HomeMy WebLinkAbout1974 Ordinance No. 024' •
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INT RO DUCED AS A BILL BY COUNCILMAN ANDERSON
BY A'ff .!)ORITY
ORDINANCE NO. , SERIES OF 1974
0 DI ANGE AMENDING TITLE VI, (HEALTH AND SANITATION)
OF THE 1969 E .M.C., BY ADDING A NEW CHAPTER THERETO, TO
B ~ NUMBERED CHAPTER 8, ENTITLED 'NOISE CONTROL'.
NO W, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF E NGLE\.X>OD, COLORADO, as follows:
Section 1.
Th at Title VI of the 1969 E.M.C. is hereby amended
b y adding a new chapter thereto to be numbered Chapter 8,
e nt i t l ed "Noise Control", which Chapter reads as follows:
SE CTI N
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CHAPTER 8
NOISE CONTROL
SUBJECT
Declaration of Policy
T rritorial Limits
Definition and Standards
Gene ral Prohibition
Specific Prohibitions
Quie t Zones
City Related Activities
Maximum Permissible Continuous Sound Pressure
Levels
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SE CT ON SUBJECT
6 -8 -9 Dis tr i ct Boundaries
6 -8 -0 Nois es Permitted -Emergencies
6-8 -1 Undue Hardshi p
6 -8 -1 2 Public Events
6 --13 Me t h od of Enforcement -Violation -Penalty
6 -8 -14 Manner of Enforcement
6 -8 -5 Ad ditional Remedy -Injunction
6 -8 -16 Se parability
6 -8-1 DECLARATION OF POLICY
I t i s found and declared that:
(a ) Th e ma k ing and creation of excessive, unnecessary
o unus ua lly l oud noises within the limits of the City of
E l wo od i s a condition which has existed for some time
n t he e x t e nt and voltnne of such noises is increasingi
(b) The making, creation or maintenance of such
exc ss i ve , unnecessary, unnatural or unusually loud noises
hich a re p ro l onged, unusual and unnatural in their time,
pl a ce a nd u s e affe ct and are a detriment to public health,
c mf o rt , c o n ven i e nce, safety, welfare, and prosperity of
t h re s ide n t s of the Ci ty of Englewood; and
(c) The necessit y in the public interest for the pro-
vi ion s and p rohibitions hereinafter contained and enacted,
is de c l ared as a matter of le gfslative determination and
'ublic poli cy, and it is further declared that the provisions
a n d p r ohibi tions hereinafte r contained and enacted, are in
u r su ance o f and for the purpose of securing and promoting
the publi c health, 'comfo rt, convenience, safety, welfare
a n d po sperity and the peace and quiet of the City of Englewood
and i ts inh abitants .
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6--2 TE RRITORIAL LIMITS
)'hi s ordinance s hall apply to all property, both
pu lie and private, located within the corporate limits of the
City o f En g lewood, Colorado.
6-8 -3 DEFINI TION AND STANDARDS
All technical terminology used i n this ordinance,
unless the context otherwise requires, shall be defined in
acc ordanc e with the American National Standards Institute
(ANS I) Publication Sl.1-1960, Revised 1971, or successor
public ations o f ANSI, or its successor bodies.
Fo r the purpose of this ordinance, certain words
and phra ses use d herein are defined as follows:
(a) "A" WEIGH TE D SOUND PRESSURE LEVEL -The sound
ressure level as measure d with a sound level meter using the
"A" we ighting ne twork. The standard unit notation is dB(A).
(b) AMBIENT NOISE LEVEL -The sound pressure level
of the all encompassing noise associated with a given environ-
m nt, be ing us ua lly a composite of sounds from many sources.
Th -weighted sound pressure level exceeded 90 percent of
e time b ase d on a one-hour period.
(c ) BUSINE SS DI STRICTS(S) -Shal l mean any dis-
trict z oned a s B-1, B-2, and B-3 as defined in the Englewood
Comp r e hensive Zoning Ordinance No. 26, Series of 1963, as
am nd d .
(d) CONSTRUCTION ACTIVITIES -Any and all activi t y
· cid n tal t o the erec t ion, demolition, assembling, altering,
inst alling o r equipping of buildings, structures, roads or
a purtenances thereof, including land clearing, grading,
xc avating and filling.
