HomeMy WebLinkAboutordinance.council.002-81RECORD OF PROCEEDINGS
ORDINANCE NO. ~
(Series of 1981)
100 Leaves
AN ORDINANCE REPEALING CHAPTER 16~ SECTIONS 1 TtlROUGH 4~
OF THE REVISED ORDINANCES OF THE CITY OF ASPEN, AS AMENDED,
ENTITLED "NOISE", AND ENACTING A NEW ORDINANCE, CHAPTER 16~
SECTIONS 1 THROUGH 11, INCLUSIVE, ENTITLED "NOISE ABATEMENT"
WHICH RELATES TO DEFINITIONS AND STANDARDS, PROHIBITIONS,
EXEMPTIONS, PERMITS AND RELATED MATTERS
WHEREAS, the City Council desires to repeal and reenact
Chapter 16 of the Municipal Code of the City of Aspen to be
re-entitled "Noise Abatement" for the Denefit of the City of
Aspen,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That Chapter 16 of the Aspen Municipal Code is hereby
repealed and reenacted to read as follows: CHAPTER 16
NOISE ABATEMENT
Sections;
16-1
16-2
16-3
16-4
16-5
16-6
i6-7
16-8
16-9
16-10
16-11
Declaration of Policy
Definitions and Standards
Noises Prohibited
Use District Noise Levels
Sound Level Measurement
Exemptions
Permits
Motor Vehicle Noise
Enforcement Responsibility
Violations
Court Ordered Abatement
Sec. 16-1 Declaration of Policy:
The City Council finds and declares that noise is a signifi-
cant source of environmental pollution that represents a pre-
sent 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.
RECORD OF PROCEEDINGS 100 Leaves
FOR)4 5O C F HOECKEL B B & L CO
Sec. 16-2 Definitions and Standards:
All terminology used in this ordinance and not defined below
shall be in conformance with applicable American National
Standards Institute pUblication S1.4-1971 or its success°r
publications. For the purposes of this ordinance, certain
words and phrases used herein are defined as follows:
A. "A" Weighted Sound Pressure Level: The sound pressure
~evei as measured with a sound level meter using the
A-weighting network. The standard notation is dB(A) or
dBA ·
B. Ambient Sound Pressure Level: The sound pressure level
of the all-encompassing noise associated with a given
environment, usually a composite of sounds from many
sources. It is also the A-weighted sound pressure level
exceeded 90 percent of the time based on a measurement
period which shall not be less than ten (10) minutes.
C. Commercial District: An area zoned as defined in
Chapter 24 of the Aspen Municipal Code under the
subheadings of CC, C-l, $/C/I and NC zones.
D. Construction Activities: Any and all activity inci-
dental tO the erection, demolition, assembling, alter-
ing, installing, or equipping of buildings, structures,
roads or appurtenances thereto, including land clearing,
grading, excavating and filling.
E. Continuous Noise: Any sound which exists, essentially
without interruption, for a period of ten (10) minutes
or more ·
F. Cyclically Varying Noise: Any sound which varies in
Round level such that the same level is obtained repeti-
tively at reasonably uniform intervals of time.
G. Decibel; Logarithmic and dimensionless unit of measure
often used in describing the amplitude of sound. Deci-
bel is symbolized by the letters dB.
H. .Department: Shall mean the Aspen/Pitkin Environmental
Health Department.
I. Device: Any mechanism which is intended to produce, or
whiCD actualiy prodUces, noise when oPerated or handled.
j. Dynamic Braking Device (cormnonlY referred to as Jacobs
Brake or jake Brake): A device used primarily on trucks
for the conversion of the engine from an internal com-
bustion engine to an air Compressor for the purpose of
braking without the use of wheel brakes.
K. Emergency Vehicle: A motor vehicle authorized to have
sound warning devices sUch as sirens and/or bells and/or
air horns which may lawfully be Used when responding to
an emergency or during a police activity.
L. Emergency Work: Work made necessary to restore property
to a safe condition following a public calamity, or work
required to protect persons or proPerty from an imminent
exposure to danger.
FORM 50 C.F. HOECKEL B. B. & L. CO.
RECORD OF PROCEEDINGS
100 Leaves
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Grounds Maintenance Equipment: That equipment necessary
to maintain yards, parks and lots which includes but is
not limited to lawn mowers ~ edgers, trin~ners, tillers
and chain saws.
Impulsive Noise: A noise containing excursions usually
less than one (1) second measured with the sound level
meter set in the "fast" meter mode.
