CHAPTER 10.20.- OFFENSES AGAINST THE PUBLIC PEACE

10.20.010. Aggressive begging.

10.20.020. Fighting in public.

10.20.030. Fighting words.

10.20.040. Disrupting of a lawful assembly.

10.20.050. Hindering transportation.

10.20.060. Obstructing highway or other passageway.

10.20.070. Riot.

10.20.080. Schools—Disrupting by use of a vehicle.

10.20.090. Schools—Disturbing classes and functions.

10.20.100. Unreasonable noises prohibited—Prima facie unreasonable noises.

10.20.110. Maximum permissible sound pressure levels—Definitions—Exceptions.

10.20.120. Civil enforcement.

 

10.20.010. Aggressive begging.

No person shall beg aggressively for a gift of money or any thing of value on any public street, sidewalk, way, mall, park, building or other public property while in close proximity to the individual addressed. Aggressive begging means begging accompanied by or followed immediately by one or more of the following:

A. Repeated requests after a refusal by the individual addressed;

B. Blocking the passage of the individual addressed;

C. Addressing fighting words to the individual addressed; or

D. Touching the individual addressed.

(Code 1993, § 10.20.010; Ord. No. O-92-51, § 1)

10.20.020. Fighting in public.

It is unlawful to intentionally, knowingly or recklessly fight, by agreement or otherwise, with another in a public place, except in an amateur or professional contest of athletic skill. It is an affirmative defense that the fighting is in direct response to the initial physical aggression of the other person.

(Code 1993, § 10.20.020; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-9-105(1)(d).

10.20.030. Fighting words.

It is unlawful to knowingly insult, taunt or challenge another in a manner likely to provoke a disorderly response. If the person to whom such insult, taunt or challenge is directed is a police officer, there is no violation of this section until the police officer requests the person to stop the conduct, but the person repeats or continues the conduct.

(Code 1993, § 10.20.030; Ord. No. O-92-51, § 1)

10.20.040. Disrupting of a lawful assembly.

It is unlawful to significantly obstruct or interfere with any lawful meeting, procession or gathering by physical action, verbal utterance or any other means with the intent to prevent or disrupt the meeting, procession or gathering.

(Code 1993, § 10.20.040; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-9-108.

10.20.050. Hindering transportation.

It is unlawful to intentionally and without lawful authority, forcibly stop or hinder the operation of any vehicle used in providing transportation services of any kind to the public or to any person.

(Code 1993, § 10.20.050; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-9-114.

10.20.060. Obstructing highway or other passageway.

A. It is unlawful to, without legal privilege, intentionally, knowingly or recklessly:

1. Obstruct by the placement of one’s person or any object, including any motor vehicle, any highway, street, alley, sidewalk, railway, building entrance, elevator, aisle, stairway or hallway to which the public or a substantial group of the public has access, or any other place used for the passage of persons, vehicles or conveyances, whether the obstruction arises from one’s acts alone or with the acts of others; or

2. Disobey a reasonable request or order to move issued by a person known to be a police officer, a firefighter, or a person with authority to control the use of the premises, to prevent obstruction of a highway or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, accident, condition of risk or other hazard.

B.  As used in this section, “obstruct” means to make impassable or to make passage unreasonably inconvenient or hazardous.

(Code 1993, § 10.20.060; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. § 18-9-107.

10.20.070. Riot.

A. It is unlawful to knowingly engage in a public disturbance involving an assemblage of five or more persons which, by tumultuous and violent conduct, creates real danger of damage or injury to property or persons, or substantially obstructs the performance of any governmental function.

B.  This section shall not apply to any person who employs a deadly weapon or destructive device during rioting.

(Code 1993, § 10.20.070; Ord. No. O-92-51, § 1)

State law reference— Similar provisions, C.R.S. §§ 18-9-101(2), 18-9-104.

10.20.080. Schools—Disrupting by use of a vehicle.

It is unlawful to knowingly park or move a vehicle near or on the grounds of any school facility, or at the site of any school-sponsored function, intending to disrupt the lawful and orderly conduct of the students or employees or to induce or ask of the students any unlawful or immoral act or truancy.

