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Home My WebLink About20082022.tiff NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-4 was introduced on first reading on March 10, 2008, and continued to April 7, 2008, and a public hearing and second reading was held on April 28, 2008. A public hearing and final reading was completed on May 19, 2008, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2008-4 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE EFFECTIVE DATE: June 2, 2008 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 23, 2008 PUBLISHED: May 28, 2008, in the Fort Lupton Press ORO ()W8- 2008-2022 PROOF OF PUBLICATION NOTICE OF FINAL READING OF FORT LUPTON ORDINANCE Pursuant to the Weld County STATE OF COLORADO Home Rule Charter, Ordinance Number 2008-4 was introduced on COUNTY OF WELD SS. first reading on March 10, 2008, and continued to April 7, 2008, and a public hearing and second reading was held on April 28, 2008. A public hearing and final reading was completed on May I, Karen Lambert, do solemnly swear that I 2008, with no change being made to the text motionof said am the Publisher of the Fort Lupton Press; Ordinance, and on duls made and seconded,t was that the same is a weekly newspaper printed adopted. Effective sowe of said Ordinance is listed below. and published in the County of Weld, State Any backup previously exhibits or information rarlousl submitted to the Board of County of Colorado, and has a general circulation Commissioners concerning this therein; that said newspaper has been matter may be examined t in the office of the i to the Board iof n published continuously and uninterruptedly theuntyeom County Commissioners,located in Center, 915 10th Street, Third in said county of Weld for a period of more Floor,Greeley,Colorado,between the hours of 8:00 a.m. and 5:00 than fifty-two consecutive weeks prior to the p.m.,Monday that Friday,or may be accessed through the Weld first publication of the annexed legal notice County Web Page (www.coweld.co.us). E-Mail or advertisement; that said newspaper has messages sent to an individual Commissioner may been admitted to the United States mails as included in the case not file. To ensure Inclusion of your E-Mall second-class matter under the provisions of correspondence into the case file, please send a copy the act of March 3, 1879, or any egesick@co.weld.co.us, k©co.weldco.us. amendments thereof, and that said ORDINANCE NO.2008-4 newspaper is a weekly newspaper duly ORDINANCE TITLE: IN THE qualified for publishing legal notices and MATTER REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 advertisements within the meaning of the HEALTH AND ANIMALS,OF THE WELD COUNTY CODE laws of the State of Colorado. That the EFFECTIVE DATE:June 2,2008 annexed legal notice or advertisement was BOARD OF COUNTY COMMISSIONERS published in the regular and entire issue of WELD COUNTY,COLORADO DATED:May 23,2008 every number of said weekly newspaper for PUBLISHED: May 28, 2008, in the Fort Lupton Press the period of 1 consecutive insertion(s); and that the first publication of said notice was in the issue of newspaper, dated 28th day of May, 2008, and the last on the 28th day of May, 2008. Publisher. Subscribed and sworn b oeA LOP 23rd day of May, 2008. 4, %VARY tP o c 9 PUMP 4. b�. C-L;U OF cO\- A� Ex %c Notary Public. CASE NO.401951 key 51500 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2008-4 was introduced on first reading on March 10, 2008, and a public hearing and second reading was held on April 28, 2008, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on May 19, 2008. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 336-7215, Extension 4225, or fax (970)352-0242, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. ORDINANCE NO. 2008-4 ORDINANCE TITLE: IN THE MATTER OF IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE DATE OF NEXT READING: May 19, 2008, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 2, 2008 PUBLISHED: May 7, 2008, in the Fort Lupton Press ............. CHANGES MADE TO CODE ORDINANCE #2008-4 ON SECOND READING Amend Sec. 14-9-30.C to read as follows: C. Between the hours of 9:00 p.m., and 7:00 a.m., the noise levels set forth above may be exceeded by up to ten decibels for up to fifteen minutes in a one-hour period. PROOF OF PUBLICATION NOTICE OF SECOND READING FORT LUPTON OF ORDINANCE Pursuant to the Weld County TE OF COLORADO Home Rule Charter, Ordinance Number 2008-4 