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HomeMy WebLinkAboutordinance.council.011-03 Ordinance NO. 11 (Series 2003) AN ORDINANCE AMENDING CHAPTER 18.04, NOISE ABATEMENT, OF THE MUNICIPAL CODE OF THE CITY COUNCIL O17 THE CITY OF ASPEN, COLORADO WHEREAS, the Environmental Health Department has determined that the existing rules and regulations governing noise are inadequate to protect the health and welfare of the residents of the City of Aspen; and WHEREAS, the Environmental Health Department has determined that the existing rules and regulations governing noise do not provide a balance between Aspen's peaceful coexistence with nature and the excitement and vitality of its culture; and WHEREAS. amendments to the aforementioned rules and regulations have been proposed by the Environmental Health Department to correct deficiencies in the existing rules and regulations: and WHEREAS, The City Council of the City of Aspen has determined that the aforementioned changes benefit the health and welfare of the residents and visitors to the City of Aspen; and NOW. THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN. COLORADO: Section 1 That sections 18.04.010 thru 18.04.090 of the Municipal Code of the City of Aspen, Colorado are hereby repealed and re-enacted to read as follows: 18.04.010 Declaration of policy. The city council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City of Aspen and to its visitors. Noise has an adverse effect on the psychological and physiological well being of persons, thus constituting a present danger to the economic and aesthetic well being of the community. Accordingly, it is the policy of council to provide standards for permissible noise levels in various areas and manners and at various times and to prohibit noise in excess of those levels. 18.04.020 Definitions and standards. (A) All terminology used in this chapter and not defined below shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. For the purposes of this chapter, certain words and phrases used herein are defined as follows: (1) Commercial district. An area zoned primarily for commercial use as defined in Title 26 of the Aspen Municipal Code, including, but not limited to, areas designated CC, C-l, S/C/I, NC, O, P (when surrounded by these designations), SKI, and as such designations may be amended. (2) Construction activities. Any and all activity incidental to the erection, demolition, altering, assembling, installing or equipping of buildings, structures, roads or appurtenances thereto, including land clearing, grading, excavating, filling, landscaping, use of power equipment and the delivery, loading or unloading of materials and equipment. (3) Dynamic braking device (commonly referred to as Jake Brake). A device used primarily on trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes. (4) Lodge District. An area zoned primarily for lodge use as defined in Title 26 of the Aspen Municipal Code, including, but not limited to, areas designated L/TR, CL, LP, P (when surrounded by these designations) mad as such designations may be amended. (5) Nighttime. Shall mean the period from 9:00 p.m. to 7:00 a.m. daily. (6) Property line. An imaginary tine, at the ground surface, and its vertical extension, which separates the real property owned or rented by one person from that owned or rented by another person and separates real property from the public premise, or in multiple dwelling units from the adjoining unit, such as the wall between two apartments. (7) Residential district. An area zoned primarily for residential use as defined in Title 26 of the Aspen Municipal Code, including, but not limited to, areas designated R-3, R-6, R-15, R-1 SA, R-15B, R-30, R/MF, RR, M/MFA, AHPUD, A, C, pUB, p twh~n~iocated adjoining Properties with these designations) and as such designations may be amended. (8) Sound level meter. An apparatus or instrument including a microphone, amplifier, attenuator, output meter and frequency weighting networks for the measurement of sound levels. (9) Special event. Defined in Section 14.20.010 of the City of Aspen municipal code. (B) Standards used in the measurement of sound as provided for in this chapter shall be those as specified herein: (1) Sound level measurement shall be made with a sound Ie~el meter using the "A" weighting scale, set on "slow" response. (2) Measurements shall be taken at the property line of the source. The meter shall be used according to manufacturer specifications. The meter shall not be held in front of the person taking the reading. (3) Background noise levels shall be taken for comparison with a given source for accuracy ora measurement. Enforcement actions will be taken if the source of noise is greater than the stated permissible levels and the background noise level. (a) Extraneous or momentary spikes in the background noise readings shall not be used to compare with the source noise readings. (b) If the source is constant and too loud to determine the background noise level, then the enforcement officer must find a similar site and distance to test for the background noise level. (4) These noise regulations are enforceable by all City of Aspen law and code enforcement officers. 