Industrial District: A floating district, for the pur-
poses of this ordinance, is defined as a site of on-
going construction activity. This designation will be
in effect only for the duration of said activity or for
the dates of any applicable building permit at a desig-
nated site~ whichever is shorter. This designation may
occur in any of the zone districts as defined in Chapter
24 of the Aspen [~unicipal Code.
Lodge District: An area zoned as defined in Chapter 24
of the Aspen Municipal Code under the subheadings of
L-l, L-2 and CL zones.
Motor Vehicie: Any vehicle which is propelled by mech-
anical power including, but not limited to, passenger
cars, trucks, truck-trailers, campers, motorcycles,
minibikes, mopeds, semi-trailers, go-carts, snowmobiles
and racing vehicles.
Muffler: An apparatus consisting of a series of cham-
bers or baffle plates designed for the purpose of trans-
mitting gases while reducing sound emanating from such
apparatus.
Noise: A sound which is measured as the sound pressure
level in decibels (dB) which is unwanted or which causes
or tends to cause an adverse psychological or physio-
logical effect on human beings.
Nuisance; The doin~ of or the failure to do something
which allows or permits noise to be emitted from any
source(s) in excess of the standards of this ordinance.
Percentile Sound Pressure Level:
Tenth percentile Noise Level - the "A" weighted
sound pressure level that is exceeded ten (10) per-
cent of the time in any measurement period (such as
the level that is exceeded for one (1) minute in a
ten (10) minute period) and is denoted L10.
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Ninetieth Percentile Noise Level - the "A" weighted
sound pressure level that is exceeded ninety (90)
percent of the time in any measurement period (such
as the level that is exceeded for nine (9) minutes
in a ten (10) minute period) and is denoted L90.
Person: Any human being, firm, association, organiza-
tion, partnership, business~ trust, corporation, com-
pany, contractor, supplier, installer, user, owner or
operator, including any municipal corporation, State or
Federal Government Agency, district, and any officer or
employee thereof.
We
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AA.
BB.
CC.
DD.
EE.
RECORD OF PROCEEDINGS 100 Leaves
Plainly Audible Noise: Any noise for which the informa-
tion content of that noise is unambiguously transferred
to the listener, such as, but not limited to, under-
standing of spoken speech, comprehension of whether a
voice is raised or normal, or comprehension of musical
thy thms.
Premise: Shall mean any building, structure, land,
utility or portion thereof, including all appurtenances,
and shall include yards, lots, courts~ inner yards and
real properties without buildings or improvements~ owned
or controlled by a person.
Property Boundar¥~ An imaginary line exterior to any
enclosed structure, at the ground surface, and its
vertical extension, which separates the real property
owned by one person from that owned by another person
and separates real property from the public premise, or
in multiple dwelling units from the adjoining unit.
Public Riqht-of-Wa¥: Any street, avenue, boulevard,
highway, alley, mall or similar place which is owned or
controlled by a public governmental entity.
Pure Tone: Any sound which can be distinctly heard as a
single pitch or a set of single pitches. For the pur-
poses of measurement, a pure tone shall exist of the
one-third octave band sound pressure level in the band
when the tone exceeds the arithmetic average of the
sound pressure levels of the two contiguous one-third
octave bands by 5 dB for frequencies of 500 H and
above, by 8 dB for frequencies between 160 an~ 400
H ,
and by 15 dB for frequencies less than or equal to 1~5
HZ·
Repetitive Impulse Noise: Any noise which is composed
of impulsive noises that are repeated at sufficiently
slow rates such that a sound level me,er set at "fast"
meter characteristics will show changes in sound pres-
sure level greater than i0 dB(A).
Residential District: An area zoned as defined in
Chapter 24 of the Aspen Municipal Code under the
subheadings of R-6, R-15, R-30, R-40, R/MF, RR, O, A, C,
P and Pub zones.
Sound: A temporal and spatial oscillation in pressure,
or other physical quantity, in a medium with interval
forces that causes compression and rarefaction of that
medium, and which propagates at finite speed to distance
points.
Sound Level Meter: An instrument, including a micro-
phone, amplifier, RMS detector and intergrator~ time
averager, output meter and/or visual display and weight-
ing networks, that is sensitive to pressure fluctua-
tions. The instrumen5 reads sound pressure level when
properly calibrated and is of Type 2 or better as speci-
fied in American National Standards Institute Publica-
tion S1.4-1971 or its successor publications.
4
FORM 50
RECORD OF PROCEEDINGS
100 Leaves
FF.
GG.
Sound Pressure: An instantaneous difference between the
actual pressure and the average or barometric pressure
at a given point in space due to sound.