(e) CONTINUOUS NOISE -A steady, fluctuating, or
impact noi s e which exist s , essentially without interruption,
for a perio d of one hour, or more.
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(f) CYCLICALLY VARYING NOISE -Steady, fluctuating
or i mpulsive noise which may or may not contain a pure tone,
hich v ar~es in sound pressure level such that the same level
is o bt ained repetitively at reasonably uniform intervals of
t ime .
(g ) DEVICE -Any mechanism which is intended to,
or which act:Ually, produces audible sound when operated or
handled .
(h ) DISTURBANCE -Any sound which annoys, disturbs,
o r pe rtur bs reasonable persons with normal sensitiveness; or
hi c h ·njur s or endangers the comfort, repose, health, hearing
pea e or s a f ety of other persons.
(i ) DYNAMIC BRAKING DEVICE -A device used, primarily
on t rucks , to convert the motor from an internal combustion
en ine to an air compressor for the purpose of vehicle braking.
(j ) EME RGENCY WORK OR VEHICLE -Work made necessary
o e s o re pro perty to a safe condition following a public
c a am ity , work required to protect persons or property from
a ·nnn ·nent expos ure to danger. A motor vehicle used in
r sp se t o a pu b l ic ca l amity or to protect persons or
p ro p r y f r om a n imminent exposure to danger.
(k ) FLUCTUAT I NG NOISE -The sound pressure level
f a f l uctuat i ng noise varies more than 6 dB(A) during the
r iod of obse rvation when measured with the slow meter
ch r cteris t i c o f a sound level meter, and does ·not equal
h p r e v iously ex isting ambient noise level more than once
ur i n g t h e perio d of observation.
(1) IMPULSIVE NOISE -A noise containing excursions
u l y les s than one second, of sound pressure level 20 dB(A)
r h amb ient sound press ure leve l , u s ing the "fast" mete r
char ac t ristic.
(m) INDUSTRIAL DISTRICT(S) -Shall mean any district
zo ned as I -1 , I -2 or I-3 as defined in the Englewood Com-
prehensive Zo n ing Ordinance No. 26, Series of 1963, as amended .
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(n )
pr sur e level
th l e v el .that
L 0·
LE VEL, TENTH PERCENTILE -The A-weighted sound
that is exceeded ten percent of the time, or
is exceeded 6 minutes in one hour, is denoted
(o ) LEVEL, NINETIETH PERCENTILE -The A-weighted
sound p r ess ure level that is exceeded ninety percent of the
t ime , or the level that is exceeded for 54 minutes in one
h o ur, i s denoted Lgo.
(p ) MOTOR VEHICLE -Any vehicle such as, but not
l'mi ted to , a passenger vehicle, truck, truck-trailer, trailer
o s emi -trai l er, propelled or drawn by mechanical power, and
h 1 include motorcycles, snowmobiles, mini-bikes, go-carts
a n d n y othe r vehicle which is self-propelled.
(q) MUFFLER -Any apparatus consisting of baffles,
m rs , or ac oustical absorbing material whose primary pur-
os is to tra nsmit liquids or gases while causing a reduction
in sound emission at one end. To qualify, such an apparatus
m s cause a r eduction in sound pressure level of at least
(A) u p n i n s ertion into the system for which it is intended.
(r) NOI SE -Any sound which is unwanted or which
au e s or tends to cause an adverse psychological or physio-
1 c 1 e f fec t on h uman beings.
(s) PE RSON -Any individual, firm, or corporation
or ro up o f pe o p le.
(t) PLA INLY AUD I BLE -Plainly audible shall me an
that he information content of sound is unambiguously trans-
fe rr d to the a ud itor, such as, but not limited to, under-
t ndi ng of spoken speech, comprehension of rai sed or normal
voice , or com prehension of musical rhythms.
(u ) PROPERTY BOUNDARY -An imaginary line exterior
t o any e n cl osed structure, at the ground surface, which
s a ates the real property owned by one person from that owned
by another person, and its vertical extension .
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(v) PUBLIC RIGHT-OF-WAY -Any street, avenue,
bo u l vard, highway, alley or public space which is owned
or contrqlled by a public governmental entity.
(w) RESIDENTIAL DISTRICT(S) -Shall mean any
distric t zoned R-1-A, R-1-B, R-1-C, R-2-A, R-2-B, R-3-A,
R-3 -B, R-4, and P-D as defined in the Englewood Comprehensive
Zoning Ordinance No. 26, Series of 1963, as amended.
