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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.