HomeMy WebLinkAbout08213ORDINANCE NO. 8213
AN ORDINANCE AMENDING SECTION 11-1-201 OF ARTICLE II,
CHAPTER 1, TITLE XI OF THE PUEBLO MUNICIPAL CODE,
PERTAINING TO DISORDERLY CONDUCT COMMITTED
THROUGH EXCESSIVE NOISE, AND PROVIDING PENALTIES
FOR THE VIOLATION THEREOF
WHEREAS, residents and other persons in Pueblo should be able to enjoy their
property and conduct their activities without interference from excessive noise and vibration;
and
WHEREAS, excessive noise and vibration is harmful to public health, safety, and
welfare when it interferes with peace and quiet, sleep, the ability of persons to hear sirens,
warnings, and other critical sounds that need to be heard to prevent injuries, the ability of
people to engage in conversation, and the ability of persons to hear their own radios,
televisions, stereos and other sound producing devices on their own property or in their own
motor vehicles.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that
(brackets indicate matter being deleted; underscoring indicates new matter being added or
reenacted):
SECTION 1.
Section 11-1-201, of Article II, Chapter 1, Title XI of the Pueblo Municipal Code, as
amended, is hereby amended to read as follows:
Sec. 11-1-201. Disorderly conduct.
(a) A person commits disorderly conduct if he or she knowingly or recklessly:
(1) Makes loud or unreasonable noise in a public place or near a private
residence which he or she has no right to occupy;
(2) Insults, taunts or challenges another in a manner likely to provoke and
with the intention of provoking a breach of peace or violence;
(3) Fights with another in a public place except as part of an authorized
amateur or professional contest of athletic skill;
(4) Disturbs the peace and quiet of any apartment, building, condominium,
townhouse or neighborhood by loud or unreasonable noise between the hours of
10:00 p.m. and 7:00 a.m., or, as owner or person in possession or control of any
building or premises, permits or allows, when it is in such person's power to prevent,
loud or unreasonable noises in or upon such building or premises between the hours
of 10:00 p.m. and 7:00 a.m. which disturbs the peace and quiet of the neighborhood
in which such building or premises is situate; or
1
(5) Discharges a firearm within the City or within one-fourth (/4) mile of
the corporate boundary of the City or causes an explosion of powder or other
combustible material, unless licensed or authorized to do so by the Chief of Police or
Fire Chief.
(6) Operates or allows to be operated any radio, stereo, amplifier,
loudspeaker, television, musical instrument or other sound producing device,
in or from real property located within three hundred feet (300) feet of any
dwelling, which is plainly audible to the human ear at a distance of twenty-five
(25) feet or more from the curb line immediately adjacent to the private real
property from which the sound is emanating. This subsection (a)(6) of this
section shall not apply to noise emanating from any publicly owned parks or
facilities, nor from public or private property at an event for which the City has
issued a revocable permit or a special event permit.
(b) Disorderly conduct is a Class 1 municipal offense.
SECTION 2.
Violation of this ordinance shall be a Class 1 municipal offense.
SECTION 3.
Any person who violates this ordinance shall upon conviction therefore, be punished
by a fine of not more than one thousand dollars ($1,000) or imprisonment for not more than
one (1) year, or both such fine and imprisonment, as provided in section 11-1-103, of Article
I, Chapter 1, Title XI of the Pueblo Municipal Code, as amended.
SECTION 4.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: May 24, 2010
BY: Vera Ortegon /COUNCILPERSON
PASSED AND APPROVED: June 14, 2010
Background Paper for Proposed
ORDINANCE
DATE: AGENDA ITEM # R-6
May 24, 2010
DEPARTMENT:
Law Department
Thomas J. Florczak, City Attorney
TITLE
AN ORDINANCE AMENDING SECTION 11-1-201 OF ARTICLE II, CHAPTER 1,
TITLE XI OF THE PUEBLO MUNICIPAL CODE, PERTAINING TO DISORDERLY
CONDUCT COMMITTED THROUGH EXCESSIVE NOISE, AND PROVIDING
PENALTIES FOR THE VIOLATION THEREOF
ISSUE
Should City Council amend the disorderly conduct ordinance to prohibit noise from
musical instruments, stereos and similar devices in residential areas that is plainly
audible more than twenty-five feet from the source?
RECOMMENDATION
A member of the public requested this amendment.
BACKGROUND
On May 10, 2010, Ms. Ginnie Gilmore made a presentation to City Council in which she
requested that City Council amend the City's ordinance to prohibit noise produced by
musical instruments, stereos, and similar devices, that is plainly audible in a residential
area more than twenty five feet away from its source.
FINANCIAL IMPACT
The financial impact is unknown. The ordinance may result in both more calls for
service and more fines.