was introduced on LINTY OF WELD SS. first reading on March 10, 2008, and a public hearing and second reading was held on April 28, 2008, with changes being made as listed below. A public hearing and third reading is scheduled to Be held in I, Karen Lambert, do solemnly swear that I Board, First Floor Hearin Chambers of the Room, 915 10th Street, Greeley, am the Publisher of the Fort Lupton Press; Colorado 80631,on May 19,2008. that the same is a weekly newspaper printed All interested persons in next aty manner aid in the uestn said Ordinance are requested to and published in the County of Weld, State attend and may be heard. Please contact the Clerk to the of Colorado, and has a general circulation Board's Office at phone(970)336- 7215,Extension 4225,or fax(970) therein; that said newspaper has been 3523'0242,prior to the day of the hearing if, as a result of a published continuously and uninterruptedly disability, you require reasonable accommodations in order to in said county of Weld for a period of more participate in this hearing. than fifty-two consecutive weeks prior to the Any backup material, exhibits or n aku previously submitted or to the Board of County first publication of the annexed legal notice Commissioners concerning this or advertisement; that said newspaper has matter the be examined in the County y the Clerk n the Board of been admitted to the United States mails as theu^tyeld County Commissioners,located Center,e 915 C ht Centennial Street, Third second-class matter under the provisions of 10th ob ween the eoq Greeley,ofColorado,and 5:00 00 the act of March 3, 1879, or any , Monday oe 00 a.m. may m.,accessed thru Friday,h be through the Weld amendments thereof, and that said County Web Page newspaper is a weekly newspaper duly messages sent ts). E-Mail (www.co.weld.co.us). sent tous an individual Commissioner may not be qualified for publishing legal notices and included in the case file. To ensure Inclusion of your E-Mail advertisements within the meaning of the correspondence Into the case file, please send a copy to laws of the State of Colorado. That the egesIck@co.weld.co.us. dexed legal notice or advertisement was ORDINANCE NO.2008-4 ished in the regular and entire issue of ORDINANCE TITLE: IN THE MATTER OF IN THE MATTER OF every number of said weekly newspaper for REPEALING AND REENACTING, WITH AMENDMENTS,CHAPTER the period of 1 consecutive insertion(s); and 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE that the first publication of said notice was in DATE OF NEXT READING:May the issue of newspaper, dated 7th day of 19,2008,at 9:00 a.m. May, 2008, and the last on the 7th day of BOARD OF COUNTY May, 2008. COMMISSIONERS COUNTY,COLORADO DATED:May 2,2008 PUBLISHED:May 7,2008,in the Foil Lupton Press CHANGES MADE TO CODE ORDINANCE#20054 ON SECOND READING Amend Sec. 14-9-30.C to read as follows: C. Between the hours of 9:00 p.m., and 7:00 a.m., the noise levels set forth above may be exceeded by up to ten decibels for up to fifteen minutes in a one-hour period. Publisher. Subscribed and sworn b of*LOP,c` 7th day of May, 2008. 0 NpTARY ' o y PUBtic cog �. E%% Notary Public. CASE NO.401951 key 51290 WELD COUNTY CODE ORDINANCE 2008-4 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 14 HEALTH AND ANIMALS Add the following: ARTICLE IX Noise Sec. 14-9-10. Intent and Applicability. A. It is hereby declared to be the intent of the Board of County Commissioners of Weld County to protect the citizens of the County from excessive,unreasonable,and unnecessary noise. B. This provision of the Code shall apply within the unincorporated territory of Weld County. Sec. 14-9-20. Definitions. For purposes of this Division of the Code, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section. Agricultural Equipment means any equipment,vehicle, machine,or device which is used on a farm or ranch, as those terms are defined in Sections 31-1-102 (3.5) and 31-1-102 (13.5), C.R.S., for the planting growing, and harvesting of agricultural products,or for the raising,care, maintenance, breeding, and production of livestock. Agricultural equipment includes airplanes used for crop dusting. 