10.04.010 Adoption.

Pursuant to the authority vested to local authorities, including counties, by Part 4 of Article 15 of Title 30, and Part 1 of Article 4 of Title 42, C.R.S., as amended, to adopt ordinances to control and regulate the movement and parking of motor vehicles on public property and to adopt by reference all or any part of a model traffic code, there is hereby adopted by reference Articles I and II, inclusive, of the 2003 edition of the “Model Traffic Code” promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, CO  80222.  The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for Pueblo County.  The purpose of this Ordinance and the Code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and nation.  Three (3) copies of the Model Traffic Code adopted herein and the Fine Schedule found at Appendix 4-A are now filed in the offices of the Pueblo County Clerk, 215 W. 10th St., Second Floor, Pueblo, Colorado, and may be inspected during regular business hours. (Ord. 2009-21 § 1)

10.04.020 Deletions.

The 2003 edition of the Model Traffic Code is adopted as if set out at length save and except the following articles and/or sections which are declared to be inapplicable to this county and are therefore expressly deleted:

Misdemeanor traffic offenses contained in the Model Traffic Code are not included in this Ordinance. (Ord. 2009-21 § 2)

10.04.030 Additions or Modifications

The said adopted Code is subject to the following additions or modifications:

The provisions of C.R.S. § 42-2-127 (5.5), as amended, are applicable to penalty assessment notices issued by the County.  If a traffic offense is reduced, the points assessed for such reduced offense shall conform to the point assessment schedule under C.R.S. § 42-2-127 (5.5) (a) and (b), as amended.

The provisions of Sections 42-4-1701 and 42-4-1703, C.R.S., and sections 42-4-1708 to 42-4-1718, C.R.S., as amended, shall apply to this Ordinance and interpretation thereof. (Ord. 2009-21 § 3)

10.04.040 Penalty Assessment Procedure and Penalty Schedule.

The following penalties, herewith set forth in full, shall apply to this Ordinance: 

(a)  It is unlawful for any person to violate any of the provisions adopted in this Ordinance.

(b)  Any person who violates any of the provisions adopted in this Ordinance commits a traffic infraction, pursuant to section 30-15-402(1), C.R.S., as amended.  The penalty assessment procedure provided in section 16-2-201, C.R.S. shall be followed by the arresting officer for any such violation of this Ordinance.

(c)  Every person convicted of a violation of any provision adopted in this Ordinance shall be punished by a fine of not less than fifteen ($15) dollars or more than one thousand ($1000) dollars for each separate violation. 

(d)  The County hereby elects to have the provisions of section 42-2-127 (5.5)(a) and (b), C.R.S., apply to violations of this Ordinance.  If a violator receives a penalty assessment notice for a violation of this Ordinance, and such person pays the fine and surcharge for the violations on or before the date the payment is due, the points assessed for the violation are reduced as follows:

        (1)               for a violation having an assessment of three or more points, the points are reduced by two points;

         (2)               for a violation having an assessment of two points, the pointsare reduced by one point.

(e)  For its schedule of fines and penalties, Pueblo County incorporates by this reference, the schedule of fines and penalties set forth in section 42-4-1701, C.R.S. (as that section may be amended), as those fines and penalties correspond to the sections of the Model Traffic Code adopted by this Ordinance, for all cases wherein the alleged violator acknowledges guilt or liability, is found guilty by a court of competent jurisdiction, or has judgment entered against him/her.  If the penalty assessment procedure is not used, and the alleged offender is found guilty, court costs may be assessed in addition to the fine and penalties set forth in section 42-4-1701, C.R.S., and surcharges.  The Fine Schedule is set forth in full in Appendix 4-A to this Ordinance.

(f)  Surcharges:  In addition to the fines and penalties prescribed in this Ordinance, any person convicted of a violation of this Ordinance shall be subject to the statutory surcharge of ten dollars ($10.00) for the Victims and Witnesses Assistance and Law Enforcement Fund, and persons convicted of operating a vehicle in excess of the speed limit, are subject to a surcharge of ten dollars ($10.00) for the Colorado Traumatic Brain Injury Trust Fund.  These surcharges shall be paid to the clerk of the court by each person convicted of violating this Ordinance.  The clerk shall transmit the moneys to the respective funds in accordance with section 30-15-402 (2) and (3), C.R.S.