Sound Pressure Level: Twenty (20) times the logarithm
to the base ten (10) of the ratio of the pressure of a
sound
to the reference pressur~ of twenty (20~ micronew-
tons per square meter (20 x i0v Newtons/meter ), and
is expressed in decibels (dB).
HH.
II.
.Steady Noise; A sound pressure level which remains
essentially constant during the period of observation,
i.e., does not vary more than 6 dB(A) when measured with
the "slow" meter characteristic of a sound level meter.
Use District: Those districts established by the City
of Aspen Zoning Ordinance (Chapter 24) and those estab-
lished by this ordinance.
Sec. 16-3 Noises Prohibited
ne
General ronlbltlons: In addition to the specific pro-
hibitions outlined in subsection B below, and Sections
16-4 and 16-10 of this Ordinance, it shall be unlawful,
with penalties provided in the Aspen Municipal Code,
Section 1-8, for any person to make, continue, or cause
to be made or continued any noise, as defined in this
ordinance, within the Aspen City limits.
.Specific Prohibitions: The following acts are declared
to be in violatiOn of this Ordinance:
Horns and Signaiinq Devices: Sounding of any horn
or signaling device on any truck, automobile,
motorcycle, emergency vehicle or other vehicle on
any street or public place within the City of
Aspen, except as a danger warning signal, or the
sounding of any such signaling device for an
unnecessary and unreasonable period of time, which
period is deemed herein to be any time after which
the danger being warned against is clearly passed.
Radios, Television Sets, Musical Instruments, Tape
Players, Record Players and Similar Devices;
(a)
Using, operating or permitting the use or
operation of any radio receiving set, musical
instrument, televiSion, phonograph, tape
player or other machine or device for the
production or reproduction of sound, except as
provided for in Section 16-3(B)(3) below, in
such a manner to violate Section 16-4.
(b)
The operating of any such device between the
hours of 10 P.M. and 7 A.M. in such a manner
as to be plainly audible at 25 feet from such
device when operated within a vehicle parked
on a public right-of-way.
Public Loud Speakers
(a)
Using or operating a loudspeaker or sound
amplifying equipment in a fixed or movable
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FORM 50 C.F. HOECKEL B. B. & L. CO.
e
RECORD OF PROCEEDINGS
100 Leaves
position or mounted upon any vehicle in or
upon any street, alley, sidewalk, mall, park,
place, or public, property for the purpose of
commercial advertising, giving instructions,
directions, talks, addresses, lectures, or
transmitting music to any perSons or assem-
blages of persons in such a manner as to vio-
late Section 16-4 unless a permit as provided
in Section 16-7 is first obtained.
(b) This section does not apply to any person who
is participating in a parade for which a
parade permit has been issued by the City.
Animals: Owning, keeping~ possessing, or harboring
any animal or animals, including birds, which by
frequent or habitual noisemaklng, violate(s)
Section 16-4o The provisions of this section shall
apply to ail public and private facilities,
including any animal pounds, which hold or treat
animals.
.Engine Idlinq:
(a)
(b)
It shall be unlawful for any person to idle or
permit the idling of the motor of any station-
ary diesel fuel burning bus or motor vehicle
or idle or permit the idling of the motor of
any stationary motor vehicle of any kind what-
soever for a prolonged and unreasonable period
of time determined herein to be in excess of
fifteen (15) minutes in any hour, within the
City limits at any time of the day or night.
This section shall not apply when an engine
must be operated in the idle mode for safety
reasons including, but not limited to, cranes
and fork lifts used in the construction indus-
try.
Construction Work: Operating, or causing to be
used or operated, any equipment, mechanical or non-
mechanical, self-propelled or manually manipulated
used in construction, repair, alteration or demo-
lition work on buildings, structures, streets,
alleys, or appurtenances, as follows:
(a)
in residential districts between the hours of
10 P.M. and 7 A.M.
(b)
in any defined districts where such operation
exceeds the sound level limits for a floating
industrial district as set forth in Section
16-4.
(c)
this section si]all not apply to emergency work
as defined in Section 16-2(L), but such work
shall be exempted only for the minimum period
of time necessary to make the emergency
repair (s) .
FORM 50 C. F, HO£CKEL B, B. & L. CO.
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10.
11.
12.
13.
14.
1.5.
RECORD OF PROCEEDINGS 100 Leaves
Racing Event; Permitting any motor vehicle endur-
ance or racing event in any use district in such a
manner as to violate Section 16-4.
Dynamic Brakinq Devices (commonly referred to as
Jacobs Brake or Jake Brake): Operating any motor
vehicle with a dynamic braking device engaged
except for the aversion of imminent danger.
