(1)Every activity to which
this article is applicable shall be conducted in a manner so that any noise produced
is not objectionable due to intermittence, beat frequency, or shrillness. Sound
levels of noise radiating from a property line at a distance of twenty-five feet or
more therefrom in excess of the db(A) established for the following time periods
and zones shall constitute prima facie evidence that such noise is a public nuisance:
7:00 a.m. to 7:00 p.m. to
Zone next 7:00 p.m. next 7:00 a.m.
Residential 55 db(A) 50 db(A)
Commercial 60 db(A) 55 db(A)
Light industrial 70 db(A) 65 db(A)
Industrial 80 db(A) 75 db(A)
(2)In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels
permitted in subsection (1) of this section may be increased by ten db(A) for a per
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(1) Every activity to which
this article is applicable shall be conducted in a manner so that any noise produced
is not objectionable due to intermittence, beat frequency, or shrillness. Sound
levels of noise radiating from a property line at a distance of twenty-five feet or
more therefrom in excess of the db(A) established for the following time periods
and zones shall constitute prima facie evidence that such noise is a public nuisance:
7:00 a.m. to 7:00 p.m. to
Zone next 7:00 p.m. next 7:00 a.m.
Residential 55 db(A) 50 db(A)
Commercial 60 db(A) 55 db(A)
Light industrial 70 db(A) 65 db(A)
Industrial 80 db(A) 75 db(A)
(2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels
permitted in subsection (1) of this section may be increased by ten db(A) for a period
of not to exceed fifteen minutes in any one-hour period.
(3) Periodic, impulsive, or shrill noises shall be considered a public nuisance
when such noises are at a sound level of five db(A) less than those listed in
subsection (1) of this section.
(4) This article is not intended to apply to the operation of aircraft or to other
activities which are subject to federal law with respect to noise control.
(5) Construction projects shall be subject to the maximum permissible noise
levels specified for industrial zones for the period within which construction is to be
completed pursuant to any applicable construction permit issued by proper
authority or, if no time limitation is imposed, for a reasonable period of time for
completion of project.
(6) All railroad rights-of-way shall be considered as industrial zones for the
purposes of this article, and the operation of trains shall be subject to the maximum
permissible noise levels specified for such zone.
(7) This article is not applicable to the use of property for purposes of
conducting speed or endurance events involving motor or other vehicles, but such
exception is effective only during the specific period of time within which such use
of the property is authorized by the political subdivision or governmental agency
having lawful jurisdiction to authorize such use.
(8) For the purposes of this article, measurements with sound level meters
shall be made when the wind velocity at the time and place of such measurement is
not more than five miles per hour.
(9) In all sound level measurements, consideration shall be given to the
effect of the ambient noise level created by the encompassing noise of the
environment from all sources at the time and place of such sound level
measurement.
(10) This article is not applicable to the use of property for the purpose of
manufacturing, maintaining, or grooming machine-made snow. This subsection (10)
shall not be construed to preempt or limit the authority of any political subdivision
having jurisdiction to regulate noise abatement.
(11) This article is not applicable to the use of property by this state, any
political subdivision of this state, or any other entity not organized for profit,
including, but not limited to, nonprofit corporations, or any of their lessees,
licensees, or permittees, for the purpose of promoting, producing, or holding
cultural, entertainment, athletic, or patriotic events, including, but not limited to,
concerts, music festivals, and fireworks displays. This subsection (11) shall not be
construed to preempt or limit the authority of any political subdivision having
jurisdiction to regulate noise abatement.
(12) (a) Notwithstanding subsection (1) of this section, the public utilities
commission may determine, while reviewing utility applications for certificates of
public convenience and necessity for electric transmission facilities, whether
projected noise levels for electric transmission facilities are reasonable. Such
determination shall take into account concerns raised by participants in the
commission proceeding and the alternatives available to a utility to meet the need
for electric transmission facilities. When applying, the utility shall provide notice of
its application to all municipalities and counties where the proposed electric
transmission facilities will be located. The public utilities commission shall afford
the public an opportunity to participate in all proceedings in which permissible
noise levels are established according to the Public Utilities Law, articles 1 to 7 of
title 40, C.R.S.
(b) Because of the statewide need for reliable electric service and the public
benefit provided by electric transmission facilities, notwithstanding any other
provision of law, no municipality or county may adopt an ordinance or resolution
setting noise standards for electric transmission facilities that are more restrictive
than this subsection (12). The owner or operator of an electric transmission facility
shall not be liable in a civil action based upon noise emitted by electric transmission
facilities that comply with this subsection (12).
(c) For the purposes of this section:
(I) Electric transmission facility means a power line or other facility that
transmits electrical current and operates at a voltage level greater than or equal to
44 kilovolts.
(II) Rights-of-way for electric transmission facilities means all property
rights and interests obtained by the owner or operator of an electric transmission
facility for the purpose of constructing, maintaining, or operating the electric
transmission facility.