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Home My WebLink AboutPACKET Public Safety 2005-08-25-. 3., PUBLIC SAFETY COMMITTEE AGENDA (AMENDED) August 25,2005 8:00 A.M. POLICE DEPARTMENT Action 1. Presentation of auto vs. pedestrians MacGregor/Elkhorn crosswalk. Reports 1. Municipal Noise Ordinance Revisions a. Discussion only 2. Victim Advocates 6 month Review FIRE DEPARTMENT Action 1. None Reports 1. Fire Danger- Larimer County Fire- Restrictions lifted 2. The Dive Rescue Truck delivery 3. Fire Safety Trailer delivery 4. Chief Dorman will be attending the National Fire Academy in Emmitsburg, MD in September. 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 Wayne Newsome and Public Safety Committee Board Members From: Lowell Richardson, Chief of Police CC: Randy Repola, Town Administrator Date: August 23,2005 Re: Elkhom and Mac Gregor Avenue intersection Backaround Over the past two years Estes Park Police have investigated two auto pedestrian accidents at the crosswalk (north/south) of Elkhom and MacGregor Avenue. In each instance the accidents occurred as the pedestrians were approaching the south curb of Elkhom or stepping from the south curb heading north across Elkhom. The accident in which a husband and wife were both hit involved a local driver who was intoxicated and under the influence of alcohol and drugs. The second accident which occurred August 5m 2005 involved an inexperienced driver from out of town. Over a five year period (1999 - 2004) Estes Park Police Officers have investigated 252 accidents on Elkhom Avenue starting from the 36/34 intersection to the Moraine Avenue intersection. During this same time period injury accidents investigated within the same defined locations totaled thirteen (13) and the number of auto pedestrian accidents totaled three; Two at MacGregor and Elkhom 2004 and one at Elkhom & Riverside. Two pedestrians were struck at MacGregor and Elkhom (June 2004) during the same episode (a husband and wife) they received serious bodily injuries; the pedestrian struck (August 2005) received minor injuries and was released the same day of the accident. The pedestrian struck at Riverside and Elkhom (2002) was a Community Service Officer he received minor injuries as well. Two of these accidents involved alcohol and drugs or both. Over the past four years the crosswalk at MacGregor Avenue received different crosswalk warnings; first a mobile caution sign was placed in the middle of the street, then a flag system was used in conjunction with the mobile caution sign and last flashing pedestrian caution signs were installed this year. Located within three blocks of one another are three crossing locations on Elkhom and they are: 1. Mid block from the Municipal parking to Barlow Plaza. 2. MacGregor avenue 3. Riverside and Elkhom (four way crosswalk) 1 These are in place to allow convenient crossing for our visitors and to provide them access to stores and restaurants. In assessing this crosswalk location staff discovered a blind spot exists for traveling motorists in both eastbound and westbound far right lanes of traffic where their line of sight is obscured by vehicles stopped in the left lanes of Elkhom and they cannot clearly see a pedestrian. Budget/Costs $1,000.00 for Guard Rails $500.00 removal costs for existing pedestrian caution signs $1,000.00 for curb replacements Recommendations After reviewing the historical number of tramc accidents occurring on Elkhom (five a month) and the number of auto pedestrian accidents staff has determined since improving the crosswalk system at Macgregor Avenue pedestrian accidents have increased. There is no definitive explanation as to why this has occurred. However, staff recommends removing the crosswalks from MacGregor Avenue as a safety measure for pedestrians. Furthermore, staff recommends installing guard rail barriers to reduce illegal pedestrian crossings. This provides a visual and physical reminder that crossing is no longer allowed at this location. â€¢ Page 2 . Estes Park Police Department Memo To: Chairman Wayne Newsome and Public Safety Committee Board Members From. Lowell Richardson, Chief of Police CC: Randy Repola, Town Administrator Date: August 22,2005 Re: Noise Ordinance Revision (8.04.082 Maximum permissible noise levels (a.)) Backaround In April of 2004 the Town of Estes Park' Municipal Ordinances 8.04.080 through 8.04.087 was revised, these ordinances govern acceptable noise levels within our community. A recent issue invoMng public sanctioned events emanating noises from live music shows at Performance Park created some community concerns. A review of Colorado Revised Statutes 25-12-103 (section 1.) revealed times for allowable maximum noise levels are from 7AM to 7PM and 7PM to 7AM. When crafted the 2004 revisions for the Town of Estes Park -- noise ordinance established time limits from 7AM to 8PM and 8PM to 7AM. At that time these time frames seemed appropriate. Since then recent complaints suggest reconsidering the originally approved time frames for permissible noise levels within Town limits. Budget/Costs n/a Recommendations After reviewing Colorado Revised Statutes staff recommends revising current Town ordinance 8.04.082 (paragraph a) permissible time frames from 7AM to 7PM and to 7PM to 7AM. This recommended revision has been reviewed by Town Attorney White who concurs with staff recommendations. (SEE DRAFT ORDINANCE ATTACHMENT CHANGES ARE IN BOLD pgs. 4 & 5) 1 . DRAFT 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 Enforcement Officer shall mean an employee of the town authorized to issue variances pursuant to Â§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 1 . I DRAFT 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 have the same meaning as set forth in Colorado Revised Statutes 42-1-102 (58). 