HomeMy WebLinkAboutPACKET Public Safety 2004-02-26' t'"42 PUBLIC SAFETY COMMITTEE AGENDA February 26,2004 7:30 A.M. POLICE DEPARTMENT Action 1. Vicious Dog Ordinance Change - Approval Requested 2. Noise Ordinance Change - Approval Requested Reports 1. Municipal Court Annual Report - Honorable Judge Gary Brown 2. False Alarm Comparison 2002-2003 FIRE DEPARTMENT Action 1. None Reports 1. Fire District Update - Service Plan Draft 2. Firehouse Upstairs Remodel 3. S.C.B.A. Upgrade - Emergency Buddy Breathing System (E.B.B.S.) Approximately $350 per Air Pack NOTE: The Board, of Trustees (or Public Safety Committee) reserves the right to consider other · appropriate items not available at the time the agenda was prepared.
. Estes Park Police Department Memo To: Chairman Stephen Gillette and Public Saf~y Committee Board Members Fronr Lowell Richardson, Chief of Police921_ CC: Richard V\&Imer, Town Administrator Date. February 24,2004 Re: Amendments to Munidpal Code Sedion 7.12 Background Due to increasing vicious animal attacks occurring within Colorado a review of the Town of Estes Park's vicious animal ordinance was conduded. It was discovered the current ordinance did not adequately provide for effective enforcement measures should the need arise to enforce any vidous animal violations. Based on review of Town Munidpal Code Chapter 7.12 and subsequent sections a comprehensive revision was initiated. The revisions made are intended to provide Animal Control and Police with the ability to effectively enforce and impound vicious animals as a matter of Public Safety. These recommended changes of Town Municipal Code Chapter 7.12 have been reviewed by Town Attorney Greg White with recommended changes. Budget Impact None Recommendations Staff recommends to the Public Safety Committee to approve the following changes and amendments to Town Municipal Code Chapter 7.12 and all subsequent sedions: 1. Amend Code 7.12 Animals to read " Chapter 7.12 Domestic Animals. 2. Amend Code section 7.12.035 Certificate of Vaccination in its entirety. 3. Amend Code section 7.12.060 Impoundment Notice Procedure in its entirety. 4. Amend Code section 7.12.070 General Procedure for Impoundment in its entirety. 5. Amend Code section 7.12.090 Vidous Dogs Prohibited in its entirety and to read "Vicious Animals Prohibited." 6. Amend Code section 7.12.110 Animal Waste Removal in its entirety. 7. Amend Code section 7.12.120 Disturbance of Neighborhood Prohibited in its entirety. 1
' ''t ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 7.12 DOGS, OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend and repeal certain sections of the Municipal Code of the Town of Estes Park, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1. The Municipal Code shall be amended as follows: Chapter 7.12 Domestic Animals Chapter 7.12.035 Certificate of vaccination. The certificate of vaccination required by this Chapter shall contain the name, address and telephone number of the owner of the vaccinated cats and dogs, the date of vaccination, the date of expiration of vaccination, the type of rabies vaccine used, the breed, age, color and sex of the vaccinated cats and/or dogs and the signature of the veterinarian administering the vaccine. No such rabies vaccine shall be issued until after a ten-day observation period after any cats and dogs has inflicted a bite on any person or other animal. Concurrently with the issuance and delivery of the certificate of vaccination referred to herein, the owner of the cats and dogs shall cause to be attached to the collar or harness of the vaccinated cats and dogs a metal tag, serially numbered to correspond with the vaccination certificate number and bearing the year of issuance. Such tag shall be attached to the collar or harness of the cats and dogs so vaccinated, which collar or harness must be worn by such cats and dogs at all times. Chapter 7.12.060 Impoundment notice procedure. Upon the impoundment of an animal, the Police Department shall notify the owner or custodian of the animal that the animal has been impounded and will be released upon proof that the animal is properly licensed, upon payment of an impound fee, care and feeding fee and any expenses incurred for veterinary care and treatment; and that, if the animal is not released within five (5) days from the day of said notice, it will be disposed of at the direction of the Police Department. The notice shall be delivered to such owner or custodian, or if such owner or custodian is not available, by posting said notice on the premises from which the animal was impounded.