(g)  Unless otherwise provided by law, all fines and penalties, and the surcharge thereon, for the violation of this Ordinance shall be paid into the treasury of Pueblo County. (Ord. 2009-21 § 4)

10.04.050 Application.

This Ordinance shall apply to every street, alley, sidewalk area, driveway, park, and to every other public way or public place or public parking area, within the unincorporated area of Pueblo County, the use of which the County has jurisdiction and authority to regulate and the incorporated town limits of the Towns of Boone and Rye pursuant to resolutions duly adopted by the respective town councils. (Ord. 2009-21 § 5)

10.04.060 Validity.

If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.  The Board of County Commissioners hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts be declared invalid. (Ord. 2009-21 § 6)

10.04.070 Repeal.

Existing or parts of ordinances, including but not limited to Pueblo County Ordinance 10, codified at County Code Title 10 Vehicles and Traffic, Ordinance 2004-2, Resolution 98-95 (part), covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. (Ord. 2009-21 § 7)

10.04.080 Interpretation.

This Ordinance shall be so interpreted and construed as to effectuate its general purpose to conform with the State’s uniform system for the regulation of vehicles and traffic.  Article and section headings of the Ordinance and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. (Ord. 2009-21 § 8)

10.04.090 Certification.

The Pueblo County Clerk shall certify to the passage of this Ordinance and make not less than three copies of the adopted Code available for inspection by the public during regular business hours. (Ord. 2009-21 § 9)

10.04.100 Effective Date.

This Ordinance shall be effective thirty days after publication after adoption on second reading. (Ord. 2009-21 § 10)

10.06.010 Title.

This Ordinance shall be titled Pueblo County Noise Ordinance.

AN ORDINANCE PERTAINING TO THE REGULATION OF NOISE ON PUBLIC AND PRIVATE PROPERTY AND THE OPERATION OF

MOTOR VEHICLES WITHIN THE UNINCORPORATED AREAS OF PUEBLO COUNTY, COLORADO

(Ord. 2011-22 § 1)

10.06.020 Authorization.

C.R.S. § 30-15-401, et seq., enables counties to adopt ordinances for the control or licensing of those matters of purely local concern, and to do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease.

C.R.S. § 30-15-401 (1)(m) enables counties to enact ordinances which regulate noise on public and private property and, pursuant to C.R.S. § 25-12-107, counties may adopt resolutions or ordinances prohibiting the operation of motor vehicles within their respective jurisdictions that produce noise in excess of the sound levels in decibels, measured on the “A” Scale on a standard sound level meter having characteristics established by the American National Standard Institute, publication S1.4 – 1971, and measured at a distance of fifty feet from the center of the lane of travel and within the speed limits specified herein. (Ord. 2011-22 § 2)

10.06.030 Applicability.

This Ordinance shall apply in the unincorporated areas of Pueblo County. (Ord. 2011-22 § 3)

10.06.040 Definitions.

For the purposes of this Ordinance, the words and phrases shall have the meanings ascribed to them in this Section:

4.1 Decibel is a unit used to express the magnitude of a change in sound level. The difference in decibels between two (2) sound pressure levels is twenty (20) times the common logarithm of their ratio. In sound pressure measurements, sound levels are defined as twenty (20) times the common logarithm of the ratio of that sound pressure level to a reference level of 2 X 10-5 N/m2 (Newton's/meter squared). As an example of the effect of the formula, a three-decibel change is a one-hundred-percent increase or decrease in the sound level, and a ten-decibel change is a one thousand-percent increase or decrease in the sound level.

4.2 db(A) means sound levels in decibels measured on the "A" scale of a standard sound level meter having characteristics defined by the American National Standards Institute, publication S.4- 1970, and approved by the Industrial Commission of Colorado.

4.3 Residential zone means an area of single-family or multifamily dwellings where businesses may or may not be conducted in such dwellings. The zone includes areas where multiple unit dwellings, high-rise apartment districts, and redevelopment districts are located. A residential zone may include areas containing accommodations for transients such as motels and hotels and residential areas with limited office development, but it may not include retail shopping facilities. Residential zone includes hospitals, nursing homes and similar institutional facilities.

4.4 Commercial zone means:

a.  An area where offices, clinics and the facilities needed to serve them are located;

b.  An area with local shopping and service establishments located within walking distances of the residents served;

c.  A tourist-oriented area where hotels, motels and gasoline stations are located;

d.  A large integrated regional shopping center;

e.  A business strip along a main street containing offices, retail businesses and commercial enterprises;

f.   A central business district; or

g.  A commercially dominated area with multiple unit dwellings.