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 town 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 town or any political subdivision, agency or instrumentality of the town. Public right-of-way shall mean any street, avenue, boulevard, road, highway, sidewalk, alley, trail 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. Real properly 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 DRAFT Sound 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 town 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 motor vehicle owned or possessed or driven by such person or under such person's control or operation. For purposes of this Section, members of the Police Department 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 Â§ 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) 3 DRAFT 7:00 a.m. to 7:00 p.m. 55 7:00 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 7:00 p.m. 60 7:00 p.m. to 7:00 a.m. 55 Areas zoned: Restricted Industrial (I-1) 7:00 a.m. to 7:00 p.m. 80 7:00 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 Â§ 8.04.082, the following test measurements and requirements shall be applied; provided, however, that a violation of Â§ 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; 4 DRAFT (2) Noise from agricultural activities; (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 f~ 7:00 a.m. and 7:00 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 7:00 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 of Estes Park and its employees, when engaged in any activity for the maintenance, installation or repair or any town facility or utility or engaged in any other town activity or function; (9) Any Town of Estes Park sanctioned Special Event; (10) Noise generated from golf course maintenance equipment when used on a golf course; (11) Noise generated by tools or equipment during emergency operations or activities that are reasonably necessary for the public health, safety or welfare. (12) Any Park School District sanctioned event. 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; 5 DRAFT (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. (g) In determining whether to grant a variance, the Code Enforcement Officer 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 6 DRAFT (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 of fact 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 on a public right-of-way at any time in such a manner that the sound level emitted by the motor vehicle exceeds the levels set forth below: Vehicle class (GVWR) Speed limit where Speed limit where posted 35 mph or posted greater I 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 manufacturefs 86 90 gross vehicle weight rating (GVWR) of 10,000 pounds (4,536 kg) or more, or by any combination of vehicles towed i 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 off a public right- of-way in such a manner that the sound level emitted exceeds the limits set forth in Â§ 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. 7 DRAFT (c) Noise shall be measured at a distance of at least twentrfive (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 Â§ 1.20.020. 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 2005, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the day of ,2005. Town Clerk 8 Performance Park Noise Study Special Events Performances for the weeks of August 1-August 14, 2005 Table of Contents â€¢ Summary â€¢ Methodology â€¢ Event Data â€¢ Enforcement plan, Municipal Code 8.040.080 â€¢ Colorado Revised Statues, Title 25-12-103, Noise â€¢ Noise Ordinance Revision Proposal â€¢ Resort Town Comparisons â€¢ Event Calendar â€¢ Map of Performance Park, (noise readings/locations) 2 Summary During the time period ofAugust 1, 2005 - August 14, 2005, noise levels were studied at Performance Park. Nine performances were studied during this time period. Studies were conducted 30 minutes prior to each performance for ambient levels and the first 30 minutes of each performance or performance levels. Measurements were taken at 24 sites during each time period. â€¢ 480 sound measurements were taken â€¢ 240 ambient noise levels were measured â€¢ The average ambient noise level was 56.7 decibels â€¢ 240 performance noise levels were taken â€¢ The average performance level was 65.9 decibels Please see the accompanying chart for complete data. Date"and Performers Ambient (db) Performance (db) 8/1/05 54 68 Estes Park Jazz Band 8/3/05 54.9 71 Zebra Marimba polyrhythmic music ofZimbabwe 8/4/05 59.4 68.2 Dick Zavodny Polka Band-CACEP 8/6/05 1400 hours 58.8 61.4 Russian children sing Christmas songs 8/6/05 58.5 63.5 Brad and Kathy Fitch 8/7/05 55.9 60.9 Open Mic by Dick Orleans 8/10/05 55.1 62.7 Bonnie Lowdermilk 8/11/05 55.9 66.9 Groove Society 8/14/05 58.0 70.6 Estes Park Jazz Big Band Overall Average 56.7 65.9 3 Performance Park - Noise Level Study Methodology Noise Level Measurements Noise level measurements at Performance Park were taken before and during each performance. The measurements were taken from fifteen areas inside the property boundary and nine areas outside the property boundary. (See map for area reference.) The sound measurements for the nine areas outside the property boundary were taken from 20' to 150' (approximate) from the adjacent outer areas within the property boundary. Ambient noise levels were measured approximately one-half hour before each performance. Performance noise levels were measured during the first half hour of each event. All data collected using the EXTECH Sound Level Meter. Noise Level Readings/Averaees Before and during each performance, noise levels were measured for each of the twenty- four areas and were recorded with the times they were measured, and decibel readings. An average decibel reading for the areas within the property boundary was also recorded, as well as for the areas outside the property boundary. (See data summary sheets 1 -18.) Performance Park Concerts and times â€¢ Monday August 1,2005 @ 7:00 p.m. Estes Park Jazz Band â€¢ Wednesday August 3,2005 @ 7:00 p.m. Zebra Mirimba-Polyrhythmic music of Zimbabwe and South Africa â€¢ Thursday August 4,2005 @ 7:00 p.m. Dick Zavodny Polka Band-CACEP â€¢ Saturday August 4,2005 @ 2:00 p.m. Russian Children sing Christian Songs .... â€¢ Saturday August 6,2005 @ 7:00 p.m. Brad and Kathy Fitch â€¢ Sunday August 7,2005 @ 7:00 p.m. Open Mic Night by Dick Orleans â€¢ Wednesday August 10, 2005 @ 7:00 p.m. Bonnie Lowdermilk â€¢ Thursday August 11, 2005 @ 7:00 p.m. Groove Society â€¢ Sunday August 14, 2005 @ 3:00 p.m. Estes Park Jazz Big Band 4 AMBIENT NOISE LEVELS August 1, 2005 Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 18:32 56.5 B 18:32 53.6 D 18:33 52.6 E 18:35 56.6 F (7.10 ft from rivers edge) 18:35 68.5 18:35 60.2 18:37 60.2 18:37 54.5 18:38 52.1 18:40 54.1 18:40 52.1 18:40 51.8 18:45 48.5 18:45 46.3 S (16.7 ft from rivers edge) 18:45 56.0 AVERAGE READ 55.0 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 18:45 46.5 54.3 dB 175 Spruce Dr. O) T (25.6 ft from area 18:46 58.3 S) 14 ft from rivers edge U (53.6 ft from area 18:46 56.1 S) 11.9 R from rivers edge V (109.11 ft from 18:50 56.1 area S) 13.8 R from rivers edge Islander L (approx. 100 ft 18:40 53.4 53.3 dB Apartments from area K) N (approx. 