,. Chapter 7.12.070 General procedure for impoundment. All animals impounded shall be kept for a period of five (5) days unless sooner redeemed by their owners or custodians; provided that no vicious animal shall be released unless provisions suitable to the Police Department have been made for the animal by its owner or custodian to protect the public against said propensities, and that no female animal in heat shall be released unless the owner or custodian has facilities for the caring and confining of such animal satisfactory to the Police Department. No animal shall be released from the impound facility until the production of satisfactory proof of ownership, the payment of a impound fee, care and feeding fee and any expenses incurred by the Town for veterinary care and treatment, and submission of proof that the animal has been properly licensed and inoculated against rabies as required by this Chapter. Upon the expiration of five (5) days aft6r notice of impoundment as provided in Chapter 7.12.060, any animal unclaimed shall be disposed of in accordance with the directions of the Police Department. Chapter 7.12.090 Vicious animals prohibited. (a) It is unlawful for any person to keep, possess or permit to be any vicious animal within the Town, except as provided in subsection (d) of this chapter. A vicious animal shall be deemed a public nuisance, and shall be impounded as provided in Chapters 7.12.060 and 7.12.070. In the event the owner or possessor of the animal disputes the determination that the animal is vicious, said person may request, in writing, a hearing in Municipal Court on the question of whether or not the animal is vicious. Said hearing shall be held as soon as practical. At said hearing, the Municipal Judge may determine and order that an animal should be humanely euphemized if the Municipal Judge determines that the animal is vicious. (b) Any vicious animal, which cannot be safely captured and impounded, may be destroyed by any police officer of the Town, or by any other person duly authorized by the Chief of Police for this purpose. (c) For the purposes of Subsections (a) and (b), any animal which attacks human beings or animals, whether domestic or wild, upon public or private property, whether by causing bodily injury or by approaching its victim in a aggressive or threatening manner, shall be deemed a vicious animal, except when in defense of persons who would themselves be permitted to use a similar degree of force as that used by the animal. (d) It shall be an affirmative defense to charges under this section if the victim of the attack has made an unlawful entry into the dwelling or enclosed premises of the owner or custodian or injured by an animal during the commission of a crime against the owner or custodian. (e) An animal kept or possessed for protection or security purposes, which by its nature or training would otherwise come under the foregoing provision, shall not be 2
, . deemed a vicious animal so long as it is securely confined in an enclosure which keeps it physically segregated from persons other than its owner, custodian or possessor. Special sanctions. The animal control officer, or the town attorney or his designee, may recommend that one or more special sanctions be levied against any animal owner or custodian convicted of any violation of this chapter. This recommendation may be presented to the municipal court as a proposed condition of sentencing upon conviction and may be in lieu of or in addition to the penalties or fines as imposed by the municipal court. The court may take into consideration the severity of the incident, the prior history of the owner or custodian, and the recommendation of the animal control officer or city attorney. Special sanctions include, but are not limited to the following: Construction of a secure animal enclosure (built to the specifications of animal control) and in compliance with the zoning ordinance; Spaying or neutering of the animal(s); Obedience training/behavior modification; Responsible pet ownership class; Community service work; Euthanasia of the animal(s); Prohibition from owning animals for a specified period Use of humane training devices for behavior modification Inspections of premises where animal(s) is kept; Restitution for costs of care rendered or shelter given at the city's designated animal shelter, costs of veterinary care, and costs of medical treatment; and Treatment or counseling program(s) Placement of a permanent microchip identification device under the skin of an animal. Chapter 7.12.110 Animal waste removal. (a) The owner, custodian or possessor of any animal shall be responsible for removal of any feces deposited by said animal on public sidewalks, rights-of-way, streets, parks or recreation areas. Said person shall immediately remove and sanitarily 3
6- 1 1, dispose of the feces. Also, the owner, custodian or possessor shall be responsible for the removal of any feces deposited by his or her animal on any private property not owned, controlled or possessed by said person. Said person shall immediately remove and sanitarily dispose of the feces. (b) Any person who owns, possesses or controls any lot, building or other place where an animal or animals are kept shall keep the building and premises in a clean and sanitary condition and shall remove all feces from the premises at least once each week. Chapter 7.12.120 Disturbance of neighborhood prohibited. (a) It is unlawful for any person to keep or maintain any animal within the town, which habitually or continuously disturbs the peace and quiet of any individual or neighborhood by barking, whining, howling or making any other noise. It shall be presumed that a resident or occupant of the premises upon which the animal is located is a person keeping or maintaining such animal. (b) Any animal within the town which habitually or continually disturbs the peace and quiet of any individual or neighborhood by barking, whining, howling or making any other noise is a public nuisance. The animal control officer or a police officer has authority, without liability, to use all reasonable means to abate such public nuisance, including the authority to enter upon private property to impound such animal where the owner or custodian of such animal is or appears to be absent from the premises; provided, however, that this authority does not extend to entering the owner's or custodian's resident dwelling. Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2004. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk 4
I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of ,2004, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2004. Town Clerk 5
0 .i (n .- ,W .i C ® O0t r.1 . 0 .= C f.>A....