18.04.040 Noises prohibited, nUisances. (A) General prohibitions. It shall be unlawful, with penalties provided in the Aspen Municipal Code, section 1.04.080, for any person to create, cause or allow the continuance of any unreasonably loud, disturbing, unusual, frightening or unnecessary noise, which interferes with neighboring residents' reasonable use of their properties. Such noise may include, but is not limited to, the following: (1) Horns and signaling devices: The intentional sounding of any horn or signaling device of a motor vehicle on any street or public place continuously or intermittently, except as an emergency warning device. (2) The sounding of a security alarm for more than five (5) minutes. (3) The repair, rebuilding or testing of any motor vehicle during nighttime. (4) Operating or permitting the operation of any motor vehicle or motorcycle not equipped with a muffler or other device in good working order so as to effectively prevent loud or explosive noises there from; operating any such 3 vehicle in a manner as to constitute unreasonable, disturbing noise that constitutes a nuisance. (5) Dynamic braking devices (commonly referred to as a Jake Brake). Operating any motor vehicle with a dynamic braking device engaged except for the aversion of imminent danger. (6) Noisy parties: Congregating because of, or participating in any part or gathering of people, during nighttime in such a manner as to disturb the peace. (7) The playing of any radio, phonograph, musical instrument, outdoor speakers, television, or any such device in such a manner as to disturb the peace of nearby persons, particularly during nighttime. (8)The yelling, shouting, whistling or singing on the public streets or private property at nighttime in such a manner as to disturb the peace. (9) The use of leaf blowers other than electric-powered leaf blowers. (10)Construction between the hours ofT:00 p.m. and 7:00 a.m. Monday through Saturday in any Zone District. (11) Construction on Sundays in any Zone District. (12)The use or firing of explosives, firearms or similar devices, which create loud sound. 18-04.050 Allowed Noises based on time of day and other restrictions. (A) The following noises are allowed to exceed the Zone District noise levels during specified times of day unless deemed a disturbance of the peace by an enforcement officer. (1)Sound emanating from outdoor athletic events between 7:00 a.m. and 9:00 p.m. (2)Construction activities between 7:00 a.m. and 7:00 p.m., Monday thru Saturday, with the following conditions: (a) Noise levels do not exceed 80 decibels at the property line; and (b) Equipment is operated in accordance with manufacturer's specifications and with all standard manufacturers' mufflers and noise-reducing equipment in use and in properly operating condition; and 4 (c) Notices shall be posted to inform workers, including sub-contractors, about the basic noise requirements, as well as specific noise restrictions, to the project; and (d) Jack hammering, drilling, large compressors, and other types of equipment that exceed 80 decibels must be used in conjUnction with an approved noise suppression plan outlined in 18.04.070 of this chapter. (3) Special Events or other events to which the public is invited With the following conditions: (a) The maximum decibel level at the perimeter of the event does not exceed 100 decibels; and (b) Amplified noise shall be created only between the hours of 9:00 a.m. and 9:00 p.m.; and (c) Neighbors within two hundred fifty (250) feet of the site of the proposed sound source are nOtified. Such notification must be in writing and be done seven (7) days prior to the starting time of the event; and (d) The arrangement of loud speakers or the sound instruments must be such that it minimizes the disturbance to others resulting from the position or orientation of the speakers or from atmospherically or geographically caused dispersal of sound beyond the property lines; and (e) All reasonable measures are taken to baffle or reduce noise impacts on the neighbors; and (f) Event organizers agree to cooperate with the Police Department in addressing noise complaints from neighbors, which may include the termination of the event. (4) Private events to which the public is not invited with the following conditions: (a) Private events must comply with the requirements of parts (c) thru (f) of section (3) governing public events; and (b) Amplified noise shall be created only between the hours ofg:00 a.m. and 8:00 p.m.; and (c) The maximum decibel level at the perimeter of the event does not exceed 80 decibels; and (d) Maximum of two per week at any property; and 5 (e) If complaints are received from neighbors about noise from a private event, the event organizer must meet with the Environmental Health Department and implement additional control measures for future events to prevent disturbance of neighbors. (f) An administrative fee as set in the City Fee Ordinance is required for review of the additional control measures. (5) Farmers' Markets. Sound from the Farmers' Market during times and dates specified in its current vending agreement with the City of Aspen. 