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 silent and in the same location as the measurement of the sound level of the source when emitting the sound under investigation. Commercial Area 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 distance of the residents served; a tourist -oriented area where hotels, motels, and gasoline stations are located;a large integrated shopping center;a business strip along a main street containing offices, retail business, and commercial enterprises; a central business district; or a commercially- dominated area with limited multiple-unit dwellings. Construction Activities means any and all activity incidental to the erection,demolition,assembling, alteration,installation,or equipping of buildings,structures,roads,appurtenances thereof,including land clearing, grading, excavating, and filling. dB(A) means a sound level in decibels measured in the"A" scale of a standard sound level meter having characteristics defined by the American National Standards Institute, publication S1.4-1971. Decibel means a unit used to express the magnitude of a change in sound level. The difference in decibels between two sound pressure levels is twenty times the common logarithm of the ratio of that sound pressure level to a reference level of 2X10-5N/m2. Device means any equipment or mechanism which is intended to produce, or which produces, sound when installed, used, or operated. Excessive Noise means any sound which is, or may be: a. Harmful or injurious to the health, safety, or welfare of any individual; b. Of such a volume, frequency, and/or intensity that it unreasonably interferes with the enjoyment of life, quiet, comfort, or outdoor recreation of an individual of ordinary sensitivity and habits; or c. Unreasonably interferes with the value of real property or any business conducted thereon. Industrial Area means an area where manufacturing, processing,or fabrication of any commodity, storage and warehousing,wholesale sales of equipment, materials and supplies, repair, servicing and rental of vehicles and other commodities, and other similar activities are conducted. Muffler means a device consisting of a series of chambers or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and which is effective in reducing noise. Person means any individual, association, partnership, or corporation, and includes any officer, employee, department, agency, or instrumentality of any association, partnership, or corporation, or the state or any instrumentality of the state. Property Boundary means an imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including property divisions within a building. Public Right-of-Way means any street, avenue, boulevard, highway, sidewalk, or alley or similar place which is owned or controlled by a governmental entity. Public Space means any real property or structures thereon which are owned or controlled by a governmental entity. Residential Property means any property which is occupied by a residence, including single-family or multi-family dwellings and apartments, and is located in a platted major residential subdivision, planned unit development, or minor subdivision, or is located in the R, R-1, R-2, E, E-1, M, or M-1 Zone Districts. It also includes hotels and motels, educational facilities, hospitals and nursing homes and similar institutions. Undeveloped areas adjacent to residential areas are considered to be residential areas for purposes of this Division of the Code. Sound means an oscillation in pressure, stress, particle displacement, particle velocity, or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound, including duration, intensity, and frequency. Sound Level means the weighted sound pressure level obtained by the use of the sound level meter and frequency weighing network, as specified in the American National Standards Institute Specifications. Sound Pressure means the instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space as produced by sound energy. Sound Producing Device means any equipment or machine for the production, reproduction, or amplification of speech, music or other sound, including, but not limited to, radios, televisions, phonographs, tape or compact disc players, musical instruments, walkie-talkies, CD radios, or synthesizers. Vehicle means any device which is capable of moving itself, or of being moved,from place to place upon wheels or endless tracks. Vehicle does not include any wheelchair, as defined by Section 42-1-102(113), C.R.S., any farm tractor or implement of husbandry designed primarily or exclusively for use and used in agricultural operations; any device moved by muscle power; any device moved exclusively over stationary rails or tracks; or any device designed to move primarily through the air. Sec. 14-9-20. Prohibition of Excessive Noise. A. No person shall engage in the following activities: 1. Knowingly make, cause, or permit to be made, or continue any excessive noise, as defined in this Division of the Code. 2. Exceed the sound levels provided for in the following Section 14-9-30, and as measured in Section 14-9-40, below. 