembly to establish statewide standards for noise level limits for various time periods and areas. Noise in excess of the f limits provided in this article constitutes a public nuisance. ; Source: L. 71, p. 647, § 1; C.R.S. 1963, § 66-35-1. Applied in City of Lakewood v. DeRoos, . Colo. App. , 631 P.2d 1140 (1981). 25-12-102. Definitions. As used in this article, unless the context otherwise 1: requires: · (1) "Commercial zone" means: (a) An area where offices, clinics, and the facilities needed to serve them : · are located; a, (b) An area with local shopping and service establishments located within 2 walking distances of the residents served; C (c) A tourist-oriented area where hotels, motels, and gasoline stations are 5 located; (d) A large integrated regional shopping center; cy (e) A business StIip along a main street containing offices, retail 9. businesses, and commercial enterprises; (f) A central business district; or (g) A commercially dominated area with multiple-unit dwellings. (2) "db(A)" means sound levels in decibels measured on the "A" scale 2 of a standard sound level meter having characteristics defined by the Ameri- c can National Standards Institute, Publication Sl. 4 - 1971, and approved by the industrial commission of Colorado. /4 8, . 1 25-1?-103 Health 346 (3) "Decibel" is a unit used to express the magnitude of a change in i sound level. The difference in decibels between two sound pressure levels 4 is twenty times the common logarithm of their ratio. In sound pressure mea- surements sound levels are defined as twenty times the common logarithm of the ratio of that sound pressure level to a reference level of 2 x 10-5 N/m2 (Newton's/meter squared). As an example of the effect of the formula, a three-decibel change is a one hundred percent increase or decrease in the 3 sound level, and a ten-decibel change is a one thousand percent increase or : decrease in the sound level. (4) "Industrial zone" means an area in which noise restrictions on indus- try are necessary to protect the value of adjacent properties for other eco- nomic activity but shall not include agricultural operations. (5) "Light industrial and commercial zone" means: (a) An area containing clean and quiet research laboratories; (b) An area containing light industrial activities which are clean and quiet; (c) An area containing warehousing; or (d) An area in which other activities are conducted where the general environment is free from concentrated industrial activity. (6) "Residential zone" means an area of single-family or multifamily .j, dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple-unit dwellings, high-rise apartment districts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. "Residential zone" includes hospitals, nurs- ing homes, and similar institutional facilities. Source: L. 71, p. 647, § 1; C.R.S. 1963, § 66-35-2; L. 73, p. 1406, § 47. 25-12-103. Maximum permissible noise levels. (1) Every activity to which 1 this article is applicable shall be conducted in a manner so that any noise u produced is not objectionable due to intermittence, beat frequency, or ·4 4 shrillness. Sound levels of noise radiating from a property line at a distance : of twenty-five feet or more therefrom in excess of the db(A) established for J the following time periods and zones shall constitute prima facie evidence 0 that such noise is a public nuisance: 0 7:00 a.m. to 7:00 p.m. to „ Zone next 7:00 p.m. next 7:00 a.m. Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) : Light industrial 70 db(A) 65 db(A) Industrial 80 db(A) 75 db(A) 3+ (2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels .1 permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period. (3) Periodic, impulsive, or shrill noises shall be considered a public nui- sance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section. - Fr:'- r:• :•n:·'-, "1+5 : ir.·:' 4 347 Noise Abatement 23-12-104 ,(4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise con- r · trot. (5) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which con- struction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, for a reason- able period of time for completion of project. (6) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to ; the maximum permissible noise levels specified for such zone. CD This article is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or 4 governmental agency having lawful jurisdiction to authorize such use. (8) For the purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of such measure- 1 ment is not more than five miles per hour. (9) In all sound level measurements, consideration shall be given to the t y effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level mea- surement. (10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine-made snow. This sub- a section (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. Source: L. 71, p. 648, § 1; C.R.S. 1963, § 66-35-3; L. 82, p. 424, § 1. Am. Jur.2d. See 61A Am. Jur.2d, Pollution Einarsen v. City of Wheat Ridge, 43 Colo. Control, § 267.. App. 232, 604 P.2d 691 (1979). Residential development of property is not Applied in City of Lakewood v. DeRoos, precluded when noise emanating onto property Colo. App. , 631 P.2d 1140 (1981). exceeds limits set forth in this section. 25-12-104. Action to abate. Whenever there is reason to believe that a nui- sance exists, as defined in section 25-12-103, any resident of the state may maintain an action in equity in the district court of the judicial district in which the alleged nuisance exists to abate and prevent such nuisance and to perpetually enjoin the person conducting or maintaining the same and the owner, lessee, or agent of the building or place in or upon which such nui- sance exists from directly or indirectly maintaining or permitting such nui- sance. When proceedings by injunction are instituted, such proceedings shall be conducted under the Colorado rules of civil procedure. The court may stay the effect of any order issued under this section for such time as is , reasonably necessary for the defendant to come into compliance with the provisions of this article. Source: L. 71, p. 649, § 1; C.R.S. 1963, § 66-35-4. 3% 25-12:105 Health 348 Cross reference. As to injunctions, sec Rule Construction und operation of u public high- 65, C.R.C.P. way are not activities which can be abated as a Am. Jur.2d. See 6IA Am. Jur.2d, Pollution public nuisance. City of Lakewood v. DeRoos, - Control, § § 271,272. Colo. App. ,63!P.2d 1140(1981). C.J.S. See 66 C.J.S., Nuisances, § 102-104. Applied in Einarsen v. City of Wheat Ridge, 43 Colo. App. 232,604 P.2d 691 (1979). 