Proactive Approach • Updating the code is a proactive approach :Ol Jo Bu!pueisiepun Jelleq e 4 JIM SlueP'se] ap!AO]d sluell]03!nbei ewl X1!unluuuoo ino Jo *Jes 841 eouellu3 0 luell.loOJOJue 41!AA Unooled!0!unIN 841 GPIAO]d I spuen lue]Jno 41!AA peu5!le SeA!jeufalle
Revision Request • Chapter 7 re-titled as Domestic Animals SUORBU!00eA SalqeJ eAew 01 paJ!nbei eje SleD • sleo epniou! sjuelilpunodull • paugep eJOUJ S! apOO IBLU!ue led!0!unl/\1 0 SIBU.1!ue sno!0!A Bu!pie633
. i g E fm*ff ill Vicious Animal Defined • Definition animal which attacks human beings or animals, w hehr dtoh~rebsjt~ccao~ :~~d,lo~~'~ public or private pro injury or Jo eA'sseifiBe e u! U]!10!A eoidde Xq sno!0!A e pell]@ap aq Ilews 'J Buluelea]41 04/\A Suowed JO asuejep ul uell/\A }deoxe 'leullue 381!LUIs e esn oi pejj'llued eq SaAIGSU]841 PinOAA ~leu]!ue ewi Xq pesn jelli se 833 OJ Jo eaffiep
.· • Disturbance of neighborhood includes cats xeUJOUe X1!3 841 JO '3331#0 loiwOO leunue!341 • JO Guo je41 pueudooente2%502 Sll-~ Revision Request • Animal waste removal includes cats :pappe suoiloues ie!oads •
, (1) Special Sanctions Construction of a secure animal enclosure (built to the specifications of animal control officer, or the city attorney or his designee) and in compliance with the zoning ordinance; :(S)lel.Ulue 841 Jo Bupelneu Jo 6u!Xeds 110!leo!:1!POLU JOIAeweq/Bululeil 00ue!peqo :ssep d!4SJaUAAO led alq!suodsabl :>IJOAA 83!AJeS X1!Unll]LUOO MS)lel,Ulue 041 JO elseuellinEI
Special Sanctions Prohibition from owning animals for a specified period uolle0!J!POLLI Jo!Aeweq JOJ seo!Aep 5ululeil elleulnw JO asA :lde>1 s! (S)lel.Ulue eJell/\A ses!luaid Jo suoiloadsul s,43 841 le UGA!5 Jellells JO pefepl.leJ adeo JO slSOO JOJ uollninsabl leo!pal.U JO SlsOO pue 'aies X.leupeleA JO S}SOO 'Jall@LIS lel.Ulue peleu6!sep (skuei60Jd Bullesurloo JO jual.Uleeil pue : 1Uel.Uleadj U!>IS 341 Jepun 80!Aep UO!180!:1!luep! d!40030!lu lueueluied e JO juelueoeld lell!!Ue Ue JO
I D Estes Park Police Department Memo To: Chairman Stephen Gillette and Public Safety Committee Board From Lowell Richardson, Chief of Police 3-t* CC: Richard Wdmer, Town Administrator Date: February 24,2004 Re: Noise Ordinance Amendments Background In Odober of 2003 staff presented to the Public Safety Committee the results of a noise pollution study of other Colorado communities. Based on those findings a series of recommendations were presented to the Public Safety Committee, one recommendation induded revisions of the current Town Code Chapter for noise pollution violations. Staff made changes to the Town Code Chapter 8.04.080 based on the study findings and has reviewed the changes with Town Attorney Greg White. Budget Impact None Recommendations Staff recommends to the Public Safety Committee approval of the following additions to Town Code Chapter 8.04.080 Disturbance, Sound, Noise, Odor or Light 1. Addition of Chapter section 8.04.080 DefinRions in its entirety 2. Addition of Chapter sedion 8.04.081 Unreasonable Noise Prohibited in its entirety 3. Addition of Chapter section 8.04.082 Maximum Permissible Noise Levels in its entirety 4. Addition of Chapter section 8.04.083 Exceptions in its entirety 5. Addition of Chapter sedion 8.04.85 Extratenitorial Noise Source in its entirety 6. Addition of Chapter section 8.04.086 Variances in its entirety 7. Addition of Chapter section 8.04.087 Motor Vehicle Maximum Sound Levels in its entirety 8. Addition of Chapter section 8.04.088 Violations and Penalties in its entirety 1
ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8.04.080 DISTURBANCE - SOUND, NOISE, ODOR OR LIGHT OF THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has determined that it is in the best interest of the Town to amend and repeal certain sections of the Municipal Code of the Town of Estes Park, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO: Section 1: The Municipal Code shall be amended by the addition of the following: Chapter 8.04.080 Definitions. The following words and terms, and phrases, when used in this Article, shall have the following meanings ascribed to them in this Section: Ambient sound level shall mean the total sound pressure level in the area of interest including the noise source of interest. A-weighting shall mean