HomeMy WebLinkAboutStudy Session Packet 07-23-12SPECIAL STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO
July 23. 2012
Upon Adjournment from Council Meeting
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the
City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one
week in advance of a meeting if you are interested in participating and need inclusion assistance.
PUBLIC COMMENT ON AGENDA ITEMS
APPROVAL OF AGENDA
1.:. Phone Poll Results Presentation
2. Noise Ordinance
~~·~ .. ~ City of ""~Wheat&_dge ~OFFICE OF THE CfTY MANAGER
TO:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor and City Council (\ \
Patrick Goff, City Manager '#J'.
July 23, 2012
Phone Poll Results Presentation
City Council held its 2012 annual retreat on May 18 1h and 19th. The focus ofthis year's
retreat was the long-term fiscal sustainability of the City. Council provided direction to
staff at the retreat to conduct a phone poll of Wheat Ridge citizens to ascertain the level
of support for new or increased revenue sources for capital infrastructure projects in the
city.
Public Opinion Strategies was selected to conduct the phone poll. The polling was
completed between July 51h and 9th among 350 registered Wheat Ridge voters. The
margin of error for this poll is ±5.66%.
Lori Weigel from Public Opinion Strategies will be at the July 23rd study session to
provide a summary of the phone poll results. In addition , she will be available to answer
questions and provide suggestions for next steps.
Attachment
1. Key Findings -July 2012 Ballot Measure Feasibility Survey
12
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METHODOLOGY
0 Public Opinion Strategies is pleased to present the
key findings of a telephone survey in the city of
Wheat Ridge, Colorado.
0 The survey was completed July 5, 7-9, 2012
among 350 registered voters and has a margin of
error of ± 5.66°/o.
0 The sample was distributed proportionally
throughout the city and is demographically
representative of the population.
0 Lori Weigel was the principal researcher on this
project. Jenn Nunes was the project director with
Brian Fraser providing analytical assistance.
Voter confidence in the city continues to stand
strong.
"Do you feel things in Wheat Ridge are generally going in the right direction today, or do you feel
things have pretty seriously gotten off on the wrong track?"
July 2008 July 2012
60°/o 60%
• Right Direction • Wrong Track
.. PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 4
Three-in-five approve of City leadership,
although not as strongly as in the past.
"Do you approve strongly, approve somewhat, disapprove somewhat, or disapprove strongly of the
way the Mayor and City Council of Wheat Ridge are handling their jobs these days?"
July 2008 July 2012
63%
• Approve • Disapprove
~ PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 5
A majority have confidence in the City to spend
new funds wisely, although this is fairly tentative.
"How much confidence do you have in the City of Wheat Ridge to spend the funds from this
proposal wisely? Would you say .. "
Total Great Deal/Fair Amount 56°/o
Total Not Much/None 42°/o
Don't Know
2°/o
Ell PUBliC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 6
BALLOT LANGUAGE
Respondents were read the following two sales tax ballot proposals
and asked whether they would vote YES or NO on them.
Shall City of Wheat Ridge taxes be increased four and a half million dollars
annually and by whatever additional amounts are raised annually thereafter,
from a three-quarters of one percent sales tax increase commencing January
1, 2013 to be used solely for ...
Making necessary improvements
to and maintaining streets, lighting,
sidewalks, trails and bike lanes,
within the City of Wheat Ridge
Maintaining the quality of life and
improving motorist, pedestrian and
cyclist safety in Wheat Ridge by
improving and maintaining streets,
lighting, sidewalks, trails and bike
lanes, with all funds spent solely for
these purposes within the city limits
... with all spending subject to an annual independent audit, and shall the
revenues be collected and spent as a voter approved revenue change without
limitation or condition?
The distinction in language makes no statistical
difference, as support falls below the critical 50°/o mark.
