§ 8.20.040. Maximum permissible noise levels.

Sound levels of noise radiating from a property line at a distance of twenty-five (25) feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance and a violation of the Town code subjecting the offenders to penalties as set forth in this code.

Zone	7:00 a.m. to next 7:00 p.m.	7:00 p.m. to next 7:00 a.m.
Residential	55 db(A)	50 db(A)
Commercial	60 db(A)	55 db(A)
Light industrial	70 db(A)	65 db(A)
Industrial	80 db(A)	75 db(A)

 

A.

In the hours between seven a.m. and the next seven p.m., the noise levels permitted in this section may be increased by ten (10) db(A) for a period of not to exceed fifteen (15) minutes in any one-hour period.

B.

Periodic, impulsive or shrill noises shall be considered a violation when such noises are at a sound level of five db(A) less than those listed in this section.

C.

This chapter is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control.

D.

Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones 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, for a reasonable period of time for competition of project.

E.

All railroad rights-of-way shall be considered as industrial zones for purposes of this chapter, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone.

It is unlawful for trains operating within the Town of Monument to blow or sound their whistles or to make, continue or cause to be made or continued, any loud, unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, convenience, health, peace or safety of others, at intersections or crossings within the Town of Monument town limits between the hours of eleven p.m. and six a.m., mountain time, unless, due to specific circumstances surrounding the crossing at that time, blowing or sounding of the whistle is required in the exercise of due care and deemed necessary for safety. This shall be in addition to the prohibitions on noise relative to industrial standards stated elsewhere in this subsection.

F.

This chapter is not applicable to 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.

G.

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.

H.

This chapter is not applicable to the use of property by the state, any political subdivision of the 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. This subsection shall not be construed to limit the authority of any political subdivision having jurisdiction to regulate noise abatement pursuant to ordinance or any permit which may be issued for the activity or event.

(Ord. 23-2005 § 1; Ord. 19-2000 § 1 (part): prior code § 6-7-1(d))