HomeMy WebLinkAbout20102682.tiff IC .?7- 1->
CORRESPONDENCE RESPONSE
DEPARTMENT OF Y a_rinAt t. - lrru r-
* * * PLEASE RESPOND WITHIN THREE DAYS.* * *
IF RESPONSE WILL BE DELAYED,
PLEASE NOTIFY "CTB GROUP" BY E-MAIL
OF EXPECTED DATE FOR RESPONSE.
RECOMMENDED ACTION:
Narrative:
.c.Q a v h,t
METHOD OF RESPONSE:
Board Action
- Work Session
- Letter (Attached)
Telephone Call
No Response (erplain)
rith dL l •
�/
Wag/ j I V'Ic-e(C'
Department Head Signature
BOARD ACTION: (INITIAL BY SC WG BK DL DR
APPROVAL)
AGREE WITH RECOMMENDATION - r S✓o X V (1
WORK SESSION -
\ Sc-a (,l"7 C-)
1- 7 I IC (
len.K\ AAAA�kkil OnS Q, : So 2010-2682
it I - ' 0 II,y.1O
27039 3rd Avenue -
PO Box 145 ( - ?
Gill,CO 80624-0145
Phone: (970)353-5451 `\
LIJ:J �JE 21 A Q: 49
October 26,2010
Board of County Commissioners
PO Box 758
Greeley, CO 80632
Dear Commissioners,
My wife and I have lived here in Gill for two years. I have some very serious health problems,and we
came to Gill in the hope of finding peace and quiet for our retirement. For the most part these
expectations have been met. But there are two ongoing problems: blaring radios and barking dogs. I
understand that because Gill is zoned agricultural,we are not protected by the barking dog ordinances
that apply in the towns and cities. This seems unfair. Gill is a residential area,and the dogs in question
are not farm dogs in any meaningful sense of the term. Some are on chains 24/7. And many of them
bark more or less constantly. Those of us who are afflicted by this problem have nowhere to turn for
relief. My purpose in addressing this issue with you is to ask you to consider changes in the county code
so that residential areas like Gill might have protection from this nuisance even though in other respects
they are zoned agricultural.
With regards to the blaring radios,the problem is even more disturbing. Most of the residents of Gill are
respectful of their neighbors' peace and quiet. There is a small minority,however,who routinely park
their vehicles in their yards and turn the radio to full volume. The noise is truly disturbing. I fmd it
particularly distressing, in that working in the yard and garden is my primary pastime and my great joy.
Over the past year or two, I have approached several of our close neighbors when their radio noise was
disturbing. I have explained to them—very politely—that the noise can be heard inside our house and is
very distressing. Most have been receptive and have turned the radios off. However, in many cases it
starts up again within a few weeks. Some neighbors I have approached four or five times. The problem
is worst in the evenings and on weekends. There is also a noise problem from vehicles driving along our
street with radios blaring. It is my impression that many of the individuals responsible for this noise are
not even aware that there is a noise ordinance in Weld County.
We have discussed this matter with a number of county officials,and we have learned that although the
current ordinance has been in force for more than two years,there have been only two indictments. If
this is indeed accurate, then it suggests a serious deficiency, in that these kinds of nuisance noise levels
are extremely high both in Greeley and the rest of the county. It has been suggested to us that the present
ordinance is difficult to enforce because it specifies a minimum decibel level for a citation, even though
the patrol cars are not equipped with a decibel meter. Perhaps a more mundane measure could be applied
—e.g. if the music can be heard from so many feet. It would be simpler, of course, to provide decibel
meters to the patrol officers,though this would involve more expense. The current standard of 55
decibels at the property line is a good one, and if enforced would virtually eliminate this kind of
nuisance. Decibel meters can be purchased online from about$50. The problem of vehicles driving
2
through town with radios blaring is more difficult because a meter may not be able to distinguish radio
noise from background traffic noise. So a standard of audible from so many feet may be the best policy.
I realize, of course,that you have much more serious issues to contend with.But there are a number of us
residents here in Gill who are trying to make the village a place where people can be proud to live,raise
children,and retire. Eliminating this kind of noise nuisance obviously will not solve all our problems,
but would be a very welcome step. Anything you can do to help remediate this problem would be greatly
appreciated.
Sincerely
Philip Hickey
cc: Sheriff John B.Cooke
MEMORANDUM
(((f n
To: Board of County Commissioners October 29, 2010
From: Trevor Jiricek, Department of Planning Services and Environmental
Subject:Health Philip Hickey letter dated October 26, 2010
COLORADO
The October 26, 2010, letter from Philip Hickey asks the BOCC to consider a WCC amendment to protect
residents in the Ag zone from nuisance such as barking dogs and blaring radios. Mr. Hickey is aware that
there is no current WCC provision to enforce on barking dogs. He's also aware of our noise ordinance
(chapter 14 of the WCC).
I have to assume that Mr. Hickey is complaining to the Sheriffs office as neither Health nor Planning has
received noise complaints originating out of Gill.
Chapter 14 can be enforced by the Sheriffs office, the Planning Department, or the Health Department.
Although enforcement is problematic as it appears that the noise events are sporadic and short in duration
and according to Mr. Hickey generally occur in the evenings and on weekends. It would be difficult for Health
and Planning staff to respond during non-routine working hours. Furthermore, only the Sheriffs office can
issue a summons; Health and Planning staff would have to follow the more lengthy process of written
correspondence and a hearing in front of the BOCC.
Mr. Hickey has the opportunity to pursue a civil suit against any source of noise that violates the Colorado
Noise Abatement Act(25-12-101).
RECOMMENDATION: No Action. I am aware of no other complainants. The County has an enforceable
ordinance for blaring music. Mr. Hickey indicated that he moved into Gill for "peace and quiet" for their
retirement-it is reasonable to expect that you would encounter barking dogs the agricultural zone district. If
Mr. Hickey continues to find the noise to be unacceptable he may want to consider relocating into an
incorporated jurisdiction where urban services are more readily available or a less dense setting in the
agricultural zone district. Should Mr. Hickey continue to disagree with the County's enforcement of Chapter 14
he may choose to discuss the situation with the BOCC at a 9:00 a.m. hearing.
Please let me know if you need any further information. THANKS!
Hello