(x) SOUND AMPLIFYING EQUIPMENT -Any machine or
de vice used for the amplification of a human voice, music,
o r any other sound, or by which the human voice, music, or
a ny ther sound is amplified.
(y) SOUND LEVEL METER -An instrument or apparatus,
·ncluding a microphone, an amplifier, an output meter, and
we ight ing networks for the measurement of sound pressure.
The o utput meter reads sound pressure level when properly
c a librated, and the instrument is of type two or better, as
spe cified in the American National Standards Institute Pub-
icat ion Sl.4-1971, or successor publications.
(z) SOUND PRESSURE LEVEL -Sound pressure level
mean 20 times the logarithm to the base 10 of the
ra of the root mean square pressur~ of a sound to the
ref r nc pres sure, which is 20 X 10-Newtons per meter
s are d.
(aa) STATIONARY NOISE SOURCE -Any equipment or
fac ·l ity , fixed or movable, capable of emitting sound beyond
t h e property boundary of the property on which it is used.
(bb) STEADY NOISE -The sound pressure level of a
ste ady noise remains essentially constant during the period
-obs ervation, i.e., it does not vary more than 6 dB(A)
en me asured with the "slow" meter characteristic of a
sound level meter.
(cc) UNNECESSARY NOISE -Any excessive or unusually
oud sound or any sound which disturbs the peace and quiet of
any nei h b orhood or which does annoy, disturb, injure or en-
l l ng r h comfort, r pose, health, hearing, peace, or safety
f any person, or causes damage to property or business .
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--4 GENE RAL PROHIBITION
It shall be unlawful for any person (persons) to
a e , cont inue or cause to be made or continued any excessive,
c s sary or unusually loud noise or any noise which either
an o , disturbs, injures or endangers the comfort, repose,
he a lth, pe ace or safety of others within the limits of the
Ci y.
6 --5 SPE CI FIC PROHIBITIONS
The following acts are declared to cause unnecessary
i se s in violation of this Ordinance provided however that
the f o l l owing enumerations shall not be deemed to be exclusive:
(a) HORNS AND SIGNALLING DEVICES -The sounding of
a y horn or sig nalling device on any truck, automobile, motor-
~) l , eme rgency vehicle or other vehicle on any street or
ub ·c pl ace of the City except as a danger warning signal
r ovided in the vehicle code of the State of Colorado;
e c re ation of, by means of any such signalling device, a
so nd i n excess of 90 dB(A) at 50 feet from the front of the
v h·cle; the sounding of any such signalling device for any
unne s ry and unreasonable period of time, under the con-
~ tins then and there existing.
(b ) RADIOS, TELEVISION SETS, PHONOGRAPHS, AND
SIMILAR DEVICES -It shall be unlawful for
a y pers on to use, operate or permit to be played any radio
ce iv·n set , mus ical instrument, television, phonograph,
r n r th r machine or device for the production or reproduc-
tion of sound i n such a manner as to cause to be made or con-
tinued any unne cessary noise as heard without measurement or
a· e rd and measured in the manner described in Section 6-8-8
f th ·s Chapter . The operation of any such set, instrument ,
c l evis ·on , phonograph, machine or other device at any time
ch a manner as to be plainly audible at either the
perty line or plainly audible through a party wall with-
n a ui lding or plainly audible at 25 feet from such de-
vice whe n operated within a vehicle parked on a public right-
o f way, shall be prima facie evidence of a violation of this
s ec tion .
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(c ) COMMERCIAL LOUDSPEAKERS -Using or operating
a l oud speaker or sound amplifying equipment in a fixed or
mov able position or mounted upon any sound vehicle for the
purpose of commercial advertising, giving instructions,
di rections , talks, addresses, lectures, or transmitting mu s i c
to any persons or assemblages of persons in or upon any stre e t,
alley , sidewalk , park, place or public property without first
ob taining a permit therefor.
(d) LOADING OPERATIONS -The loading, unloading,
ope ning or otherwise handling boxes, crates, containers,
garbage c o ntainers 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,
unloadin g or handling boxes, crates, equipment or other
objec ts is conducted within a residential district nor within
300 fee t of any hotel or motel between the hours of 10:00
P .M. and 7:00 A.M.