Sales Tax Proposals
Necessary Improvements
Total Yes 46%
Total No 48°/o
Quality of Life
Total Yes 48%
Total No 48°/o
.. PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012
4%
9
So, for sub-group analysis, we will examine a
combined ballot given that lack of distinction.
Combined Sales Tax Ballot
Total Yes 47°/o
Total No 48°/o
-PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey-July 2012 10
Seniors are the most resistant to a sales tax
0
Age 18-34
(16°/o)
~ PUBUC OPINION STRATEGIES
• tncrease.
Sales Tax Proposal By Age
Age 35-44
(14°/o)
0
Age 45-54
(16°/o)
•Yes •No
+8
Age 55-64
(22°/o)
Wheat Ridge Ballot Measure Feasibility Survey -July 2012
-21
Age 65+
(31%)
11
As is often the case, younger women are most
supportive.
-21
Men
Age 18-54
(24°/o)
.. PUBUC OPINION STRATEGIES
Sales Tax Proposal By Gender/Age
-17
Men
Age 55+
(24°/o)
+38
66%
•Yes •No
Women
Age 18-54
(23°/o)
-2
Women
Age 55+
(29°/o)
Wheat Ridge Ballot Measure Feasibility Survey -July 2012 12
Voters in South Wheat Ridge are most open to
the sales tax increase.
Sales Tax Proposal By Region and Region/Gender
-14
54°/o
+7
South
(63°/o)
.. PUBUC OPINION STRATEGIES
-23
North
Men
(19°/o)
-5
North
Women
(18%)
•Yes •No
-16
56%
South
Men
(29°/o)
Wheat Ridge Ballot Measure Feasibility Survey-July 2012
+26
60°/o
South
Women
(34%)
13
As is the case with most tax measures, party is
most predictive of support.
-30
32%
Republican
(28°/o)
.. PUBLIC OPINION STRATEGIES
Sales Tax Proposal By Party
-8
52o/o
Independent
(32°/o)
•Yes •No
+25
60o/o
Democrat
(40°/o)
Wheat Ridge Ballot Measure Feasibility Survey-July 2012 14
Yes voters have a sense that investments in
infrastructure are needed.
"What are the one or two main reasons why you would vote YES on this proposal?"
"I think we need to take care of our
roads, and take care of our parks,
our sidewalks, and things like that.
They need to be kept up or else
the city's going to get run down,
and look like the slums. Basically
for people's safety."
-Male I Democrat I Age 45-54
"Because we have to keep up with our
infrastructure. Our roads and everything else is
crumbling. We have to take care of our city and
make sure that everything still runs properly. We
haven't taken care of our infrastructure in ages and
it's time we started spending some money on
building up these things and fixing things. Plus, it
would create jobs."
-Female I Democrat I Age 45-54
"I want to see Wheat Ridge grow
and create hope for the community."
-Male I Republican I Age 45-54
"Because I really think that Wheat
Ridge's infrastructure is pretty bad,
actually. Sewers are old, and bike
paths, and walking paths are not
good, especially at main
intersections. Compared to cities I
have lived in before, they could
definitely do some work. "
-Female /Independent I Age 25-34
-PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 15
Conversely, No voters are resistant to taxes but also
are unhappy with past projects such as 3Sth Ave.
(/What are the one or two main reasons why you would vote NO on this proposal?"
(/Because we're hardly making a living
now. Yes, the economy has to get better.
They can't be raising our taxes and
taking money away from us."
-Male I Republican I Age 45-54
(/I feel/ike we already pay too many taxes.
Everybody's struggling, it's not the right time to
raise taxes again. I work for unemployment and I
see how many people are unemployed and really
struggling. It's not fair to them ."
-Female I Democrat I Age 65+
(/Because I th ink they've done a lousy job so
far. We 're unhappy with the Thirty Eighth
Avenue revitalization ."
-Female /Independent I Age 55-64
(// think the city kind of botched west
Thirty Eighth Avenue. I don't like tha t .