the electronic filtering in sound level meters that models human hearing frequency sensitivity. Background sound level shall mean the total sound pressure level in the area of interest excluding the noise source of interest. Code Compliance inspector shall mean an employee of the city trained in the measurement of sound and empowered to issue a summons for violations of §8.04.082 and to issue variances pursuant to §8.04.086. Construction shall mean any site preparation, assembly, erection, repair, alteration or similar action, or demolition of buildings or structures. dB(A) shall mean the A-weighted unit of sound pressure level. Decibel [dB] shall mean the unit of measurement for sound pressure level at a specified location. Emergency work shall mean any work or action necessary to deliver essential services including, but not limited to, repairing water, gas, electric, telephone, sewer facilities, or
public transportation facilities, removing fallen trees on public rights-of-way, or abating life-threatening conditions. Impulsive sound shall mean a sound having duration of less than one (1) second with an abrupt onset and rapid decay. Motor vehicle shall mean any vehicle that is propelled or drawn on land by an engine or motor. Muffler shall mean a sound-dissipative device or system for attenuating the sound of escaping gases of an internal combustion engine. Multi-use property shall mean any distinct parcel of land that is used for more than one (1) category of activity. Examples include, but are not limited to: (1) A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or (2) A commercial building that has a residential use located above, behind, below or adjacent to the commercial use. Noise disturbance shall mean any sound originating from or received within the city limits that (a) endangers the safety or health of any person, (b) disturbs a reasonable person of normal sensitivities, or (c) endangers personal or real property. Person shall mean any individual, corporation, company, association, society, firm, partnership, joint stock company, the city or any political subdivision, agency or instrumentality of the city. Public right-of-way shall mean any street, avenue, boulevard, road, highway, sidewalk, alley or similar place which is leased, owned or controlled by a governmental entity. Public space shall mean any real property or structures thereon that is owned, leased or controlled by a governmental entity. Pure tone shall mean any sound that can be judged as a single pitch or set of single pitches by the Code Compliance Inspector. Real property line shall mean either (a) the line, including its vertical extension, that separates one (1) parcel of real property from another, or (b) the vertical and horizontal boundaries of a dwelling unit that is contained within a multi-use building. 2
Souhd level shall mean the instantaneous sound pressure level measured in decibels with a sound level meter set for A-weighting on slow or fast integration speed. Sound level meter shall mean an instrument used to measure sound pressure levels conforming to standards as specified in ANSI Standard Sl.4-1983 or the latest version thereof. Sound pressure level shall mean twenty (20) multiplied by the logarithm, to the base ten (10), of the measured sound pressure divided by the sound pressure associated with the threshold of human hearing, in units of decibels. Unreasonable noise shall mean any sound of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the city or in any portions thereof, but excludes all aspects of the employer-employee relationship concerning health and safety hazards within the confines of a place of employment. Chapter 8.04.081 Unreasonable noise prohibited. No person shall make, continue or cause to be made or continued any unreasonable noise; and no person shall knowingly permit such noise upon any premises or in or upon any vehicle owned or possessed by such person or under such person's control or operation. For purposes of this Section, members of Police Services are empowered to make a prima facie determination as to whether a noise is unreasonable. Chapter 8.04.082 Maximum permissible noise levels. (a) A noise measured or registered in the manner provided in § 8.04.083 from any source at a level which is in excess of the dB(A) established for the time period and zoning districts listed in this Section is hereby declared to be a noise disturbance and is unlawful. When a noise source can be identified and its noise measured in more than one (1) zoning district, the limits of the most restrictive zoning district shall apply. Zoning District, Maximum Noise, [dB (A)] Areas zoned: Rural Estate: (RE-1) Rural Estate: (RE) Estate: 1 Acre (E-1) Estate: .5 Acre (E) Residential: (R) Residential: (R-1) Two-Family (R-2) Multi-Family (RM) Accommodations (A) Accommodations (A-1) 7:00 a.m. to 8:00 p.m. 55 3
