Noise Abatement Policy

Jefferson County Policy Manual

Policy Title: Noise Abatement

Policy Number: Part 3, Regulations; Chapter 1, Noise; Section 1

Type of Policy: Regulatory

Adopting Resolution: CC07-202

References: BCC MINUTES 4/20/93; Jefferson County Zoning Resolution; Colorado

Revised Statutes §25-12-101, §16-2-201; Resolutions CC88-553, CC92-692, CC05-399

Effective Date: April 24, 2007

Adoption Date: April 24, 2007

Administrative Revision Date: Not applicable

Policy Custodian: Sheriff’s Office

Purpose: To protect the peace, health, safety and welfare of Jefferson County citizens

from excessive, unnecessary and unreasonable noise.

A. Definitions. As used in this Regulation, the following words shall mean:

1. “Residential Zone" means an area of single or multi-family dwellings where

businesses may or may not be conducted in such dwellings. The zone includes

areas where multiple unit dwellings, high-rise apartment districts, and

redevelopment districts are located. A residential zone may include areas

containing limited accommodations for transients such as motels and hotels and

residential areas with limited office development, but it may not include retail

shopping facilities. "Residential zone" includes educational facilities, hospitals,

nursing homes, and similar institutions, and parks and open space. Undeveloped

areas adjacent to residential zones shall be deemed to be residential zones for

purposes of this Regulation, notwithstanding the zone district classification of the

Jefferson County Zoning Resolution.

2. "Commercial Business Zone" means an area where offices, clinics and the

facilities needed to serve them are located; an area with local shopping and

service establishments located within walking distances of the residents served;

a tourist-oriented area where hotels, motels and gasoline stations are located; a

large integrated regional shopping center; a business strip along a main street

containing offices, retail businesses, and commercial enterprises; a central

business district; or a commercially dominated area with limited multiple unit

dwellings.

3. "Industrial and Manufacturing Zone" means an area where manufacturing,

processing or fabrication of any commodity, storage and warehousing, wholesale

sales of equipment, supplies and materials, repair, rental and servicing of

commodities, research laboratories, motor vehicle repair and servicing, and

similar activities are conducted.

4. "Vehicle" means any device which is capable of moving itself, or being moved,

from place to place upon wheels or endless tracks; but such term shall not

include any farm tractor or any implement of husbandry designed primarily or

exclusively for use and used in agricultural operations or any device moved by

muscular power, or moved exclusively over stationary rails or tracks or designed

to move primarily through the air.

5. "Motorcycle" means every vehicle designed to travel on not more than three

wheels in contact with the ground, but not including trail bikes, dirt bikes,

minibikes, go-carts, golf carts, and similar vehicles which are not designed or

approved for use on public roads and highways.

6. "Muffler" means a device consisting of a series of chamber or baffle plates or

other mechanical design for the purpose of receiving exhaust gas from an

internal combustion engine and effective in reducing noise.

7. "dB(A)" means sound levels in decibels measured on the "A" scale of a standard

sound level meter having characteristics defined by the American National

Standards Institute, Publication S1.4-1971.

8. "Ambient noise level" means the lowest sound level repeating itself during a six-

minute period as measured with a sound level meter. The minimum sound level

shall be determined with the noise source at issue silent, and in the same

location as the measurement of the noise level of the source at issue.

B. Excessive Sound Levels Prohibited

1. No person shall operate any type of vehicle, machine, or device, or carry on any

activity, or promote or facilitate the carrying on of any activity which makes sound

in excess of the level specified in the Permissive Noise Levels Section.

2. Exceptions apply to:

a. The use of property for purposes of conducting speed or endurance events

involving motor or other vehicles, but such exception is effective only during

the specific period of time within which such use of the property is authorized

by the political subdivision or governmental agency having lawful jurisdiction

to authorize such use.

b. The use of property for the purpose of manufacturing, maintaining, or

grooming machine-made snow.

c. The use of property by this state, any political subdivision of this state, or any

other entity not organized for profit, including, but not limited to, nonprofit

corporations, or any of their lessees, licensees, or permittees, for the purpose

of promoting, producing, or holding cultural, entertainment, athletic, or

patriotic events, including, but not limited to, concerts, music festivals, and

fireworks displays.

d. Property used for manufacturing, industrial, or commercial business

purposes.

e. Public utilities regulated pursuant to title 40, C.R.S.

f. Oil and gas production subject to the provisions of article 60 of title 34, C.R.S.

g. Any authorized emergency vehicle, when responding to an emergency call or

acting in time of emergency.

h. The sound made within the terms of a fireworks display permit.

i. The sound made by animals.

j. The sound made by the sounding of the horn of any vehicle as a danger

warning signal or by the sounding of any warning device as required by law.