66 R 18:40 53.2 from area M) Spruce House W (239 ft from area 18:50 49.5 49.5 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 ft from area 18:50 49.4 49.4 dB 411 W. Elkhorn F) 323 W. Elkhom C 18:33 50.0 50.0 dB 5 O-0 0 EX jfc--ZG) Estes Park Jazz Band (brass instruments) August 1, 2005 @ 1900 hours Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 19:00 75.4 B 19:00 67.7 D 19:03 77.1 E 19:03 68.2 F (7.10 ft from rivers edge) 19:03 67.5 19:04 71.8 19:04 68.1 19:04 66.4 19:06 71.8 19:06 72.9 19:10 72.2 19:12 84.1 19:12 69.2 19:15 73.3 S (16.7 ft from rivers edge) 19:15 71.8 AVERAGE READ 71.8 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 19:15 66.6 61.8 dB 175 Spruce Dr. O) T (25.6 ft from area 19:17 60.9 S) 14 R from rivers edge U (53.6 ft from area 19:17 59.3 S) 11.9 R from rivers edge V (109.11 ft from 19:19 60.2 area S) 13.8 ft from rivers edge Islander L (approx. 100 ft 19:10 69.2 65.6 dB Apartments from area K) N (approx. 66 ft 19:12 61.9 from area M) Spruce House W (239 R from area 19:19 51.4 51.4 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 ft from area 19:20 67.5 67.5 dB 411 W. Elkhorn n 323 W. Elkhom c 19:01 57.8 57.8 dB 6 OFO~Ac--10 AMBIENT NOISE LEVELS August 3,2005 Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 18:45 57.4 B 18:31 53.1 D 18:39 51.9 E 18:39 58.8 F (7.10 ft from rivers edge) 18:40 60.3 G 18:40 54.8 H 18:41 67.4 I 18:42 55.9 J 18:42 53.8 K 18:43 52.3 M 18:43 54.2 0 18:43 52.1 P 18:44 46.6 Q 18:44 48.5 S (16.7 ft from rivers edge) 18:34 55.4 AVERAGE READ 54.8 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 18:36 48.5 56.3 dB 175 Spruce Dr. ~) T (25.6 ft from area 18:53 59.6 S) 14 ft from rivers edge U (53.6 ft from area 18:53 59.8 S) 11.9 ft from rivers edge V (109.11 ft from 18:53 57.1 area S) 13.8 R from rivers edge Islander L (approL 100 ft 18:33 55.7 56.4dB Apartments from area K) N (approx. 66 ft 18:33 57.0 from area M) Spruce House W (239 ft from area 18:50 57.0 57.0 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 R from area 18:48 51.9 51.9 dB 411 W. Elkhorn F) 323 W. Elkhom C 18:49 49.1 49.1 dB 7 Zebra Mirimba Polvrhvthmic Music of Zimbabwe and S. Africa (Woodwind, tambourine, drums) August 3, 2005 @ 1900 hours Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 19:09 75.6 B 19:09 67.1 D 19:15 82.5 E 19:15 73.9 F (7.10 ft from rivers edge) 19:18 70.7 G 19:19 78.6 H 19:20 72.4 I 19:20 75.1 J 19:21 74J K 19:23 69.5 M 19:21 74.1 0 19:11 84.8 P 19:11 79.2 Q 19:10 74.4 S (16.7 R from rivers edge) 19:13 66.2 AVERAGE READ 74.6 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 19:12 73.7 66.3 dB 175 Spruce Dr. Q) T (25.6 ft from area 19:14 66.8 S) 14 ft from rivers edge U (53.6 ft from area 19:15 63.7 S) 11.9 ft from rivers edge V (109.11 ft from 19:15 61.1 area S) 13.8 ft from rivers edge Islander L (approx. 100 R 19:05 70.1 68.8 dB Apartments from area K) N (approx. 66 ft 19:05 67.5 from area M) Spruce House W (239 ft from area 19:07 57.9 57.9 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 R from area 19:06 62.2 62.2 dB 411 W. Elkhorn F) 323 W. Elkhorn c 19:07 62.4 62.4 dB 8 AMBIENT NOISE LEVELS* August 4,2005 Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 R from rivers edge) 18:38 61.8 B 18:39 57.1 D 18:39 68.1 E 18:40 62.7 F (7.10 ft from rivers edge) 18:40 69.7 18:42 62.7 18:42 66.3 18:43 58.8 18:43 56.8 18:43 57.3 18:44 54.2 18:44 63.9 18:46 52.3 18:46 55.0 S (16.7 R from rivers edge) 18:36 61.2 AVERAGE READ 60.5 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 18:36 55.0 59.5 dB 175 Spruce Dr. Q) T (25.6 ft from area 18:37 61.6 S) 14 R from rivers edge U (53.6 R from area 18:37 62.1 S) 11.9 ft from rivers edge V (109.11 ft from 18:37 59.2 area S) 13.8 R from rivers edge Islander L (approx. 100 R 18:34 57.3 57.6 dB Apartments from area K) N (approx. 66 ft 18:34 57.9 from area M) Spruce House W (239 R from area 18:30 58.8 58.8 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 ft from area 18:32 56.7 56.7 dB 411 W. Elkhorn 8 323 W. Elkhorn C 18:31 50.2 50.2 dB *Polka recording playing before performance. High river due to rain. 9 01 0 i~ Pfc.-ZO Dick Zavodnv Polka Band (vocals, keyboard, tuba, drums, accordion) August 4, 2005 @ 1900 hours Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 19:10 72.2 B 19:11 62.1 D 19:11 77.2 E 19:12 69.7 F (7.10 ft from rivers edge) 19:13 72.1 G 19:12 73.6 H 19:14 73.5 I 19:14 73.4 J 19:14 73.7 K 19:15 67.1 M 19:16 68.0 0 19:16 78.5 P 19:19 70.3 Q 19:19 75.5 S (16.7 ft from rivers edge) 19:07 69.0 AVERAGE READ 71.7 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 19:07 68.9 64.7 dB 175 Spruce Dr. O) T (25.6 ft from area 19:09 66.4 S) 14 R from rivers edge U (53.6 ft from area 19:09 62.8 S) 11.9 R from rivers edge V (109.11 R from 19:10 60.5 area S) 13.8 ft from rivers edge Islander L (approx. 100 ft 19:01 62.7 61.8 dB Apartments from area K) N (approx. 66 ft 19:01 60.8 from area M) Spruce House W (239 ft from area 19:05 60.3 60.3 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 ft from area 19:03 61.5 61.5 dB 411 W. Elkhorn F) 323 W. Elkhom c 19:04 55.8 55.8 dB 10 AMBIENT NOISE LEVELS* August 6, 2005 @ 1330 hours Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.to ft from rivers edge) 13:23 60.7 B 13:23 58.5 D 13:25 54.8 E 13:28 59.4 F (7.10 n from rivers edge) 13:28 68.3 G 13:29 70.3 H 13:32 57.2 I 13:32 58.4 J 13:33 70.1 K 13:34 63.1 M 13:35 63.6 O 13:39 53.0 P 13:41 47.3 Q 13:42 65.7 S (16.7 ft from rivers edge) 13:54 51.8 AVERAGE READ 60.7 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 13:42 51.8 56.3 dB 175 Spruce Dr. Q) T (25.6 ft from area 13:55 58.5 S) 14 ft from rivers edge U (53.6 ft from area 13:53 58.4 S) 11.9 ft from rivers edge V (109.11 ft from 13:53 56.6 area S) 13.8 ft from rivers edge Islander L (approx. 100 R 13:37 55.2 56.9 dB Apartments from area K) N (approx. 66 ft 13:37 58.6 from area M) Spruce House W (239 ft from area 13:46 60.5 60.5 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 ft from area 13:48 56.5 56.5 dB 411 W. Elkhom F) 323 W. Elkhorn C 13:24 52.6 52.6 Db *pre-show music 11 . Russian Children sina Christian Songs (vocals) August 6, 2005 @ 1400 hours Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 14:01 63.7 B 14:02 53.8 D 14:05 76.1 E 14:06 59.6 F (7.10 ft from rivers edge) 14:06 68.6 14:07 76.0 14:08 63.5 14:08 60.9 14:09 74.9 14:10 56.6 14:10 58.8 14:17 59.0 14:19 66.1 14:20 68.7 S (16.7 ft from rivers edge) 14:23 58.6 AVERAGE READ 68.3 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 14:20 57.6 57.7 dB 175 Spruce Dr. O) T (25.6 ft from area 14:24 59.1 S) 14 ft from rivers edge U (53.6 ft from area 14:23 59.0 S) 11.9 ft from rivers edge V (109.11 ft from 14:25 55.0 area S) 13.8 ft from rivers edge Islander L (approx. 100 R 14:12 54.7 56.7 dB Apartments from area K) N (approx. 