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)
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)
This Ordinance shall apply in the unincorporated areas of Pueblo County. (Ord. 2011-22 § 3)
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)
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)
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)
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.
|Zone||7:00 am to next 7:00 pm||7:00 pm to next 7:00 am|
|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)|
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)
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.
|Any vehicle greater than 10,000 lbs. manufacturer's gross vehicle weight other than an Interstate Motor Carrier||88|
|Any other motor vehicle||80|
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)
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:
- The name, address, and telephone number of the owner and user of the motor vehicle sound system;
- The license number of the motor vehicle which is to be used and proof of motor vehicle insurance for such vehicle;
- A general description of the sound amplifying equipment which is to be used;
- A statement whether the use of the motor vehicle sound system will be used for commercial or noncommercial purposes; and
- The date or dates, not exceeding three (3), during which the system is proposed to be operated. (Ord. 2011-22 § 9)
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)
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)
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)
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)
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)