HomeMy WebLinkAboutbocc.ord.038.1999AN ORDINANCE REPEALING TITLE VIII OF THE PITKIN COUNTY CODE, ENTITLED
"NOISE ABATEMENT" AND ENACTING A NEW TITLE VIII ENTITLED "NOISE
ABATEMENT", SECTIONS 1 THROUGH 14 INCLUSIVE, WHICH RELATES TO
DEFINITIONS AND STANDARDS, PROHIBITIONS, EXEMPTIONS, PERMITS AND
RELATED MATTERS.
Therefore, the Board of County Commissioners wishes to establish noise levels specific to
designated land use zones within unincorporated Pitkin County.
TITLE Vlll
NOISE ABATEMENT
Sections:
1) Declaration of Policy
2) Definitions and Standards
3) Noises Prohibited
4) Use District Noise Levels
5) Sound Level Measurement
6) Exemptions
7) Permits
8) Appeals for Permit Denial
9) Motor Vehicle Noise
10) Enforcement Responsibility
113— Violations
12) Court Ordered Abatement
13) Severability
14) Effectiveness of Prior Ordinances and Resolutions
15) Publication
Section 1: Declaration of Policy:
The Board of County Commissioners 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 Pitkin County and its visitors. Noise has an
adverse effect on the psychological and physiological well being of persons, thus constituting a
present danger to the public health, economic and aesthetic well being of the County. Accordingly,
it is the policy of the Board 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. Further, it is the policy
of the County to permit only that development which will not generate noise which would
adversely impact land uses or occupants thereof.
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Section 2: Definitions and Standards:
All terminology used in this ordinance and not defined below shall be in conformance with
applicable American National Standards Institute publications SI.4-1971 or its successor
publications. For the purposes of this ordinance, certain words and phrases used herein are defined
as follows:
"A" Weighted Sound Pressure Level: The sound pressure level, as measured with a sound
level meter using the A -weighing 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. Business District: An area zoned as defined in Title II of the Pitkin County Code, including
but not limited to areas designated B-1, B-2, PUB, VC and as such designations may be
amended.
D. Construction Activities: Any and all activity incidental to the erection, demolition,
assembling, altering, installing, or equipping of buildings, structures, roads or
appurtenances thereto, including land clearing, grading, excavating and filling.
E. Construction District: A floating district, for the purposes of this ordinance, is defined as a
site of ongoing construction activity. This designation wilj_be in effect only for the duration
of said activity or for the dates of any applicable building permit at a designated site,
whichever is shorter. This designation may occur in any of the zone districts as defined in
Title II of the Pitkin County Code.
F. Continuous Noise: Any sound which exists, essentially without interruption, for a period of
ten (10) minutes or more.
G. Cyclically Varying Noise: Any sound which varies in sound level such that approximately
the same level is obtained repetitively at reasonably uniform intervals of time.
H. Decibel: Logarithmic and dimensionless unit of measure often used in describing amplitude
of sound. Decibel is symbolized by the letters dB.
I. Department: Shall mean the Aspen/Pitkin Environmental Health Department.
J. Device: Any mechanism which is intended to produce, or which actually produces, noise
when operated or handled.
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 an
unusual event, or work required to protect persons or property from exposure to danger.
This includes, but is not limited to snow, ice, mud, and debris removal from public rights -
of -way.
M. Grounds Maintenance Equipment: That equipment necessary to maintain yards, parks and
lots which includes but is not limited to lawn mowers, edgers, trimmers, tillers and chain
saws.
Impulsive Noise: A noise containing excursions usually Tess than one (1) second measured
with the sound level meter set in the "fast" meter mode.
O. industrial District: An area zoned as defined in Title lI of the Pitkin County Code under the
subheading of I.
P. Motor Vehicle: Any vehicle which is propelled by mechanical power, including, but not
limited to, passenger cars, trucks, truck -trailers, campers, motorcycles, mini bikes, mopeds,
semi -trailers, go-carts, snowmobiles and racing vehicles.
Q. Muffler: An apparatus consisting of a series of chambers or baffle plates designed for the
purpose of transmitting gases while reducing sound emanating from such apparatus.