(e) CONSTRUCTION WORK -The operating, or causing
to be u sed or operated any equipment used in construction
activities in any residential or connnercial district between
the ho urs of 9:00 P.M. of one day and 6:00 A.M. of the fol-
lowing day . Construction projects shall be subject to the
max imum permissible noise level specified for industrial
d istric ts for the periods within which construction is to
be c ompl eted pursuant to any applicable building permit.
(f ) MACHINERY, MOTORS, FANS, AIR CONDITIONERS
AND OTHER MECHANICAL EQUIPMENT -Operating
any mac hine r y , equipment, pump, fan, air conditioning apparatus
or simi l ar mechanical device within the City shall be subject
t o t he maximum permissible sound pressure level for the dis-
tric t i n which the source is located.
(g ) IX>MESTIC POWER EQUIPMENT -No person shall
ope rate o r permit to be operated on private property or bn
t e public wa y within any residential or cotmnercial district(s)
any powe r e quipment rated five horsepower or less and used for
home or building repair or grounds maintenance between the
hours of 10:00 P.M. of one day and 7:00 A.M. of the next day
or opera te or permit to be operated between the hours of
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7:00 A.M. and 10:00 P.M. any such power equipment which emits
a noise sound pressure level in excess of 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
powe r equipment used for home or building repair or grounds
maintenance. Noise sound pressure levels shall be measured
at a distance of 25 feet from the noise source.
(h) COMMERCIAL POWER EQUIPMENT -No person shall
oper at ~ on any property within a residential or commercial
dis trict(s) or on any public way within a residential or
comme rcial district(s) any power equipment rated more than
five horsepower, excluding construction equipment used for
const ruction activities, such as but not limited to chain
saws , pavement breakers, log chippers, riding tractors,
pow ered hand tools, between the hours of 10:00 P.M. of one
d ay and 7:00 A.M. of the next day or within residential,
comme rcial or industrial noise districts between the hours
of 7:00 A.M. and 10:00 P.M. which emits a noise level in
exc ess of 88 decibels, in the "A" weighting network dB(A).
Noise sound pressure levels shall be measured at a distance
of 25 feet from the noise source.
(i) VEHICIE REPAIRS AND TESTING -The repairing,
building, rebuilding, or testing of any truck, automobile,
mo torcycle, or other motor vehicle within the City shall be
sub jec t 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 pennit.
(k) DYNAMIC BRAKING DEVICES -No person shall
operate any motor vehicle with a dynamic braking device
engaged which is not properly muffled.
(1) DEFECT IN VEHICLE OR LOAD -The operating,
or causing or permitting to be operated or used, any truck,
automobi le, motorcycle, or other motor vehicle so out of
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repair, or so loaded in such a manner as to cause distur-
bance.
· (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
section shall apply to all pri.vate or public facilities,
including any animal pounds, which hold or treat animals.
6-8-6 QUIET ZONES
The creation of any unnecessary noise is prohibited
within the vicinity of any school, institution of learning,
church or court while the same are in use or session, which
unreasonably interferes with the workings of such institution,
or within the vicinity of any hospital, nursing home or home
for the aged, or which disturbs or unduly annoys patients in
the hospital or residents in the nursing home or home for the
aged, provided conspicuous signs are displayed in adjacent,
surrounding or contiguous streets indicating that the same
is a school, hospital, nursing home, home for the aged,
church or court.
6-8-7 CITY RELATED ACTIVITIES
Any written agreement, purchase order, or instrument
whereby the City is connnitted to the expenditure of funds in
return for work, labor, services, supplies, equipment, mater-
ials or any combination of the foregoing, shall not be entered
into unless such agreement, purchase order, or instrument con-
tains provisions requiring that any equipment or activities
which are subject to the provisions of this code will be
operated, constructed, conducted or manufactured without
causing violation of the code.
6-8-8 MAXIMUM PERMISSIBLE CONTINUOUS SOUND PRESSURE
LEVELS
The maximum permissible sound pressure levels at
the property line of any stationary, fluctuating, or continuous
source of sound shall be as herein provided. This includes,
but is not limited to, sound from such activities as production,
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proces sing, cleaning, servicing, testing, operating or repair
of e ither vehicles, materials, goods or products or devices.