3. This Regulation shall not be construed to conflict with the right of any person to

maintain a private action in equity to abate a noise nuisance under the laws of

the state.

C. Measurement of Sound Levels

1. Sound from a vehicle operating on a public road or highway shall be measured at

a distance of fifty feet from the center of the lane of travel.

2. Sound from a vehicle operating on private property or public property which is not

a road or highway shall be measured twenty-five feet from the dwelling unit

nearest the sound source at issue.

3. Sound from a non-vehicular source shall be measured twenty-five feet from a

property line.

4. The noise shall be measured on the "A" weighing scale on sound level meter of

standard design and quality and having characteristics established by the

American National Standards Institute, Publication S1.4- 1971.

5. For purposes of this Regulation, measurements with sound level meters shall be

made when the wind velocity at the time and place of such measurement is not

more than five miles per hour, or twenty-five (25) miles per hour with a wind

screen.

6. In all sound level measurements, consideration shall be given to the effect of the

ambient noise level created by the encompassing noise of the environment from

all sources at the time and place of such sound level measurement.

D. Permissive Noise Levels

1. Sound from a vehicle being operated on a public road or highway with the

following speed limits shall not exceed the following as measured on the "A"

weighting scale dBA:

Type of vehicle

Speed limit of

35 miles per

hour or less

Speed limit of

more than 35

miles per hour

Motorcycle manufactured before January

1, 1973

82 dBA

86 dBA

Motorcycle manufactured on or after

January 1, 1973

80 dBA

84 dBA

Vehicle with a manufacturer's gross

vehicle rating of ten thousand lbs. or more,

and any combination of vehicle towed by

such vehicle

86 dBA

88 dBA

All other vehicles

80 dBA

84 dBA

2. Sound from a vehicle being operated on private property or public property which

is not a road or highway shall not exceed the following as measured on the "A"

weighting scale dBA:

• All vehicles 78 dBA

3. Sound from a non-vehicular source located in a residential zone, shall not

exceed the following limits:

• 7:00 A.M. until 7:00 P.M.: 55 dB(A)

• 7:00 P.M. until 7:00 A.M. of the same day of the following day: 50 dB(A)

4. Periodic, impulsive, or shrill noises are hereby declared unlawful when such

noises are at or above a sound level of five dB(A) less than those listed in this

Section.

5. Construction projects in residential zones shall be subject to the following

permissible noise levels for the period within which construction is to be

completed pursuant to any applicable construction permit issued by proper

authority, or if no time limitation is imposed, then for a reasonable period of time

for completion of project.

• 7:00 A.M. until 7:00 P.M.: 80 dB(A)

• 7:00 P.M. until 7:00 A.M. of the same day of the following day: 75 dB(A)

E. Vehicle Muffler Required

1. No person shall operate anywhere in unincorporated Jefferson County any

vehicle that is not equipped with a muffler in constant operation.

2. No person shall operate any vehicle on which a muffler is not properly

maintained to prevent any noise in excess of the noise emitted when the muffler

was originally installed by the manufacturer of the vehicle.

3. Muffler modification prohibited.

No person shall operate anywhere in unincorporated Jefferson County any

vehicle having a muffler that has been equipped or modified with a cutoff,

bypass, or any similar device or modification.

F. Violations, Penalty.

1. Any person who violates any of the provisions of this Regulation commits a Class

2 Petty Offense.

2. All charges and proceeding relating to any violation of this Regulation may be

cited for compliance with the penalty assessment procedures pursuant to Section

16-2-201, C.R.S., and as set forth herein. All persons who acknowledge guilt or

are found guilty shall be punishable by a fine of $30.00 for each separate

offense, plus customary court costs when applicable. A graduated fine schedule

is to apply: a $30.00 increase for each recurring offense, beginning at $30.00 to a

maximum of $300.00.