R. 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 physiological effect
on human beings. y
Nuisance: The doing 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.
T. Percentile Sound Pressure Level:
1. Tenth percentile noise level - the "A" weighted sound pressure level that is exceeded
ten (10) percent 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 L 10.
2. 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 L 90.
U. Person: Any human being, firm, association, organization, partnership, business, trust,
corporation, company, contractor, supplier, installer, user, owner or operator, including any
municipal corporation, State or Federal Government Agency, district, and any officer or
employee thereof.
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V. Plainly Audible Noise: Any noise for which the information content of the noise is
unambiguously transferred to the listener, such as, but not limited to, understanding of
spoken speech, comprehension of whether a voice is raised or normal, or comprehension of
musical rhythms.
W. 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.
X. Property Boundary: 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 adjoining units.
Y. Public Right -of -Way: Any street, avenue, boulevard, highway, alley, sidewalk, mall or
similar place which is owned or controlled by a public governmental entity.
Z. Repetitive Impulse Noise: Any noise which is composed of impulsive noises that are
repeated at sufficiently slow rates such that a sound level meter set at "fast" meter
characteristics will show changes in sound pressure levels greater than 10 dB(A).
AA. Residential District: An area zoned as defined in Title II of the Pitkin County Code,
including, but not limited to, areas designated R-6, R-15, R-15A, R-30, MHP, AH,
AHZ/PUD, AH3/PUD, AHO/PUD, AFR-1, AFR-2, AFR-10, AF-SKI, RS-20 PUD, RS-30
PUD, RS-160 PUD, AR-1, AR-2, T, SR, VR, RR, U an,d os such designations may be
amended.
BB. 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.
CC. Sound Level Meter: An instrument, including a microphone, amplifier, RMS detector and
integrator, time averager, output meter and/or visual display and weighing networks, that is
sensitive to pressure fluctuations. The instrument reads sound pressure level when properly
calibrated and is of Type 2 or better as specified in American National Standards Institute
Publication S1.4-1971 or its successor publications.
DD. Sound Pressure: An instantaneous difference between the actual pressure and the average or
barometric pressure at a given point in space due to sound.
EE. Sound Pressure Level: Twenty (20) times the logarithm to the base ten (10) of the ratio or
the pressure of a sound to the reference pressure of twenty (20) micronewtons per square
meter (20. x 10 6newtons/meter2), and is expressed in decibels.
FF. Special Review: For a land use allowed under the Special Review designation, the
allowable noise level will be governed by the predominate use of that zone as it exists prior
to Special Review use being allowed to function.
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GG. 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.
HH. Use District: Those districts established by the Pitkin County Zoning Ordinance and those
established by this ordinance.
Section 3: Noises Prohibited:
A. General Prohibitions: In addition to the specific prohibitions outlined in subsection B
below, and Sections 4 and 8 of this ordinance, it shall be unlawful for any person to make,
continue, or cause to be made or continued any noise as defined in this ordinance in section
2(S), within the unincorporated areas of Pitkin County.
B. Specific Prohibitions: The following acts are declared to be in violation of this ordinance:
1. Horns and Signaling 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 unincorporated areas of Pitkin County, 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.
2. Radios, Television Sets, Musical Instruments, Tana Players, Record Players and
Similar Devices:
a) Using, operating or permitting the use or operation of any radio receiving set,
musical instrument, television, tape player, compact disc player or other
machine or device for the production or reproduction of sound, except as
provided for in Section 3(B)(3) below, in such a manner to violate Section 4.
b) The operating of any such device in such a manner as to be plainly audible at
25 feet from such device when operated within a vehicle parked or moving
on a public right-of-way.
Public Loud Speakers:
a) Using or operating a loudspeaker or sound amplifying equipment in a fixed
or movable position, or mounted upon any vehicle; located in or upon private
property or upon any street, alley, sidewalk, mall, park, place or any public
property for the purpose of entertainment, commercial advertising, giving
instructions, directions, talks, addresses, lectures or transmitting music to any
persons or assemblages or persons in such a manner as to violate Section 4
unless a permit as provided in Section 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 County.