3. Operate a vehicle in a public right-of-way and exceed the sound level provided for in Section 14-9-40, below. Sec. 14-9-30. Maximum Permissible Noise Levels. A. Sound levels shall be measured as provided for in Section 14-9-40, below. B. Sound levels are hereby established for each type of property during specific hours of the day. Any sound level which exceeds the level set for a type of property at any time of day is prohibited. Maximum Noise Maximum Noise (dB(A)) (dB(A)) Land Use 7:00 a.m. - 9:00 p.m. 9:00 p.m. - 7:00 a.m. Residential Property 55 dB(A) 50 dB(A) or Commercial Area Industrial Area or 80 dB(A) 75 dB(A) Construction Activities Non-Specified Areas 55 dB(A) 50 dB(A) C. Between the hours of 9:00 a.m., and 7:00 p.m., the noise levels set forth above may be exceeded by up to ten decibels for up to fifteen minutes in a one-hour period. D. Vehicles operating in the public right-of-way are subject to the following maximum noise levels: Maximum Noise in Maximum Noise in Speed Limit 35 m.p.h. Speed Limit over or less zone 35 m.p.h. zone Vehicle Class (GVWR) Manufacturer's gross vehicle 86 90 weight rating (MGWR) over 10,000 pounds (4,536 kg), or any combination of vehicles towed by such motor vehicle. Any other motor vehicle or 80 84 any combination of vehicles towed by any motor vehicle, including, but not limited to, automobiles, motorcycles, vans, or light trucks, with a gross vehicle weight rating (GVWR) less than 10,000 pounds (4,536 kg). E. No person shall operate, anywhere in Weld County, any vehicle that is not equipped with a muffler in constant operation which is properly maintained to prevent noise in excess of that set forth in this Section; nor shall any person operate, in unincorporated Weld County, any vehicle having a muffler that has been equipped or modified with a cutoff, bypass, or similar device or modification. Sec. 14-9-40. Measurement and Classification of Noise. A. For the purpose of measuring a noise to determine if a person has violated Section 14-9-30 of this Division, the following requirements for measurements must be met: 1. A noise originating within a public right-of-way, or other public land shall be measured at a distance of at least twenty-five(25)feet from the source of the noise. 2. A noise originating on private property shall be measured at,or within,the boundary of the property from which the noise complaint is made. 3. A noise shall be measured on a weighing scale on a sound level meter of standard design and quality and in accordance with the standards promulgated with the American National Standards Institute. 4. Measurements with sound level meters shall be made when a wind velocity at the time and place of such measurement is not more than five (5) miles per hour, or more than twenty-five(25)miles per hour with a windscreen properly attached to the microphone. 5. Vehicle noise shall be measured at a distance of at least twenty-five(25)feet from the mid point of the lane being monitored, and at a height of at least four (4) feet above the immediate surrounding surface. B. No person shall operate, or cause to be operated, a motor vehicle, including a motorcycle, off a public right-of-way in a manner that causes the emission of a sound level which exceeds the limits set forth in Section 14-9-30. Sec. 14-9-50. Exceptions. The provisions of this Division of the Code shall not apply to: A. Any noise resulting from any authorized emergency vehicle responding to an emergency call or acting in time of emergency. B. The sound made by any burglar, fire, personal safety, or other warning device. C. Any noise made during the operation of aircraft or other activities which are preempted by federal law, with respect to noise control. D. Any noise made during the operation of agricultural equipment which is used on a farm or ranch in the production of agricultural products. E. Sounds made by dogs and by farm animals, including but not limited to, bovines, goats, horses, fowl, and llamas. F. Any noise related to the operation of a railroad. G. Any noise related to the production, promotion, or holding of