(Code 1993, § 10.20.080; Ord. No. O-92-51, § 1)

State law reference— Interference with staff, faculty, or students of educational institutions, C.R.S. § 18-9-109.

10.20.090. Schools—Disturbing classes and functions.

It is unlawful to intentionally disturb or otherwise prevent the orderly conduct of activities, administration or classes in or about any school facility or at the site of any school-sponsored function.

(Code 1993, § 10.20.090; Ord. No. O-92-51, § 1)

State law reference— Interference with staff, faculty, or students of educational institutions, C.R.S. § 18-9-109.

10.20.100. Unreasonable noises prohibited—Prima facie unreasonable noises.

Notwithstanding section 10.20.110, it is unlawful to intentionally, knowingly or recklessly make, permit or assist another to make unreasonable noise in a public place or near a private residence that a person has no right to occupy, which, under all of the circumstances presented, would cause a person of ordinary sensitivities significant annoyance and irritation. The following noises and circumstances shall be deemed as prima facie unreasonable in the context, however, of the above standards:

A. Amplified sound as defined at section 13.37.020 of this Code audible 25 feet from the source of said sound or within a private residence that the person responsible for the sound has no right to occupy; or

B. Nonlicensed motor vehicle engines, nonvehicular engines and electric and pneumatic tools operated between 10:00 p.m. and 7:00 a.m. and audible 25 feet from the source of the sound or within a private residence that the person responsible for the sound has no right to occupy; or

C. Repair or adjustment of a motor vehicle or other types of machinery or equipment between 10:00 p.m. and 7:00 a.m. which is audible 25 feet from the source of the sound or within a private residence that the person responsible for the sound has no right to occupy; or

D. A gathering of persons engaged in loud and continuing activities continuing for a minimum of 15 minutes between 10:00 p.m. and 7:00 a.m. and audible 25 feet from the source of the sound or within a private residence that the person responsible for the sound has no right to occupy.

Except that amplified sound of 80 decibels or less as measured from the perimeter of the area covered by a use of public places permit for a special event issued pursuant to chapter 13.37 of this Code and city operations such as mowing and maintenance shall not constitute an unreasonable noise.

(Code 1993, § 10.20.100; Ord. No. O-92-51, § 1; Ord. No. O-2012-89, § 2, 12-18-2012)

10.20.110. Maximum permissible sound pressure levels—Definitions—Exceptions.

A. Notwithstanding section 10.20.100, and except under conditions of emergency or manifest necessity, or for motor vehicle noise as regulated by section 225 of the Model Traffic Code, it is unlawful to make, cause to be made or assist another to make noise measured at a distance at least 25 feet from a noise source as set forth in the table immediately below between 10:00 p.m. and 7:00 a.m., unless the prohibited noise pressure level is contained entirely within the confines of private property which the person making or assisting such noise has a right to occupy. Such noise shall be measured pursuant to the “A” weighted sound pressure level measured with a sound level meter using the “A” weighting network. The standard unit notation is dB(A).

TABLE 10.20.110 A
NIGHTTIME NOISE STANDARDS

Premises Receiving SoundMaximum Nighttime Sound Level db(A)
Zone
Residential50 dB(A)
Commercial55 dB(A)
Industrial75    B(A)

 

B. Notwithstanding section 10.20.100, and except under conditions of emergency or manifest necessity, it is unlawful to make, cause to be made or assist another to make noise measured at a distance at least 25 feet from a noise source as set forth in the table immediately below between 7:00 a.m. and 10:00 p.m., unless the prohibited noise pressure level is contained entirely within the confines of private property which the person making or assisting such noise has a right to occupy. Such noise shall be measured pursuant to the “A” weighted sound pressure level measured with a sound level meter using the “A” weighting network. The standard unit notation is dB(A).

TABLE 10.20.110 B
DAYTIME NOISE STANDARDS

Premises Receiving SoundMaximum Daytime Sound Level db(A)
Zone
Residential55 dB(A)
Commercial65 dB(A)
Industrial75 dB(A)

 

C. Residential dwelling units located in the same building as, or on the same lot as a nonresidential use shall be considered “commercial” premises for the purposes of Table 10.20.110 B, i.e., a maximum 65 dB(A) shall apply.