4. Animals: Owning, keeping, possessing, or harboring any animal or animals,
including birds, which by frequent or habitual noise making, violate(s) Section 4.
The provisions of this section shall apply to all public and private facilities,
including any animal pounds, which hold or treat animals.
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 demolition work on buildings, structures, streets,
alleys or appurtenances, as follows:
(a) in residential districts between the hours of 7pm and lam.
(b) in residential zones on Sundays and federally recognized holidays.
(c) in all other districts except residential zones on Sundays and federally
recognized holidays between the hours of 7pm and 9am.
(d) in any defined districts where such operation exceeds the sound level limits
for a floating construction district as set forth in Section 4.
(e) this section shall not apply to emergency work as defined in Section 2(L),
but such work shall be exempted only fetp the minimum period of time
necessary to conclude the emergency repair(s) and restore property to a safe
condition.
6. Racing Event: Permitting any motor vehicle endurance or racing event in any use
district in such a manner as to violate Section 4.
7. Defect in Vehicle: Operating or permitting to be operated or used any truck,
automobile, motorcycle, or other motor vehicle which, by virtue of -disrepair, lack of
maintenance or fact or manner or operation, violates Section 8.
8. Refuse Compacting Vehicles: The operating or causing 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.
9. Bells, Alarms and Fixed Sirens. Sounding, operating or permitting to be sounded, or
operating an electronically amplified signal from any burglar alarm, vehicle alarm,
bell, chime or clock, horn or siren which exceeds the standards set forth in Section 4
for more than ten (10) aggregated minutes in any one hour.
10. Recreational Vehicles: Operating a recreational vehicle such as, but not limited to, a
dirt bike or snowmobile in a manner which violates Section 8.
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11. 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,
by-pass or similar muffler elimination device.
12. Motor or Motor Vehicle Repairs or Testing:
(a) The commercial, non -construction or private repairing, building, rebuilding
or testing of any truck, automobile, motorcycle or other motor or motor
vehicle including grounds maintenance equipment within the unincorporated
areas of the County shall be subject to the maximum permissible sound
pressure level for the district in which the sound is located.
(b) The floating construction district maximum permissible levels may not be
applied to this use.
13. Fireworks:
The discharge of fireworks or other similar explosive devices at any time or in any
manner except as expressly allowed under a permit issued pursuant to Section 7
below.
Section 4: Use District Noise Levels:
Maximum Permissible Sound Levels: It shall be a violation of this ordinance for any person to
operate or permit to be operated any stationary source of sound in such a manner as to create a
ninetieth -percentile sound pressure level (L90) of any measurement period (which shall not be less
than ten 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:
Night Day
Use District 7pm- 7am 7am- 7pm
Residential 50 dB(A) 55 dB(A)
Business 55 dB(A) 65dB(A)
Industrial 55 dB(A) 65 dB(A)
Construction 70 dB(A) 80 dB(A)
* For restricted days and times in residential zones see Section 3.5.b and Section 3.5.c.
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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 boundaries between the different land use
categories. This provision shall not apply when the least restrictive use is a floating construction
district, in which case the limits applicable to the construction district shall apply, notwithstanding
the boundaries of the more restrictive uses, because of the temporary nature of the construction use.
Section 5: Sound Level Measurement:
Sound level measurements shall be made with a sound level meter using the "A" weighing scale, in
accordance with standards promulgated by the American National Standards Institute or other
reasonable standards tested and adopted by the Aspen/Pitkin Environmental Health Department.
Section 6: Exemptions:
The following uses and activities shall be exempt from noise level regulations:
A. Noise of safety signals, warning devices and emergency pressure relief valves, except as
provided for in Section 3(B)(1).
Noise resulting from any authorized emergency vehicle when responding to an emergency
call or acting in time of emergency.
C. Noise resulting from emergency vtork, as further providodlor in Section 3(B)(5)(d).
D. 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 7 herein.
Section 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:
A. That additional time is necessary for the applicant to alter or modify his activity or
operation to comply with this ordinance, or
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, or
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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 community or the surrounding
neighborhood.
