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<br />J45 Noix Abatement 25.12.102
<br />authority of the federal government to perform remedial action terminates
<br />under the provisions of section 112 (a) of Pubec Law 95-604.
<br />Source: L. 79, p. 1070, § I.
<br />Aver Jv.74 See AIA Am. lur.74, Pollution
<br />Canud. { T77.
<br />ARTICLE 12
<br />Noise Abatemeol
<br />23.12.101. Layilauvedcluation. 23•ILIm. Ywlation dinjunction-Peo-
<br />Ii I2-IOi Definitions. atty.
<br />2512-I07. Maaittum permiailble vdse 27•ILIOA Noire maWctiona - wle d
<br />levelr. new vehicles.
<br />211LI01. Aaiun to abate. 2LILIm. Po~wsof laW authoritin.
<br />2SILIOx Preanlxian.
<br />2SILI01. Legislative declaration. The grneral azxmbly finds and declares
<br />That noiu is a major source of envvonmental pollution which rcpresenLS a
<br />threat to the serenity and quality of efe im the state of Colorado. Excess
<br />noix o[trn has an adverse physiological and psychological effect on human
<br />beings, thus contributing to an economic loss to [he community. Accordingly,
<br />it is the policy of the general asxmbly to establish statewide standards for
<br />noix level limits tort various time periods and areas. Noise in excess of the
<br />limits provided in this riicle constitutes a pubec nuisance.
<br />Source: L. 71, p. 647, S 1; C.R.S. 1%3, 4 66351.
<br />Appaed iv Gry of [~kewood v. DeROm,
<br />_ Cdo. App. _. Alt P.2e uw U91q.
<br />2S1L102 monitions. As used in this article, unless the context otherwise
<br />requves:
<br />(1) "Commercial zone" means:
<br />(a) M arcs where offices, clinics, and the facilities needed to serve them
<br />arc located;
<br />(b) M area with local shopping and service establishments located within
<br />walking distances of the residents served;
<br />(c) A touristoriented area where hotels, motels, and gasoline stations are
<br />located;
<br />(d) A large integrated regional shopping center;
<br />(e) A business strip along a main street containing offices, retail
<br />businesxs, and commercial enterprixs;
<br />(t) A crntral business district; err
<br />(g) A commercially dominated area with multiplevoit dwellings.
<br />2512-102. Definitions. (2) "db(A)" mrans wand levels io decibels mea-
<br />sured on the "A" scale o(a standard wand level maser having charaneristics
<br />defined by the American national standards insti[u[e, Dublintion Sl. 4 -
<br />1971.
<br />Sourx:: Amrnded, L 86, D~ 501, § 121.
<br />(7) "Decibel" is a unit uxd to express the magnitude o[ a change in
<br />wand level. The difference in decibels between two sound pressure Icvels
<br />is twenty limes the common logarithm of their ratio. In wand pressure mea-
<br />surements sound levels are defined as twenty times the common logarithm
<br />of the ratio of that sound pressure level to a reference level of 2 x 10-5 Nlln2
<br />(Newton'slmeter squared). As an example of the effect of [he formula, a
<br />three-decibel change is a one hundred percen[ increase or decrease in the
<br />sound level, and a tendecibel change is a one thousand percent increase or
<br />decrease in the sound level.
<br />(4) "Industrial zone" means an area in which noix restrictions on indus-
<br />try arc necessary to protect the value of adjacent properties for other eco-
<br />nomic activity but shall not include agricultural operations.
<br />(S) "Light industrial and commercial zone" means:
<br />(a) M area containing clean and quiet research laboratories;
<br />(b) M area containing light industrial activities which are clean and quiet;
<br />(c) M area containing warehousing; or
<br />(d) M area in which other activities are conducted where the general
<br />rnvvonment is free from concentrated industrial activity.
<br />(~ "Residential zone" means an ares o[ single-family or multifamily
<br />dwellings where businesxs may or may na be conducted in such dwellings.
<br />The zone includes areas where multipleuni[ dwellings, high-rix apartment
<br />districts, and redevelopment districts are Ioca[ed. A residential zone tray
<br />include areas containing accommodations for transients such as motels and
<br />hotels and residential areaz with limited office development, but it may not
<br />include retail shopping facilities. "Residrntial zone" includes hospitals, nurs-
<br />ing homes, and similar institutional facilities.
<br />Scarce: L. 71, p. 647, 4 I; C.R.S. I%3. S 66752; L. 73, p. 1406, S 47.
