HomeMy WebLinkAbout2016 Ordinance No. 024I
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ORDINANCE NO. 4 ,
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO. 22
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AMENDING TITLE 6, CHAPTER 2, SECTION 5, PARAGRAPH E,
CONSTRUCTION WORK, OF THE ENGLEWOOD MUNICIPAL CODE 2000.
WHEREAS, the City of Englewood ("City'') is a Home Rule Municipality organized and
existing under provisions of Colorado Constitution Article XX; and
WHEREAS, increased residential construction has led to an increase in complaints that such
activity is creating unnecessary noise between the hours of 6:00 A.M. to 9:00 P.M.; and
WHEREAS, in order to provide greater times of quiet enjoyment in residential areas the
Englewood City Council believes amending the current Code will positively impact the health,
safety and welfare of Englewood citizens .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado, hereby amends Title 6,
Chapter 2, Section 5, entitled Specific Prohibitions, Subsection E, of the Englewood Municipal
Code 2000, to read as follows:
6-2: NOISE CONTROL.
6-2-5: Specific Prohibitions.
The following acts are declared to cause unnecessary noises in violation of this Chapter;
provided, however, that the following enumerations shall not be deemed to be exclusive:
A. Horns and Signalling Devices. The sounding of any horn or signalling device on any truck,
automobile, motorcycle, emergency vehicle or other vehicle on any street or public place
of the City except as a danger warning signal as provided in the Vehicle Code of the State
of Colorado; the creation of, by means of any such signalling device, a sound in excess of
90 dB(A) at fifty feet (50') from the front of the vehicle; the sounding of any such
signalling device for any unnecessary and unreasonable period of time, under the
conditions then and there existing.
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B. Radios, Television Sets, Phonographs and Similar Devices. It shall be unlawful for any
person to use. operate or permit to be played any radio receiving set. musical instrument,
television. phonograph, drum or other machine or device for the production or
reproduction of sound in such a manner as to cause to be made or continued any
unnecessary noise as heard without measurement or as heard and measured in the manner
described in Section 6-2-8 of this Chapter. The operation of any such set. instrument,
television. phonograph, machine or other device at any time in such a manner as to be
plainly audible at either the property line or plainly audible through a party wall within a
building or plainly audible at twenty five feet (25') from such device when operated within
a vehicle parked on a public right-of-way, shall be prima facie evidence of a violation of
this Section.
C. Commercial Loudspeakers. Using or operating a loudspeaker or sound amplifying
equipment in a fixed or movable position or mounted upon any sound vehicle for the
purpose of commercial advertising, giving instructions, directions, talks, addresses.
lectures or transmitting music to any persons or assemblages of persons in or upon any
street, alley, sidewalk. park, place or public property without first obtaining a permit
therefor.
D. Loading Operations. The loading, unloading, opening or otherwise handling boxes, crates,
containers, garbage containers or other objects in such a manner as to cause a disturbance;
the loading of any garbage, trash or compactor truck, or any other truck, whereby the
loading, unloading or handling boxes. crates, equipment or other objects is conducted
within a residential district or within three hundred feet (300') of any hotel or motel
between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
E . Construction Work . The operating, or causing to be used or operated any equipment used
in construction activities in any residential or commercial district between the hours of
Btft8-~o'clock (9:00 1;,QQ) P.M. of one day and~~ o'clock(~ ~ A.M. of
the following day. Construction projects shall be subject to the maximum permissible noise
level specified for industrial districts for the periods within which construction is to be
completed pursuant to any applicable building permit.
F. Machinery, Motors, Fans, Air Conditioners and Other Mechanical Equipment. Operating
any machinery, equipment, pump, fan, air conditioning apparatus or similar mechanical
device within the City shall be subject to the maximum permissible sound pressure level
for the district in which the source is located.
G. Domestic Power Equipment. No person shall operate or permit to be operated on private
property or on the public way within any residential or commercial district(s) any power
equipment rated five horsepower or less and used for home or building repair or grounds
maintenance between the hours of ten o'clock (10:00) P .M. of one day and seven o'clock
(7:00) A.M. of the next day or operate or permit to be operated between the hours of seven
o'clock (7:00) A.M. and ten o'clock (10:00) P.M. any such power equipment which emits a
noise sound pressure level in excess of eighty (80) decibels in the A weighting network
dB(A). Such power equipment shall include, but not be limited to, lawn mowers, garden
tools, snow removal equipment, electric or chain saws or any other power equipment used
for home or building repair or grounds maintenance. Noise sound pressure levels shall be
measured at a distance of twenty five feet (25') from the noise source.
