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HomeMy WebLinkAboutOrdinance 1713-1- CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER NOSLER BECK COUNCIL BILL NO. 07 ORDINANCE NO. 1713 Series 2021 TITLE: AN ORDINANCE AMENDING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF NOISE WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, in the exercise of this authority the Council has previously enacted Section 16-103 of the Code of Laws (the “Code”) concerning regulation of noise; and WHEAREAS, the Council finds it necessary to revise Section 16-103 to improve clarity and fair enforcement while also recognizing the needs of residents and businesses. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-103 of the Code is amended as follows: Sec. 16-103. – Unreasonable noise; disturbing the peace. (a) Definitions. For the purposes of this section, the following terms shall have the meanings indicated: Amplified sound shall mean the use or operation 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 OUTDOORS. Amplified sound shall not include sound which is not audible TWO HUNDRED (200) fifty (50) feet, MEASURED AT ANY POINT ALONG THE PROPERTY LINE OR WITHIN THE PROPERTY LINE, FROM THE RECEIVING PREMISES. 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 which the human voice, music or any other sound is amplified. Unreasonable noise shall mean any NOISE, WHICH BECAUSE OF ITS LOUDNESS AND FREQUENCY, WHILE TAKING INTO CONSIDERATION ITS LOCATION AND THE NATURE OF THE TYPICAL URBAN ENVIRONMENT, UNREASONABLY -2- DISTURBS, INJURES OR ENDANGERS THE COMFORT, REPOSE, HEALTH, PEACE OR SAFETY OF REASONABLE PERSONS OF ORDINARY SENSITIVITY 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 at which amplified sound is permitted pursuant to this section. Event location shall mean the real property owned or legally occupied by the permittee 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. UNAVOIDABLE NOISE SHALL MEAN NOISE GENERLLY ASSOCIATED WITH TRANSPORTATION REGULATED BY THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT), FEDERAL HIGHWAY ADMINISTRATION (FHA), FEDERAL RAILROAD ADMINISTRATION (FRA), AND THE FEDERAL AVIATION ADMINISTRATION (FAA). SOME CONSTRUCTION NOISE CAN ALSO BE CLASSIFIED AS UNAVOIDABLE AND IS REGULATED ELSEWHERE. (b) Unlawful noise; residential and commercial properties. 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 including but not limited to the following: the sounding of any horn, signaling device, or similar device on any automobile, motorcycle or other vehicle; any amplified signal from any bell, chime, siren, whistle or similar device intended for nonemergency purposes; any signaling device including fire, burglar, siren, whistle unless in an emergency; radios, televisions, boom boxes, phonographs, stereos, musical instruments and similar devices UNAVOIDABLE NOISE DOES NOT QUALIFY AS UNREASONABLE NOISE. The foregoing noises and circumstances shall be deemed as prima facie unreasonable: if: (1) Any UNREASONABLE noise or sound which is audible fifty (50) ONE HUNDRED (100) or more feet from a mobile noise or sound source. (2) Any UNREASONABLE 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 UNREASONABLE noise, sound source or any person or group of persons engaged in loud and continuing activities which are audible and MEASURED AT ANY POINT ALONG THE PROPERTY LINE OR WITHIN THE PROPERTY LINE OF THE RECEIVING PREMISES, fifty (50) 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 in a two (2) hour period. -3- (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 10:00 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) Unlawful noise; industrial properties. It shall be unlawful for any person to emit or cause to be emitted any noise which leaves the premises on which it originates, crosses a property line, and enters onto any other premises in excess of the sound pressure levels during the time periods as specified in table A. (1) The noise source shall be measured at any point along the property line or within the property line of the receiving premises to determine compliance with this section. (2) The decibel level of any noise regulated on a decibel basis by this article shall be measured by a sound level meter. The test results shall be prima facie evidence if administered in conformance with the American National Standards Institute. In order to implement and enforce this article effectively, the chief of police shall promulgate standards and procedures for using and testing sound level meters used in the enforcement of this article. Table A: Allowable Noise Levels (in DBA) with Time of Day Allowance Receptor premises 7:00 a.m.