Defect in Vehicle: Operating or permitting to be
operated or used any truck, automobile, motorcycle,
or other motor vehicle which, by virtue of dis-
repair, lack of maintenance or fact or manner of
operation, violates Section 16-8.
Refuse Compacting Vehicles~ The operating or caus-
ing or permitting to be operated or used any refuse
compacting vehicle which creates a sound pressure
level in excess of 75 dB(A) at 25 feet from the
vehicle during loading, unloading and compaction
cycles. '
Bells, Alarms and Fixed Sirens: Sounding, operat-
ing or permitting to sound or operate an electroni-
cally amplified signal from any burglar alarm,
bell~ chime or clock, horn or siren which exceeds
the standards set forth in Section 16-4 for more
than ten (10) aggregated minutes in any one hour.
Recreational Vehicles: Operating a recreational
vehicle such as, but not limited to, a dirt bike or
snowmobile in a manner which violates Section 16-8.
Mufflers Required:
(a) It shall be unlawful for any person to operate
a motor vehicle which shall not at all times
be equipped with a muffler upon the exhaust
thereof in good working order.
(b) It shall be unlawful for any person operating
a motor vehicle to use a cut-out, bypass or
similar muffler elimination device.
Motor or Motor Vehicle Repairs or Testinq:_
(a) The .co.mmercial~non-construction or private
repairing, building, rebuilding or testing of
any truck~ automobile, motorcycle or other
motor or motor vehicle including grounds main-
tenance equipment within the City shall be
subject to the maximum permissible sound pres-
sure level for the district in which the sound
is located.
(b)
The floating industrial district maximum per-
missible levels may not be applied to this
use.
Fireworks:
The discharge of fireworks or other similar explo-
sive devices at any time or in any manner except as
FORM 58
RECORD OF PROCEEDINGS
100 Leaves
Sec. 16-4
A.
expressly allowed under a permit issued pursuant to
Section 16-7 below.
Use District Noise Level.c:
Maximum Permissible Sound Levels: It shall be a viola-
tion of this Ordinance for any person to operate or per-
mit to be operated any stationary source of sound in
such a manner as to create a ninetieth percentile sound
pressure level (Lq0) of any measurement period
(which shall not 5e less than ten (10) minutes unless
otherwise prOvided in this Ordinance) which exceeds the
limits set forth for the following receiving land use
districts when measured at the property boundary or at
any point within the property affected by the noise:
Use District
N~IGHT DAY
10 P.M.J7A.M. 7 A.M~-~0 P.M.
Residential 50 dB(A) 55 dB(A)
Lodge 55 dB(A) 60 dB(A)
Commercial 55 dB(A) 65 dB(A)
Industrial 70 dB(A) 80 dB(A)
When a noise source can be identified and its noise
measured in more than one land use category, the limits
of the most restrictive use shall apply at the boun-
daries between the different land use categories. This
provision shall not apply when the least restrictive use
is a floating industrial district, in which case the
limits applicable to the industrial district shall
apply, notwithstanding the boundaries of the more re-
strictive uses, because of the temporary nature of the
industrial use. If an area is zoned SPA, the use cate-
gory will be determined by the predominant existing uses
within that area.
Correction for Character of Sound: For any stationary
source of sound which emits a pure tone, cyclically
varying sound or repetitive impulse sound, the limits
set forth in Section 16-4(A) above shall be reduced by 5
dB(A).
Sec. 16-5 Sound Level Measurement:
Sound level measurements shall be made with a sound level
meter using the "A" weighting scale, in accordance with stan-
dards promulgated by the American NationaI Standards Insti-
tute or other reasonable standards tested and adopted by the
Aspen/Pitkin Environmental Health Department.
Sec. 16-6 Exemptions:
The following uses and activities shall be exempt from noise
level regulations:
ne
Noise of safety signals, warning devices and emergency
pressure relief valves, except as provided for in Sec-
tion i6-3 B.1.
Noise resulting from any authorized emergency vehicle
when responding to an emergency call or acting in time
of emergency.
8
RECORD OF PROCEEDINGS
100 Leaves
Noise resulting from emergency work, as further provided
for in Section 16-3 B.6(c).
Noise resulting from activities of a temporary duration
for which a permit has been approved by the Director of
the Aspen/Pitkin Environmental Health Department in
accordance with Section 16-7 herein.
