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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.