25-12-105. Violation of injunction - penalty. Any violation or disobedience .1 of any injunction or order expressly provided for by section 25-12-104 shall be punished as a contempt of court by a fine of not less than one hundred dollars nor more than two thousand dollars. Each day in which an individual is in violation of the injunction established by the court shall constitute a separate offense. The court shall give consideration in any such case to the practical difficulties involved with respect to effecting compliance with the requirements of any order issued by the court. Source: L. 71, p. 650, § 1; C.R.S. 1963, § 66-35-5. Am. Jur.2d. See 6!A Am. Jur.2d, Pollution C.J.S. See 66 C.J.S., Nuisances, § 135. Control, § § 271,272. 25-12-106. Noise restrictions - sale of new vehicles. (1) Except for such 1 vehicles as are designed exclusively for racing purposes, no person shall sell or offer for sale a new motor vehicle or any self-propelled vehicle designed for off-highway use and for which registration as a motor vehicle is not required which produces a maximum noise exceeding the following noise . f limit, at a distance of fifty feet from the center of the lane of travel or fifty 6 -. feet or more from a vehicle designed for off-highway use, under test proce- dures established by the department of revenue: . 2 (a) Any motorcycle, including a motor-driven cycle, manufactured on or after July 1, 1971, and before January 1, 1973 88 db(A); 3+2 (b) Any motorcycle, including a motor-driven cycle, manufactured on or i i after January 1, 1973 86 db(A); .1: 37 · A (c) Any motor vehicle with a gross vehicle weight rating of six thousand 0 pounds or more manufactured on or after July 1, 1971, and before January Z : 1,1973 88 db(A); (d) Any motor vehicle with a gross vehicle weight rating of six thousand : '+ pounds or more manufactured on or after January 1, 1973 ............... 86 db(A); .. < (e) Any other motor vehicle manufactured on or after January 1, 1968, and before January 1, 1973 86 db(A); . 4 (f) Any other motor vehicle manufactured after January 1, 1973..84 db(A); (g) Any self-propelled vehicle designed for off-highway use and for which registration as a motor vehicle is not required, as follows: (I) Manufactured on or after January 1, 1971, and before January 1,1973 .86 db(A); (ID Manufactured on or after January 1,1973 .......................... 84 db(A). (2) Test procedures for compliance with this section shall be established : :f by the department, taking into consideration the test procedures of the .1 society of automotive engineers. i (3) Any person selling or offering for sale a motor vehicle or other vehicle 4 in violation of this section is guilty of a misdemeanor and, upon conviction , 349 :. Noise Abatement 25-12-107 ~~ thereof, shall be punished by a fine of not less than fifty dollars nor more m than three hundred dollars. Source: L. 71, p. 650, § 1; C.R.S. 1963, § 66-35-6. Am. Jur.24. See 6 lA Am. Jur.2d, Pollution Control, § § 269,270. 25-12-107. Powers of local authorities. (1) Counties or municipalities may adopt resolutions or ordinances prohibiting the operation of motor vehicles within their respective jurisdictions which produce noise in excess of the sound levels in decibels, measured on the "A" scale on a standard sound level meter having characteristics established by the American National Stan- dards Institute, Publication Sl.4 - 1971, and measured at a distance of fifty feet from the center of the lane of travel, or fifty feet or more from a vehicle designed for off-highway use and within the speed limits specified in this section: ..... Speed limit of more Speed limit than 35 mph &8 of 35 mph but less or less than 55 mph (a) Any motor vehicle with with a manufacturer's gross vehicle weight rating of six thousand *8. pounds or more, any combination