PART 2  NOISE POLLUTION - VEHICLESlinklink

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9.8.201: VEHICLE NOISE LIMITS:
9.8.202: EMERGENCY VEHICLES EXCEPTED:
9.8.203: MODIFICATIONS PROHIBITED:
9.8.204: MOTORCYCLES AND OFF HIGHWAY MOTOR VEHICLES:

9.8.201: VEHICLE NOISE LIMITS:linklink


A. Vehicles Weighing Less Than Ten Thousand Pounds: A noise measured or registered as provided in this article from any vehicles weighing less than ten thousand (10,000) pounds in excess of eighty (80) decibels in the A-weighting scale in intensity is excessive and unusually loud and unlawful.


B. Vehicles In Excess Of Ten Thousand Pounds:

1. A noise measured or registered as provided in this article from any vehicle weighing more than ten thousand (10,000) pounds in excess of eighty eight (88) decibels in intensity on the A-weighting scale shall be and is hereby declared to be excessive and unusually loud and unlawful.

2. Between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., the above decibel levels shall apply to all streets within the City.

3. Between the hours of seven o'clock (7:00) P.M. and seven o'clock (7:00) A.M., the above decibel levels shall apply only to designated streets within the City. Traffic on other than designated streets during these hours shall be subject to the decibel level as provided in subsection A of this section.


C. Designated Streets: Designated streets shall be named by the Mayor. In determining what streets shall be designated, the Mayor shall attempt to preserve low decibel noise levels within residential zones and give primary consideration to major arterial streets which allow travel to commercial areas requiring evening access.


D. Air Compression Brakes: The use of air compression brakes ("jake brakes") within City limits is prohibited, unless otherwise posted by the City Traffic Engineer. (Ord. 4517; 1968 Code §§8-46, 8-47, 8-48; Ord. 01-42; Ord. 09-131; Ord. 11-19)

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9.8.202: EMERGENCY VEHICLES EXCEPTED:linklink

The requirements, prohibitions and terms of this part shall not apply to any authorized emergency vehicle, when responding to an emergency call or acting in time of emergency. The terms of this part shall not apply to those activities of a temporary duration, permitted by law and for which a license or permit has been granted by the City, including parades and fireworks displays. (Ord. 4517; 1968 Code §8-50; Ord. 01-42)
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9.8.203: MODIFICATIONS PROHIBITED:linklink

It is unlawful for any person to sell, lease, rent or install any device or sell, rent, lease or operate any vehicle, engine, motor or other mechanical device with a device which when attached to or placed on any vehicle, engine, motor or other mechanical device so as to amplify or increase the noise emitted by it above that emitted by the vehicle, engine, motor or mechanical device in its original factory design. This part shall not apply to devices sold for racing or pleasure purposes and used outside the City or in areas properly authorized by the City for pleasure or racing. It is unlawful for any person to operate a modified vehicle, engine, motor or device within the City and not in a properly authorized area. (Ord. 4517; 1968 Code §8-52; Ord. 01-42)
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9.8.204: MOTORCYCLES AND OFF HIGHWAY MOTOR VEHICLES:linklink


A. Findings And Purpose:

1. The City Council finds that the driving, riding and use of motorcycles, motor driven cycles and off highway motor vehicles on public and private property within the limits of the City is the cause of noise and dust and of the destruction of plants, landscaping and other real and personal property, and the conduct adversely affects the comfort and privacy of the residents of the City. Because the conduct may be intermittent, fleeting, moving or caused by persons who are minors, other provisions of this Code, as well as other legal remedies, are inadequate to control the conduct and its adverse effects. The provisions of this part relating to the regulation of motorcycles, motor driven cycles or off highway motor vehicles are therefore necessary for the public welfare.

2. The City Council declares that the purpose of this part is to exercise the general police power in order to protect the enjoyment and use of public and private property, to protect the rights of privacy, to preserve property and personal values, to promote peace and quiet, and to provide management for and promote proper recreational use of motorcycles, motor driven cycles or off highway motor vehicles within the City.

3. This part shall not apply to the driving, riding and use of motorcycles, motor driven cycles or off highway motor vehicles on streets and highways or in other areas which are specifically governed or preempted by this Code or the motor vehicle laws of the State of Colorado.


B. Definitions:

PROPERTY: Any public or private property which is not an improved public street or highway, or an improved private street constructed in accord with City standards and approved by the City.

VEHICLE: A motorcycle, motor driven cycle or motor vehicle, as the vehicles are defined in the motor vehicle laws of the State of Colorado, including, but not limited to, motor scooters, motorbikes and minibikes.


C. Prohibited; Exceptions: It is unlawful for any person to drive or ride any vehicle upon any property which is within six hundred sixty feet (660') of a residence or other occupied structure or property authorized for motorcycle use as required herein, except that this subsection shall not apply in the following instances:

1. Where the vehicle is ridden, driven or used upon property by the owner, resident or tenant of the property; and provided that the operation shall not be within six hundred sixty feet (660') of the neighboring residences or occupied structures unless permission has been granted by the neighboring residents or occupants; or

2. Where the vehicle is ridden, driven or used by a visitor when the visitor is accompanied by a copy of a written authorization from the owner or occupant of the property, the original of which has been filed with the City Clerk; and provided that the operation shall not be within six hundred sixty feet (660') of the neighboring residences or occupied structures unless permission has been granted by the neighboring residents or occupants; or

3. Where the use is permitted pursuant to the City's Zoning Code.


D. Muffler Required: It is unlawful for any person to drive, ride or use a vehicle upon any property unless the vehicle is at all times equipped with an adequate muffler in constant operation and properly maintained so as to meet the requirements of the motor vehicle laws of the State of Colorado, as the same now exist or may hereafter be amended1, and no muffler exhaust system shall be equipped with a cutout, bypass or similar device.


E. Other Regulations: The regulations do not supersede or preclude the enforcement of zoning regulations or any other regulations contained in this Code which are applicable to any conduct regulated in this part.


F. Penalty: Every person convicted of a violation of this part shall be punished by a fine not to exceed five hundred dollars ($500.00) for each offense, but shall not be subject to imprisonment or jail sentence. (1968 Code §8-52.1; Ord. 79-63; Ord. 82-164; Ord. 01-42)

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Footnotes - Click any footnote link to go back to its reference.
Footnote 1: CRS 1973 §42-4-225.