Chapter 1
PUBLIC NUISANCESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511
5-1-1: DEFINITIONS:
5-1-2: DESIGNATED GENERALLY:
5-1-3: KEEPING JUNK:
5-1-4: DEPOSITING WASTE MATERIAL:
5-1-5: ABATEMENT OF MOUNTAIN PINE BEETLE1 (REP. BY ORD. 23(2007) §1):
5-1-6: NOXIOUS WEEDS:
5-1-7: NOISE PROHIBITED:
5-1-8: MUFFLERS:
5-1-9: ICE AND SNOW OVERHANGS AND ACCUMULATIONS:
5-1-10: ICE, SNOW AND OBSTRUCTIONS ON SIDEWALKS:
5-1-11: CONSTRUCTION WORK LIGHTING:
5-1-12: CREATION OF NUISANCE PROHIBITED:
5-1-13: INVESTIGATION; ABATEMENT NOTICE:
5-1-14: ABATEMENT PROCEDURE:
5-1-15: CIVIL REMEDY NOT PRECLUDED:
5-1-16: VIOLATION; PENALTY:

5-1-1: DEFINITIONS:linklink


NUISANCE: For the purpose of this code, a nuisance is hereby defined as any act or condition which endangers the public health or environment or results in annoyance or discomfort to the public or damage to any property or injury to any person.

PERSON: As used in this chapter means a natural person, corporation, business trust, estate, trust, partnership, association, joint stock company, joint venture, two (2) or more persons having a joint or common interest, any other legal or commercial entity, or a receiver, executor, trustee, conservator or other representative appointed by order of any court. (1997 Code: Ord. 18(1966) § 1)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575382
5-1-2: DESIGNATED GENERALLY:linklink

Each of the actions or conditions set out in sections 5-1-3 through 5-1-11 of this chapter shall be deemed to be a public nuisance and may be proceeded against according to the provisions of this chapter. (Ord. 18(1966) § 2)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575383
5-1-3: KEEPING JUNK:linklink

The storing or keeping by any person within the town of any old articles or materials which may be classified as junk, adjacent to or in close proximity to any public building, public park or grounds, business buildings or residences without first providing fully enclosed buildings for the storage of the same, shall be deemed a public nuisance. It is specifically provided that trash, garbage and refuse and trash, garbage and refuse containers, barrels and cans must be obscured from view and not accessible to scavenging animals. It is further specifically provided that "junk" as referred to in this chapter shall be expressly deemed to include, without limitation, any motor vehicle that is incapable of operation under its own power. A motor vehicle shall be presumed incapable of operation if it has remained in one location for a period in excess of thirty (30) days. (Ord. 16(1968) § 1: Ord. 15(1968) § 1: Ord. 18(1966) § 2(b))
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575384
5-1-4: DEPOSITING WASTE MATERIAL:linklink

The throwing, depositing, scattering by any person or the permitting by any person of the throwing or scattering of any waste or other material of any kind upon any sidewalk, street, alley, public passageway, public park, open area or upon any private property within the town shall be deemed a public nuisance. (Ord. 18(1966) § 2(c))
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575385
5-1-5: ABATEMENT OF MOUNTAIN PINE BEETLE2:linklink

(Rep. by Ord. 23(2007) § 1)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575386
5-1-6: NOXIOUS WEEDS:linklink


A. Plants Listed: All plants declared noxious weeds pursuant to the town of Vail weed management plan, which shall be annually reviewed and updated in compliance with the Colorado Revised Statutes, section 35-5.5-101 et seq., "the Colorado noxious weed act".


B. Declaration Of Nuisance: Any and all plants designated noxious weeds by the town are declared to be a public nuisance. Such action may be taken as is available for nuisance abatement under the laws of this state and the town, and as town council, in their sole discretion, deem necessary.


C. Removal Of Noxious Weeds Required By Property Owner: Property owners within the town shall be responsible for the elimination of noxious weeds from their property within ninety (90) days of the effective date hereof. Such removal shall be accomplished in an ecologically feasible and environmentally safe manner in accordance with all applicable laws, ordinances, rules and regulations.