of vehicles towed by such motor vehicle, and any motorcycle other than a motor-driven cycle: (I) Before January 1,1973 88 db(A) 90 db(A) (ID On and after January 1, 1973 * 86 db(A) 90 db(A) (b) Any other motor vehicle or € self-propelled recreational vehicle 4,3, primarily designed for off-highway e use and for which registration as a motor vehicle is not required, and any combination of vehicles towed by such motor vehicle or self- propelled vehicle 82 db(A) 86db(A) (2) The governing board shall adopt resolutions establishing any test procedures deemed necessary. (3) This section applies to the total noise from a vehicle or combination of vehicles. (4) For the purpose of this section, a truck, truck tractor, or bus that 22. manufacturer's name and manufacturer's gross vehicle weight rating shall be is not equipped with an identification plate or marking bearing the 1., 0.5. -9'llf'F41*¢74,%8~8#17'44 1 I #7,2 . ·> r · :.··~. '· -··.···:::·.·;· 'z.·:"t.d:" Ab'f ·/ ' ~ ~" :./.~49™¥80, August 28.1998 1*o Ali Public Safety Board Members: This letter is in concern ofthe noise ordinance that is being considered by you. 1 live at 1230 Graves Ave. which is by the fairgrounds and the noise Lhere can get pretty loud at times, but I choose to live there and understand that in order to make money in Estes Park the fairgrounds have to be rented out to numerous organizations. Mr. Haebecker says that Harley Davidson Motorcycles are too loud and that they disturb his sleep but he also chooses to live in a high traffic area. I feel that everyone in Estes Park should understand when he or she moves here that this is a tourist town and that the noise can be loud at times. If a noise ordinance does go into effect it will hurt many businesses and the local economy. Here is a list of different types of noise that would bc effected by the ordinance. 1. Snow plows that start plowing after only one inch of snow at any time of day or night. 2. Local people who mow their grass. 3. Fireworks on the 4th of July. 4. The Longs Peak Scottish Irish Festival firing offtheir canyons. Out of town people who arrive only by motorcycles. . Trash trucks during the summer ill order to pick up trash downtown left by tourists. 7. The tractor trailers coming up from the valley to bring supplies to Safeway and all other local businesses at night or early morning hours. 8. Radios in cars that the bass shakes you on the sidewalk as they pass by. 9. Any type of horse shows or carnivals or exhibitions that are held at the fairgrounds even if they have to stop at 10:00 P.M. they still staittractors up to feed the horses or people leaving in loud vehicles. 10.Parades downtown that run a little late getting started. 11.Contraclors buildiiig houses that start at 6:30 A.M. CA Ul I could continue with this list but I think you understand by now why a noise ordinance would not work in Estes Park. It would not only cause problems with the local business economy but also town organizations. And yes you could make exceptions to cover all your bases but then you would be looking at the American Civil Liberties Union being called in to look at your exceptions and seeing if you are discriminating against any certain group of people. Estes Park is a beautiful town and has grown by leaps and bounds since I have lived here and yes we can all say that sometime in our lives we have been woken up by a disturbing tioise, but we can all say that we have gone back to sleep and got over it. If we keep