4.5 Light industrial and commercial zone means:

a.     An area containing clean and quiet research laboratories;

b.     An area containing light industrial activities which are clean and quiet;

c.     An area containing warehousing; or

d.    An area in which other activities are conducted where the general environment is free from concentrated industrial activity.

4.6 Industrial zone means an area in which noise restrictions on industry are necessary to protect the value of adjacent properties for other economic activity, but shall not include agricultural operations.

4.7 Motor vehicle sound system means any radio, tape player, CD player, amplifier, speakers or other electronic components located in or upon any motor vehicle and used or capable of being used for the production of sound. (Ord. 2011-22 § 4)

10.06.050 Noise.

The making and creating of an excessive or unusually loud noise, or a noise which is unreasonable and objectionable because it is impulsive, continuous, rhythmic, periodic or shrill within the unincorporated areas of Pueblo County as heard and measured in the manner prescribed by Section 6 is hereby declared to be a public nuisance and unlawful.  (Ord. 2011-22 § 5)            

10.06.060 Classification and Measurement of Noise.

For purposes of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this Ordinance, the following test measurements and requirements shall be applied.

6.1 Noise occurring within the jurisdiction of the unincorporated areas of Pueblo County 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 property other than the public right-of-way, at least twenty-five (25) feet from the property line of the property on which the noise source is located.

 6.2 The noise shall be measured on the "A" weighing scale on sound level meter of standard design and quality and having characteristics established by the American National Standards Institute.

6.3 For purposes of this Ordinance, 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 (5) miles per hour, or twenty-five (25) miles per hour with a wind screen.         

6.4 In all sound level measurements, consideration shall be given to the effect of the ambient noise of the environment from all sources at the time and place of such level measurement. (Ord. 2011-22 § 6)

10.06.070 Maximum Permissible Noise Levels.

7.1 Every activity to which this Ordinance 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 the property line at a distance of twenty-five (25) feet or more therefrom, in excess of the db(A) established for the time period and zones listed in this Section, shall constitute prima facie evidence that such noise is a public nuisance.

7.2  In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in Section 5 may be increased by ten (10) db(A) for a period not to exceed fifteen (15) minutes in any one-hour period.

7.3 Periodic, impulsive or shrill noises shall be considered a public nuisance when such noises are at a sound level of five (5) db(A) less than those listed in Section 7.1 of this Section.

7.4  This Section 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.

7.5 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, then for a reasonable period of time for completion of the project.

7.6  All railroad rights-of-way shall be considered as industrial zones for the purposes of this Section, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone.

7.7 This Section 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 or periods 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.

7.8 This Section is not applicable to six hundred (600) or more megawatt electric power generation facilities which are operated and maintained in compliance with the noise levels and standards set forth in the state noise regulations, currently codified as C.R.S. § 25-12-103 (as now or hereafter adopted). (Ord. 2011-22 § 7)

10.06.080 Motor Vehicle Noise Levels.

8.1 It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved, within the unincorporated areas of Pueblo County, any motor vehicle which emits a sound pressure level in excess of the db(A) established in Table I of this Section. Noise from a motor vehicle within the public right-of-way shall be measured at a distance at least twenty-five (25) feet from the near side of the nearest traffic lane being monitored and at a height of at least four (4) feet above the immediate surrounding surface on a sound level meter of standard design and quality and having characteristics established by the American National Standards Institute.

 8.2  Noise from a motor vehicle which is located other than within the public right-of-way shall be measured at a distance at least twenty-five (25) feet from said motor vehicle and at a height of at least four (4) feet above the immediate surrounding surface on a sound level meter of standard design and quality and having characteristics established by the American National Standards Institute.

8.4 Mufflers - Prevention of Noise: It shall be unlawful for any person to operate, or for the owner to cause or knowingly permit the operation of any vehicle, within the unincorporated areas of Pueblo County, which is not equipped with an adequate muffler and in constant operation and properly maintained to prevent any unnecessary noise, and no muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device. No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of such vehicle above that which is specified in Table I above.           (Ord. 2011-22 § 8)

10.06.090 Vehicle Sound Systems.

9.1 Notwithstanding any other provision in this Ordinance and in addition thereto, it shall be unlawful for any person to operate or use, or cause or suffer to be operated or used, any motor vehicle sound system in such a manner as to be plainly audible at a distance of twenty-five (25) feet from the motor vehicle, unless a permit therefor has first been obtained in accordance with Subsection 9.2 of this Section and is in effect. The driver of any vehicle upon which is located a motor vehicle sound system which is plainly audible at a distance of twenty-five (25) feet from the motor vehicle shall be presumed to be operating, using, or causing the operation of such motor vehicle sound system.