cultural, entertainment, athletic,or patriotic events, (including, but not limited to,concerts),which are sponsored by the state, any political subdivision of the state, or any of their lessees, licensees, or permittees. H. Any noise related to the use of property for the purposes of conducting speed or endurance events involving motor or other vehicles, but only where such use has been authorized by resolution, variance permit, or nonconforming use authorized by the political subdivision or governmental agency having jurisdiction to authorize such use,and only during the specific period of time that such use is authorized. Any noise made by public utilities regulated pursuant to Title 40, C.R.S. J. The sound made by a lawnmower, snow blower, or other power or hand tool. K. Any noise related to a temporary assemblage permitted by the Board of County Commissioners pursuant to the provisions set forth in Chapter 12, Article I, of this Code. L. Any noise produced in the course of normal mining operations or oil and gas exploration, drilling, and production. M. Any noise produced by persons engaged in lawful hunting activities or from properties used by gun clubs. N. Any noise produced at a construction site. Sec. 14-9-60. Violations and Penalties. A. Any law enforcement officer, authorized officers of the Weld County Department of Planning Services, or the Health Official of Weld County is authorized to issue citations, summons, and complaints for violations of Sections 14-9-30 and 14-9-40. B. Violations of provision of this Division of the Code shall constitute a Class II petty offense. In addition, violations of this Division of the Code may be enforced through the penalty assessment procedure set forth in Section 16-2-201, C.R.S. . C. The graduated fine schedule for the penalty assessment procedure is: 1) $30.00 for the first violation. 2) $60.00 for the second violation within twelve (12) months of the first violation. 3) $300.00 for each successive violation within twelve(12)months of the first violation. 4) In addition to any other penalty, persons convicted of a violation of this ordinance shall be subject to a surcharge of$10.00 payable to the Clerk of the Court. Sec. 14-9-70. Prosecution. It is the responsibility of the County Attorney to enforce the provisions of this Division of the Code, according to the County Court Rules of Criminal Procedure. Sec. 14-9-80. Civil Enforcement. The Board of County Commissioners may seek civil relief, including, but not limited to, injunctive relief and mandamus, to enforce the provisions of this Division of the Code. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization,grammar,and numbering or placement of chapters,articles,divisions,sections,and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section,subsection,paragraph,sentence,clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. NOTICE PURSUANT to the Weld County Home Rule Charter, Ordinance Number 2008-4 published above,was introduced and,on motion duly made and seconded on March 10,2008,was continued to April 7, 2008, at which time it was approved upon first reading. A public hearing and second reading is scheduled to be held in the Chambers of the Board, First Floor Hearing Room, 915 10th Street, Greeley, Colorado 80631, on April 28, 2008. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 336-7215, Extension 4225, or fax (970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, Third Floor, 915 10th Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mail correspondence into the case file, please send a copy to egesick@co.weld.co.us. SECOND READING: April 28, 2008, at 9:00 a.m. THIRD READING: May 19, 2008, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: April 11, 2008 PUBLISHED: April 16, 2008, in the Fort Lupton Press PROOF OF PUBLICATION WELD NANCE2 locaten an area with local CODE ORDINANCE 20084 shopping and service FORT LUPTON establishmentsstance of the located within i REPEALING MATTER AND servwalked;altourist-oriented residents STATE OF COLORADO REENACTING, WITH where hotels,motels,and gasoline AMENDMENTS, CHAPTER 14 stations are located;a large COUNTY OF WELD SS. HEALTH AND ANIMALS, OF integrated shopping center,a THE WELD COUNTY CODE business strip along a main street containing offices,retail business, BE IT ORDAINED BY THE and commercial enterprises;a BOARD OF COUNTY central business district;or a COMMISSIONERS OF THE commercially-dominated area with COUNTY OF WELD, STATE