adopting new ways of changing our town it will lose its popularity and then we will all pay the price in the end. I would like to be a part of figuring a way around this noise ordinance that has been brought to your attention so that all of Estes Park can come to a happy agreement. If you would like I could start a petition against and get signatures of people who agree that a noise ordinance just would not benefit our beautiful small town atmosphere. SincerelY. i 00. Li-o~ Jodi Clifton II. Fire Department Background Prior to 1980, the Town of Estes Park had an ISO rating of 8 for within city limits and a rating of 10 outside the city limits. In 1980, the Fire Department had 32 members and responded to approximately 100 calls per year. At that time the Department did not respond to medical, dive or HazMat calls or MVA's except for fuel flushes and all extrications were performed by the ambulance service. The majority of all calls in 1980 were fire related. In 1980, the town's ISO rating was upgraded to a 7 within city limits and remained at 10 outside city limits. ISO ratings were upgraded again in 1987 to a 6 within city limits, based primarily on improvements in the town water system, Fire Department training and the acquisition of Engine 1 (purchased in 1983). In 1997, ISO was requested to review the ratings again. At this time, the town water system had been further improved; the Fire Department had established response boundaries, improved training and training records and had acquired a 75-ft aerial Ladder truck. The Fire Department was relocated to a state of the art facility in 1996. As a result of this review, the rating remained a 6 within city limits and improved to a 6/9 rating outside city limits. The Estes Park Volunteer Fire Department currently has 32 members who respond to approximately 300 calls per year. These calls include hazardous materials incidents, dive rescues, including swift water rescue, search and rescue calls, medical calls, extrications, Motor Vehicle Accidents, wildland and structure fires. In addition, the firefighters spend an average of 57 hours per man annually in training for all of these types of calls. Currently, our fleet of apparatus includes: - Engine 1, 750 gallon tank, pumping capacity of 1250 gpm (gallons per minute) - Engine 2, 500 gallon tank, pumping capacity of 1000 gpm - Ladder 6,300 gallon tank, pumping capacity of 1500 gpm, equipped with 75 ft. aerial ladder - Engine 5,250 gallon tank, pumping capacity of 150 gpm - Tender/Tanker 4, 1200 gallon tank, pumping capacity < 150 gpm - Engine 7,250 gallon tank, pumping capacity of 150 gpm - Squad 3 - equipped with HazMat supplies - Squad 8 - equipped with all rescue supplies including extrication equipment lighting and cascade system for filling air packs. - Dive Rescue Truck - carries all equipment for ice rescue, ice diving, open water diving and swift water rescue and has a Zodiac rescue boat with trailer. - Command Vehicle (Jeep) R5-7 01 &./ -2,Or ~ ,,t/)€14L11 , J *622* Vflitr- 02- -ly« 3,0 24 UU, j GUA ».A A ' ta,*1 id - 4 £ ~ a E o 'l«ke® 2 .ilb/42 - 18 . T k- L L 4% g. 4 /9& + Uka« jA~.«1 6-11_fu ultL 8( 6.1.J 20 4-00-u Lz..+LE» 6-,La , 4 169 -4.UL /4 (Uu--1 c 4124 9 t!111 B j~ 0*L'£2242&41 , 6- 6 pw--5 41 a..ud ./UA-LE G.-Al/VL-2 1 -* /nu.- 2 D AL¥ <+21 -d-d--24 £~L;/ C--... ..4 L -Il©* X-2,-efi22. . 4 8 -24 -9 9 L ULL Uk 04- 04 tk Ull € 1 AG U.LE 0,~£4,4 -<AE ~£3 got,&*M-le-2 A~ 0 1. TA.£&r' ~U- u,11.6 14- 4 46 4 -02- rA LOg. a.