They have changed the traffic
pattern, and I just think they do a lot
of unnecessary spending. I think it's
dangerous the way they've set
the traffic pattern. It's only one lane in
each direction, anymore . It used to
be two lanes in both directions."
-Female /Independent I Age 65+
-PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey-July 2012 16
The amount of the tax when expressed in cents
on a $10 purchase is not significant to most.
I<And, would you be more likely or less likely to vote Yes in favor of this proposal if you knew that it wo uld
add 7.5 cents of sales tax to each ten dollar purchase, or would it make no difference in your opinion?"
Total More Likely 9%
Total Less Likely 24%
11o/o
• Much More Likely
• Somewhat Less Likely
No Difference
• Somewhat More Likely
• Much Less Likely
Democrat Age 18-54
Age 45-54
Women Age 18-54
Democrat Women
Age 35-44
South Region Age 18-54
No
Difference
{64°/o}
77o/o
76°/o
76o/o
76%
75o/o
72%
.. PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 17
BALLOT LANGUAGE
Respondents were read the following property tax ballot
proposal and asked whether they would vote YES or NO on it.
Shall City of Wheat Ridge taxes be increased one-point-three
million dollars annually and by whatever additional amounts are
raised annually thereafter, from an increase of three-point-two
million in the property tax commencing January 1, 2013 to be
used solely for ...
Making necessary improvements to and maintaining core
infrastructure, including preventing street and home flooding by
maintaining the storm sewer system, and creek and drainage
system; with all spending subject to an annual independent audit,
and shall the revenues be collected and spent as a voter
approved revenue change without limitation or condition?
The property tax proposal receives a nearly identical
response to the sales tax.
Property Tax Ballot
Total Yes 47%
Total No 46%
-PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 19
Again, seniors are by far the most resistant.
+13
54°/o
Age 18-34
{16o/o)
.. PUBUC OPINION STRATEGIES
Property Tax Proposal By Age
Age 35-44
{14o/o)
0
47% 47o/o
Age 45-54
(16°/o)
•Yes •No
+5
Age 55-64
(22°/o)
Wheat Ridge Ballot Measure Feasibility Survey-July 2012
-24
Age 65+
(31%)
20
And younger women are most supportive.
-9
Men
Age 18-54
(24%)
.. PUBUC OPINION STRATEGIES
Property Tax Proposal By Gender/Age
-14
Men
Age 55+
(24o/o)
•Yes •No
Women
Age 18-54
(23%)
-10
Women
Age 55+
(29%)
Wheat Ridge Ballot Measure Feasibility Survey-July 2012 21
The same geographic distinction holds true.
Property Tax Proposal By Region and Region/Gender
-12
54o/o
North
(37°/o)
+9
50o/o
South
(63°/o)
~ PUBUC OPINION STRATEGIES
-30
63°/o
North
Men
(19°/o)
+6
50o/o
North
Women
(18°/o)
0
South
Men
(29%)
Wheat Ridge Ballot Measure Feasibility Survey -July 2012
+16
52o/o
South
Women
(34°/o)
22
Independent voters are not supportive-that is
typically a real challenge to overcome.
-19
Republican
(28°/o}
.. PUBLIC OPINION STRATEGIES
Property Tax Proposal By Party
-9
Independent
(32o/o)
•Yes •No
+23
Democrat
(40%)
Wheat Ridge Ballot Measure Feasibility Survey -July 2012 23
There is a real recognition among Yes voters
that flooding can be a problem in Wheat Ridge.
"What are the one or two main reasons why you would vote YES on this proposal?"
"/definitely think we need to have better
up-keep in this city, and we need to keep
up the infrastructure, so
I'm all for it."
-Female /Independent I Age 45-54
"Because /live in a flood plain and I spend
two thousand bucks a year on stupid flood
insurance that is, in my opinion, very
unnecessary Because if they would work
better on the drainage , then I would be out
of the flood plan. I wouldn't have to go for
that flood insurance. Which, in my opinion,
is a racket".