D. Enforcement: The town shall have the right to enter upon any premises, land, or place, whether public or private, during reasonable business hours or upon proper notice for the purpose of inspecting for the existence of noxious weeds, and shall have the right to propose, implement or enforce the management of noxious weeds upon such lands in accordance with the provisions of Colorado Revised Statutes sections 35-5.5-108.5 and 109.


E. Advisory Board: The Vail town council shall be the local advisory board for all state and local noxious weed statutes, ordinances and regulations. The mayor shall be the chair and the mayor pro tem shall be the secretary. A majority of the members of the board shall constitute a quorum.


F. Penalty: Violation of this section shall be subject to penalty as provided in section 1-4-1 of this code, in addition to any other remedies provided herein or allowed by ordinance, law, rule, or regulation. (Ord. 6(2004) § 1: 1997 Code: Ord. 19(1993) § 1)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575387
5-1-7: NOISE PROHIBITED:linklink


A. Prohibited Act: The making and creating of an excessive or an unusually loud noise at any location within the town heard and measured in a manner hereinafter set forth, shall be unlawful, except when made under and in compliance with a permit issued pursuant to subsection E of this section.


B. Definition: An "excessive or unusually loud noise" shall be defined as follows:

1. Noise of any duration which exceeds the allowable noise limit for the zone in which the noise source is located by fifteen (15) decibels.

2. A noise, one minute or more in duration out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by ten (10) decibels.

3. A noise of five (5) minutes in duration and a total of five (5) minutes out of any ten (10) minute period, which exceeds the allowable noise limit for the zone in which the noise source is located by three (3) decibels.


C. Sound Measurement Standard: For the purpose of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this section, the noise shall be measured on a decibel or sound level meter of standard design and quality operated on the A weighting scale.

1. If the noise source is located on private property, the noise shall be measured at or beyond the property line of the property on which the noise source is located.

2. If the noise source is located on public property, the noise shall be measured no closer than ten feet (10') from the noise source.


D. Allowable Limits: The following shall be the allowable noise limits for the time periods and zones specified:

Zoning Designation
Of Property On
Which Source Of
Noise Is Located  

Maximum Number Of
Decibels Permitted From
7:00 A.M. To 11:00 P.M.  

Maximum Number Of
Decibels Permitted From
11:00 P.M. To 7:00 A.M.  
All residential zones
excepting HDMF  
55 decibels   50 decibels  
Commercial plus HDMF   65 decibels   60 decibels  
Industrial service zones   80 decibels   75 decibels  


E. Permit To Exceed Limits: Applications for a specified permit to exceed noise level designated in this section may be made to the town manager or duly authorized representative. The town manager or duly authorized representative may grant the relief as applied for if he/she finds the following:

1. That additional time is necessary for the applicant to alter or modify such activity or operation to comply with this section.

2. The activity, operation or noise source will be of temporary duration, and cannot be done in a manner that will comply with subsection A of this section.

3. That no other reasonable alternative is available to the applicant.

4. That the permit is necessary for the community's cultural, historical or social benefit. The town manager may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood, including, but not limited to, specific times or functions of the noise on location of the noise source. Any permit granted by the town manager under this section shall contain all conditions upon which the permit has been granted and shall specify a reasonable time that the permit shall be effective.


F. Exceptions: The maximum permissible noise limits for the times and zones specified in subsection D of this section shall not apply to sound emitted from the following:

1. Any authorized emergency vehicle when responding to an emergency call or acting in time of an emergency;

2. Activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the town, including, but not limited to, parades and fireworks displays;

3. Any construction equipment operated upon a residential, commercial, industrial, or public premises during the time period between seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M.; provided, however, that the operation of the construction equipment during the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M. shall not exceed ninety (90) decibels;

4. Any snowmaking equipment;

5. Any motor vehicles designated for and operated on the public streets, alleys, highways or freeways;

6. The sounds of any permitted bells or chimes or the amplified reproductions of the sounds of any bells or chimes played between the hours of eight o'clock (8:00) A.M. to seven o'clock (7:00) P.M., provided that said sounds shall not exceed eighty (80) decibels.