£ e->L Quj. 4 -Da. 1 i 019 Oot le Qu, A.. e·*444* Au=.-,A - 1.-- - 1 ft*z_- C) \ 1 02.o 7 O,lu;.c,l A-L. L. fill CO - A 7 120/- 9/ le-,4 \\ 11 /1 / b-11 £52 //,7ky4t 44/CY- , Of CC At 6<--/ /1-2.-4, c OL (3-7,1 .-·. 7.. -1 1, - £ C......2=- 61 21 -Cy ; mt 2447 -' 4/2 142- 6~2-/ir,. . 1, i - 07 924 0(417::Ellk«21// 41 -1 ojx-- /.rr~)*EL< CA~Er 0-0. ·uu, --3 92'te/, 02 7 /1 ./. 66,2. -21-522-226>' d'(2 . 1:TILI-Zi a. C......Ii . r 7 7-·- 2 · C_ *- f - r / 6-, -- - . - ,/*" . 4# 6256·E 07 p-1 ..,L'1.- 0 6 1 +07 - , / '77 - /€47 L.eltul ac¢Ft , ..... ~3,6 ·-ZOA- /2 »/92-,C-2214=y 1ng--p p«»« r r-4 9- L l V. r - 1 - 61'2€32-6 4»ID / , flf« 9-:'. :'A < , I . A 'Lb 4» t · I I. / . A «U- £ f 4 f" ac W w. 6 ULLE »43- 4-2, 31*:L. --1-- »- 6 c~_. 314 Ng -4401 41,0164/ fodtq*i A .10-D D *403*236 -tr-4 647%771*'2~ -- gat /16+1,'~0*/ v 06~ , ' . -- ' · - 1*,7 - · . . Thanks for your help! Thank you very much for your help in our efforts to save this grand old tree. We really appreciate it! f j rin/-1 021 /464111 3-117 »-6112 - · r-- - i i 1 *1 CORRESPONDENCE SUMMARY August 1998 Received a thank you card from Rita Bennett. She had been vacationing here with her family and lost her dark glasses. They were turned in to Lost and Found and mailed to her. She said " Everyone in Estes Park made my stay and my family's vacation very pleasant-that trip was our first to Colorado and I do hope we can visit Estes Park again!" Received a letter from Amy Evans of Georgia. She wanted to thank EPPD for the return of her checkbook, which contained her driver's license, checks, cash and cards. She would "like to thank the Department for your concern and diligence in this matter....it was comforting to know I was in good hands. I hope I get to visit again soon." Date Crdated: 09/02/98 ESTES PARK Page: 1 Total tickets by street 07/17/98 - 08/20/98 Total Total Total Street name Valid Void Count Fine Revenue BROWNSFIELD LO 3 3 $ 5.00 $ 0.00 CHILDRENS PARK 24 24 5 275.00 $ 0.00 CLEAVE ST 14 14 $ 115.00 $ 0.00 COFFEE BAR LOT 20 20 $ 45.00 $ 0.00 DARKHORSE LOT 191 191 $ 480.00 $ 0.00 E ELKHORN AVE 10 10 $ 65.00 $ 0.00 EAST RIVERSIDE 13 13 $ 15.00 $ 0.00 LOWER WEIST LO 84 84 $ 840.00 $ 0.00 MACGREGOR AVE 30 30 $ 60.00 $ 0.00 MORAINE AVE 11 11 $ 5.00 $ 0.00 MUNICIPAL LOT 54 54 $ 530.00 $ 0.00 N POST OFFICE 11 11 $ 80.00 $ 0.00 PARK LN 31 31 $ 45.00 $ 0.00 S POST OFFICE 26 26 $ 30.00 $ 0.00 TREGENT LOT 6 6 $ 135.00 $ 0.00 UPPER WEIST LO 3 3 $ 30.00 $ 0.00 VIRGINIA DR 17 17 $ 55.00 $ 0.00 W ELKHORN AVE 18 18 $ 25.00 $ 0.00 W RIVERSIDE DR 6 6 $ 60.00 $ 0.00 WEIST DR 16 16 $ 0.00 $ 0.00 Totals 588 588 $ 2,895.00 $ 0.00 1 Date Crbated: 09/02/98 ESTES PARK Page: 1 Ticket statistics by violation code 07/17/98 - 08/20/98 Valid Void Valid Count Count Code Description Amount 30 MTC 1204(1)(B) PARKED WITHIN AN INTERSECTION $300 2 MTC 1204(1)(a) PARKED ON SIDEWALK $20 3 MTC 1204(1)(c) PARKED IN CROSSWALK $30 1 MTC 1204(1)(f) DOUBLE PARKING $10 145 MTC 1204(2)(F) PARKED WHERE PROHIBITED BY SIGNS $1450 233 MTC 1204(2)(F) OVERTIME PARKING 3 HOURS ONE TIME 19 MTC 1204(2)(F) OVERTIME PARKING 30 MIN. ONE TIME 23 MTC 1204(2)(F) LOADING ZONE VIOLATION ONE TIME WAR 9 MTC 1204(2)(F) OVERTIME PARKING 2 HOURS ONE TIME 72 MTC 1204(2)(F) OVERTIME PARKING 3 HOURS $360 3 MTC 1204(2)(F) OVERTIME PARKING 30 MINUTES $15 10 MTC 1204(2)(F) LOADING ZONE VIOLATION $100 2 MTC 1204(2)(F) OVERTIME PARKING 2 HOURS $10 9 MTC 1204(2)(a) PARKED BLOCKING DRIVEWAY $90 11 MTC 1205 PARKED HEADED WRONG WAY $110 16 MTC 1208(5) HANDICAP