8:00 p.m. to 7:00 a.m. 50 Areas zoned: Commercial Outlying (CO) Commercial Downtown (CD) Commercial Heavy (CH) Office (0) 7:00 a.m. to 8:00 p.m. 60 8:00 p.m. to 7:00 a.m. 55 Areas zoned: Restricted Industrial (I-1) 7:00 a.m. to 8:00 p.m. 80 8:00 p.m. to 7:00 a.m. 75 (b) If the noise source in question is a pure tone, the limits set forth above shall be reduced by five (5) dB(A). (c) In multi-use buildings, when noise originates in one (1) unit and is received in another unit within the same building, the maximum dB(A) for such noise shall be the same as the maximum dB(A) for the zoning district in which the building is located. Chapter 8.04.083 Classification and measurement of noise. For the purposes of classifying any noise disturbance and determining whether it is in violation of § 8.04.082, the following test measurements and requirements shall be applied; provided, however, that a violation of § 8.04.081 may occur without the following measurements being made: (1) Noise shall be measured at a distance of at least twenty-five (25) feet from a noise source located within the public right-of-way, and if the noise source is located on private property or public property other than the public right-of-way, the noise shall be measured at or within the property boundary of the receiving land use. (2) The noise shall be measured on a sound level meter. (3) No outdoor measurement shall be taken without a wind screen recommended by the sound level meter manufacturer, or during periods when wind speeds, including gusts, exceed fifteen (15) miles per hour. Chapter 8.04.084 Exceptions. The provisions of this Article shall not apply to: (1) Noise from emergency signaling devices; (2) Noise from agricultural activities; 4
(3) The operation of aircraft or other activities which are subject to federal law with respect to noise control, and the generation of sound in situations within the jurisdiction of the Federal Occupational Safety and Health Administration; (4) Noise from domestic power tools and lawn and garden equipment operated between 7:00 a.m. and 8:00 p.m., provided that such tools or equipment generate less than eighty-five (85) dB(A) at or within any real property line of a residential property; (5) Sound from church bells and chimes when a part of a religious observance or service; (6) Any tools or equipment used in construction, drilling, earthmoving, excavating, or demolition, provided that all motorized equipment used in such activity is equipped with functioning mufflers, and further provided that such work takes place between 7:00 a.m. and 8:00 p.m.; (7) Noise from snow blowers, snow throwers and snow plows when operated with a muffler for the purpose of snow removal; (8) The town for noise emanating from any public right-of-way; (9) Noise generated from golf course maintenance equipment; (10) Noise generated by tools or equipment during emergency operations or activities that are reasonably necessary for the public health, safety or welfare. Chapter 8.04.085 Extraterritorial noise source. If noise measured at a location within the town limits exceeds the maximum permissible noise levels contained in § 8.04.082 for the zoning district in which the noise is measured, and the source of the noise is located in an unincorporated area of the county, the city shall have jurisdiction to prosecute such noise violation provided that: (1) The complainant has first sought enforcement of any applicable county noise law or regulation and the county has declined to initiate any court proceedings to enforce said law or regulation, or thirty (30) days have elapsed from the date of filing the complaint with the county and no such proceedings have been initiated; or (2) The person charged with a violation of the county's law or regulation has been acquitted of such charge, or such charge has been dismissed, and the elements constituting a violation of the county law or regulation are substantially different than the elements constituting a violation of § 8.04.082. 5
