PUBLIC HEALTH
Article 100.010 General Provisions
100.010.010 Health
Officer
100.010.020 Definitions
100.010.030 Prohibited
acts regarding littering, dumping, weed control and junkyards
100.010.040 Certain
conditions declared nuisances
100.010.050 Abatement
of nuisances
100.010.055 Summary Abatement
100.010.060 Garbage,
refuse and trash collection
100.010.070 Violations
Article 100.020 Animal Control and Maintenance
100.020.010 Definitions
100.020.020 Keeping
of certain animals and fowl restricted
100.020.030 Maintenance
of premises required
100.020.040 Animal
littering prohibited
100.020.050 Dog
licenses
100.020.060 Rabies
vaccination
100.020.070 Vicious
animal
100.020.080 Euthanasia
100.020.090 Duty
to report animal bites
100.020.100 Quarantine
of animals
100.020.110 Animals
or fowl which disturb peace and quiet prohibited
100.020.120
Animal-Related Nuisance
100.020.130 Impoundment
of animals
100.020.140 Cruelty
to animals
100.020.150 Interference
with Animal Control Officer
100.020.160 Violations
Article 100.030 Wood Stoves and Coal Furnaces
100.030.010 Definitions
100.030.020 Applicability
100.030.030 Regulation
of new solid fuel-burning devices
100.030.035 Elimination
of nonconforming solid fuel-burning devices in existing buildings
100.030.040 Compliance
order
100.030.050 Hearings
100.030.060 Judicial
review
100.030.070. Penalties
100.030.080. Use
of fees/fines
Article 100.040 Smoking in Public Places
100.040.010 Legislative Declaration
100.040.020 Definitions
100.040.030
General Smoking Restrictions
100.040.040
Exceptions to Smoking Restrictions
100.040.050 Optional
Prohibitions
100.040.060 Unlawful
Acts - Penalty - disposition of Fines and Surcharges
Article 100.050 Motorized Watercraft Prohibited on Rivers
100.050.010 Motorized watercraft prohibited
Article 100.060 Idling of Motor Vehicle Engines
100.060.010 Declaration
of nuisance
100.060.020 Unlawful
idling
100.060.030 Exceptions
Article 100.070 Regulation
of Noise
100.070.010 Definitions
100.070.020 Declaration
of policy
100.070.030 Noises
prohibited
100.070.040 Violations
100.070.050 Exemptions
(a) Appointment. The City Manager shall appoint a physician licensed to practice medicine under the laws of the State as the Health Officer. In the event a licensed physician is unavailable, the City Manager may appoint another person as the Health Officer, which person may be otherwise employed by the City. (Code 1962 §13.1; Code 1971 §8-1)
(b) Compensation. The Health Officer shall not receive a regular salary but shall be paid a reasonable sum to be billed to the City for services performed. In the event a City employee is appointed Health Officer pursuant to Subsection (a) above, he/she shall be compensated in accordance with the provisions of Section 030.020.030. (Code 1962 §13.1; Code 1971 §8-2)
(c) Powers and duties.
(1) The Health Officer shall have charge and control of all functions involved in protecting and preserving the public health. He/she shall have all power provided by state law or City ordinance relative to public health.
(2) The Health Officer shall have the supervision and control of all matters relating to health and sanitation within the City, and he/she shall have the power to compel the removal or abatement of any nuisance, source of filth, cause of disease or unwholesome business or establishment within the City or within one (1) mile of the corporate limits of the City.
(3) The Health Officer shall enforce all laws of the State and provisions of this Code and other City ordinances, except as otherwise provided, in relation to health and sanitation. He/she shall cause all nuisances to be properly abated; and, for the purpose of carrying out the requirements of this Code, he/she shall be permitted at all times to enter into premises, houses, stores or other buildings or places to take such steps as he/she shall deem necessary to make an examination thereof, and to cause all dead animals or other nauseous or unwholesome substances or things to be buried, removed or disposed of as he/she may direct. The Health Officer is also hereby granted authority to do all things which are reasonably necessary to prevent the spread of communicable diseases and to enforce compliance with the laws and regulations of the Colorado Department of Public Health and Environment. (Code 1962 §13.3; Code 1971 §8-3)
(d) No limitation on other City officials. Nothing in this Section shall prohibit the City Manager or anyone acting at his/her direction from enforcing the provisions of this Article.