-Female /Independent I Age 55-64
"/ think we could always use
improvements. I think that anything we
can have control over, flood prevention, or
any other situation that might interfere with
general operations; anything we can do to
help is a good thing."
-Male /Independent I Age 65+
"I'm very strong on flood preventions
because I've been a victim of
flooding, in Wheat Ridge in fact. The
other reason would be that I think
any improvements the city can make
are fine. I know they're doing a lot of
improvements over at the
courthouse. Putting flood rocks in
and a small brick wall, like a planter."
-Female I Democrat I Age 45-54
~ PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 24
Again, beyond general anti-tax sentiment,
residents do express concern about the City.
"What are the one or two main reasons why you would vote NO on this proposal?"
"Because Wheat Ridge has been inept with business
development. They lost the Cabelas contract because
they're a bunch of buffoons. They lied to the city people
that Cabelas didn't want to spend the money That's not
true. They're building two of them in Colorado now.
They want to keep taxing when they keep driving
businesses away"
-Male I Republican I Age 45-54
"It's a little bit vague for one thing, and I think we're
already paying for a lot of flood control through the
Urban Flood and Drainage Program, which has
been going on for years. After all the work they've
done, they still have us rated in a flood plain. I just
am concerned that it would be spent on projects
that are of interests of certain groups and not
necessarily for the benefit of the whole city
-Female I Republican I Age 65+
"Because I don 't think they're
shuffling their money around correctly
because they just keep asking for
more."
-Female /Independent I Age 55-64
"There's enough burden on the
homeowner already There is a lot of
misappropriation of funds at the city and
state level. There are a lot of funds that
can be allocated from other areas,
essential and non-essential both . To
burden the homeowner is just another way
to increase that revenue as opposed to
appropriating the funds ."
-Male /Independent I Age 35-44
.. PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 25
The price tag for a property tax is generally
viewed as less than consequential.
"And, would you be more likely or less likely to vote Yes in favor of this proposal if you knew that it would
raise property taxes by 25 dollars per year for every one hundred thousand dollars in home value , or
would it make no d ifference in your opinion?"
Total More Likely 9°/o
Total Less Likely 18°/o
• Much More Likely
• Somewhat Less Likely
No Difference
• Somewhat More Likely
• Much Less Likely
Age 35-44
Rent Home
Democrat Age 18-54
Women Age 18-54
Independent Women
Independent Age 18-54
North Region Women
North Region Age 18-54
Democrat Women
Independent
-PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012
No
Difference
(69°/o
86o/o
86°/o
82%
81°/o
80°/o
79°/o
78o/o
78°/o
78o/o
77°/o
26
Respondents were asked to evaluate a series of projects that
might be funded by the proposal.
Now, there are a number of specific things
which MIGHT be funded if a proposal is placed
on the ballot in the future. Keeping in mind that
it is difficult for everything to be equally
important, please tell me how important each
one of these is to you personally. Is it extremely
important, very important, somewhat important,
or not very important to ensure funding is
dedicated to that purpose?
Quality of life, streets and storm sewers top the list
of priorities among these issues.
Maintaining the quality of life in
Wheat Ridge
Making necessary improvements to
and maintaining streets
Maintaining the storm sewer system
Improving motorist, pedestrian and
cyclist safety
Helping to maintain home values by
making necessary community
improvements
Preventing street and home flooding
Ranked By ExtremelyNery Important
Extremely/
Very Important-63%
60%
59%
-
54%
52%
52%
... PUBLIC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey-July 2012
90%
85%
28
Trails, bike lanes, and streetscaping are not viewed
as nearly as important.