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H. Commercial Power Equipment. No person shall operate on any property within a
residential or commercial district(s) or on any public way within a residential or
commercial district(s) any power equipment rated more than five (5) horsepower,
excluding construction equipment used for construction activities, such as but not limited
to chain saws, pavement breakers, log chippers, riding tractors, powered hand tools,
between the hours of ten o'clock (10:00) P.M. of one day and seven o'clock (7:00) A.M. of
the next day or within residential, commercial or industrial noise districts between the
hours of seven o'clock (7:00) A.M. and ten o'clock (10:00) P.M. which emits a noise level
in excess of eighty eight (88) decibels, in the A weighting network d.B(A). Noise sound
pressure levels shall be measured at a distance of twenty five feet (25') from the noise
source.
I. Vehicle Repairs and Testing. The repairing, building, rebuilding or testing of any truck,
automobile, motorcycle or other motor vehicle within the City shall be subject to the
maximum permissible sound pressure level for the district in which the source is located.
J. Racing Events. Operating or permitting to be operated any motor vehicle racing event at
any place in such a manner as to cause disturbance, without first obtaining a permit.
K. Dynamic Braking Devices . No person shall operate any motor vehicle with a dynamic
braking device engaged which is not properly muffled.
L. Defect in Vehicle or Load. The operating, or causing or permitting to be operated or used,
any truck, automobile, motorcycle or other motor vehicle so out of repair, or so located in
such a manner as to cause disturbance .
M. Animals and Fowls. No person shall keep, have in his possession or harbor any animals
which, by frequent or habitual howling, barking, meowing, squawking or other noise, shall
cause disturbance. The provision of this subsection shall apply to all private or public
facilities, including any animal pounds, which hold or treat animals.
Section 2. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 4. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
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Section 5. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 6. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced, read in full, and passed on first reading on the 6111 day of June, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of
June, 2016.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
June, 2016 for thirty (30) days.
Read by title and passed on final reading on the 20th day of June, 2016.
Published by title in the City's official newspaper as Ordinance No. ?,J Series of 2016, on
the 23rd day of June, 2016. IZ1f '
Published by title on the City's official website beginning on the 22 nd day of
June, 2016 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is ~tr,e copy of the Ordinance passed on final reading and published by
title as Ordinance No.? Series of 2016. .>
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
June 20, 2016 9bii Construction Hours-2nd
reading
Initiated By: Staff Source:
Council Action Murphy Robinson, Assistant City Manager
PREVIOUS COUNCIL ACTION
Council requested that the Code Advisory Committee study the hours that commercial
developers and residential developers are allowed to do construction around residential
neighborhoods.
RECOMMENDED ACTION
City Staff through the Code Advisory Committee recommends that Council adopt a bill
for an ordinance, on second reading, amending Title 6, Chapter 2, Section 5, Sub
Section E of the Englewood Municipal Code. The changes would reflect non-permitted
hours for construction work from 7 p.rn. -7 a.m.
• BACKGROUND1 ANALYSIS, AND ALTERNATIVES IDENTIFIED
The council was asked to address construction hours, as the current hours caused
disturbances in residential neighborhoods. The Code Advisory Committee heard from
the public and made its recommendation reflecting what it believed to be best practices
for the industry and Englewood residents.
FINANCIAL IMPACT
This change has no financial impact to the City
LIST OF ATTACHMENTS
Bill for an ordinance
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
June 6 , 2016 11aii Construction Hours
Initiated By: Staff Source:
Council Action Murphy Robinson, Assistant City Manager
PREVIOUS COUNCIL ACTION
Council requested that the Code Advisory Committee study the hours that commercial
developers and residential developers are allowed to do construction around residential
neighborhoods.
RECOMMENDED ACTION
City Staff through the Code Advisory Committee recommends that Council adopt a bill
for an ordinance amending Title 6, Chapter 2, Section 5, Sub Section E of the
Englewood Municipal Code. The changes would reflect non-permitted hours for
construction work from 7 p.m. -7 a.m .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The council was asked to address construction hours, as the current hours caused
disturbances in residential neighborhoods. The Code Advisory Committee heard from
the public and made its recommendation reflecting what it believed to be best practices
for the industry and Englewood residents .
FINANCIAL IMPACT
This change has no financial impact to the City
LIST OF ATTACHMENTS
Bill for an ordinance