Sound pre.ssure levels in excess of those established for the
use d istricts and times herewith listed shall constitute
prima facie evidence that such noise is a public nuisance.
Use Di strict
Res idential
Comme rcial
Indust rial
SOUND PRESSURE LEVEL LIMIT
dB(A)
7:00 A.M. -10:00 P.M.
(Day)
55
60
75
6-8-9 DISTRICT BOUNDARIES
10:00 P.M. -7:00 A.M.
(Night)
50
55
70
When a noise source can be identified and its noise
measured in more than one use district, the sound pressure level
limi ts of the most restrictive district shall apply.
The provisions of this section shall not apply to
motor vehicles operating on public rights of way; any bell
or chime or any device for the production or reproduction
of the sound of bells or chimes from any church, clock or
school ; the loading of any truck, domestic power equipment
except as provided in Section 6-8-5(g) and commercial power
qu·pme nt except as provided in Section 6-8-5(h).
6 --10 NOISES PERMITTED -EMERGENCIES
Noise created in the performance of emergency work
fo r the immediate safety, health, or welfare of the commu nity
r ind ividuals of the comnunity, or to restore property to
a safe condition following a public calamity shall not be
s ubjec t to the provisions of this ordinance. Nothing in
this section shall be construed to permit law enforcement,
ambul ance, fire or other emergency personnel to make excessive
noise in the performance of their duties when such noise is
learly unnecessary .
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6 -8 -11 UNDUE HARDSHIP
·Applications for a permit for specific periods
of time from relief from the provisions of this chapter on
the b asis of undue hardship, may be made to the City Manager
or hi s duly authorized representative. In granting such
r elie f, consideration shall be made of the time of day,
durati on, loudness relative to the required limits, whether
intermi ttent or continuous and the extensiveness of the
noise , and whether it is technically and economically pos-
sible to bring such noise in conformance with this chapter.
6 -8-12 PUBLIC EVENTS
Applications for a permit to hold a public event
which may violate the provisions of this ordinance shall be
made t o the City Manager or his duly authorized representative.
Such p ermit shall be valid only at the specific times and on
the spe cific dates noted in the permit .
6 -8 -13 MEnlOD OF ENFORCEMENT -VIOLATION -PENALTY
Any person or persons violating any of the pro-
visions of this chapter and upon conviction thereof shall
be fined in an amount not to exceed $300.00 or be imprisoned
for a pe riod not exceeding 90 days, or by both such fine
and im prisonment. Each day such violation is committed or
permi tted to continue or exist shall constitute a separate
offense and shall be punishable as such.
6-8-14 MANNER OF ENFORCEMENT
Violations of any of the provisions of this chapter
shall be prosecuted in the same manner as othe~ violations
of the City Code; provided,however, that in the event of
a violat i on of any of the provisions of this chapter, a
writte n notice of intention to prosecute may be given the
allege d violator not less than 5 calendar days prior to the
issuance of a S\DllDOns and complaint. No complaint shall be
issue d in the event the cause of the violation ls removed,
condi tion abated or fully corrected within said 5 day
period.
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6-8-15 ADDITIONAL REMEDY -INJUNCTION
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As an additional remedy, for the operation or
maintenance of any device, instrument, vehicle or machinery
in violation of any provision hereof, and which causes dis-
comfort or annoyance to reasonable persons of normal sensi-
tiveness, or which endangers the comfort, repose, health or
peace of residents in the area, shall be deemed, and is de-
clared to be a public nuisance and may be subject to abate-
ment sUI1111arily by a restraining order or injunction issued
by a court of competent jurisdiction.
6-8-16 SEPARABILITY
If any section, sub-section, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and in-
dependent provision and such holding shall not affect the
validity of the remaining portions hereof.
Introduced, read in full and passed on first reading
on the 3rd day of June, 1974.
Published as a Bill for an Ordinance on the 6th day
of June, 1974.
Read by title and passed on final reading on the
15th day of July, 1974.
Published by title as Ordinance No. ;;4 , Series
of 1974, on the 18th day of July, 1974.
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MAYOR I
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ATTEST:
ex officio City Clerk-Treasurer
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I, Karl Nollenberger, do hereby certify that the
abov a nd foregoing is a true, accurate and complete copy
of the Or~inance, passed_~p final reading and published by
title a s Ordinance No. ~, Series of 1974.
ex officio City Clerlt!~urer
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