G. Motor Vehicle Noise:

1. Type Of Vehicle; Time Period: No person shall operate nor shall the owner permit the operation of any motor vehicle or combination of motor vehicles at any time or place when such operation exceeds the following noise levels for the category of motor vehicle and for the designated time period specified in the table set forth below. The standards set forth in this table shall apply to all noise emitted from motor vehicles including any and all equipment thereon, under any conditions of acceleration, deceleration, idle, greater load, and whether or not in motion. Maximum allowable noise levels for motor vehicles shall be as follows:




Type Of Vehicle  


Time Period  

Maximum Allowable
Noise Levels  
Measurement
Distance
From Vehicle  
Vehicles weighing less
than 10,000 pounds,
manufacturer's gross
vehicle weight  
Any time   80 decibels   25 feet  
Vehicles weighing
more than 10,000
pounds, manufacturer's
gross vehicle weight  
Any time   90 decibels   25 feet  

2. Exhaust Muffler3: It is unlawful for any person to drive or move or for the owner of any motor vehicle to permit to be driven or moved, any motor vehicle or combination of motor vehicles at any time which is not equipped with an exhaust muffler. It is unlawful for any person or for the owner of any motor vehicle to change or modify the exhaust muffler, air intake muffler, or any other sound reducing device in such a manner that the noise emitted from the motor vehicle: a) exceeds the noise levels as established in the maximum allowable noise level table for motor vehicles, or b) is increased above the sound pressure level of the vehicle as originally manufactured.

3. Idling Engines:

a. It shall be unlawful for any person to idle or permit the idling of the engine of any bus, truck, or any motor vehicle of any kind whatsoever, for a period of time in excess of twenty (20) minutes within the town limits.

b. Notwithstanding subsection G3a of this section, it shall be unlawful for any person to permit any idling whatsoever of the engine of any unattended bus, truck or any motor vehicle, except for refrigeration vehicles, within the Lionshead mixed use 1, Lionshead mixed use 2, commercial core 1 or the commercial core 2 zone districts of the town.


H. Amplified Sounds:

1. Purpose: The town council enacts this legislation for the purpose of securing and promoting the public comfort, safety, and welfare of its citizenry. While recognizing that certain uses of sound amplifying equipment are protected by the constitutional rights of freedom of speech and assembly, the council nevertheless feels obligated to reasonably regulate the use of sound amplifying equipment in order to protect the correlative constitutional rights of the citizens of this community to privacy and freedom from public nuisance and loud and unnecessary noise.

2. Prohibition And Regulation: It shall be unlawful for any person other than the personnel of law enforcement or governmental agencies to install, use, or operate within the town a loudspeaker or sound amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures, or transmit or project music to any person or assemblage of persons in or upon any public street, alleys, sidewalks, park or place, or public property, except when installed, used, or operated in compliance with the following provisions:

a. In all residential zones, no sound amplifying equipment shall be installed, operated or used for commercial purposes at any time.

b. The operation or use of sound amplifying for noncommercial purposes in all residential zones and within one hundred feet (100') thereof, except when used for regularly scheduled operative functions by any school or for the usual and customary purposes of any church is prohibited between the hours of four thirty o'clock (4:30) P.M. and nine o'clock (9:00) A.M. of the following day.

c. At the Gerald R. Ford Amphitheater located within Gerald R. Ford park, the operation or use of sound amplifying equipment for commercial purposes is prohibited between the hours of twelve o'clock (12:00) midnight and eight o'clock (8:00) A.M. of the following day.

d. In all other zones, except such portions thereof as may be included within one hundred feet (100') of any residential zone, the operation or use of sound amplifying equipment for commercial purposes is prohibited between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M. of the following day on Sunday through Thursday, and between the hours of eleven o'clock (11:00) P.M. and eight o'clock (8:00) A.M. of the following day on Friday and Saturday.

e. In all other zones, except such portions thereof as may be included within one hundred feet (100') of any residential zone, the operation or use of sound amplifying equipment for noncommercial purposes is prohibited between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. of the following day. The only sounds permitted shall be either music, human speech, or both.

The sound emanating from sound amplifying equipment shall be limited in volume and intensity for the times such sound is permitted by subsection H2 of this section shall be as set forth in subsection D of this section. In no event, shall the sound be loud and raucous or unreasonably jarring, disturbing, annoying, or a nuisance to reasonable persons of normal sensitivity within the area of audibility.

