City council mulling possible noise control ordinance

■ Code would address resident complaints

by Nick Benes

Those loud noises that have kept some people awake sometimes at night could be gone soon, or at least be made illegal.
The Aurora City Council is considering a noise control ordinance, which would set up stipulations on loud noises for various activities. It was brought before the council at the Feb. 24 meeting and discussion continued again at last week’s meeting.
The council opted against waiving the three-reading rule, meaning that a decision will not be made until after it has been read at three council meetings. The March 3 meeting was the second of those readings.
“We’ve had some citizen complaints that couldn’t be addressed in our current regulations,” city administrator Mike Bair said after the Feb. 24 discussion.
Among those complaining to the city several times last year were Philip and Julie Shively, who live in the north part of town.
“We were being awakened and kept awake at night,” Philip said. “It got to the point where we couldn’t carry a conversation on our front deck.”
Philip said the noise was coming from the Overtime Bar and Grill when bands would come to perform. Stan Valasek, owner of Overtime Bar and Grill, was unavailable for comment.
“I feel pretty good about the way this ordinance is reviewed,” city councilman Chris Helzer said. “But that’s why we’re giving people three weeks -- to let us know what they think.”
Violators could receive fines between $100 and $500. Each day a violation or noncompliance occurs or continues would be considered separate offenses.
Helzer added that the ordinance will have to be a balancing act of sorts.
“I recognize that this is a tricky issue,” he noted. “This is a chance for everyone to have input on how to balance the issue. I’ll be curious as to what we hear.”
The Aurora Police Department has the authority to investigate and pursue possible violations. Furthermore, Chief Godfrey Brokenrope will also have input on where to create noise sensitive zones. A noise sensitive zone is an area of the city that contains facilities that desire quiet, such as schools, libraries, churches, hospitals and nursing homes. Those will be designated through future city ordinances.

What would be prohibited?
For any violation to be cited, the proposed ordinance states that the noise must be “plainly audible.”
The ordinance would forbid any person to “unreasonably make or continue, or cause to be made or continue” any kind of a noise disturbance.
Prohibitions vary in both time and distance away from the location.
Radios and musical instruments, and other similar devices, may not be played as to disturb peace with louder-than-necessary volume between 10 p.m. and 7 a.m. and plainly audible from 100 feet away constitutes a violation.
If it is in or on a vehicle or public right of way, it cannot be plainly audible 100 feet away at any time or 50 feet away between 10 p.m. and 7 a.m.
For a noncommercial purpose, no loudspeaker, public-address system or similar device can be operated between 10 p.m. and 7 a.m. if it creates a noise disturbance across a residential boundary or within a noise sensitive zone.
Those devices cannot be used for a commercial purpose across a property boundary or within a noise sensitive zone at any time. It also cannot be used between 10 p.m. and 7 a.m. on a public right of way or public space.
No sound amplifying device or sirens for the purpose of advertising or attracting public attention would be permitted. That section of the ordinance would not apply to schools, government units or bona fide nonprofit organizations.
Except for what the ordinance terms “essential services,” pile drivers, shovels, hammers, tractors, rollers, hoists and other construction apparatus will not be allowed to operate between 10 p.m. and 7 a.m., within 600 feet of a residential area, multi-family area or noise sensitive zone.
It would also forbid loading, unloading or related activities between 11 p.m. and 7 a.m. in a way that would disturb a residential or multi-family area, or in a noise sensitive zone, unless authorized by the APD.
No electrically-amplified signal from a stationary bell, whistle, or similar device will be permitted. However, when used with churches or railroad crossings, the act would be exempt from the provision.
A motor vehicle, including motorcycles, cannot be operated  on a public right-of-way in a way that it disturbs reasonable peace and quiet 500 feet or more from the path of it. This applies to the total noise from a vehicle or combination of attached vehicles. Also, the section does not eliminate any enforcement related to engine mufflers.
When a vehicle or motorcycle is off of a public right-of-way, it must follow the same provisions as if it were on a public right-of-way. It cannot disturb reasonable peace at or across the real property boundary when the vehicle is on private property, whether or not it is registered.
Also, a vehicle exhaust system that emits unusual or excessive noise would not be permitted to operate in the city.

Exceptions to the ordinance
The ordinance grants several exceptions to the proposed measure, including emergencies and various outdoor work.
Lawn maintenance and residential construction equipment may be operated from 8 a.m. to 9 p.m. if only used when needed and in good working condition.
Residential snow removal is permitted as needed. Commercial equipment is also allowed, as long as the equipment has a properly functioning muffler.
The chapter does not apply to state, county, city, school district, and hospital entities or people working for them.

Special variances
The city council preserves the authority to grant special variances, or a request.
Anyone who wishes to receive a special variance would have to file an application with the council. An application would contain information which shows that bringing the sound into compliance would be “an unreasonable hardship” on the person applying for the special variance, the community or others.
If someone claims to be adversely affected by the variance, the person may file a statement with the council with information to support the claim. In that case, if the council finds a sufficient controversy, a public hearing may be held. 
For any special variance case, the council will be required to place their decision and reasons for their decision on public file.
The request will not be effective until all conditions are agreed to by the applicant. Noncompliance in any way would result in the termination of the special variance.