(e) Compliance with orders of Health Officer required. It shall be unlawful for any person who is the owner, agent or occupant of any premises within the City to fail, neglect or refuse to comply with any lawful order made by the Health Officer. (Code 1962 §13.8; Code 1971 §8-4; A 18-98 §1)
(Code 1962 §§13.1, 13.3, 13.8; Code 1971 §§8-1—8-4; A 18-98 §1)
As used in this Article, the following words shall have these meanings ascribed to them:
Container or Receptacle means a metal or other non-absorbent container equipped with a tightly fitting metal or non-absorbent lid, or sealed, plastic bags. (Ad 5-08 §2; A 12-08 §2)
Dumpster enclosure is a structure for the purpose of fully enclosing a trash container or receptacle, constructed in accordance with the requirements of the International Building Code and other requirements as adopted by the City. (Ad 12-08 §2)
Garbage
includes kitchen, fruit and table refuse, offal, any decaying vegetable matter
and all substances which attend the cooking, serving, dealing in, processing or
storage of meats, fowl, fruits, vegetables or other food products.
Inoperable vehicle
means any motor vehicle as defined in the Model Traffic Code without current
license plates or which is not
capable of travel under its own power. (A 18-98 §2; A 12-08 §2)
Junk includes, but shall not be limited to, waste matter, debris, rubble,
asphalt, concrete, plaster, tile, rocks, bricks, soil, crates, cartons,
containers, boxes, discarded, unusable, broken or inoperable machinery or parts
thereof, scrap metal and other pieces of metal whether ferrous or nonferrous,
used in building or construction materials, dead plants and trees, trimmings
from plants and trees, cans, bottles, barrels, bones, rags, used rubber or used
rope, unusable objects or equipment such as appliances, furniture, stoves, hot
water heaters, refrigerators, freezers, furnishings, sporting equipment or
inoperable vehicles, and all other items commonly known as junk. (Ad 12-08
§2)
Refuse means, but shall not be limited to, all decomposed and
non-decomposed solid wastes, ashes, dirt, waste cement, wastepaper, rubbish,
petroleum products including gasoline, kerosene, oil, grease and the like,
whether new or used, street cleanings, litter, dead animals and industrial
wastes. (Ad 5-08 §2)
Trash means any junk, discarded items; scrap building materials; scrap wood, or any abandoned item of personal property. (A 5-08 §2; A 12-08 §2))
Visual blight means an unsightly condition which degrades the physical appearance of a property or properties, thus adversely affecting the well-being and values of the surrounding neighborhood.
Weeds means
noxious, troublesome and valueless plants growing wild and uncontrolled. (Code 1962 §19.1; Code 1971 §7-1; R & Re
23-85 §1)
Wildlife Resistant Refuse Container is a container used for the storage
of garbage, refuse or trash that has been certified to be wildlife resistant by
the Inter-Agency Grizzly Bear Committee. A container not so certified is
considered a Wildlife Resistant Refuse Container if it is fully enclosed, of
sturdy construction, and includes a latching mechanism suitable to prevent
wildlife from opening the container. Latching mechanisms shall allow a gap
between the container lid of no more than one-half inch (1/2"). Latching
mechanisms shall keep the lid closed in the event the container is turned on its
side or upside down. Wildlife Resistant Refuse Containers may include
drain holes no larger than one inch (1") in any dimension. (Ad 12-08 §2)
(Code 1962 §19.1; Code 1971 §7-1; R & Re 23-85 §1; A 18-98 §2; A 12-08 §2)
(a) Littering on public property. It shall be unlawful for any person to dump, throw, deposit or place any garbage, refuse or trash upon the streets, alleys or other public places located within the corporate limits of the City or upon any property owned or leased by the City and designated as a park land which is located outside the corporate limits of the City, except on designated waste disposal sites and except as otherwise provided in this Article. (A 12-08 §2)
(b) Placing of garbage, refuse or trash on private property. It shall be unlawful for any owner, person in charge or control of private real property, manager or occupant, whether owner, lessee, renter or licensee of any private building or private real property to allow any garbage, refuse or trash, whether natural or manmade, to be placed, dumped or deposited on private property which subjects or tends to subject abutting or adjacent property, or the public at large, to harm or injury due to fire, flood or drainage hazard; visual blight; rodent, vermin or insect infestation; noxious odors; blowing matter or debris; communicable disease or infection; or other similar harmful or injurious effects. Any owner, occupant or person with responsibility for the maintenance of property shall be responsible for collecting refuse, garbage and trash that has transferred to another's private property or public property due to animal scavenging, vandalism, wind or any other event. (A 5-08 §2; A 12-08 §2)