66 ft 14:12 58.6 from area M) Spruce House W (239 ft from area 14:28 58.5 58.5 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 ft from area 14:15 56.6 56.6 dB 411 W. Elkhom F) 323 W. Elkhorn C 14:02 50.5 50.5 dB 12 0-00=xc--ZO AMBEINT NOISE LEVELS* August 6, 2005 @ 1830 hours Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 18:37 57.6 B 18:37 58.2 D 18:38 57.4 E 18:38 55.0 F (7.10 ft from rivers edge) 18:39 69.2 18:39 63.1 18:41 65.8 18:41 65.8 18:41 64.4 18:41 55.8 18:42 62.7 18:42 55.8 18:44 61.0 18:45 59.2 S (16.7 ft from rivers edge) 18:35 57.1 AVERAGE READ 60.5 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 18:35 50.8 55.9 dB 175 Spruce Dr. Q) T (25.6 ft from area 18:35 58.6 S) 14 ft from rivers edge U (53.6 ft from area 18:36 58.1 S) 11.9 ft from rivers edge V (109.11 ft from 18:36 56.2 area S) 13.8 R from rivers edge Islander L (approx. 100 ft 18:32 55.1 55.0 dB Apartments from area K) N (approx. 66 ft 18:32 54.8 from area M) Spruce House W (239 ft from area 18:30 55.5 55.5 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 ft from area 18:31 57.3 57.3 dB 411 W. Elkhom F) 323 W. Elkhorn c 18:30 50.2 50.2 dB *sound checks 13 O-0 0 21 /(c--ZG) Brad and Kathv Fitch (Vocals, acoustic guitar, harmonica) August 6, 2005 @ 1900 hours Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 19:09 60.1 B 19:10 57.1 D 19:10 69.4 E 19:11 68.2 F (7.10 R from rivers edge) 19:12 69.3 19:12 64.0 19:12 66.1 19:13 66.4 19:13 65.8 19:14 65.2 19:14 71.6 19:15 78.4 19:15 65.7 19:15 67.2 S (16.7 ft from rivers edge) 19:18 65.7 AVERAGE READ 66.7 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 19:07 54.3 57.9 dB 175 Spruce Dr. Q) T (25.6 ft from area 19:08 59.1 S) 14 ft from rivers edge U (53.6 ft from area 19:09 59.8 S) 11.9 R from rivers edge V (109.11 n from 19:09 58.5 area S) 13.8 ft from rivers edge Islander L (approx. 100 ft 19:04 68.0 67.5 dB Apartments from area K) N (approx. 66 ft 19:04 67.0 from area M) Spruce House W (239 ft from area 19:00 56.1 56.1 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 R from area 19:03 53.8 55.8 dB 411 W. Elkhorn 19 323 W. Elkhom C 19:02 48.3 48.3 dB 14 0,0= 7, c.-=G) AMBIENT NOISE LEVELS August 7,2005 Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 17:09 57.7 B 17:09 52.4 D 17:11 56.5 E 17:16 57.6 F (7.10 ft from rivers edge) 17:17 68.4 G 17:17 53.9 H 17:19 62.6 I 17:19 59.6 J 17:19 54.2 K 17:20 59.5 M 17:20 58.0 O 17:20 58.5 P 17:21 47.7 Q 17:21 47.0 S (16.7 ft from rivers edge) 17:08 57.6 AVERAGE READ 56.7 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 17:07 49.1 56.2 dB 175 Spruce Dr. Q) T (25.6 ft from area 17:07 58.1 S) 14 ft from rivers edge U (53.6 ft from area 17:08 58.6 S) 11.9 ft from rivers edge V (109.11 ft from 17:08 58.9 area S) 13.8 R from rivers edge Islander L (approx. 100 ft 17:04 54.6 55.0 dB Apartments from area K) N (approx. 66 ft 17:04 55.3 from area M) Spruce House W (239 ft from area 17:00 55.4 55.4 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 ft from area 17:02 49.5 49.5 dB 411 W. Elkhorn F) 323 W. Elkhorn C 17:01 51.9 51.9 dB 15 .. Dick Orleans Open Mic Night (Vocals, banjo, violin, bass, guitar) August 7, 2005 @ 1730 hours Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 17:41 62.2 B 17:42 57.2 D 17:43 65.0 E 17:44 60.2 F (7.10 ft from rivers edge) 17:44 68.5 G 17:45 64.7 H 17:45 61.1 1 17:46 62.6 J 17:47 61.6 K 17:48 58.7 M 17:48 63.6 0 17:49 69.9 P 17:50 59.7 Q 17:52 61.9 S (16.7 ft from rivers edge) 17:39 62.3 AVERAGE READ 62.6 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 17:39 58.2 59.6 dB 175 Spruce Dr. Q) T (25.6 ft from area 17:41 59.3 S) 14 ft from rivers edge U (53.6 ft from area 17:41 60.5 S) 11.9 ft from rivers edge V (109.11 ft from 17:41 60.5 area S) 13.8 ft from rivers edge Islander L (approx. 100 R 17:36 57.6 57.8 dB Apartments from area K) N (approx. 66 ft 17:36 57.9 from area M) Spruce House W (239 ft from area 17:33 55.9 55.9 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 n from area 17:35 52.2 52.2 dB 411 W. Elkhorn F) 323 W. Elkhom c 17:34 50.6 50.6 dB 16 Ambient Noise Levels* August 10, 2005 Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 18:39 58.4 B 18:39 54.4 D 18:40 50.6 E 18:42 56.9 F (7.10 ft from rivers edge) 18:43 69.4 G 18:43 54.8 H 18:44 58.8 I 18:44 59.4 J 18:45 52.3 K 18:45 54.8 M 18:46 52.6 0 18:46 51.7 P 18:47 46.7 Q 18:48 47.8 S (16.7 ft from rivers edge) 18:36 58.8 AVERAGE READ 55.2 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 R from area 18:36 49.5 56.0 dB 175 Spruce Dr. Q) T (25.6 ft from area 18:37 60.0 S) 14 ft from rivers edge U (53.6 ft from area 18:37 57.9 S) 11.9 ft from rivers edge V (109.11 ft from 18:37 56.5 area S) 13.8 ft from rivers edge Islander L (approx. 100 ft 18:33 60.4 57.6 dB Apartments from area K) N (approx. 66 ft 18:33 54.8 from area M) Spruce House W (239 R from area 18:30 55.0 55.0 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 R from area 18:31 49.9 49.9 dB 411 W. Elkhorn F) 323 W. Elkhom C 18:30 51.9 51.9 de *barking dog in area L 17 Bonnie Lowdermilk-Jazz (vocals, bass, keyboard) August 10, 2005 @ 1900 hours Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 19:18 66.7 B 19:18 58.3 D 19:19 68.8 E 19:24 62.1 F (7.10 ft from rivers edge) 19:26 70.4 G 19:26 65.8 H 19:25 66.0 I 19:25 65.3 J 19:22 69.2 K 19:24 64.2 M 19:27 70.7 0 19:27 73.8 P 19:28 63.2 Q 19:28 65.3 S (16.7 ft from rivers edge) 19:15 61.5 AVERAGE READ 66.1 de Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 R from area 19:13 54.4 58.5 dB 175 Spruce Dr. Q) T (25.6 ft from area 19:15 61.7 S) 14 ft from rivers edge U (53.6 R from area 19:15 59.2 S) 11.9 ft from rivers edge V (109.11 n from 19:15 58.8 area S) 13.8 ft from rivers edge Islander L (approx. 100 ft 19:11 59.5 58.8 dB Apartments from area K) N (approx. 66 ft 19:11 58.1 from area M) Spruce House W (239 ft from area 19:07 57.6 57.6 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 ft from area 19:09 51.7 51.7 dB 411 W. Elkhorn F) 323 W. Elkhorn c 19:07 53.5 53.5 dB 18 Ambient Noise Levels* August 11, 2005 Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 18:47 59.0 B 18:51 55.8 D 18:40 56.3 E 18:49 60.1 F (7.10 ft from rivers edge) 18:35 68.5 G 18:39 56.2 H 18:50 59.4 I 18:35 58.3 J 18:39 52.9 K 18:35 54.1 M 18:36 52.5 0 18:37 54.1 P 18:41 49.1 Q 18:41 50.5 S (16.7 ft from rivers edge) 18:43 57 J AVERAGE READ 56.3 dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 18:42 49.5 55.48 dB 175 Spruce Dr. Q) T (25.6 R from area 18:46 57.5 S) 14 ft from rivers edge U (53.6 ft from area 18:46 57.9 S) 11.9 ft from rivers edge V (109.11 ft from 18:46 57.0 area S) 13.8 ft from rivers edge Islander L (approx. 100 ft 18:32 54.8 57.5 dB Apartments from area K) N (approx. 