Sec. 10-198. Unreasonable noises prohibited.
(a) It shall be unlawful for any person to intentionally, knowingly or recklessly make, cause to be made, permit or assist another to make or continue to make any unreasonable noise or sound within the Town.
(b) 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:
(1) Electrically amplified sound audible twenty-five (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;
(2) Nonlicensed motor vehicle gasoline engines, nonvehicular gasoline engines and electric tools operated between 10:00 p.m. and 7:00 a.m. and audible twenty-five (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;
(3) Repair or adjustment of a motor vehicle between 10:00 p.m. and 7:00 a.m., which is audible twenty-five (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
(4) A gathering of persons engaged in loud and continuing activities continuing for a minimum of fifteen (15) minutes between 10:00 p.m. and 7:00 a.m., and audible twenty-five (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.
(c) In addition to Subsection (b) above, no person shall operate any motor vehicle with an engine compression braking device or a dynamic braking device (commonly referred to as Jake Brake) that does not have an adequate muffler in good working order and in constant working operation, except for the aversion of imminent danger or if the vehicle is a Frederick and Firestone Fire Protection vehicle responding to an emergency situation, within the Town limits. For the purpose of this Subsection, muffler shall mean a device consisting of a series of chambers or baffle plates or other mechanical design for the purpose of receiving exhaust gas from an internal combustion engine and effectively reducing the noise created by the engine.
(d) Any person responsible for noise limitations may petition the Town Manager for a temporary hardship permit setting forth the basis of the due 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 standards of this Section cannot reasonably be obtained. No temporary permit may be issued for a period exceeding ninety (90) days, and the Town Manager 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 Town Manager to the Board of Trustees within seven (7) days of the order of approval or denial of the hardship permit request. An aggrieved party may appeal the decision of the Board of Trustees pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (Ord. 303 §9-108, 1977; Ord. 415 §1, 1995; Ord. 853 §1, 2006; Ord. 859 §1, 2006; Ord. 1088 §1, 2012)