HomeMy WebLinkAbout07373ORDINANCE NO. 7373
AN ORDINANCE AMENDING SECTION 607 OF CHAPTER 1, TITLE XI OF THE PUEBLO
MUNICIPAL CODE RELATING TO NOISE AND LIMITING THE APPLICATION THEREOF TO
600 OR MORE - MEGAWATT ELECTRIC POWER GENERA -TION FACILITIES THEREFROM
SO LONG AS SUCH FACILITIES ARE IN COMPLIANCE WITH APPLICABLE STATE NOISE
REGULATIONS
WHEREAS, 600 or more - megawatt electric power generation facilities are regulated by
state noise regulations, currently codified as Section 25 -12 -103, C.R.S. ( "State Noise
Regulations "), and
WHEREAS, in order to promote certainty and consistency in regulating such electric
power generation facilities, it would be in the best interest of the City to limit the application of
City's noise ordinances to such facilities so long as they are in compliance with State Noise
Regulations. NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
Subsection (d) of Section 607 of Chapter 1, Title XI of the Pueblo Municipal Code is
hereby amended by the addition of a new paragraph (9) thereto to read as follows:
This Section is not applicable to 600 or more - megawatt electric power
generation facilities which are operated and maintained in compliance with the noise
levels and standards set forth in state noise regulations, currently codified as Section 25-
12 -103, C.R.S. (as now or hereafter adopted).
SECTION 2
If any provision of this Ordinance or Section of the Pueblo Municipal Code hereby
adopted is determined by a court of competent jurisdiction to be invalid, such determination
shall not invalidate the remaining provisions thereof.
SECTION 3
This Ordinance shall become effective upon final passage and approval.
INTRODUCED August 22, 2005
BY Michael Occhiato
Councilperson
APPROVED:
PREMENT 9F CITY CPIPCIL
ATTESTED BY:
CITY CLERIC
PASSED AND APPROVED September 12, 2005
a ED D
0
Background Paper for Proposed
ORDINANCE
0& x'1373
AGENDA ITEM #-
DATE: August 22, 2005
DEPARTMENT: Law Department
TITLE
AN ORDINANCE AMENDING SECTION 607 OF CHAPTER 1, TITLE XI OF THE
PUEBLO MUNICIPAL CODE RELATING TO NOISE AND LIMITING THE
APPLICATION THEREOF TO 600 OR MORE - MEGAWATT ELECTRIC POWER
GENERATION FACILITIES THEREFROM SO LONG AS SUCH FACILITIES ARE
IN COMPLIANCE WITH APPLICABLE STATE NOISE REGULATIONS
ISSUE
Should the City Council approve the Ordinance?
RECOMMENDATION
Approve the Ordinance.
BACKGROUND
600 or more - megawatt electric power generation facilities are regulated by state
noise regulations. In order to promote certainty and consistency in regulating such
electric power generation facilities, the City's noise ordinance should not apply to
such facilities so long as they are operated and maintained in compliance with state
noise regulations.
FINANCIAL IMPACT
None.