66 ft 18:33 60.2 from area M) Spruce House W (239 ft from area 18:30 56.2 56.2 dB 125 Spruce Dr. m Big Horn Deli X (148.1 ft from area 18:32 51.8 51.8 db 411 W. Elkhom F) 323 W. Elkhom C 18:31 51.7 51.7 dB *sound checks 19 Groove Societv (A Cappella Concert) August 11, 2005 @ 1900 Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 19:20 71.2 B 19:06 56.1 D 19:18 73.4 E 19:27 71.6 F (7. to R from rivers edge) 19:11 71.8 19:28 78.6 19:28 73.0 19:12 62.7 19:17 68.9 19:13 70.5 19:14 62.4 19:16 73.2 19:29 79.0 19:30 64.5 S (16.7 R from rivers edge) 19:18 75.6 AVERAGE READ 70.2dB Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READING Silver Moon Inn R (23.1 ft from area 19:20 68.8 65.9 dB 175 Spruce Dr. Q) T (25.6 ft from area 19:21 68.7 S) 14 ft from rivers edge U (53.6 ft from area 19:21 66.3 S) 11.9 ft from rivers edge V (109.11 ft from 19:26 60.0 area S) 13.8 ft from rivers edge Islander L (approx. 100 ft 19:08 58.9 59.3 dB Apartments from area K) N (approx. 66 ft 19:08 59.7 from area M) Spruce House W (239 R from area 19:04 56.7 56.7dB 125 Spruce Dr. B) Big Hom Deli X (148.1 ft from area 19:07 57.7 57.7dB 411 W. Elkhom n 323 W. Elkhorn c 19:05 57.2 57.2dB 20 0.0 0= AC--ZG) . Ambient Noise Levels* August 14, 2005 Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 14:38 58.3 B 14:38 54.2 D 14:39 67.3 E 14:39 56.0 F (7.10 ft from rivers edge) 14:39 67.9 14:41 59.3 14:40 60.3 14:41 62.1 14:41 60.8 14:42 56.7 14:43 55.4 14:43 50.6 14:44 54.5 14:44 53.8 S (16.7 ft from rivers edge) 14:35 61.1 AVERAGE READ 59.2 Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READ Silver Moon Inn R (23.1 ft from area 14:36 51.4 57.4 dB 175 Spruce Dr. T (25.6 it from area 14:37 59.7 Q) S) 14 ft from rivers edge U (53.6 ft from area 14:37 58.9 S) 11.9 ft from rivers edge V (109.11 ft from 14:37 59.5 area S) 13.8 ft from rivers edge Islander L (approx. 100 ft 14:34 57.5 57.6 dB Apartments from area K) N (approx. 66 ft 14:33 57 J from area M) Spruce House W (239 ft from area 14:30 55.4 55.4 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 ft from area 14:33 51.9 51.9 dB 411 W. Elkhorn F) 323 W. Elkhorn c 14:30 50.6 50.6 dB *Pre-show music and sound checks 21 O -0 0 EX Xc--ZG) Estes Park Jazz Band (brass and vocals) August 14, 2005 @ 1500 Property Boundary AREA OF READ TIME OF READ DECIBEL A (12.10 ft from rivers edge) 15:09 76.1 B 15:09 64.3 D 15:10 76.5 E 15:10 71.8 F (7.10 ft from rivers edge) 15:11 73.4 15:12 71.6 15:12 71.8 15:13 73.4 15:13 72.8 15:15 70.2 15:15 80.4 15:16 84.5 15:18 77J 15:19 71.1 S (16.7 ft from rivers edge) 15:06 76.1 AVERAGE READ 74.1 Outside Property Boundary OUTSIDE AREA OF TIME OF DECIBEL AVERAGE PROPERTY READ READ READ Silver Moon Inn R (23.1 ft from area 15:07 74.3 66.0 dB 175 Spruce Dr. a) T (25.6 ft from area 15:08 67.1 S) 14 ft from rivers edge U (53.6 ft from area 15:08 61.4 S) 11.9 ft from rivers edge V (109.11 ft from 15:08 61.1 area S) 13.8 ft from rivers edge Islander L (approx. 100 ft 15:04 70.5 69.8 dB from area K) Apartments N (approx. 66 ft 15:03 69.0 from area M) Spruce House W (239 ft from area 15:00 59.4 59.4 dB 125 Spruce Dr. B) Big Horn Deli X (148.1 R from area 15:03 64.3 64.3 dB 411 W. Elkhorn 8 323 W. Elkhorn C 15:00 55.0 55.0 dB 22 070XXAL-ZG) Noise Ordinance Enforcement Plan Title 8.04.080 In April 2004, the Town of Estes Park enacted an ordinance to specifically address the sources of noise and to protect residents from the intrusion of unreasonable noise that may interfere with the comfortable enjoyment of their life or property. Enforcement: â€¢ Noise sources or violations that are observed or reported to police will be checked to see ifthey apply under the ordinance. Only violations not exempted by the ordinance are subject to enforcement or citations. Ex: Emergency signaling devices, School sponsored events, Etc. (see municipal code for more exemptions). If any noise source is specifically exempt under the ordinance, or an activity is pennitted during listed days and times, officers cannot stop the activity or source of the noise. â€¢ To establish a noise violation, officers must be able to hear the noise at its source as it is happening from the specified distances. (See Municipal code) â€¢ Officers may need to contact persons reporting the violation to get more information or to actually hear the noise from the complainant's location and get a better perspective of the alleged violation. If the noise has stopped before officers arrive, no direct action can be taken at that time. Officers will only remain at a location for a reasonable amount of time to wait for a noise to reoccur. â€¢ First time violators will be contacted by a police officer and receive a written warning if it is discovered that they are in violation of this code. Officers will complete the warning with all pertinent contact information and decibel readings as well as locations that the readings were taken by the sound level meter (SLM). Warnings are tracked by the communications computer database. Tracking is necessary to establish a basis for any future enforcement action or citations. â€¢ Following a warning, a noise source exceeding the levels or hours prescribed in the ordinance is subject to citation. As necessary, alleged violations of the ordinance will be measured by officers using a calibrated Sound Level Meter (SLM), set to an A-weighting. Citations issued will be assessed and processed through the Municipal Court. â€¢ All noise violations will be given a disposition of "Noise" and in the instances of written warnings and citations a case number will be pulled. This will allow us to obtain accurate tracking through the police department's CAD system. â€¢ Occasionally, officers will check some noise sources exempted under the ordinance as a courtesy and contact people creating the noise to see if an accommodation or reduction of the noise can be made. â€¢ All officers are required to read and familiarize themselves with Titles 8.04.080- 8.04.086 ofthe Estes Park Municipal Code. 23 .. Colorado Revised Statutes 25-12-103. Maximum permissible noise levels. (1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty- five feet or more there from 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 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) (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 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 nuisance when such noises are at a sound level of five db (A) less than those listed in subsection (1) of this section. (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 control. (5) Construction projects shall be subject to the maximum permissible noise levels specified 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 is imposed, for a reasonable period of time for completion ofproject. (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. (7) 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 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 measurement is not more than five miles per hour. 24 (9) In all sound level measurements, consideration shall be given to the 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 