3. Permit Required: It shall be unlawful for any person, business or corporation to operate sound amplifying equipment in accordance with this chapter without first obtaining a permit from the town. Application for such permits will be on forms provided by the town. The following information shall be provided by the applicant:

a. Name, address and telephone number;

b. The place or places the applicant will be playing amplified sound;

c. The dates and times the applicant will be playing amplified sound.

All permits shall be valid for a period of one calendar year.


I. Appeal: Appeal of any action of the town manager or duly authorized representative pursuant to subsections E and H of this section, denying the issuance of a permit to exceed the noise level or to play amplified sounds, may be filed within thirty (30) days following such action with the town council which shall hear said appeal in accordance with its rules of procedure. The town council may confirm, reverse or modify the actions of the town manager or his/her duly authorized representative.


J. Penalty: Any person, partnership, association, or corporation convicted of a violation of any provision of this section shall be subject to penalty as provided in section 1-4-1 of this code.


K. Four Day Limit:

1. Any person wishing to play "amplified sounds" as defined in subsection H of this section during any period not to exceed four (4) consecutive days shall not be required to provide the information set forth in subsection H3 of this section in such person's application.

2. Upon the receipt of an application to play amplified sound during any period not to exceed four (4) consecutive days, the town manager, without the necessity of a public hearing, shall either grant or deny the application after consideration of all the relevant factors. Before the town manager shall grant any such application, the town manager shall be required to make the findings set forth in subsection E4 of this section. (Ord. 14(2007) § 1: Ord. 3(1999) § 10: Ord. 20(1988) § 1: 1997 Code: Ord. 15(1988) § 1: Ord. 26(1984) § 1: Ord. 32(1982) § 1: Ord. 1(1981) § 1)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575388
5-1-8: MUFFLERS4:linklink

The operation of a motor vehicle within the town which is not at all times equipped with a muffler in good working order upon the exhaust thereof and in constant operation to prevent excessive or unusual noise, or the use, by any person operating a motor vehicle within the town, of a cutout, bypass or similar muffler elimination appliance shall be deemed a public nuisance. (Ord. 18(1966) § 2(e))
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575389
5-1-9: ICE AND SNOW OVERHANGS AND ACCUMULATIONS:linklink


A. Located Over Public Property Or Ways: No owner, occupant or manager of any real property or improvement thereon shall allow or permit ice or snow to project or overhang from any roof, ledge or other part of the structure or building owned, managed or occupied by such person where the projection or overhang constitutes a hazard or reasonable possibility that the ice or snow projection or overhang (or water resulting therefrom) might fall, collapse or drop onto any sidewalk, street, alley, public way, park or any other publicly used way.


B. Accumulations On Buildings: No owner, occupant or manager of any real property or improvement thereon shall allow or permit ice or snow to accumulate on the roof or any other part of the structure or building owned, occupied or managed by him or her where the accumulated ice or snow constitutes a hazard or reasonable possibility of sliding off the building onto any sidewalk, street, alley, public way, park or any other publicly used way. (Ord. 9(1978) § 1)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575390
5-1-10: ICE, SNOW AND OBSTRUCTIONS ON SIDEWALKS:linklink


A. Duty To Clear Sidewalks: It shall be the duty of every owner or occupant of any lot, property, or parcel of land within the town, or his/her agent, to keep the sidewalks in the public right of way on or adjacent to such lot or parcel of land, free and clear of and from snow, ice, mud, and all other obstructions. It is unlawful to fail to keep the sidewalks free and clear of snow, ice, mud, and all other obstructions. Snow, ice, mud, and other obstructions cleared from sidewalks shall not be deposited in public streets or alleys.


B. Notice To Responsible Person: If the town manager or his/her designee finds that any portion of a sidewalk has not been cleared of snow, ice, mud, and other obstructions as required by subsection A of this section and that a hazardous condition exists, the town manager or designee shall notify the owner or manager of any property, the lessee leasing the premises or any adult occupant of a single-family dwelling that such person must remove the snow within twenty four (24) hours. Notice under this subsection is sufficient if hand delivered or telephoned to the owner, manager, lessee, or occupant.


C. Town Abatement For Noncompliance: If the person so notified fails to remove the snow as required by the notice set forth in subsection B of this section, the town manager or his/her designee may cause the snow removal to be done to meet the requirements of this section and charge the cost thereof, plus an additional amount up to twenty five dollars ($25.00) for administrative costs to the person so notified.