18.04.030 Maximum permitted sOUnd levels in zone districts. (A) No person or group of persons shall operate or cause to be operated any continuous, regular or frequent soume of sound that exceeds the maximum permissible sound pressure level listed in Table 1. Table 1: Maximum noise level by Zone District Zone District Nighttime 9:00 p.m. to 7:00 Daytime 7:00 a.m. to 9:00 a.m. p.m. Residential 50 dBA 55 dBA Commercial 60 dBA 65. dBA I Lodging 55 dBA 60 dBA (B) No person shall drive, operate, move, cause or knowingly permit to be driven or moved a motor vehicle or combination of vehicles at any time in such a manner as to exceed the noise limits for the Category of motor vehicle shown in Table 2. (C) Noise shall be measured at a distance of at least twenty-five (25) feet from the vehicle with the sound level meter at least four (4) feet above the immediate surrounding surface: Table 2: Maximum Vehicle Noise levels Type of Vehicle Noise level dBA for Noise lever dBA for Speed Speed of 35 mph or less over 35 mph Motor vehicles with a 86 90 manufacturer's gross vehicle weight rating (GVWR) or ~'oss combination weight rating (GCWR) of 10,000 poUnds or more, or by any combination of vehicles 6 towed by such motor vehicle Any other motor vehicle 82 86 (less than 10,000 pounds) or any combination of vehicles towed by any motor vehicle 18.04.060 Exemptions. (A) The following uses and activities shall be exempt from noise level regulations: (1) Emergency construction work that is necessary to restore property to a safe condition following a fire, accident or natural disaster, or to restore public utilities, or to protect persons or property from an imminent danger. Such work must comply with the requirements of this ordinance for a noise suppression plan. (2) Noises of safety signals, warning devices, and emergency pressure relief valves. (3) Noises resulting from any authorized emergency vehicle when responding to any emergency call or acting in time of emergency. (4) Noise from snow plowing, street cleaning or trash collection. (5) Lawful fireworks. (6) Electric leaf blowers. 18.04.070 Noise Suppression plans for construction activities where decibel limits will be exceeded. (A) Noise suppression plans shall be submitted for approval to the Aspen Environmental Health Department or Police Department. (B) Noise suppression plans shall include: (1) contact information, (2) dates of the activity, (3) hours of activity, (4) location of activity, (5) any equipment constraints that prevent common noise reduction measures, (6) description of how sound blocking or reducing measures will be used, 7 (7) layout map of the locations of baffles and other soUnd blocking or reducing measures with relation to source of noise. (C) Submittal must be timely for adequate review. (D) Approval may be granted upon good and sufficient showing: (l) That the activity, operation or noise source will be of temporary duration and cannot be done in a manner that would comply with this chapter; and (2) That no reasonable alternative is available to the applicant. (E) An administrative fee as set in the City Fee Ordinance is required for review any noise suppression plan. (F) The City of Aspen may prescribe any reasonable conditions or requirements deemed necessary to minimize adverse effects upon the community or the surroUnding neighborhood. 18.04.080 Enforcement. (A) Enforcement officers may issue a warning notice or summons and complaint to any person in violation of this chapter. (B) An Enforcement Officer shall have the right to inspect property concerning any noise complaint. 18.04.090 Penalty assessment. (A) Any person violating any provision of this chapter may be punished by a fine, imprisonment, or both a fine and imprisonment, as set forth in section 1.04.080 of this Code. Each day any violation of this chapter shall continue shall constitute a separate offense. Section 2 This ordinance, when effective, shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding then pending under or by virtue of the ordinances repealed or amended as herein prohibited, and the same shall be construed and concluded under such Prior ordinances. Section 3 8 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereo£ Section 4 A public heating on the ordinance shall be held on the l0th day of March 2003, in the City Council Chambers, Aspen City Hall, 130 South Galena, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of the CitY of Aspen on the l0th day of February 2003. · ~ ~ Helen Kal~n~l, Mayor" ATTEST: Kathryn S. K~{, ~ity C~erk FINALLY ado Pied, passea, and approved thisl 0h day of Ma~/h/~0~7~.~ ATTEST: Kathryn S. Kock~7~ity Clerk