Maintaining and improving creek
and drainage systems
Helping reduce traffic congestion
Protecting homes and businesses
from flooding
Maintaining and improving sidewalks
Ensuring the community is more
walkable and vibrant
Maintaining and improving trails and
bike lanes
Improving the look of major city streets,
with flower beds, trees, or lighting
Ranked By ExtremelyNery Important
Extremely/
Very Important -49% 84°/o
46%
45% 78%
40% 81%
40% 73%
37%
21% 59%
-PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 29
Yes voters actually gravitate toward fuzzier benefits,
while No voters prioritize specific types of projects.
.. PUBUC OPINION STRATEGIES
Top 3 Funding Items By Sales Tax Ballot
(ExtremelyNery Important)
Total Yes
(47°/o)
Maintaining the quality of life
in Wheat Ridge
(82%)
Improving motorist,
pedestrian and cyclist safety
(75°/o)
Helping to maintain home
values by making necessary
community improvements
(74°/o)
Total No
(48°/o)
Maintaining the storm sewer
system
(48°/o)
Making necessary
improvements to and
maintaining streets
(47o/o)
Maintaining the quality of life
in Wheat Ridge
(43°/o)
Wheat Ridge Ballot Measure Feasibility Survey-July 2012 30
Storm sewers are actually viewed as important to
those who reject the property tax increase to fund
improvements to this very thing.
~ PUBUC OPINION STRATEGIES
Top 3 Funding Items By Property Tax Ballot
(ExtremelyNery Important)
Total Yes
(47°/o)
Maintaining the quality of life
in Wheat Ridge
(76%)
Maintaining the storm sewer
system
(75°/o)
Preventing street and home
flooding
(71o/o)
Total No
(46o/o)
Maintaining the quality of life
in Wheat Ridge
(50°/o)
Making necessary
improvements to and
maintaining streets
(48o/o)
Helping reduce traffic
congestion
(44o/o)
Wheat Ridge Ballot Measure Feasibility Survey -July 2012 31
Only one statement in support -the idea that
preventive maintenance saves money in the long
term -resonates with residents.
Reasons to Vote in Favor
Just as your house needs a new roof after so
many years, so too does the City have to
maintain its streets, sewer system, and other
vital infrastructure. Otherwise, it will be too
difficult or more expensive to restore this
infrastructure later.
Without additional funding, the city will be
unable to maintain the basic infrastructure that
helps ensure safety on the roads, for
pedestrians or for bicyclists, or for our homes
and businesses from thunderstorms and
flooding.
Very
Convincing
0
0
Total
Convincing
0
0
-PUBLIC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 33
However, residents are unconvinced by arguments
that focus on the budget-this is not atypical.
Reasons to Vote in Favor
Long-term budget projections have shown that
by the year 2014, due to declining revenues,
the city will only have enough funding for its
daily operating expenses such as paying for
police services and will no longer be able to
providing funding to maintain its streets.
The city has managed its financial resources
wisely. It has streamlined city departments and
cut millions from the budget. However,
continued declining tax revenues mean some
of our most basic maintenance requires
additional funds.
Very
Convincing
Total
Convincing
-PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey-July 2012 34
The biggest objection is a general concern about
government waste that is very typical.
"And, which one of the following would you say is your biggest hesitation or
concern about voting Yes in favor of the proposal?"
Government needs to tighten its belt
further before asking for more money.
These are all improvements which could
wait until the economy gets better.
I Property taxes are too high already. I
This proposal is too much and too big .
.. PUBliC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 35
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There is no statistical difference in support for the
sales tax after respondents hear more information.
"Increase taxes four and a half million dollars annually from a three-quarters of one percent sales tax
increase to be used solely for making necessary improvements to and maintaining streets, lighting,
sidewalks, trails and bike lanes, within the City of Wheat Ridge?"
Initial Sales Tax Ballot
Total Yes 47%
Total No 48°/o
Undecided
So/o
Informed Sales Tax Ballot
Total Yes
Total No
Probably
Yes
22°/o
45%
50%
Definitely
Yes Probably No 24010
19o/o f" "t I ···~
De 1n1 e y
No
31o/o 1 • 1 .,
I
' I
~ PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 37
The property tax edges up just slightly.