measurement. (10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine-made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. (12) (a) Notwithstanding subsection (1) ofthis section, the public utilities commission may determine, while reviewing utility applications for certificates of public convenience and necessity for electric transmission facilities, whether projected noise levels for electric transmission facilities are reasonable. Such determination shall take into account concerns raised by participants in the commission proceeding and the alternatives available to a utility to meet the need for electric transmission facilities. When applying, the utility shall provide notice of its application to all municipalities and counties where the proposed electric transmission facilities will be located. The public utilities commission shall afford the public an opportunity to participate in all proceedings in which permissible noise levels are established according to the "Public Utilities Law", articles 1 to 7 oftitle 40, C.R.S. (b) Because of the statewide need for reliable electric service and the public benefit provided by electric transmission facilities, notwithstanding any other provision of law, no municipality or county may adopt an ordinance or resolution setting noise standards for electric transmission facilities that are more restrictive than this subsection (12). The owner or operator of an electric transmission facility shall not be liable in a civil action based upon noise emitted by electric transmission facilities that comply with this subsection (12). (c) For the purposes of this section: (I) "Electric transmission facility" means a power line or other facility that transmits electrical current and operates at a voltage level greater than or equal to 44 kilovolts. (ID "Rights-of-way for electric transmission facilities" means all property rights and interests obtained by the owner or operator of an electric transmission facility for the purpose of constructing, maintaining, or operating the electric transmission facility. 25 Noise Ordinance Revision Proposal Title 8.04.080 EPPD requests to revise the current sound level time periods to change form the current 7a.m - 8 p.m. to 7 a.m. - 7 p.m. The request to change the Municipal code is to remain consistent with Colorado Revised Statutes, see below charts: Colorado Revised Statutes Zone 0700-1900 1900-0700 Residential 55 db 50 db Commercial 60 db 55 db Light Industrial 70 db 65 db Industrial 80 db 75 db Estes Park Municipal Code Zoning District, Maximum Noise db(A) Areas Zoned Sound Level 0700-2000 2000-0700 Rural Estate (RE-1) 55 50 Rural Estate (RE) 55 50 Estate: 1 acre (E-1) 55 50 1 Estate: .5 acre (E) 55 50 Residential (R) 55 50 Residential (R-1) 55 50 Two Family (R-2) 55 50 , Multi-Family (RM) 55 50 Accommodation (A) 55 50 Commercial Outlying (CO) 60 55 Commercial Downtown 60 55 (CD) Commercial Heavy (CID 60 55 Office (O) 60 55 Restricted Industrial (Il) 80 75 26 Colorado Town Comparisons Breckenridge Zone 700-2059 2100-0700 Residential 55 db (A) 50 db(A) Commercial 70 db(A) 65 db(A) All downtown area of Breckenridge is zoned commercial. The majority ofthe concerts are classical music. Dillon Zone 2300-0600 Residential 55 db(A) Commercial 65 db(A) Dillon hosts Saturday (summer) concerts for the public in a large amphitheatre. The concerts end at 2100. The noise ordinance restrictions begin at 2300. Steamboat Springs Zone 0700-2100 2100-0700 Residential 55 dbOA) 55 db(A) Commercial 60 db(A) 55 db(A) Light Industrial 70 db(A) 65 db(A) Industrial 80 db(A) 75 db(A) Agriculture/Recreational 55 db(A) 55 db(A) Loveland Zone 0700-2100 2100-0700 Residential 55 dKA) 50 db(A) Commercial 60 db (A) 55 db(A) Industrial 75 db(A) 70 db(A) Loveland has several outdoor concert venues. Some are in parks, while others are in the downtown area. All venues are on city property. The concerts rarely go past 2100, and do not exceed sound levels. Temporary exceptions to the municipal code may be granted by the City Manager if needed. La Junta Zone 0700-1900 1900-0700 Residential 55 db(A) 50 db(A) Business 60 db(A) 55 db(A) Industrial 75 db(A) 75 db(A) La Junta has two main events that could generate a noise complaint. The City celebrates Settler Days every year. Settler days are held downtown, in a non residential area. There is also a summer concert series that has been held for two years. This is held in a park in 27 Colorado Town Comparisons a residential area. The concerts are given a permit by the city council to exceed the noise ordinance. The concerts were scheduled from 1200-1530 last year. This year, the hours were 1200-2130. The concerts and Settler Days were well advertised, giving residents warning to possible loud music. Commerce City Zone 0700-2200 2200-0700 Residential 50 db(A) 50 dbodo Commercial C- 1, C-2 60 db(A) 55 db(A) Commercial C-3 65 db(A) 60 db(A) Industrial I-1 65 db(A) 60 dKA) Industrial I-2, I-3 75 db(A) 70 db(A) Lafayette Zone 0700-2200 2200-0700 Residential 55 db(A) 50 db(A) Commercial 60 db(A) 55 db(A) Light Industrial 75 db(A) 75 db(A) Lafayette has a summer concert series held in a local park. The park is located in a residential area. The concerts do not normally have any amplification. If a concert wanted to have any amplification, they would have to apply for a noise amplification permit and pay a $25.00 fee. If the concert is sponsored by the City, then no permit is needed for any sort of amplification. Golden Zone 0700-2200 2200-0700 RE, RM, RlA, R2, R3 55 db(A) 40 db(A) RC, Cl, C2 65 db(A) 60 db(A) AG, CO, Ml, M2 80 db(A) 75 db(A) RE - Residential Estate ' RM - Mobile Home RlA - Modified Residential R2 - Low Density Multiple Household R3 - Multiple Household RC - Limited Residential Commercial C1 - Limited Commercial C2 - General Commercial CO - Zoned Conservation AG - Zoned Agricultural Ml - Limited Industrial M2 - General Industrial 28 Colorado Town Comparisons Golden has two parks where concerts are held throughout the summer. One park is downtown in a business area, and the other is bordered by residential areas. Normally, there are no complaints about the noise from these concerts. The concerts are over by 2130. All the concerts are city sponsored. The City is in the process ofraising the acceptable noise levels. They found that the levels in the table above are too low. The new code will take effect very soon. Fort Collins Zone 0700-2000 2000-0700 RL, UE, RF, HMN, LMN, 55 db(A) 50 db(A) MMN, NCL, NCM, NCB, POL, RC, T D, DCA, DCC, RDR, CC, 60 db(A) 55 db(A) CCN, CCR, CN, NC, CL, HC E 70 db(A) 65 db(A) I 80 db(A) 75 db(A) RL - Low Density Residential UE - Urban Estate RF - Foothills Residential HMN - High Density Mixed-Use Neighborhood LMN - Low Density Mixed-Use