Section 8: Appeals for Permit Denial:
I f an application for a permit for relief from noise restrictions in this ordinance is denied by the
Director of the Aspen/Pitkin Environmental Health Department or an authorized representative, the
applicant may appeal to the Board of County Commissioners.
Section 9: Motor Vehicle Noise:
A. No person shall drive, operate or emit 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 following
noise limits for the category of motor vehicle shown below. Noise shall be measured at a
distance of at least fifty (50) feet or more from the center of the lane of travel or fifty (50)
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
<35 mph >35mph
Motor vehicles with a manufacturer's 86 90
gross vehicle weight rating (GVWR) or
gross combination weight rating (GCWR)
10,000 pounds or more or by any
combination of vehicles towed by
such motor vehicle.
Any other motor vehicle or any 82 86
combination of vehicles towed
by any motor vehicle.
B. This section shall apply to the total noise from a vehicle or combination of vehicles and
should not be construed as limiting or precluding enforcement of any other provisions of
this Title relating to motor vehicle mufflers for noise control.
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Section 10: Enforcement Responsibility:
A. The Director of the Aspen/Pitkin Environmental Health Department is hereby created Noise
Ordinance Enforcement Officer for Pitkin County. The Department shall have primary, but
not exclusive, enforcement responsibility for this ordinance. The Director may appoint
deputy noise enforcement responsibility for this ordinance. The Director may appoint
deputy noise enforcement officers from among members of the Department, members of the
Pitkin County Sheriffs Department or other County Departments as appropriate. The
Director shall be responsible for creating and administering a program of enforcement
certification for said deputies covering the terms of this ordinance and the operation of the
instruments used in enforcement activities.
For purposes of this ordinance, measurements with sound level meters shall be when the
wind velocity is less than twenty (20) miles per hour.
C. In all sound level measurements, consideration shall be given to the effect of the ambient
noise level created by the encompassing noise from all sources at the time and place of such
sound level measurement.
D. This 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.
Section 11: Violations:
My -person violating any provision of this ordinance may be punished by a fine of not more than
six hundred dollars ($600), and/or by imprisonment for a period of not more than ten (10) days.
Such fine and imprisonment is at the discretion of the court. Each day this ordinance is violated
shall constitute a separate offense.
Section 12: Court Ordered Abatement:
Violations of Section 3 through 8 of this ordinance are deemed and declared to be a nuisance, and
as such may be subject to summary abatement by means of a restraining order or injunction issued
by a court of competent jurisdiction.
Section 13: Severability:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional 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 portions thereof.
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Section 14: Effectiveness of Prior ordinances and Resolutions:
Nothing in this ordinance shall be construed to affect any right, duty or liability under any
ordinance in effect prior to the effective date of this ordinance, and the same shall be continued and
concluded under such prior ordinances.
Section 15: Publications:
This ordinance may be published by title and short outline after adoption.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING AT THE REGULAR
MEETING ON THE 25th DAY OF AUGUST, 1999.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES ON THE 28th DAY OF
AUGUST, 1999.
SECOND READING AND PUBLIC HEARING ON THE 8th DAY OF SEPTEMBER, 1999.
APPROVED AND ADOPTED AFTER THRID READING AND PUBLIC HEARING ON THE
22nd DAY OF SEPTEMBER, 1999.
/4*
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES ON THE 1Skk DAY OF
9EPPE-foiltER, 1999.
etreil C-'t
THIS ORDINANCE SHALL BECOME EFFECTIVE THIRTY (30) DAYS AFTER
PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD.
ATTE > BOARD OF COUNTY COMMISSIONERS
OF PITKIN, CC ffNTY, COLQRADO
Je. -tte Jones Leslie Lament
Deputy Clerk Chi rson 2
Date:
APPROVED AS TO FORM:
-John-Ely nLa toLLA l-44s
As,5n -c County Attorney
APPROVED AS TO CONTENT:
Carla Block
Environmental Health Specialist
G:/ehoncomdev/pits ord/noise3.doc
MANAGER APPROVAL:
Suzite Konc an
Cou Manager
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