"Increase taxes by one -point -three million dollars annually from an increase of 3. 2 million in the
property tax to be used solely for making improvements to infrastructure including preventing flooding
by maintaining the storm sewer system ."
Initial Property Tax Ballot
Total Yes 47°/o
Total No 46°/o
Undecided
7°/o
Informed Property Tax Ballot
Total Yes
Total No
51%
45%
4%
.. PUBUC OPINION STRATEGIES Wheat Ridge Ballot Measure Feasibility Survey -July 2012 38
THE BOTTOM LINE
0 Residents hold positive views of the City, but some voters
do raise concerns about how past projects have been
handled. Moreover, there appears to be little recognition of
the serious budget constraints under which the City is
operating. This is true in most of Colorado.
0 Therefore, residents are cautious and divided over these
measures. Some clearly believe these are worthy projects,
but concern about government wasting the money is high.
In our experience, if the measure is accompanied
by a very specific plan -a list/map of projects to be
tackled first that are throughout the community-
residents can envision a tangible benefit for
themselves.
THE BOTTOM LINE
0 The City may also consider adding more accountability
provisions to the measure to help overcome concerns
about waste. Stating that the funds can only be used for
the purposes listed and for nothing else; that funds can
only be used within the City; that no or a small percentage
(e.g. 4°/o) will be used for administrative purposes; and
potentially adding a sunset could be helpful in overcoming
concerns about how government will be responsible for
these tax dollars.
0 Finally, it is worth noting that the underlying dynamics of
these measures indicates a more receptive audience in a
2012 or 2014 election, rather than in low turnout elections.
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"'~ i .( ..... • .,. City of • .. ~Wheat&_dge ~OFFICE OF THE CnY MANAGER
TO:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor and City Council (\ \
Patrick Goff, City Manager~
July 23, 2012
Noise Ordinance
City Council and staff discussed proposed amendments to the City's Noise Ordinance at
the July 161h study session . After a lengthy discussion , direction was received from City
Council to continue the discussion at a special study session after the regular City
Council meeting on July 23'u.
Staff will be working internally to redraft amendments to the Noise Ordinance based on
Council recommendations from the July 16 1h study session. Therefore, additional
information will not be included in this packet but will be emailed to City Council on
Friday or Saturday.
If you have any questions in the meantime please do not hesitate to call.
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___________
Council Bill No. _______
Ordinance No. _________
Series 2012
TITLE: AN ORDINANCE AMENDING SECTION 16-103 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING UNREASONABLE NOISE
WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority
under Article XX of the Colorado Constitution, its Home Rule Charter and C.R.S. 31-15-
101 et seq. to adopt and enforce requirements for the protection of public health, safety
and welfare; and
WHEREAS, in the exercise of this authority, the Council has previously adopted Section
16-103 of the Wheat Ridge Code of Laws concerning unreasonable noise; and
WHEREAS, the Council wishes to provide an opportunity for amplified sound on private
property, subject to conditions imposed to protect the interests of the surrounding
neighborhood.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 16-103, entitled “Unreasonable noise; disturbing the peace” of the
Wheat Ridge Code of Laws is amended to read as follows:
(a) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE
FOLLOWING TERMS SHALL HAVE THE MEANINGS INDICATED:
AMPLIFIED SOUND SHALL MEAN THE OUTDOOR USE OR OPERATION
ON PRIVATE PROPERTY OF ANY LOUDSPEAKER, PUBLIC ADDRESS
SYSTEM, OR OTHER SOUND AMPLIFYING EQUIPMENT FOR THE
PURPOSE OF GIVING INSTRUCTIONS, DIRECTIONS, TALKS,
ADDRESSES OR LECTURES, OR FOR TRANSMITTING MUSIC OR
SOUND TO ANY PERSONS OR ASSEMBLAGES OF PERSONS.