Sec. 16-7 Permits
Applications for a permit for relief from noise restrictions
in this ordinance on the basis of undue hardship or special
circumstances may be made to the Aspen/Pitkin Environmental
Health Department. Any permit granted by the Director of the
Aspen/Pitkin Environmental Health Department or an authorized
representative shall contain all conditions upon which said
permit has been granted, including, but not limited to, the
effective dates, any time(s) of day, location, sound pressure
level, or equipment limitation. The permit may be granted
upon good and sufficient showing:
ae
That additional time is necessary for the applicant to
alter or modify his activity or operation to comply with
this ordinance.
Be
Ce
That the activity, operation, or noise source will be of
temporary duration and cannot be done in a manner that
would comply with this ordinance.
That no reasonable alternative is available to the
applicant.
The Director of Environmental Health may prescribe any
reasonable conditions or requirements deemed necessary to
minimize adverse effects upon the co~aunity or the surround-
ing neighborhood.
Sec. 16-8
A.
Motor Vehicle Noise~
No person shall drive, operate or move or cause or know-
ingly permit to be driven or moved a motor vehicle or
combination of vehicles at any time in such a manner as
to exceed the following noise limits for the category of
motor vehicle shown below. Noise shall be measured at a
distance of at least twenty-five (25) feet from the cen-
ter of the lane of travel or twenty-five (25) feet or
more from a vehicle designed for off highway use with
the sound level meter at least four (4) feet above the
immediate surrounding surface.
Sound. Pressure Level dB(A)
Speed Limit of Speed Limit of
35 m/oh or less over 35 ~ph
Motor vehicles with a
manufacturer's gross
vehicle weight rating (GVWR)
or gross combination weight
rating (GCWR) of 10,000
pounds or more, or by any
combination of vehicles
towed by such motor vehicle
86
90
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FORI~ ~o C.F. HOECK£L B. B. & L. CO.
RECORD OF PROCEEDINGS
100 Leaves
Any other motor vehicle or
any combination of vehiCles
towed b_b_b_b~motor vehicle 82 86
B. This section shall apply to the total noise from a vehi-
cle or combination of vehicles and shall not be con-
strued as limiting or precluding enforcement of any
other provisions of this Chapter relating to motor
vehicle mufflers for noise control.
Sec. 16-9 Enforcement Responsibiiit~y:
The Director of the Aspen/Pitkin Environmental Health
Department is hereby created Noise Ordinance Enforcement
Officer for the City of Aspen. The Department shall
have primary, but not exclusive, enforcement responsi-
bility for this ordinance. The Director may appoint
deputy noise ordinance enforcement officers from among
members of the Department or members of the Aspen Police
Department. The Director shall be responsible for cre-
ating and administering a program of enforcement certi-
fication for said deputies covering the terms of this
ordinance and the operation of the instruments used in
enforcement activities.
ae
Ce
For purposes of this Ordinance, measurements with sound
level meters shall be made with a windScreen in place on
the microphone When the wind velocity is less than
twenty (20) miles per hour or When decibel variations
are not detectable on the sound level meter when the
meter is set on the 40 dB(A) to 50 dB(A) range.
In ail sound level measurements, consideration shall be
given to the effect of the ambient noise level created
by the encompassing noise of the environment from ail
sources at the time and place of such sound level
measurement.
5'his Ordinance is not intended to apply to the operation
of aircraft or to other activities which are subject to
Federal Law with respect to noise abatement.
Sec. 16-10 Violations:
Any person violating any provision of this Ordinance may be
punished by a fine of not more than three hundred dOllars
($300), or by imprisonment for a period of not more than
ninety (90) days or both such fine and imprisonment at the
discretion of the court. Each day any violation of this
Ordinance shall constitute a separate offense.
Sec. 16-11 Court Ordered Abatement:
Violations of Sections 16-3 through 16-8 of this Ordinance
are deemed and declared to be a nuisance, and as such may be
subject to sun,mary abatement by means of a restaining order
or injunction issued by a court of competent jurisdiction.
Section 2
If any section, subsection, sentence, clause~ phrase or por-
tion of this ordinance is for any reason held invalid or unconsti-
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RECORD OF PROCEEDINGS
~o~ ..... ~ .................. 100 Leaves
tutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining por-
tions thereof.
Section 3
The provisions of this ordinance shall become effective on
Section 4
ATTEST
~athryn
City Cler~
A public hearing on the ordinance shall be held on the ~...~TY~
day of ~./~_~~ 1981, at 5:00 p M. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED published as provided by law by
the City Council of the City of Aspen on the ~%/~;~/d
. ay of
~~%~< "~'~.~ , 1981.
Herman Edel
~ Mayor
FINALLY adopted, passed and approved on the
~/~' ~2~ ,1981.
ATTEST
day of
He-~-~a n Ede]~ --
MaYor
ll