D. Lien: If any person fails or refuses to pay any charge imposed under this section, the town manager may, in addition to taking other collection remedies, certify due and unpaid charges to the Eagle County treasurer for collection. (Ord. 3(1992) § 1: Ord. 1(1968) § 1: Ord. 18(1996) § 2(g))

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575391
5-1-11: CONSTRUCTION WORK LIGHTING:linklink

The purpose of this section is to minimize the possible negative effects of construction work lighting on adjacent properties within the town.


A. All artificial light sources operated for the purpose of illuminating construction work activities shall be directed internally to the development site toward the specific construction work area or on site objects intended to be illuminated. Any artificial light sources operating between sunset and sunrise for the purpose of illuminating construction work activities directed at an adjacent property or public way within the town shall be deemed a public nuisance.


B. All artificial light sources operated for the purpose of illuminating construction work activities shall cease operation once the associated construction activities have ceased. Any artificial light source operating between sunset and sunrise for the purpose of illuminating construction work activities that remains in operation after the associated construction activities have ceased shall be deemed a public nuisance.


C. This section shall not apply to lighting required for identifying hazards or illuminating road construction.


D. This section shall not apply to any outdoor lighting otherwise regulated by section 14-10-7, "Outdoor Lighting", of this code. (Ord. 4(2009) § 1)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575392
5-1-12: CREATION OF NUISANCE PROHIBITED:linklink

No person shall perform any act or acts constituting a nuisance under sections 5-1-2 through 5-1-11 of this chapter nor shall any person create, keep, maintain, or allow or cause to be created, kept, maintained or to exist any nuisance set forth in sections 5-1-2 through 5-1-11 of this chapter within the town. (Ord. 4(2009) § 1)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575393
5-1-13: INVESTIGATION; ABATEMENT NOTICE:linklink

The town council or any person specifically authorized by the council shall investigate into every public nuisance within the town, and the town council shall have the power to deliver a request for abatement to any person in control of any public nuisance. Any request for abatement delivered by the town council shall be in writing and shall state the nature of the nuisance or nuisances which are to be abated and shall specify a reasonable time within which such nuisance or nuisances are to be abated. It is the duty of any person in control of any public nuisance within the town to abate the nuisance upon receiving a request for abatement from the town council within the time specified in the request. (Ord. 4(2009) § 1)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575394
5-1-14: ABATEMENT PROCEDURE:linklink

In addition to or in place of proceeding under section 5-1-13 of this chapter against any person who is believed to have violated or to be violating any of the provisions of this chapter, the town council may direct the town attorney to bring an action in the municipal court for the town to abate and restrain any nuisance set forth in sections 5-1-2 through 5-1-11 of this chapter within the town; provided, that any action to abate and restrain any such nuisance shall operate as a bar to any subsequent proceedings under section 5-1-13 of this chapter for the violation of any of the provisions of this chapter where the violation occurred prior to the action to abate or restrain the nuisance, and no testimony given by the defendant at any hearing in an action to abate or restrain the nuisance shall be admissible against such person in any proceeding under section 5-1-13 of this chapter instituted for any violation of the provisions of this chapter occurring subsequent to the hearing. (Ord. 4(2009) § 1)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575395
5-1-15: CIVIL REMEDY NOT PRECLUDED:linklink

No provision of this chapter shall be construed as prohibiting any private person from bringing any action, seeking any remedy or taking any step with respect to any nuisance set forth in sections 5-1-2 through 5-1-11 of this chapter as that person may be authorized or permitted to bring, seek, or take under state law. (Ord. 4(2009) § 1)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575396
5-1-16: VIOLATION; PENALTY:linklink

Any person convicted of violating any of the provisions of this chapter shall be punished as provided in section 1-4-1 of this code; provided, that each separate act in violation of the provisions of this chapter, or each and every day or portion thereof during which any separate act in violation of this chapter is committed, continued, or permitted, shall be deemed a separate offense. (Ord. 4(2009) § 1)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=34511#s575397


Footnotes - Click any footnote link to go back to its reference.
Footnote 1: See chapter 11 of this title.
Footnote 2: See chapter 11 of this title.
Footnote 3: See also section 5-1-8 of this chapter.
Footnote 4: See also subsection 5-1-7G2 of this chapter.