OF limited multiple-unit dwellings. I, Karen Lambert, do solemnly swear that I COLORADO: Conam the Publisher of the Fort Lupton Press; County all activity incidental Activities means t any WHEREAS, the Board ofCounty and of ad to tit, Commissioners of the of erection, demolition, assembling, that the same is a weekly newspaper printed Weld,State of Colorado,pursuant alteration, installation, or to Colorado statute and the Weld equipping of buildings,structures, and published in the County of Weld, State County Home Rule Charter, is roads, appurtenances thereof, vested with the authority of including land clearing, grading, of Colorado, and has a general circulation administering the affairs of Weld excavating,and filling. County,Colorado,and therein; that said newspaper has been WHEREAS, the Board of County dB(A) means a sound level in Commissioners,on December 28, decibels measured in the"A"scale published continuously and uninterruptedly 2000,adopted Weld County Code of a standard sound level meter Ordinance 2000-1, enacting a having characteristics defined by in said county of Weld for a period of more comprehensive Code for the the American National Standards County of Weld, including the Institute,publication S1.4-1971. than fifty-two consecutive weeks prior to the codification of all previously adopted ordinances of a general Decibel means a unit used to first publication of the annexed legal notice and permanent nature enacted on express the magnitude of a or before said date of adoption, change in sound level. The or advertisement; that said newspaper has and difference in decibels between two WHEREAS, the Weld County sound pressure levels is twenty been admitted to the United States mails as Code is in need of revision and times the common logarithm of the clarification with regard to ratio of that sound pressure level second-class matter under the provisions of procedures, terms, and to a reference level of 2X10- the act of March 3, 1879, or any NOW, ents Erein. 5N/m2. NOW, THEREFORE, BE IT ORDAINED by the Board of Device means any equipment or amendments thereof, and that said County Commissioners of the mechanism which is intended to County of Weld, State of produce, or which produces, newspaper is a weekly newspaper duly Colorado, that certain existing sound when installed, used, or Chapters of the Weld County operated. qualified for publishing legal notices and Code be, and hereby are, repealed and re-enacted, with Excessive Noise means any advertisements within the meaning of the amendments, and the various sound which is,or may be; Chapters are revised to read as laws of the State of Colorado. That the follows. a. Harmful or injurious to the health, safety, or welfare of any annexed legal notice or advertisement was CHAPTER 14 individual; HEALTH AND ANIMALS published in the regular and entire issue of b. Of such a volume, frequency, Add the following: and/or intensity that it every number of said weekly newspaper for ARTICLE IX unreasonably interferes with the Noise enjoyment of life,quiet,comfort,or the period of 1 consecutive insertion(s); and outdoor recreation of an individual that the first publication of said notice was in Sec Applicability.14-9-10. or tend ordinary sens ivity and habits; the issue of newspaper, dated 16th day of A. It is hereby declared to be the c.Unreasonably interferes with the intent of the Board of County value of real property or any April, 2008, and the last on the 16th day of Commissioners of Weld County to business conducted thereon. protect the citizens of the County April, 2008. from excessive, unreasonable, Industrial Area means an area and unnecessary noise. where manufacturing, processing, or fabrication of any commodity, B.This provision of the Code shall storage and warehousing, apply within the unincorporated wholesale sales of equipment, territory of Weld County. materials and supplies, repair, servicing and rental of vehicles Sec.14-9.20.Definitions, and other commodities,and other similar activities are conducted. For purposes of this Division of the Code,certain terms or words used Muffler means a device consisting herein shall be interpreted as of a series of chambers or baffle defined in this Section. The plates or other mechanical design _ following specific words and for the purpose of receiving phrases, when appearing in this exhaust gas from an internal Chapter in uppercase letters,shall combustion engine and which is have the meanings