Neighborhood MMN - Medium Density Mixed-Use Neighborhood NCL - Neighborhood Conservation Low Density NCM - Neighborhood Conservation Medium Density NCB - Neighborhood Conservation Buffer POL - Public Open Lands RC - River Conservation T - Transition DCC - Downtown Old City Center DCA - Downtown Canyon Avenue DCC - Downtown Civic Center RDR - River Downtown Redevelopment Commercial CC - Community Commercial CCN - Community Commercial North College CCR - Community Commercial River CN - Community North College NC - Neighborhood Commercial CL - Limited Commercial HC - Harmony Corridor E - Employment I - Industrial 29 Colorado Town Comparisons Fort Collins has several outdoor events during the spring and summer. The venues are located throughout the city, in various parks and in Old Town. When an individual applies for an events permit, the City has all neighbors and business sign the permit as well. This helps to ensure that neighbors are well advised about the potential for loud music. The City tells the event organizer that they can still receive a ticket for loud music if citizens complain. The City does not have the equipment to measure sound levels, and instead relies on the discretion of a police officer. The City generally does not allow any concerts to go past 2200. Large concerts, such as Praise in the Park, do not receive tickets. Durango Zone 0700-1900 1900-0700 Residential 55 dbOA) 50 db(A) Commercial 60 db(A) 55 db(A) Industrial 80 db(A) 75 db(A) Durango has an outdoor concert almost every weekend during the summer. These concerts are located in the downtown business district. Concerts must apply for a free noise ordinance waiver before they concert can happen. Generally, citizen only complain about the noise generated by a rodeo at the fairgrounds, which is bordered on one side by a residential area. Brighton In Brighton, there are no set decibel limits for a noise level violation. Instead, police determine a violation based upon how far from the property line a sound is plainly audible at. Plainly audible means that a person of normal hearing can understand spoken speech, comprehend what is causing a sound, comprehend what the source of the sound is, or comprehend a musical rhythm. The distance limits are as follows: Zone Distance from property line where sound is occurring Residential 100 feet Commercial 200 feet Industrial 400 feet In order to constitute a violation, a plainly audible noise must be heard for three minutes, essentially uninterrupted, or for at least five minutes in any ten minute period of time. There are relatively few concerts held in Brighton. The concerts are always over by 2200. They are heavily advertised to give residents plenty ofwarning and infonnation. The concerts are played in vacant lot in town, in a business area. The nearest residences are a few hundred feet away. Castle Rock In Castle Rock, it is illegal for any live band to perform anytime between the hours of 0000 and 0700 if the music can be heard at a residential property boundary. A sound level variance can be granted by the Town. Concerts are held in a public open space in the downtown area. There are no residences around. A private neighborhood 30 Colorado Town Comparisons subdivision puts on concerts at a park. This is in a residential area. There are few complaints because there is high neighborhood participation. Fort Morgan In Fort Morgan, it is illegal to have a concert without first obtaining special permission from the City Council. Special permission could include use ofthe City's portable stage and authorization to use sound amplification devices in any park. There are a few festivals in the city park that have live music. There is city approval for these festivals, so they are considered exempt from having any unreasonable noise. There has been one complaint from a citizen who lived about 1 block from the park where the festival was held. The music for these festivals is turned off at 2000. There is also heavy advertising to inform citizens of the possibility of loud music. Regarding other complaints of excessive noise, ifofficers can hear the music from more than 50 feet away, it is considered to be excessive. Louisville In Louisville, a special permit is needed to have any sort of live musical group perform in any area zoned residential rural, residential estate, residential low density, residential medium density or residential high density. The city sponsored concerts are generally held in one of two parks on Friday nights during the summer. One park is located in the downtown business area, and not around any houses. Generally, there are no complaints regarding noise levels from these concerts. The other park is surrounded on three sides by residential areas, and a church is located on the other side. There have been no complaints about loud music from this park either. The music must be over by 2200 in either of these locations. Lamar In Lamar, a noise violation is determined at the discretion of the responding officer. There are no decibel limits that must be exceeded to be in violation. A citizen must first complain, and then an officer will ask for voluntary compliance. If the violator fails to comply, then a citation would be issued. Lamar has a "concert in a park" series during the summer. This park is in a residential area. There are not very many complaints, due to very high citizen involvement. There are also street dances held throughout the summer. These dances are held in the downtown business areas. Again, there are very few complaints, and citizen participation is very high. Glenwood Springs In Glenwood Springs, there are outside concerts held in a park, on a stage. The park is located along I-70. It is a commercial area, with no residences located in the immediate vicinity. Generally, noise is considered too loud if it is plainly audible from 25 feet. However, events held in a municipal park are exempt from this regulation. 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C, 'Ck i , 0 ,/ k 1 1 \ 3,0- 'th .r % I B - 1 1 ! 46 -0------ 0.-:5.