PARKING VIOLATION $400 588 .......................... $2895 Date Created: 08/20/97 ESTES PARK Page: 1 Total tickets by street 07/17/97 - 08/20/97 Total Total Total Street name Valid Void Count Fine Revenue BIG HORN LOT 1 1 $ 25.00 $ 0.00 BROWNSFIELD LO 3 3 $ 25.00 $ 0.00 CHILDRENS PARK 2 2 $ 50.00 $ 0.00 CLEAVE ST 3 3 $ 30.00 $ 0.00 COFFEE BAR LOT 17 17 $ 60.00 $ 0.00 DARKHORSE LOT 89 89 $ 245.00 $ 0.00 EAST RIVERSIDE 4 4 $ 10.00 $ 0.00 LOWER WEIST LO 68 68 $ 680.00 $ 0.00 MACGREGOR AVE 10 10 $ 0.00 $ 0.00 MORAINE AVE 5 5 $ 20.00 $ 0.00 MUNICIPAL LOT 106 106 $ 1,040.00 $ 0.00 N POST OFFICE 6 6 $ 15.00 $ 0.00 PARK LN 16 16 $ 15.00 $ 0.00 S POST OFFICE 8 8 $ 20.00 $ 0.00 VIRGINIA DR 5 5 $ 0.00 $ 0.00 W ELKHORN AVE 6 6 $ 10.00 $ 0.00 WEIST DR 10 10 $ 20.00 $ 0.00 Totals 359 359 $ 2,265.00 $ 0.00 -la - 1 6 Date Created: 08/20/97 ESTES PARK Page: 1 Ticket statistics by violation code 07/17/97 - 08/20/97 pdlid Void Valid Count Count Code Description Amount 5 MTC 1204(1)(B) PARKED WITHIN AN INTERSECTION $50 1 MTC 1204(1)(a) PARKED ON SIDEWALK $10 15 MTC 1204(1)(f) DOUBLE PARKING $150 1 MTC 1204(2)(B) PARKED WITHIN 15' OF FIRE HYDRANT $10 155 MTC 1204(2)(F) PARKED WHERE PROHIBITED BY SIGNS $1550 119 MTC 1204(2)(F) OVERTIME PARKING 3 HOURS ONE TIME 2 MTC 1204(2)(F) OVERTIME PARKING 30 MIN. ONE TIME 2 MTC 1204(2)(F) LOADING ZONE VIOLATION ONE TIME WAR 8 MTC 1204(2)(F) OVERTIME PARKING 2 HOURS ONE TIME 34 MTC 1204(2)(F) OVERTIME PARKING 3 HOURS $170 2 MTC 1204(2)(F) OVERTIME PARKING 30 · MINUTES $10 1 MTC 1204(2)(a) PARKED BLOCKING DRIVEWAY $10 3 MTC 1205 PARKED HEADED WRONG WAY $30 11 MTC 1208(5) HANDICAP PARKING VIOLATION $275 359 .......................... $2265 - 1 09/02/98 09:50:15 PRINT REQUESTED BY TERMINAL ESU QNCS NIBRS CRIME SUMMARY REPORT DATE 030897 1629 FOR: PD ESTES PARK - CO0350200 FROM: JAN. 1996 TO: JUN. 1996 OFFENSE REPORTED UNFOUNDED ACTUAL CLEARED 09 HOMICIDE 0 0 0 0 09A MURDER AND NONNEGLIG 0 0 0 0 09B NEG MANSLAUGHTER 0 0 0 0 09C JUSTIFIABLE HOMICIDE 0 0 0 0 100 KIDNAPING/ABDUCTION 0 0 0 0 11 SEX OFFENSE/FORCIBLE 4 0 4 3 11A FORCIBLE RAPE 2 0 2 2 11B FORCIBLE SODOMY 0 0 0 0 11C SEXUAL ASSAULT 0 0 0 0 11D FORCIBLE FONDLING 2 0 2 1 120 ROBBERY 0 0 0 0 13 ASSAULT OFFENSES 13 0 13 11 13A AGGRAVATED ASSAULT 1 0 1 0 13B SIMPLE ASSAULT 11 0 11 10 13C INTIMIDATION 1 0 1 1 200 ARSON 2 0 2 2 210 EXTORTION 1 0 1 1 220 BURGLARY 15 0 15 3 23 LARCENY/THEFT 81 1 80 8 23A POCKET-PICKING 1 0 1 0 23B PURSE-SNATCHING 0 0 0 0 23C SHOPLIFTING 8 0 8 3 23D THEFT FROM BUILDING 34 0 34 2 23E FROM COIN-OPER MACH 0 0 0 0 23F FROM MOTOR VEHICLE 18 0 18 0 23G MOTOR VEH PARTS 4 0 4 0 23H ALL OTHER LARCENY 16 1 15 3 240 MOTOR VEHICLE THEFT 3 0 3 2 250 COUNTERFEITING 1 0 1 0 26 FRAUD 3 0 3 0 26A FALSE PRETEN/SWINDLE 1 0 1 0 ' 268 CREDIT CARD/ATM 1 0 1 0 26C IMPERSONATION 1 0 1 0 26D WELFARE FRAUD 0 0 0 0 26E WIRE FRAUD 0 0 0 0 270 EMBEZZLEMENT 1 0 1 1 280 STOLEN PROPERTY 1 0 1 0 290 DESTRUCTION/VANDALISM 61 0 61 8 35 DRUG/NARCOTIC OFFENSE 6 0 6 5 *35A DRUG/NARCOTIC VIOL 5 0 5 5 35B DRUG/EQUIPMENT VIOL 1 0 1 0 36 SEX OFFENSES 0 0 0 0 36A INCEST 0 0 0 0 36B STATUTORY RAPE 0 0 0 0 370 PORNOGRAPHY/OBSCENE 0 0 0 0 39 GAMBLING OFFENSE 0 0 0 0 39A BETTING/WAGERING 0 0 0 0 39B OPERATING/PROMOTING 0 0 0 0 39C GAMBLING EQUIP VIOL 0 0 0 0 39D SPORTS TAMPERING 0 0 0 0 40 PROSTITUTION OFFENSES 1 0 1 1 40A PROSTITUTION 1 0 1 1 40B ASSIST/PROMOTING 0 0 0 0 510 BRIBERY 0 0 0 0 520 WEAPON VIOLATIONS 4 0 4 4 GRPA TOTALS 197 1 196 49 08/11/99 14:07:56 PRINT REQUESTED BY TERMINAL