Chapter 8.04.086 Variances. (a) Any person who owns or operates any stationary noise source may apply to the Code Enforcement Officer for a variance from one (1) or more of the provisions of this Article. Applications for a variance shall supply information including, but not limited to: (1) The nature and location of the noise source for which such application is made; (2) The reason for which the variance is requested, including the hardship that will result to the applicant, his/her client or the public if the permit of variance is not granted; (3) The level of noise that will occur during the period of the variance; (4) The section or sections of this Article for which the variance shall apply; (5) A description of interim noise control measures to be taken for the applicant to minimize noise and the impacts occurring there from; and (6) A specific schedule of the noise control measures that shall be taken to bring the source into compliance with this Article within a reasonable time. (b) Failure to supply the information required by the Code Enforcement Officer shall be cause for rejection of the application. (c) The Code Enforcement Officer may charge the applicant a reasonable fee to cover expenses resulting from the processing of the variance application. (d) The Code Enforcement Officer may, at his or her discretion, limit the duration of the variance, which shall be no longer than one (1) year. Any person granted a variance and requesting an extension of time shall apply for a new variance under the provisions of this Section. (e) No variance shall be approved unless the applicant presents adequate proof that: (1) Noise levels occurring during the period of the variance will not constitute a danger to public health; and (2) Compliance with this Article would impose an unreasonable hardship on the applicant without equal or greater benefits to the public. (f) Under no circumstances shall the noise level of an activity for which a variance is granted for a period of time in excess of eight (8) hours exceed ninety (90) decibels. 6
(g) In determining whether to grant a variance, the Code Compliance Inspector shall consider: (1) The character and degree of injury to, or interference with, the public health and welfare and the reasonable use of property that is caused or threatened to be caused; (2) The social and economic value of the activity for which the variance is sought; and (3) The ability of the applicant to apply the best practical noise control measures. (h) A variance may be revoked by the Code Enforcement Officer if there is: (1) Violation of one (1) or more terms or conditions of the variance; (2) Material misrepresentation offact in the variance application; or (3) Material change in any of the circumstances relied on by the Code Enforcement Officer in granting the variance. (i) Variance decisions may be appealed to the Town Administrator by the applicant or any affected person. Chapter 8.04.087 Motor vehicle maximum sound levels. (a) No person shall operate or cause to be operated a public or private motor vehicle or motorcycle on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle or motorcycle exceeds the levels set forth below: 7
. S Vehicles class (GVWR) Speed limit where Speed limit where posted 35 mph or posted greater less or speed than 35 mph limits regulated [sound pressure under the adopted level dB(A)] Model Traffic Code [sound pressure level dB(A)] Motor vehicles with a manufacturer's 86 90 gross vehicle weight rating (GVWR) of 10,000 pounds (4,536 kg) or more, or by any combination of vehicles towed by such motor vehicle Any other motor vehicle or any 80 84 combination of vehicles towed by any motor vehicle, to include but not limited to, automobiles, vans, light trucks or any motorcycle with a gross vehicle weight rating (GVWR) less than 10,000 pounds (4,536 