9.2 Any persons desiring to operate any motor vehicle sound system for either commercial or   noncommercial purposes in such a manner as to be plainly audible at a distance of twenty-five (25) feet from the motor vehicle shall first obtain a permit therefor from the Board of County Commissioners in accordance with this Subsection and the permit may authorize such use or operation of motor vehicle sound system between the hours of 7:00 a.m. and 10:00 p.m. for not more than three (3) days in any one (1) calendar year. In addition to the information required, the application for a permit shall provide the following information:

1. The name, address, and telephone number of the owner and user of the motor vehicle sound system;
2. The license number of the motor vehicle which is to be used and proof of motor vehicle insurance for such vehicle;
3. A general description of the sound amplifying equipment which is to be used;
4. A statement whether the use of the motor vehicle sound system will be used for commercial or noncommercial purposes; and
5. The date or dates, not exceeding three (3), during which the system is proposed to be operated.  (Ord. 2011-22 § 9)

10.06.100 Violations - Penalties.

10.1 Any person who violates any provision of this chapter shall be guilty of a Class 2 petty offense and, upon conviction, shall be punished by a fine of not more than three hundred dollars ($300.00), or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment for each separate offense.

10.2 The Board of County Commissioners of Pueblo County, Colorado, adopts the penalty assessment procedure set forth in C.R.S. § 16-2-201, as amended, and any Pueblo County Sheriff Deputy enforcing the provisions of this chapter may follow the penalty assessment procedure for any violation of this chapter constituting a Class 2 petty offense. The following shall be the schedule of fines imposed for violations of the provisions of this chapter constituting a Class 2 petty offense:

First offense, twenty-five dollars ($25.00);

Second offense, fifty dollars ($50.00);

Third offense, one hundred dollars ($100.00);

Fourth offense, two hundred dollars ($200.00); 

Five or more offenses, three hundred dollars ($300.00) each.

10.5 All fines and forfeitures connected with any violation of this chapter, and all monies collected by or on behalf of Pueblo County for licenses or otherwise shall be paid over to the Pueblo County Treasurer immediately upon the receipt thereof by the individual or entity receiving such monies. Upon receipt of such monies, the Pueblo County Treasurer shall deposit the same into the County General Fund. (Ord. 2011-22 § 10)

10.06.110 Enforcement Responsibility.

The Pueblo County Court shall have jurisdiction in prosecutions of violations of this chapter, and it is the duty of the Pueblo County Sheriff and Undersheriff and deputies to enforce the provisions of this chapter, as is provided for in C.R.S. § 30-15-410.  (Ord. 2011-22 § 11)

10.06.120 Exemptions.

The provisions of this Ordinance shall have no applicability to authorized emergency vehicles, as defined in the Model Traffic Code, as adopted by Pueblo County Ordinance 2009-21, as amended, nor to sound produced by any sirens or horns on such vehicles or other noise emanating from such vehicles.

The provisions of this Ordinance shall not apply to farms or ranches as defined in the Pueblo County Zoning resolutions. "Farm or ranch" means an area of at least five acres in size if in an A-2 zone district, or thirty-five (35) acres in size if in an A-1 zone district, and used for farming or ranching. "Farming or ranching" means the business of cultivating land, producing crops and/or keeping livestock, fowl and other non-domestic animals. This definition does not include feedlot or dog kennels. (Ord. 2011-22 § 12)

10.06.130 Severability.

The provisions of this Ordinance are hereby declared to be severable. If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this Ordinance. (Ord. 2011-22 § 13)

10.06.140 Authenticity.

The foregoing text is the authentic text of Pueblo County Ordinance No. 2011-22.

The first reading of said Ordinance took place on February 22, 2011.  It was published in full in the Pueblo Chieftain on February 27, 2011.

It was adopted on March 22, 2011, and is to be republished by title in the Pueblo Chieftain on March 27, 2011, and shall take effect on April 21, 2011.   (Ord. 2011-22 § 14)