stated in this effective in reducing noise. Section. Person means any individual, Agricultural Equipment means any association, partnership, or `A equipment, vehicle, machine, or corporation, and includes any .y�l device which is used on a farm or officer, employee, department, ranch,as those terms are defined agency, or instrumentality of any in Sections 31-1-102(3.5)and 31- association, partnership, or 1-102 (13.5), C.R.S., for the corporation, or the state or any planting growing, and harvesting instrumentality of the state. of agricultural products,or for the Publisher. Subscribed and sworn b 00�LOP�i raising, care, maintenance, Property Boundary means an breeding, and production of imaginary line along the ground 14th day of April, 2008. w ``oTARY livestock. Agricultural equipment surface and its vertical extension, '` includes airplanes used for crop which separates the real property dusting. owned by one person from that —0-0r<>- owned by another person,but not N �1r�vr(�� q _o Ambient Noise Level means the including property divisions within .� ff1 lowest sound level repeating itself a building. 9 P during a six-minute period, as r O {y measured with a sound level Public Right-of-Way means any (?),c,)_ €,,_. �---� OF CO,(v'0 c�� meter. The minimum sound level street, avenue, boulevard, shall be determined with the noise highway, sidewalk, or alley or source silent and in the same similar place which is owned or Notary Public. location as the measurement of controlled by a governmental the sound level of the source entity. when emitting the sound under investigation. Pull3 role.40181191RB'�st gh1 n. m, m ri,rec rarann Residential Property means any Activities 80 dB(A) 4.Measuremr property which is occupied by a meters shall 6 residence, including single-family Non-Specified Areas 55 dB(A) velocity at ih or multi-family dwellings and such measur apartments, and is located in a Maximum Noise(dB(A)) than five (5) platted major residential Land Use 9:00 p.m-7:00 a.m. more than M subdivision, planned unit per hour v development, or minor Residential Property or properly a subdivision,or is located in the R, Commercial Area 50 dB(A) microphone. R-1, R-2,E,E-1,M,or M-1 Zone Districts. It also includes hotels Industrial Area or 75 dB(A) 5. Vehicle and motels, educational facilities, Construction Activities measured at I hospitals and nursing homes and twenty-five (2 similar institutions. Undeveloped Non-Specified Areas 50 dB(A) point of the le areas adjacent to residential areas and at a heigi are considered to be residential C. Between the hours of 9:00 feet above areas for purposes of this Division a.m., and 7:00 p.m., the noise surrounding s' of the Code. levels set forth above may be exceeded by up to ten decibels for B. No perso Sound means an oscillation in up to fifteen minutes in a ones cause to be pressure, stress, particle 'hour period, vehicle,incluc displacement, particle velocity, or a public right other physical parameter, in a D.Vehicles operating in the public that causes medium with internal forces. The right-of-way are subject to the sound level description of sound may include following maximum noise levels: limits set fort) any characteristic of such sound, '30. including duration, intensity, and Maximum Noise in Speed Limit frequency. 35 m.p.h.or less zone Sec.14-9 Sound Level means the weighted Vehicle Class(GVWR) The provision sound pressure level obtained by the Code shal the use of the sound level meter Manufacturer's gross vehicle and frequency weighing network, weight rating(MGWR)over A. Any noise as specified in the American 10,000 pounds(4,536 kg), authonzed ' National Standards Institute or any combination of vehicles responding tc ' Specifications. towed by such motor vehicle.=86 or acting in tin Sound Pressure means the Any other motor vehicle or B. The sou instantaneous difference between any combination of vehicles burglar, fire, the actual pressure and the towed by any motor vehicle, other warning average or barometric pressure at including,but not limited to, a given point in space as automobiles,motorcycles,vans, C. Any noise produced by sound energy, or light trucks,with a gross operation of vehicle weight rating(GVWR) activities whic Sound Producing Device means less than 10,000 pounds (4,536 federal law, v any equipment or machine for the kg).