ESU QNCS NIBRS CRIME SUMMARY REPORT DATE 080898 2144 FOR: PD ESTES PARK - CO0350200 FROM: JAN. 1998 TO: JUN. 1998 OFFENSE REPORTED UNFOUNDED ACTUAL CLEARED 09 HOMICIDE 0 0 0 0 09A MURDER AND NONNEGLIG 0 0 0 0 09B NEG MANSLAUGHTER 0 0 0 0 09C JUSTIFIABLE HOMICIDE 0 0 0 0 100 KIDNAPING/ABDUCTION 0 0 0 0 11 SEX OFFENSE/FORCIBLE 6 2 4 3 11A FORCIBLE RAPE 0 0 0 0 11B FORCIBLE SODOMY 3 1 2 1 11C SEXUAL ASSAULT 0 0 0 0 11D FORCIBLE FONDLING 3 1 2 2 120 ROBBERY 2 0 2 1 13 ASSAULT OFFENSES 15 0 15 14 13A AGGRAVATED ASSAULT 1 0 1 1 13B SIMPLE ASSAULT 13 0 13 13 13C INTIMIDATION 1 0 1 0 200 ARSON 0 0 0 0 210 EXTORTION 0 0 0 0 220 BURGLARY 21 0 21 2 23 LARCENY/THEFT 70 0 70 13 23A POCKET-PICKING 0 0 0 0 23B PURSE-SNATCHING 1 0 1 0 23C SHOPLIFTING 11 0 11 7 23D THEFT FROM BUILDING 30 0 30 5 23E FROM COIN-OPER MACH 0 0 0 0 23F FROM MOTOR VEHICLE 17 0 17 1 23G MOTOR VEH PARTS 2 0 2 0 23H ALL OTHER LARCENY 9 0 9 0 240 MOTOR VEHICLE THEFT 2 0 2 0 250 COUNTERFEITING 2 0 2 1 26 FRAUD 2 0 2 1 26A FALSE PRETEN/SWINDLE 0 0 0 0 26B CREDIT CARD/ATM 0 0 0 0 26C IMPERSONATION 2 0 2 1 26D WELFARE FRAUD 0 0 0 0 26E WIRE FRAUD 0 0 0 0 270 EMBEZZLEMENT 0 0 0 0 280 STOLEN PROPERTY 0 0 0 0 290 DESTRUCTION/VANDALISM 51 0 51 6 35 DRUG/NARCOTIC OFFENSE 22 0 22 21 -35A DRUG/NARCOTIC VIOL 12 0 12 12 35B DRUG/EQUIPMENT VIOL 10 0 10 9 36 SEX OFFENSES 0 0 0 0 36A INCEST 0 0 0 0 36B STATUTORY RAPE 0 0 0 0 370 PORNOGRAPHY/OBSCENE 0 0 0 0 39 GAMBLING OFFENSE 0 0 0 0 39A BETTING/WAGERING 0 0 0 0 39B OPERATING/PROMOTING 0 0 0 0 39C GAMBLING EQUIP VIOL 0 0 0 0 39D SPORTS TAMPERING 0 0 0 0 40 PROSTITUTION OFFENSES 0 0 0 0 40A PROSTITUTION 0 0 0 0 40B ASSIST/PROMOTING 0 0 0 0 510 BRIBERY 0 0 0 0 520 WEAPON VIOLATIONS 4 0 4 3 GRPA TOTALS 197 2 195 65 08/11/92 14:04:59 PRINT REQUESTED BY TERMINAL ESU QNCS NIBRS CRIME SUMMARY REPORT DATE 041098 1902 FOR: PD ESTES PARK - CO0350200 FROM: JAN. 1997 TO: JUN. 1997 OFFENSE REPORTED UNFOUNDED ACTUAL CLEARED 09 HOMICIDE 0 0 0 0 09A MURDER AND NONNEGLIG 0 0 0 0 09B NEG MANSLAUGHTER 0 0 0 0 09C JUSTIFIABLE HOMICIDE 0 0 0 0 100 KIDNAPING/ABDUCTION 0 0 0 0 11 SEX OFFENSE/FORCIBLE 1 0 1 1 11A FORCIBLE RAPE 0 0 0 0 11B FORCIBLE SODOMY 0 0 0 0 11C SEXUAL ASSAULT 1 0 1 1 11D FORCIBLE FONDLING 0 0 0 0 120 ROBBERY 0 0 0 0 13 ASSAULT OFFENSES 32 0 32 28 13A AGGRAVATED ASSAULT 6 0 6 6 13B SIMPLE ASSAULT 23 0 23 19 13C INTIMIDATION 3 0 3 3 200 ARSON 0 0 0 0 210 EXTORTION 0 0 0 0 220 BURGLARY 15 0 15 0 23 LARCENY/THEFT 70 0 70 8 23A POCKET-PICKING 2 0 2 0 23B PURSE-SNATCHING 1 0 1 0 23C SHOPLIFTING 5 0 5 2 23D THEFT FROM BUILDING 27 0 27 4 23E FROM COIN-OPER MACH 11 0 11 0 23F FROM MOTOR VEHICLE 9 0 9 1 23G MOTOR VEH PARTS 2 0 2 0 23H ALL OTHER LARCENY 13 0 13 1 240 MOTOR VEHICLE THEFT 0 0 0 0 250 COUNTERFEITING 6 0 6 3 26 FRAUD 1 0 1 0 26A FALSE PRETEN/SWINDLE 0 0 0 0 26B CREDIT CARD/ATM 1 0 1 0 26C IMPERSONATION 0 0 0 0 26D WELFARE FRAUD 0 0 0 0 26E WIRE FRAUD 0 0 0 0 270 EMBEZZLEMENT 0 0 0 0 280 STOLEN PROPERTY 0 0 0 0 290 DESTRUCTION/VANDALISM 41 0 41 3 35 DRUG/NARCOTIC OFFENSE 6 0 6 6 *3 5A DRUG/NARCOTIC VIOL 2 0 2 2 35B DRUG/EQUIPMENT VIOL 4 0 4 4 36 SEX OFFENSES 1 0 1 1 36A INCEST 1 0 1 1 36B STATUTORY RAPE 0 0 0 0 370 PORNOGRAPHY/OBSCENE 0 0 0 0 39 GAMBLING OFFENSE 0 0 0 0 39A BETTING/WAGERING 0 0 0 0 39B OPERATING/PROMOTING 0 0 0 0 39C GAMBLING EQUIP VIOL 0 0 0 0 39D SPORTS TAMPERING 0 0 0 0 40 PROSTITUTION OFFENSES 0 0 0 0 40A PROSTITUTION 0 0 0 0 40B ASSIST/PROMOTING 0 0 0 0 510 BRIBERY 0 0 0 0 520 WEAPON VIOLATIONS 5 0 5 5 GRPA TOTALS 178 0 178 55