<br />
<br />SSILIOJ. M1taumum permissible noise lerels. (1) Every aAirity to which
<br />this article is applicable shall be conducted in a manner so that my nax
<br />produced is not objectionable due to intermittence, beat [regttmcy, or
<br />shrillness. Sound levels of noise radiating from a property line ar adistance
<br />of twenty-five feet or more therefrom in excess of the db(A) established for
<br />the following time periods and zones shall constitute prima facie evidence
<br />that such noix is a public nuisance:
<br />7:00 a.m. l0 7:00 p.m. to
<br />Tone nes17:00 p.m. next 7:00 a.m.
<br />Residential SS db(A) 50 db(N
<br />Commercial 60 db(A) SS db(A)
<br />Light industrial 70 db(A) 63 db(N
<br />ladustrial 80 db(A) 73 db(N
<br />(Z) N the hours between 7:00 a.m. and the next 7:00 p.m., the noix levels
<br />permitted in wbxetion (1) of this section may be inereastxf by tm db(A)
<br />[or a period of not to exceed fifteen minutes in any one-hour period.
<br />(3) Periodic, impulsive, or shrill noises shall be considered a public nui-
<br />sance when such noises arc at a sound level of five db(A) less thm thou
<br />listed in subsection (I) of this section.
<br />(4) This article is not intended to apply to the operation of aircraft err
<br />to other activities which are subject to federal law with respect to oax con-
<br />trol.
<br />(5) Conswceon projects shall be subject to the maximam permissible
<br />noix levels specsed tort industrial zones tort the period within which con-
<br />struction is to be completed pursuant to any applicable conswction permit
<br />issued by proper authority or, if no time limitation is impose4 fora reason-
<br />able period of time for completion of project.
<br />(~ All raiUoad rights-of-way shall be considered as industrial zones [or
<br />the purposes o[ this article, and the operation of trains shat be wbjat to
<br />the maximum permissible noix Icvels spccitirA for such zone.
<br />l'A This article is not applicable to the use o[ properly for purpoxs of
<br />conducting speed or endurance events involving motor or other vehicles, but
<br />wch exception is effective only during the specific period of time within
<br />which wch ux of the property is authorized by the political subdivision or
<br />governmental agency having lawful jurisdiction to authorize such ux.
<br />(8) For the purposes o[ [his article, measurements with souad level meters
<br />shall be made when the wind velocity at the time and place of wch measure
<br />mrnt is not more than five miles per hour.
<br />(9) Nall sound level measurements, consideration shall 6e given to the
<br />effect of the ambient noise level crea[ed by the encompassing noix of the
<br />environment from all sources at the time and place of such somd level mea-
<br />surement.
<br />(10) This article is not applicable to the uu of properly for the purpose
<br />of manufacturing, maintaining, or grooming machine-made sooty. This sub-
<br />section (10) shall mot be construed [o preempt err limit the mthority of any
<br />poetical subdivision having jurisdiction to regulate noise abatement.
<br />Soar«: L. 71, p. 648, § I; C.R.S. 1%3, 46635.3; L. 82, p 424, S 1.
<br />Am Jv.7d. See AIA Am. Jw.7d, Pdluticn Enarren v. Gry d Whos RidJe. U Cdo.
<br />Gaud. f 267. App. 272.40a P.2d ifll (191fl.
<br />Yedslutld drrdepmmt d tsseprtY V net Applkd in GtY d l~Yerovd v. DeRom.
<br />tstre»>md vi,ctt wise em.natinl onto property -Colo. App. _.NI P.7d 11,011911).
<br />exceeds limin set forth in this section.
<br />2S1b104. Action to abate. Whenever (here is reason to be5eve that a nui-
<br />sance exists, az defined in action 2512-103, any «sident d the state may
<br />maintain an action in equity in the district court of the jtultcial district in
<br />which the alleged nuisance exists to abate and prevent such nuisance and
<br />to perpetually enjoin the person conducting or maintaining the same and the
<br />owner, lessee, or agent of the building or place in or upon which wch nui-
<br />sance exists from directly or indirectly maintaining or permitting wch nui-
<br />sance. Whea proceedings by injunction are instituted, such proceedings shall
<br />be conducted under the Colorado rules of civil procedure. The court may
<br />stay the effect of any order issued under this section tort such time as is
<br />reawnably necessary for the defendant to come into cnnlpeance with the
<br />provisions at this riicle.
<br />Sourer. L. 71, p. 619.4 1: C.R.S. 1%3, 466354.
<br />~ EXHIBIT
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