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CODE ORDINANCE 2008-4
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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hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to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.
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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.
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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:
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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:
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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.
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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 .
I . 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 .
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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.
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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 .
The above and foregoing Ordinance Number 2008-4 was, on motion duly made and
seconded , adopted by the following vote on the 19th day of May, A. D. , 2008.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
William H . Jerke, Chair
Weld County Clerk to the Board
Robed D. Masden, Pro-Tem
BY:
Deputy Clerk to the Board
William F. Garcia
APPROVED AS TO FORM:
David E. Long
County Attorney
Douglas Rademacher
First Reading: March 10, 2008
Continued to: April 7, 2008
Publication : April 16, 2008, in the Fort Lupton Press
Second Reading : April 28, 2008
Publication : May 7, 2008, in the Fort Lupton Press
Final Reading : May 19, 2008
Publication: May 28, 2008, in the Fort Lupton Press
Effective: June 2 , 2008
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