—10:00 p.m./10:00 p.m.—7:00 a.m. Source premises Residential Commercial Industrial Industrial 55/50 65/60 80/75 (3) Notwithstanding the foregoing, a business owner in an industrial zone district, upon which there exists a noise source in operation at the time this subsection 16-103(c) becomes effective, may apply to the city manager for a permit for a different decibel level, requirement, and/or time limitation specific to such real property. Such real property owner will submit the following to the city manager as an application for such permit: a. A written request for the decibel level, time and day of week limitations and other elements of the permit desired. b. A noise study prepared by a licensed professional engineer supporting the ability of the applicant to comply with the permit levels and conditions requested or to be imposed. c. Any other documents required by the city manager to render the application complete. The city manager will review the application materials and meet with the applicant within thirty (30) days of such submittal, and shall recommend to city council approval, approval with conditions, or denial of the application by -4- city council. the decision of city council shall be the final decision of the city, subject to judicial appeal. Permit conditions may include but are not limited to: permitted decibel level(s), time and day of week limitations, term of permit and whether renewal periods are permitted, neighborhood outreach and education, contact for complaints, and authority for the city manager to revoke the permit for failure to comply with limitations and conditions. If the city council approves the permit the city manager will issue the permit. (d) Permit for OUTDOOR amplified sound event. No person shall CONDUCT AN OUTDOOR AMPLIFIED SOUND EVENT use or cause to be used any loudspeaker, loudspeaker system, sound amplifier or any other machine or device which produces, reproduces, or amplifies sound outside of buildings or other enclosed structures in a manner which exceeds the levels specified in subsection 16-103(b), without first obtaining a permit to do so. The event sponsor must apply for and receive Aan administrative permit for the event, on forms provided by the city clerk. An outdoor amplified sound event is permitted under this section under the following conditions: (1) A MAXIMUM OF EIGHT (8) PERMITS MAY BE ISSUED FOR THE SAME LOCATION DURING A SINGLE CALENDAR YEAR, BY THE CITY CLERK, SUBJECT TO THE CONDITIONS AND RESTRICTIONS IN SUBSECTION 103(d)(3) BELOW. (2) IF AN APPLICANT WISHES TO OBTAIN PERMITS FOR MORE THAN EIGHT (8) OUTDOOR AMPLIFIED SOUND EVENTS AT THE SAME LOCATION DURING A SINGLE CALENDAR YEAR, AN APPLICATION FOR ALL SUCH PROPOSED EVENTS MUST BE MADE TO AND ACTED UPON BY THE CITY MANAGER OR DESIGNEE AND, UPON APPEAL, BY THE CITY COUNCIL UNDER THE FOLLOWING PROCEDURES: i. THE APPLICATION SHALL BE FILED WITH THE CITY MANAGER. ii. A NEIGHBORHOOD MEETING ON THE APPLICATION SHALL BE HELD BY THE APPLICANT, UPON 10 DAYS WRITTEN NOTICE TO ALL BUSINESSES AND RESIDENTS WITHIN 300 FEET OF THE EXTERIOR PROPERTY LINE OF THE PROPOSED EVENT LOCATION. iii. THE CITY MANAGER MAY GRANT, GRANT WITH CONDITIONS, OR DENY THE APPLICATION, IN WHOLE OR IN PART, AND IN DOING SO MAY APPLY THE FOLLOWING CRITERIA, IN ADDITION TO OTHER SITE-SPECIFIC CONSIDERATIONS: A. PROXIMITY OF THE PROPOSED OUTDOOR AMPLIFIED SOUND EVENTS TO RESIDENTIAL NEIGHBORHOODS, MEDICAL FACILIITES AND SCHOOLS; B. THE APPLICANT’S HISTORY OF PAST COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION; -5- C. THE HARDSHIP TO THE APPLICANT, THE COMMUNITY AND OTHER PERSONS OF NOT