=80 control. production, reproduction, or amplification of speech, music or D. Any nois other sound, including, but not Maximum Noise in Speed Limit operation of a limited to, radios, televisions, over 35 m.p.h.zone which is uses phonographs, tape or compact in the produ disc players, musical Instruments, Vehicle Class(GVWR) products, walkie-talkies, CD radios, or synthesizers. E. Sounds m, Manufacturer's gross vehicle farm animals Vehicle means any device which weight rating(MGWR)over limited to,bm is capable of moving itself, or of 10,000 pounds(4,536 kg), fowl,and liam being moved,from place to place or any combination of vehicles upon wheels or endless tracks. towed by such motor vehicle.=80 F. Any not Vehicle does not include any operation of a wheelchair,as defined by Section My other motor vehicle or 42-1-102(113), C.R.S., any farm any combination of vehicles G. Any not tractor or implement of husbandry towed by any motor vehicle, production, p designed primarily or exclusively Including,but not limited to, of cultural, en for use and used in agricultural automobiles,motorcycles,vans, or patriotic et operations; any device moved by or light trucks,with a gross not limited to, muscle power; any device moved vehicle weight rating(GVWR) sponsored t exclusively over stationary rails or less than 10,000 pounds (4,536 political subdi' tracks; or any device designed to kg).=84 any of their If move primarily through the air. permittees. E. No person shall operate, Sec.14-9-20.Prohibition of anywhere in Weld County, any H.Any noise Excessive Noise. vehicle that is not equipped with a property for muffler in constant operation conducting s A. No person shall engage in the which is properly maintained to events involy following activities: prevent noise In excess of that set vehicles,but' forth in this Section;nor shall any has been autt 1. Knowingly make, cause, or person operate,in unincorporated variance perry permit to be made, or continue Weld County,any vehicle having a use authorize any excessive noise,as defined in muffler that has been equipped or subdivision this Division of the Code. modified with a cutoff, bypass, or agency haw similar device or modification. authorize su 2. Exceed the sound levels during the sp provided for in the following Sec.14-9-40.Measurement and that such use Section 14-9-30,and as measured Classification of Noise. in Section 14-9-40,below. I. Any noisi A.For the purpose of measuring a utilities regula 3. Operate a vehicle in a public noise to determine 8 a person has 40,C.R.S. right-of-way and exceed the sound violated Section 14-9-30 of this level provided for in Section 14-9- Division, the following J. The soi 40,below. requirements for measurements lawnmower,s must be met: power or hanc Sec.14-9-30.Maximum Permissible Noise Levels. 1. A noise originating within a K. Any no public right-of-way,or other public temporary as A.Sound levels shall be measured land shall be measured at a by the B as provided for in Section 14-9-40, distance of at least twenty-five Commissions below. (25) feet from the source of the provisions set noise. Article I,of the: B. Sound levels are hereby established for each type of 2. A noise originating on private L. Any nois properly during specific hours of property shall be measured at,or course of the day. Any sound level which within, the boundary of the operations • exceeds the level set for a type of property from which the noise exploration, property at any time of day is complaint is made. production. prohibited. 3.A noise shall be measured on a Maximum Noise(dB(A)) weighing scale on a sound level M.Any noise Land Use 7:00 a.m.-9:00 p.m. meter of standard design and engaged it qualea a{limiter'6 « tit activities onunor fi RncideMial Prnnnrly IanAA'", tthe' ho nun othe r Greeley,Colorado 80631,on April 28,2008.All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone(970)336- 7215,Extension 4225,or fax(970) 352-0242, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners,located in the Weld County Centennial Center, Third Floor, 915 10th Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m.. Monday thru Friday, or may be accessed through the Weld County Web Page(www.co.weld.co.us). E-Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E-Mall correspondence into the case file, please send a copy to egesick@co.weld.co.us. SECOND READING:April 28, 2008,at 9:00 a.m. THIRD READING:May 19,2008, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY,COLORADO DATED:April 11,2008 PUBLISHED:April 16,2008,in the Fort Lupton Press CASE NO.401951 key 50961 Hello