§ 36-6. Restrictions and measurements of noise between source and receiving premises (Table A).  


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  • (a)

    It shall be unlawful for any person to emit or cause to be emitted any noise that leaves the premises on which it originates, crosses a property line, and enters onto any other premises in excess of the sound pressure levels permitted during the time periods specified in Table A. It is further unlawful for any person to emit or cause to be emitted any noise within the public premises in excess of the limits established in Table A.

    (1)

    The noise source shall be measured at any point along the property line of the receptor premises or within the property line of the receptor premises to determine compliance with this chapter.

    (2)

    When it is determined that the background sound pressure level at the receptor premises equals or exceeds the maximum allowable sound pressure level specified in Table A, then the background sound pressure level is the standard that cannot be exceeded by the noise source.

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    Table A: Allowable Sound Pressure Levels (in dB(A)) with Time of Day Allowance

    Receptor Premises
    Residential Commercial Industrial Public
    Source
    Premises
    7am—
    10pm
    10pm—
    7am
    7am—
    10pm
    10pm—
    7am
    7am—
    10pm
    10pm—
    7am
    7am—
    10pm
    10pm—
    7am
    Residential 55 50 65 60 80 75 75 70
    Commer-
    cial
    55 50 65 60 80 75 75 70
    [60] [60]
    Industrial 55 50 65 60 80 75 75 70
    [65] [65]
    Public 55 50 65 60 80 75 75 70
    [60] [60]

     

    [60] The numbers in brackets are the allowable limits that comply with exemption 14.

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    (b)

    Table A exemptions: The maximum permissible sound pressure levels as specified in subsection (a) and Table A shall not apply to sounds emitted from:

    (1)

    Any bell or chime from any building clock, school or church, between 7:00 a.m. and 10:00 p.m., not including any amplified bell or chime sounds emitted from loudspeakers.

    (2)

    Any siren, whistle or bell lawfully used by emergency vehicles or any other alarm systems used in case of fire, collision, civil defense, police activity or imminent danger.

    (4)

    Any ground-based aircraft activity, including testing or engine run-up, provided, however, that emission of noise resulting from such activities in excess of a sound pressure level of sixty (60) dB(A) when measured upon an inhabited residential premises shall be deemed an unlawful nuisance.

    (5)

    Any motor vehicles designed for and operated on public streets, alleys, highways or freeways that are regulated by Table B.

    (6)

    Any tree maintenance, landscaping, or lawn care equipment operated upon a residential, commercial, industrial, or public premises between 7:00 a.m. and 9:00 p.m. This exemption does not apply if the equipment is not in good working order, not used for the manufacturer's intended purpose, or not operated in compliance with any required license.

    (7)

    Any construction equipment or activities; delivery and delivery activities; and waste stream equipment and activities at times other than those prohibited as set forth in section 36-7(3) of this chapter.

    (8)

    Any domestic power equipment operated by the owner and or occupant of the property upon any residential, commercial, industrial or public premises between 7:00 a.m. and 10:00 p.m. provided that such equipment does not exceed a sound pressure level of eighty (80) dB(A) when measured twenty-five (25) feet from the noise source or the complainant's property line, whichever is greater. This exemption does not apply if the equipment is not in good working order, not used for the manufacturer's intended purpose, or not operated in compliance with any required license.

    (9)

    Any commercial power equipment operated upon any residential, commercial, industrial, or public premises between 7:00 a.m. and 9:00 p.m., provided, however, that such equipment does not exceed a sound pressure level of eighty-eight (88) dB(A) when measured twenty-five (25) feet from the noise source or the complainant's property line, whichever is greater. This exemption does not apply if the equipment is not in good working order, not used for the manufacturer's intended purpose, or not operated in compliance with any required license.

    (10)

    The musical instruments of any school marching band while performing at any sporting event or marching band competition, and the musical instruments of any school marching band practicing on school grounds between the hours of 7:00 a.m. and 9:00 p.m. that do not exceed sixty-five (65) dB(A) when measured at the property line of any residential receptor premises.

    (11)

    Snow removal equipment operated on any residential, commercial, or industrial premises, including adjoining sidewalks, between the hours of 5:00 a.m. and 11:00 p.m. during any snowfall or during a declared snow emergency under the Rules and Regulations of the Manager of the Department of Public Works regarding Snow and Ice Removal from Sidewalks; snow removal equipment operated during the time periods after the end of snowfall and after the end of a declared snow emergency as set forth in those rules; and snow removal equipment operated by or on behalf of the City.

    (12)

    Any emergency power generator providing emergency electrical power at any hospital, health clinic, nursing home or similar facilities where the loss of electrical power poses an immediate risk to the health, safety or welfare of any person, or at any premises where such equipment is required by the Denver Fire Department. Additionally, the sound pressure level emitted during the routine testing of emergency electrical power generators shall not exceed eighty-eight (88) dB(A) at a distance of twenty-five (25) feet or a receptor premises' property line, whichever is greater. Routine testing shall not exceed one (1) hour in any one-week period, or two (2) hours in any six-week period and shall be confined to the hours of 10:00 a.m. to 4:00 p.m. or as otherwise approved.

    (13)

    Any industrial, commercial, or public premises causing the standards of Table A to be exceeded at a residential receptor premises when the zoning of the residential receptor premises does not allow residential use (residential use is nonconforming), provided, however, that such sound pressure level may not exceed the standards afforded an industrial receptor premises.

    (14)

    Any industrial, commercial, or public premises causing the standards of Table A to be exceeded at a residential receptor premises when such industrial, commercial, or public premises and their emitted sound pressure levels were in existence prior to the existence of the residential receptor premises, provided, however, that the existing industrial premises does not exceed sixty-five (65) dB(A) and the commercial premises do not exceed sixty (60) dB(A) when measured at the residential receptor premises.

    (15)

    Any noise-causing activity or equipment in existence prior to April 2, 1999 that had previously been determined to be in violation of the sound pressure standards of Table A of chapter 36 and was brought into and remains in compliance. A change in previously complained of business-licensed activity at a premises or a replacement of sound-emitting equipment cause the provisions of this chapter to apply.

    (16)

    Any emergency-related work and all associated equipment, training, and activities, such as emergency preparedness training, exercises, and drills.

    (17)

    Festivals and associated activities between the hours of 8:00 a.m. and 10 p.m., on the condition that production, reproduction, or amplification of sound may not exceed a sound pressure level of eighty (80) dB(A) when measured from the nearest residential receptor premises.

(Code 1950, § 717.6; Ord. No. 15-90, § 1, 1-8-90; Ord. No. 237-99, § 4, 3-29-99; Ord. No. 313-08, § 5, 6-16-08)