D. Additional noise standards and exemptions for specific operations and activities:

1. Refuse collection/loading. No person shall engage in waste disposal services or refuse loading and collection or operate any compacting equipment or similar mechanical device in any manner so as to create any noise exceeding the standards stated above when measured at a distance of 50 feet from the equipment when inside of or within 500 feet of a residential zone. No refuse loading or collection shall take place between the hours of 7:00 p.m. and 7:00 a.m.

2. Truck/rail loading. Except for truck loading at retail grocery stores, no truck or rail loading or unloading is allowed within 250 feet of a residential lot between the hours of 10:00 p.m. and 7:00 a.m.

3. Homeowners’ outdoor equipment.

i.  No person shall operate engine or motor-powered lawn or maintenance tools intended for use in residential areas such as power mowers, leaf blowers, garden tools, riding tractors, power saws, edgers, and similar equipment that would create a noise that exceeds the fixed source standards stated above, except between the hours of 7:00 a.m. and 10:00 p.m.

ii. Where applicable, homeowners’ outdoor equipment shall have mufflers that are kept in good working condition.

iii. Snow blowers and snowplows are exempted from the time requirements of this section when necessary to remove ice and snow.

4. Construction activities. No activity incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, structures, roads or appurtenances thereof, including land clearing, grading, excavating and filling shall occur between the hours of 7:00 p.m. and 7:00 a.m. Monday through Saturday or before 9:00 a.m. on Sundays, within a residential area or within 500 feet of a school, except for temporary conditions approved by the economic development director.

5. Exemptions. The following operations and activities are exempted from the limitations of this section:

i.  Warning or alarm devices that have the purpose of signaling unsafe or dangerous situations or calling for police.

ii. Noises resulting from authorized public activities such as parades, fireworks displays, sports activities and events, musical productions, and other activities to the extent they are approved and limited by the city.

E. When the noise source can be measured from more than one zone, the permissible sound level of the more restrictive zone applies.

F. As used in this section:

1. “Commercial” means any area of offices, clinics, automobile service stations, shopping, financial, restaurant, entertainment and similar facilities and institutions.

2. “Condition of emergency” means a sudden, unexpected or unforeseen occurrence or condition involving a real threat to human life or safety, or requiring immediate response to protect or preserve property.

3. “Industrial” means an area in which commodities are manufactured, processed or fabricated, and shall conditionally include railroad rights-of-way.

4. “Manifest necessity” means that compliance with the sound pressure levels will cause undue hardship and:

a. The activity, operation or sound source will be strictly limited to the least amount of time required, and even with the application of the best available control technology cannot be done in a manner that would comply with this section; and

b. No reasonable alternative is available to comply with this section by restricting noncompliant sound pressure sources to times between 7:00 a.m. and 10:00 p.m.

5. “Residential” means any area of single or multifamily dwellings, transient lodging facilities, hospitals, nursing homes and similar facilities and institutions.

G. Any person responsible for noise limitations may petition the city manager or designee for a temporary hardship permit setting forth the basis of the undue hardship in writing, the anticipated duration of the condition creating hardship and any other relevant matters in the issues set forth below. A temporary hardship permit shall be granted if it is found that the activity, operation or noise source will be of temporary duration, and that compliance with the sound pressure standards of this section cannot reasonably be obtained. No temporary permit may be issued for a period exceeding 90 days, and the city manager or designee reviewing the application shall set any conditions, limitations or requirements necessary to minimize adverse effects upon the impacted area of the noise. An aggrieved party may appeal the decision of the city manager to the city council within seven days of the order of approval or denial of the hardship permit request. An aggrieved party may appeal the decision of the city council pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure.

(Code 1993, § 10.20.110; Ord. No. O-2003-52, § 1; Ord. No. O-92-51, § 1; Ord. No. O-2012-89, § 3, 12-18-2012)

10.20.120. Civil enforcement.

The violation of sections 10.20.100 and 10.20.110 shall be deemed a public nuisance, and the city attorney is authorized to bring an action before any court of competent jurisdiction to enjoin same.

(Code 1993, § 10.20.120; Ord. No. O-92-51, § 1)