- 8 ,/ , ..0 14 W IOVE â€¢14 0-â„¢ L ~46 Og..0-4 â€¢4. -P..70*Â¥ .OU.WID N AN0 i 01â€žmi,In l' AT LOCATION* OleUâ€¢ POR 6-47174 -CrTACLE* FC ESTES VALLEY VICTIM ADVOCATES 6 month 2005 Report Agency Name Date Estes Valley Victim Advocates, Inc. July 30,2005 Address P.O. Box 1287, 851 Dry Gulch Road City State Zip Phone Estes Park CO 80517 577-9781 Executive Director Mary Mesropian Brief Program Description: Estes Valley Victim Advocates, Inc. provides advocacy to victims of domestic violence, sexual assault, staking, other crimes and trauma. Victim Advocates are available 24 hours a day, 7 days a week. An advocate can support victims through the itnmediate crisis, medical exams, law enfbrcement interviews and the court process. Advocates provide infonnation on victim's rights, the cycle of violence, victim's c zinsation, protection orders and the legal process as well as make referrals to safbhousing. The director coordinates the advocate program by recruiting training supervising, scheduling and evaluating victim advocates. A counselor is available to provide short-term (3-6 months) individual counseling and support groups to assist victims in recovering from the trauma of the incident Our weekly support group fbr battered women is well attended. Objectives: Law enforcement, Estes Park Medical Center or other refbrral sources page victim advocates and advocates then provide services at the most appropriate safb location. After the services are provided to the victim, the victim advocate submits a written report. Han arrest has been made, a report is sent to the District Attomey's Office to use in considering bail conditions. A Court Advocate will attend court with the victim if requested. There are three areas of advocate assessment: Safetv. Options and Stabilitv. These questions areonevery advocate case sheet and advocates must answer these questions on every call: Is victim(s) physically safe? (Not in immediate danger.) Victim knows options and rights and knows what to do next? Is the situation stabilized?This includes emotional stability as well as their ability to take care oftheir own and their children's immediate needs. All victims are offered individual counseling and support groups. Assessments are completed by program participants in the form ofvictim assessment needs questionnaires. This year our program has been focusing on removing the blame from the victim and helping them see it is not their fault. Ten out often people answered that they strongly disagreed with the statement "I feel like I am responsible fbr what happened to me." Another positive note was that 100% ofour clients 1 ..0,1/11'-1 .. responded thâ€¢t they would definitely contact us ifthey were ever in need ofour services again. The results ofthe survey were very positive and support the course that our program is fbllowing. We collaborate with Crossroads Safehouse, Alternatives to Violence and Larimer Center for Mental Health Sexual Assault Victim Advocates to keep our measurement tools appropriate and current. Innovative Actions: We continue our commitment to education and prevention of violence among our youth. The focus of our fifth grade girls' group is on education around dating safety, i.e., dating abuse, date rape, stalking bullying and harassment bystander intervention and violence prevention. 'Nice Girls Inc." has had such a great impact that we have been asked by Estes Park Middle School to also conduct a ~ grade girls group. Tlie Estes Park Director of Partners is assisting by co- 8cilitating the groups as many of her clients are in elementary and middle schools. Currently, we go into the schools to offer educational programs to both boys and girls but have no support group activities designed specifically for boys. It has been difficult to find a male co-facilitator who has the time to schedule this ongoing project. A "second stage" writing group witi begin in August fbr victims who have been out of a violent relationship for over a year, have recovered from a sexual assault or victimization of any crime and have progressed to a certain point in their healing process. This 6-week writing workshop will incorporate "free writing" (a fast style of writing to discover and uncover issues) and journal-keeping. This process of writing allows one to take a step back and see thoughts and feelings in away that cannot happen when they are part of a whirling kaleidoscope of mental activity. Ifthe workshop is a success it will be offered two to four times a year. In May we moved to anew location. This property has been lent to us at no charge beyond property upi[eep and paying utilities and insurance. The space will give clients a greater sense of confidentiality and privacy as well as more opportunities to offer both large and small support groups ibr survivors ofabuse, sexual assault, other crimes and/or trauma. There is also a confidential area where advocates can meet with victims and assist with creating safety plans and filting out protection order fbrms. Problems: In the past two years we have worked hard to outreach to Latino victims. We faced the fact that support groups and counseling were not the appropriate venue for this population of victims and looked towards a philosophy change from efforts concentrated on systems to efforts concentrating on partnerships. Consequently, outreach focused on locations where we could meet women and their children in arenas where they are comfortable: community garden site, churches, and medical community. However, in a crisis situation, Latino victims traditionally will seek support from their strong hn*-centered system and rarely will call the police in a domestic violence situation. Advocates were generally not notified unless there was police intervention. Even though there is a large and growing Latino population in Estes Park, we were not able to maintain a separate Spanigh speaking Outreach Program. We now ofibr our services to this community without maintaining a bilingual staffperson as we are not able to justify a coordinator's Ralary due to the few number of Latino victims served by our program. We have created a Memorandum of Understanding with Estes Valley Multicultural Connections to assist with translation when needed and are seeking Spanish-speaking advocates. We are also working with the Woman's Resource Center and CrOSSmads Safehous who have Spanish speaking staff: We advertise in both English and Spanish and have printed materials about town in Spanish. 2 - Future Objectives: We will continue our 24 hour/7 days per week victim advocacy services with the objective of continuing to have highly trained volunteer advocates delivering quality care, infbrmation and referrals to victimR as well as supportive services, i.e., individual counseling and support groups. Education to the community and in our schools on the issues ofdomestic violence, dating violence, sexual assault and date rape are our top priority. 3 ESTES VALLEY VICTIM ADVOCATES, INC. INCIDENT REPORT OVERVIEW JANUARY - JUNE 2005 INCIDENT FIRST CONT. PHONE TOTAL CONTACT CONTACT CONTACT CONTACTS Domestic 33 women 9 99 160 Abuse 16 children 3 men Sexual Assault 3 0 2 5 Death 9 2 1 12 Assault 3 2 0 5 Stalking 5 0 0 5 Counseling 31 36 89 156 10 275 285 SupportGroup Other - Crime 4 0 1 5 Other Non 1 0 0 1 Crime/Trauma Totals 118 324 192 634 Total Contacts: 634 Total Advocate hours: 325.0 Total Volunteer hours: 3143