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HomeMy WebLinkAboutORDINANCE 18-24ORDINANCE NO. 18-24 AN ORDINANCE AMENDING CHAPTER 8.06 OF THE ESTES PARK MUNICIPAL CODE REGARDING MAXIMUM PERMISSIBLE NOISE LEVELS 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 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 AS FOLLOWS: Section 1: Chapter 8.05 of the Estes Park Municipal Code is hereby amended, by adding underlined material and deleting stricken material, as set forth on Exhibit A. Section 2: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication by title. Editor's Note: On November 26, 2024, the Board of Trustees of the Town of Estes Park Colorado, denied Ordinance 18-24. Title 8 - Health, Sanitation and Nuisances Chapter 8.06 Noises Chapter 8.06 Noises 8.06.010 Definitions. The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Amplified outdoor sound means sound modified or amplified by the use of sound equipment on any premises not fully enclosed by permanent walls and a roof. Domestic power equipment means any power equipment rated five (5) horsepower or less used for home or building repair or grounds maintenance, including but not limited to lawn mowers, garden tools, snow blowers and chain saws. Muffler means an apparatus consisting of a series of chambers or baffle plates designated for the purpose of transmitting gases while reducing sound emanating from such apparatus. Sound equipment means a loudspeaker, public address system, amplification system, or other sound producing device. Unreasonable noise shall mean any excessive or unusually loud noise or sound with intensity or duration that disturbs the peace, health, comfort, repose or quiet of a reasonable person of normal sensitivities. Vehicle means any machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides to transport persons or property or pull machinery and includes, without limitation, automobile, airplane, truck, trailer, motorcycle, motor scooter, tractor, buggy and wagon. 8.06.020 Noise prohibited. a) 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 owned or possessed by such person or under such person's control. For purposes of this Section, Law Enforcement or Code Enforcement personnel are empowered to make a prima facie determination as to whether a noise is unreasonable. b) In determining whether noise is unreasonable, the following may be considered: 1) The time of day; 2) The size of any gathering of persons creating or contributing to the noise; 3) The presence or absence of sound equipment; and 4) Any other factors tending to show the magnitude and/or disruptive effect of the noise. c) With regard to vehicles, the determination of unreasonable noise, in addition to the previously stated factors shall include, but not be limited to: 1) The continuous or repeated sounding of any horn, alarm or signal device of a vehicle, except where an actual emergency or danger exists. For the purposes of this subsection, "continuous" shall mean continuing for an unnecessary or unreasonable period of time. EXHIBIT A 2) The operation of any vehicle in a manner which causes unreasonable noise as a result of unnecessary rapid acceleration, deceleration, revving the engine or tire squeal. d) A noise may be unreasonable and a violation of this section may occur in addition to a violation of section 8.06.025, below, or even if there is no violation of section 8.06.025. The two sections are independent and penalties for their violation shall be cumulative. 8.06.025 Maximum permissible noise levels. a) No person shall make, continue or cause to be made or continued any noise, and no person shall knowingly permit noise upon any premises owned or possessed by such person or under such person's control, in excess of the following volume limits, as measured in locations as described below, established for the following time periods and zoning districts: Zone 7:00 a.m. to 10:00 pm 10:00 p.m. to next 7:00 a.m. Residential RE, E-1, E, R, R-1, R-2, RM 60 dB(A) 55 dB(A) Commercial A, A-1, CO, CD, O 65 dB(A) 60 dBA) Industrial I-1, CH 80 dB(A) 75 dB(A) b) Noise shall be in violation of this section if it exceeds the above limits within or at the boundary of a property other than the property at which the noise originates, excluding public right-of-way. c) When noise travels between zones, the applicable volume limit is the one for the zone in which the noise originates. 8.06.030 Restrictions on amplified outdoor sound. It shall be unlawful for any person to make, cause to be made or to permit amplified outdoor sound upon any premises possessed or controlled by such person where such sound occurs between the hours of 10:00 p.m., through 10:00 a.m., of the next day except that on Friday and Saturday nights amplified outdoor sound is permitted until 11:00 p.m. Amplified outdoor sound is also subject to the prohibitions set forth in section 8.06.020 and 8.06.025. 8.06.040 Exceptions. The prohibitions set forth in this chapter Subsection 8.06.020(1) shall not apply to sound from: 1) Any bell or chime from any building, clock, school or church; 2) Any siren, whistle, or bell lawfully used by emergency vehicles or any other alarm system used in case of fire, collision, civil defense, police activity or other imminent danger; 3) Aircraft which are operated in accordance with federal laws or regulations; 4) Town authorized or sponsored events including, but not limited to, parades, fireworks displays, concerts, and events at Stanley Park, Bond Park, or Performance Park; 5) Any domestic power equipment, except as provided within this subsection, operated upon any residential, commercial, industrial or public place between 7:00 a.m. and 9:00 p.m.; 6) Any construction, maintenance, or repair activities between 7:00 a.m. and 9:00 p.m., or at other times as may be authorized under section 8.06.045; 7) Activities directly connected with the abatement of an emergency; 8)Noise from sSnow blowers, snow throwers and snow plows when operated with a muffler for the purpose of snow removal; 9)Noise generated from gGolf course maintenance equipment; 10) Waste pickup in the Downtown Commercial zoning district between 6 a.m and 10 p.m . 8.06.045 Nighttime construction noise in the right-of-way. The prohibitions set forth in sections 8.06.020 and 8.06.025 shall not apply to sound from any construction, maintenance, or repair activities at any time on public right-of-way, if the Town Engineer Board of Trustees specifically approves the sound occurring between 9:00 p.m. and 7:00 a.m., in which case the approval shall be noted on the permit issued under chapter 12.08 for the work in the right-of-way. In determining whether to approve such sound, the Town Engineer Board shall consider: 1) Whether the cumulative detrimental impacts to the public, including roadway users and adjacent property owners, would be lesser with nighttime construction or, if applicable, with delayed completion of daytime construction; and 2) Whether the nighttime work will comply, as required, with all the Town's restrictions on exterior lighting, including those applicable to new development under chapter 7.9 of the development code, as shown on a work zone illumination plan. The permittee must notify the Estes Park Police Department, and the owners and occupants of all properties located within one thousand (1,000) feet of the work occurring between 9:00 p.m. and 7:00 a.m., of the activities and associated sound. Notice shall be given in the manner identified in the permit, which may include written notice and attempting personal contact at the properties. Notice must be given at least forty-eight (48) hours prior to the commencement of the work, and the Town Engineer's approval of the sound shall not be effective until forty-eight (48) hours after all such notice is given or attempted as specified. 8.06.050 Exhaust, mufflers. No person shall discharge the exhaust of any steam engine, internal combustion engine, air compressor equipment, motor boat, or other power device which is not equipped with a properly maintained exhaust system with a muffler or a spark arrestor. It is unlawful for any person to operate a muffler or exhaust using a cutout, bypass or other similar device. 8.06.060 Violation. A violation of this chapter shall be punishable under the general penalty of chapter 1.20. The municipal court shall establish a schedule of escalating fines for successive violations.