AMPLIFIED SOUND SHALL NOT INCLUDE SOUND WHICH IS NOT
AUDIBLE TWENTY-FIVE (25) OR MORE FEET FROM THE PROPERTY
LINE OF THE PROPERTY UPON WHICH THE SOUND SOURCE IS
LOCATED.
SOUND-AMPLIFYING EQUIPMENT SHALL MEAN ANY MACHINE OR
DEVICE FOR THE AMPLIFICATION OF A HUMAN VOICE, MUSIC OR ANY
OTHER SOUND, OR BY W HICH THE HUMAN VOICE, MUSIC OR ANY
OTHER SOUND IS AMPLIFIED.
UNREASONABLE NOISE SHALL MEAN ANY EXCESSIVE OR
UNUSUALLY LOUD SOUND, OR ANY SOUND WHICH DISTURBS THE
PEACE AND QUIET OF ANY NEIGHBORHOOD OR CAUSES DAMAGE TO
ANY PROPERTY OR BUSINESS.
AMPLIFIED SOUND EVENT SHALL MEAN AN OUTDOOR EVENT ON
PRIVATE PROPERTY AT WHICH AMPLIFIED SOUND IS PERMITTED
PURSUANT TO THIS SECTION.
EVENT LOCATION SHALL MEAN THE REAL PROPERTY AT WHICH AN
AMPLIFIED SOUND EVENT IS HELD, EXTENDING TO THE EXTERIOR
PROPERTY LINES THEREOF. IN THE CASE OF A RESIDENTIAL
NEIGHBORHOOD “BLOCK PARTY” OR SIMILAR FUNCTION, THE EVENT
LOCATION SHALL BE THE PUBLIC STREET USED FOR THE EVENT.
(b) UNREASONABLE NOISE: GENERALLY
It is unlawful for any person to INTENTIONALLY, KNOWINGLY, OR
RECKLESSLY make, continue or cause to be made or to permit or assist
another to make, continue or cause to be made, any unreasonable noise
which, under all of the circumstances presented, would annoy, injure or
endanger the comfort, repose or peace of a person of ordinary sensitivities.
The following noises and circumstances shall be deemed as prima facie
unreasonable IN THE CONTEXT OF THE ABOVE STANDARDS:
(1) Any noise or sound which is audible twenty-five (25) or more feet
from a mobile noise or sound source or from any loudspeaker,
public address system, or other sound amplifying equipment in a
motor vehicle in such a manner as to be plainly audible at twenty-
five (25) feet.
(2) Any noise or sound which is audible within a private residence that
the person responsible for the sound has no right to occupy,
specifically including but not limited to apartments, common interest
communities and other multiunit dwelling structures.
(3) Any noise, sound source or any person or group of persons
engaged in loud and continuing activities which are audible twenty-
five (25) or more feet from the noise source or at the property line
of the property upon which the noise source is located or upon
which such activities are taking place, continuing for a minimum of
fifteen (15) minutes.
(4) Any person performing or permitting the performance of trash
pickup with a truck which has a compactor or the capacity to raise
and dump dumpsters in any area zoned for residential uses
between the hours of 11:00 p.m. and 7:00 a.m. For purposes of this
paragraph, testimony that the name of a business which holds itself
out as being in the business of trash hauling was written on the
trash truck shall be prima facie evidence that the trash truck was
owned by and under the control of the employer so identified.
(c) AMPLIFIED SOUND EVENT: PERMIT REQUIRED
AN OUTDOOR AMPLIFIED SOUND EVENT ON PRIVATE PROPERTY IS
PERMITTED UNDER THIS SECTION UNDER THE FOLLOWING
CONDITIONS:
(1) THE EVENT SPONSOR MUST APPLY FOR AND RECEIVE AN
ADMINISTRATIVE PERMIT FOR THE EVENT, ON FORMS PROVIDED
BY THE CITY CLERK.