GRANTING THE PERMIT AGAINST THE ADVERSE IMPACT ON THE HEALTH, SAFETY AND WELFARE OF PERSONS AFFECTED. iv. THE DECISION OF THE CITY MANAGER MAY BE APPEALED WITHIN 7 DAYS OF THE DECISION DATE BY THE APPLICANT OR ANY RESIDENT OR BUSINESS OWNER WITHIN 300 FEET OF THE EVENT LOCATION BY FILING WRITTEN NOTICE OF THE SAME WITH THE CITY MANAGER. v. THE CITY COUNCIL SHALL CONDUCT A PUBLIC HEARING ON THE APPEAL, FOLLOWING NOTICE TO THE APPLICANT AND ANY RESIDENT OR BUSINESS OWNER WITHIN 300 FEET OF THE EVENT LOCATION. THE COUNCIL MAY UPHOLD, MODIFY, OR REVERSE THE CITY MANAGER’S DECISION, IN WHOLE OR IN PART. vi. THE DECISION OF THE CITY MANAGER, OR IF APPEALED, THE COUNCIL, SHALL BE THE FINAL DECISION OF THE CITY, SUBJECT TO JUDICIAL APPEAL. (3) ALL OUTDOOR AMPLIFIED SOUND EVENT PERMITS, SHALL BE SUBJECT TO THE FOLLOWING REQUIREMENTS IN ADDITION TO THOSE IMPOSED BY THE CITY MANAGER IN EACH CASE: i. The application shall be approved, approved with conditions, or denied BY THE APPROVING AUTHORITY city manager after review by the police department and any other city department as appropriate. ii. No OUTDOOR amplified sound event permit may be issued for an event outside of the hours of 9:00 a.m. and 9:00 p.m. Sunday through Thursday and 9:00 a.m. and 10:00 p.m. Friday and Saturday. Within this time range, OUTDOOR amplified sound events may be limited in duration as determined by the APPROVING AUTHORITY city manager. A permit shall not be issued for the same location more than six (6) times during any one-year period. iii. The permit shall not authorize, allow, or otherwise permit the production, reproduction, or amplification of sound which exceeds seventy-five (75) dBA when measured from the nearest receiving property. iv. 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 event sponsor shall post, at the event location, and deliver flyers to all residences and businesses within a three hundred (300) foot radius of the exterior property line of the event location, advising the surrounding neighborhood of the date and permitted times of the event, no later than seven (7) days before the event. v. 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. (4) An OUTDOOR amplified sound event for which a permit has been issued shall be exempt from the provisions of (b)(1), (b)(2) and (b)(3) of this section. (e) Noise caused in the performance of emergency work for the immediate safety, health, or welfare of the community or individuals of the community, or to restore property to a safe condition following a public calamity shall not be subject to the provisions of this section. (f) 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. (g) Any activity or noise source conducted or caused by an activity conducted or sponsored or approved by the city shall be exempt from the requirements of this section. (h) ENFORCEMENT. THE CITY MAY CANCEL, REVOKE, SUSPEND OR SUMMARILY SUSPEND THE BUSINESS LICENSE OF ANY BUSINESS WHICH PERMITS NOISE IN VIOLATION OF THIS SECTION, PURSUANT TO THE PROCEDURES IN CODE SECTIONS 11-30 THROUGH 11-32. 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, provided, however, holders of OUTDOOR amplified sound event permits issued prior to the effective date hereof shall be entitled to: (1) rely on such permits as valid for the entire calendar year 2021, and (2) apply for no more than two (2) additional permits for calendar year 2021 pursuant to Section 16-103(d)(1) as revised hereby. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 10th day of May 2021, 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 -7- for May 24, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect fifteen days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0, this 24th day of May 2021. SIGNED by the Mayor on this 24th day of May 2021. ________________________________ Bud Starker, Mayor ATTEST: _________________________ Steve Kirkpatrick, City Clerk Approved as to Form: _________________________ Gerald E. Dahl, City Attorney First Publication: May 13, 2021 Second Publication: May 27, 2021 Jeffco Transcript Effective Date: June 11, 2021 Published: Wheat Ridge Transcript and www.ci.wheatridge.co.us