kg) (b) No person shall operate or cause to be operated any motor vehicle or motorcycle off a public right-of-way in such a manner that the sound level emitted exceeds the limits set forth in § 8.04.082. This Section shall apply to all motor vehicles, whether or not duly licensed and registered, including but not limited to commercial or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles, amphibious crafts, campers and dune buggies. (c) Noise shall be measured at a distance of at least twenty-five (25) feet from the lane being monitored. (d) The noise shall be measured on a sound level meter. (e) No outdoor measurement shall be taken without a wind screen recommended by the sound level meter manufacturer, or during periods when wind speeds, including gusts, exceed fifteen (15) miles per hour. Chapter 8.04.088 Violations and penalties. (a) Any person who violates any provision of this Article, upon conviction, shall be subject to the penalty in § 1.20.020. (b) Violation of any provision of this Article shall be cause for a summons to be issued by authorized enforcement officials according to adopted procedures. 8
4 . ~ Section 2. This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK, COLORADO, THIS DAY OF , 2004. TOWN OF ESTES PARK, COLORADO By: Mayor ATTEST: Town Clerk I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the day of , 2004, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2004. Town Clerk 9
4 1 . .. MUNICIPAL COURT - TOWN OF ESTES PARK COMPARISON REPORT Month 2001 2001 2002 2002 2003 2003 New Receipts New Receipts New Receipts Cases $ Cases $ Cases $ January 54 3,362 47 1,175 48 2,253 February 33 1,364 38 1,999 19 1,170 March 56 2,474 64 3,095 28 976 April 44 1,497 49 2,388 36 1,859 May 30 1,500 58 2,754 18 1,085 June 52 2,427 43 2,212 16 1,093 July 26 1,985 46 1,803 17 1,064 August 80 3,641 80 3,448 23 1,290 September 73 2,638 73 2,650 31 1,919 October 48 2,745 44 3,020 23 1,200 November 36 1,640 47 2,980 9 820 December 51 2,401 31 1,929 19 1,171 TOTAL 583 $27,674 620 $29,453 287 $15,900* * 2003 figures include surcharge * Restorative Justice in 2003
.. TOWN OF ESTES PARK MUNICIPAL COURT PARKING TICKET REVENUE COMPARISON 2003 $3,860 2002 .................. 3,578 2001 .................. 405 2000 .................. 3,245 1999 .................. 2,970
, ' r ... 0 C 01 0 r g 0 g €a N 0 0 N r- IE #of Alarms Warnings Billings Money Received # of Alarms Warnings Billi gs Money Re ·eived 32 , 129 $575.00 2002 and 2003 False Alarm Comparison Report
PUBLIC SAFETY COMMITTEE AGENDA February 26,2004 - 7:30 A.M. POLICE DEPARTMENT Action 1. Vicious Dog Ordinance Change - Approval Requested 2. Noise Ordinance Change - Approval Requested Reports 1. Municipal Court Annual Report - Honorable Judge Gary Brown 2. False Alarm Comparison 2002-2003 FIRE DEPARTMENT Action 1. None Reports 1. Fire District Update - Service Plan Draft: The Fire District Feasibility Committee has just received the draft of the service plan from Greg White. The committee will be meeting in the next few weeks to review the service plan. After the committee approves the plan it will be submitted to the Town Board for review and then to the County Commissioners for approval. 2. Firehouse Upstairs Remodel: The upstairs remodel at the fire station is 99.9% complete. This has really enhanced our facility and many of the firefighters are now using the weight equipment. The Physical trainer is scheduled to start setting up individual programs for the firefighters in the very near future. 3. S.C.B.A. Upgrade - Emergency Buddy Breathing System (E.B.B.S.) Approximately $350 per Air Pack: A new NFPA standard requires that all new air packs be equipped with a device to supply air to another air pack in case of an emergency. This device is called an emergency buddy breathing system. Essentially it is a valve an hose assembly that is attached to the wearer's air pack that can be connected to a buddies air pack to supply breathing air if one of the firefighters runs out of air. The Volunteers have voted to purchase and retrofit all of their air packs (21). This will provide another level of safety to our firefighters. The cost of the device is approximately $ 350 per pack. This should be completed within the next 30 days.