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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BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1 Section 16-103 of the Code of Laws is hereby repealed and reenacted, to read in its entirety as follows' Sec. 16-103.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- 1 - 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 2 -- 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 3