(2) THE APPLICATION SHALL BE APPROVED, APPROVED W ITH
CONDITIONS, OR DENIED BY THE CITY MANAGER, AFTER REVIEW
BY THE POLICE DEPARTMENT AND ANY OTHER CITY
DEPARTMENT AS APPROPRIATE.
(3) NO AMPLIFIED SOUND EVENT PERMIT MAY BE ISSUED FOR AN
EVENT OUTSIDE OF THE HOURS OF 9:00 AM AND 9:00 PM SUNDAY
THROUGH THURSDAY AND 9:00 AM AND 10:00 PM FRIDAY AND
SATURDAY. WITHIN THIS TIME RANGE, AMPLIFIED SOUND
EVENTS SHALL BE LIMITED TO ___ HOURS OR LESS IN DURATION.
(4) NO MORE THAN ___ AMPLIFIED SOUND PERMITS PER CALENDAR
YEAR MAY BE ISSUED FOR ANY SINGLE LOCATION.
(5) CONDITIONS MAY BE IMPOSED ON THE PERMIT TO ADDRESS THE
NATURE AND LOCATION OF THE SPECIFIC EVENT. FAILURE OF
THE PERMITTEE TO COMPLY WITH THE CONDITIONS MAY
RESULT IN THE PERMIT BEING REVOKED.
(6) THE POLICE DEPARTMENT SHALL HAVE AUTHORITY TO REQUIRE
THE PERMITTEE TO REDUCE THE SOUND VOLUME, CURTAIL THE
HOURS OF THE EVENT, OR CLOSE THE EVENT ENTIRELY, IF THE
SOUND LEVEL AT THE EVENT, EVALUATED AT THE PROPERTY
LINE OF THE COMPLAINING PARTY CONSTITUTES, IN THE POLICE
DEPARTMENT’S SOUND JUDGMENT, UNREASONABLE NOISE.
(7) AN AMPLIFIED SOUND EVENT FOR WHICH A PERMIT HAS BEEN
ISSUED SHALL BE EXEMPT FROM THE PROVISIONS OF (B)(2) AND
(B)(3) OF THIS SECTION.
(d) ENFORCEMENT:
ANY MEMBER OF THE POLICE DEPARTMENT WHO PERSONALLY
OBSERVES A VIOLATION OF THIS SECTION INCLUDING AMPLIFIED
SOUND EVENTS UNDER SUBSECTION (C), may serve as the
complaining party in the prosecution of such violation, regardless of
whether the officer’s observation was initiated by the complaint of another
party.
(e) EXEMPTIONS:
(1) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
ANY BELL OR CHIME OR TO ANY DEVICE FOR THE
PRODUCTION OR REPRODUCTION OF THE SOUND OF BELLS
OR CHIMES FROM ANY CHURCH, CLOCK, OR SCHOOL.
(2) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO
SOUND MADE ON PROPERTY OWNED, CONTROLLED, OR
LEASED BY THE CITY, THE STATE OR THE FEDERAL
GOVERNMENT OR BY ANY AGENCY OR POLITICAL
SUBDIVISION THEREOF, WHEN SUCH SOUND IS MADE BY AN
ACTIVITY OF THE GOVERNMENTAL BODY OR SPONSORED
BY IT OR OTHERS PURUSANT TO A CONTRACT, LEASE OR
PERMIT ISSUED BY THE GOVERNMENTAL BODY.
Section 2. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___
on this ____ day of July, 2012, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for ____________________, 2012 at 7:00 p.m., in the Council Chambers,
7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this _____ day of ______________, 2012.
SIGNED by the Mayor on this _____ day of ____________, 2012.
_________________________
Jerry DiTullio, Mayor
ATTEST:
_________________________
Janelle Shaver, City Clerk
Approved as to Form
_________________________
Gerald E. Dahl, City Attorney
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date: