HomeMy WebLinkAboutOrdinance-2005-1346
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER SANG
Council Bill No. 09-2005
Ordinance No. 1346
Series of 2005
TITLE. AN ORDINANCE REPEALING AND REENACTING SECTION 16-103 OF
THE WHEAT RIDGE CODE OF LAWS CONCERNING UNNECESSARY
NOISE AND DISTURBING THE PEACE
WHEREAS, pursuant to C. R .S. 9 31-1 5-401 (1 )(e) and its home rule authority,
the City possesses the authority to prevent and suppress unreasonable noise and
conduct that disturbs the peace of others; and
WHEREAS, pursuant to this authority, the City previously adopted a
prohibition against disturbing the peace, codified as Section 16-103 of the Code of
Laws of the City of Wheat Ridge ("Code of Laws"); and
WH EREAS, eighteen years of experience with said Section 1 6-1 03 has given
the City the knowledge of what noise enforcement issues are a priority within the
City and the best manner to address the same, and
WHEREAS, the City therefore desires to repeal and reenact Section 16-103
of the Code of Laws as provided herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1 Section 16-103 of the Code of Laws is hereby repealed and
reenacted, to read in its entirety as follows'
Sec. 16-103. Unreasonable noise; disturbing the peace.
(a) It is unlawful for any person to 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.
(1) Any noise or sound which is audible twenty-five (25) or more
feet from a mobile noise or sound source
(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 multi-
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unit 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
(b) Any member of the police department who personally observes
a violation of this section 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
(c) Any activity or noise source conducted or caused by an activity
conducted, sponsored or approved by the City shall be exempt from
the requirements of this section.
Section 2. Safety Clause. The City Council hereby finds, determines, and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of
the public and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare The City Council
further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be attained.
Section 3. Severability; Conflictinq 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, parts of ordinances or codes
adopted thereby in conflict with the provisions of this ordinance or the code or
ordinance adopted hereby are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect upon adoption
at second reading, as permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 9th day of May, 2005, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing
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and consideration on final passage set for
o'clock pm, in the Council Chambers, 7500
Colorado
June 13 , 2005, at 7 00
West 29th Avenue, Wheat Ridge,
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 8 to 0 ,this 13th day of June , 2005
SIGNED by the Mayor on this 15th
day of
June
,2005
ATTEST
- -[llt.J.J,SC"N<-LL-
Pamela Anderson, City Clerk
First Publication May 12, 2005
Second Publication Tan" 71, 700"
Wheat Ridge Transcript:
Effective Date June 13, 2005
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