(c) Weed and grass control. It shall be unlawful for the owner or occupant of any premises within the City to allow weeds or grass to grow or remain grown to a height of twelve (12) inches or greater within the City on such property or in adjacent public rights-of-way, or weeds or grass of any size which subject or tend to subject adjacent property or the public at large to harm due to fire hazards, rodents, vermin or insect infestation, the dispersal of noxious weed seed, visual blight or other similar harmful effects. Such prohibition shall not include native grasses or Xeriscaping, so long as both are visibly managed and controlled so as not to negatively impact the health and safety of the adjacent property owners. (A 18-98 §3)
(d) Accumulation. It shall be unlawful for any person to allow the accumulation of any garbage, junk, refuse or trash which by reason of its location and character: is dangerous to public health, safety and welfare or unsightly; interferes with the reasonable enjoyment of property by neighbors; detrimentally affects property values in the surrounding neighborhood or community; or would materially hamper or interfere with the prevention or suppression of fire upon the premises. This Subsection shall not apply to a business conducted wholly within a building nor to the sale of used motor vehicles. (A 12-08 §2)
(e) Dumping or littering on property of another. It shall be unlawful for any person to dump, throw, deposit or place any garbage refuse or trash upon the property of another person or in any receptacle of another person without the consent of the person in charge or control thereof. Nothing contained in this Section shall be construed to prohibit the use of receptacles provided by the City for public use, or recycling receptacles at pre-designated recycling sites. It shall be unlawful for any person to deposit large quantities of garbage refuse or trash in City-owned receptacles without prior approval. For purposes of this Subsection, large quantities shall mean anything larger than a standard grocery bag. (A 12-08 §2)
(f) Dumping in stream, river or riverbank area. It shall be unlawful for any person to dump, throw, deposit or place any garbage, refuse or trash, whether manmade or natural, on private or public property in a stream, river or riverbank area unless otherwise permitted in this Code. For purposes of this Section, the term banks shall be defined to include:
(1) A thirty-foot setback area measured horizontally from the high-water mark of the stream or river; and
(2) Any land area with a slope in excess of two (2) feet horizontal to one (1) foot vertical lying contiguous to the high-water mark of the river or stream, excepting manmade benches or ten-foot width or less; and
(3) A five-foot
setback area measured horizontally from the top of any slope as described in Subparagraph
(2) above.
(A 12-08 §2)
(g) Grading without a permit. It shall be unlawful to perform any grading within the City without first having obtained a grading permit from the Building Official. For purposes of this Section, grading shall mean any excavating, filling or combination thereof. A grading permit shall not be required for public improvement projects undertaken by the City.
(h) Property maintenance standards. It shall be unlawful for any owner, occupant or person with responsibility for the maintenance of property to allow the existence of any of the following conditions:
(1) The premises are a detriment to public health, safety or general welfare.
(2) The premises are so defective, unsightly or in such condition of disrepair that they substantially diminish the value of surrounding property or are otherwise substantially detrimental to surrounding properties. Examples of this condition shall include, but shall not be limited to, the keeping on, or disposing of on, or the scattering over the premises of garbage, junk, refuse or trash.
(3) The premises are so out of harmony or conformity with the maintenance standards of adjacent property as to cause substantial diminution of the enjoyment, use or property values of such adjacent properties.
(Ad 12-08 §2)
(i) Violations. Violations of any provision of this Section shall be deemed to be a strict liability offense, as defined in Subsection 120.010.010. Culpable mental state is not required with respect to any material element of a violation of this Subsection. (A 12-08 §2)
(R & Re 23-85 §2; Ad 15-88 §§1, 2; Ad 32-92 §1; R & Re 4-93 §1; A 18-98 §3; A 12-08 §2))
100.010.040 Certain conditions declared nuisances.
(a) Garbage, junk, refuse, trash, weeds and property maintenance standards. Any of the conditions which are prohibited by the provisions of Section 100.010.030 are hereby declared to be a nuisance. (A 12-08 §2)
(b) Toilets and garbage containers. Any unclean, leaking, foul, unsafe or dangerous, defective or filthy drain, privy, toilet, ditch, tank or gutter or any leaking or broken garbage container for waste products hereby is declared to be a nuisance. (Code 1962 §13.4; Code 1971 §14-2)
(c) Adoption of Common law and state law nuisance. In all cases where no provision is made defining nuisances in this Code or by City ordinance, those offenses which are known to the common law of the land and the statutes of the State as nuisances may, in case the same exist within the City or within one (1) mile of the corporate limits of the City, be treated as such and proceeded against as provided in this Article or in accordance with any other provision of law. (Code 1962 §13.5; Code 1971 §14-3)
(Code 1962 §§13.4, 13.5; Code 1971 §§14-2, 14-3; A 12-08 §2))
100.010.050 Abatement of nuisances.
(a) Notice. When as nuisance does not require summary abatement as set forth in Section 100.010.055, the City shall cause notice to be served upon the owner, occupant, any person with responsibility for maintenance of property or agent in charge of any lot, building or premises in or upon which any nuisance may be found, or who may be the cause of such nuisance, requiring him/her to abate the same within fourteen (14) days or as otherwise specified in such notice. Where deemed appropriate and effective by the City, abatement may involve the screening of the nuisance from adjacent properties by the owner, occupant or agent, increasing the number of containers available or increasing the frequency of garbage, refuse, or trash pickup service. The abatement notice may be hand-delivered to such owner, occupant or agent or mailed by certified mail, return receipt requested. (A 23-85 §3; A 5-08 §2; A 12-08 §2)
(b) Violation. It shall be unlawful for any person to fail to comply with a notice to abate a nuisance issued pursuant to Subsection (a) above.
(c) City may abate and assess lien. In addition to or in lieu of prosecuting the owner, occupant, or any person with responsibility for maintenance of the property or agent for such violation, if the notice to abate is not complied with within the required time, the City may cause such nuisance to be abated, shall assess the cost of such abatement against the property and shall notify the owner, occupant or agent of such assessment and the amount thereof. Such assessment shall be a lien upon the property until it is paid. If the charge or assessment is not paid to the Director of Finance within thirty (30) days after the delivery of such notice of assessment, the charge or assessment shall be certified to the County Treasurer to be placed upon the tax list for the current year and collected in the same manner as other taxes are collected, with a ten-percent penalty added to defray the cost of collection. (A 12-08 §2)
(Code 1962 §13.7; Code 1971 §14-4; A 23-85 §3; A 12-08 §2)
100.010.055 Summary Abatement.
(a) Whenever a nuisance exists which constitutes an emergency presenting immediate danger of serious injury to a person or property, the City Manager or his/her authorized representative may order, without notice or judicial action, that the nuisance be summarily abated by removal, destruction or mitigation.
(b) Whenever a nuisance does not require summary abatement, abatement shall proceed as set forth in Section 100.010.050.
(c) The expense incurred by the City in summarily abating any nuisance may be recovered by proper action from the author thereof. In addition to or alternatively to any other remedies or actions stated in this Article, if the expenses are not paid when due, the delinquent charge shall be certified to the County Treasurer to be placed upon the tax list for the current year and collected in the same manner as other taxes are collected, with a ten percent (10%) penalty added to defray the cost of collection.
(Ad 12-08 §2)
100.010.060 Garbage refuse and trash collection.
A. Storage Requirements.
1. It shall be unlawful for any person to store garbage or refuse that is attractive to or edible by wildlife out of doors other than a Wildlife Resistant Refuse Container approved by the Colorado Division of Wildlife or the City of Glenwood Springs. This includes commercial dumpsters whether or not they are in a dumpster enclosure. (A 12-08 §2)
2. Persons with curbside refuse pickup service shall not place Refuse Containers, other than Wildlife Resistant Refuse Containers, containing garbage or refuse that is attractive to or edible by wildlife at the curb for pickup until after 6:00 a.m. on the morning of their scheduled collection day. After pickup, all refuse containers, other than Wildlife Resistant Containers, must be returned to a building, house, garage, or dumpster enclosure by 8:00 p.m. (A 12-08 §2)
3. Compliance with this Article notwithstanding, the City Manager, or his designee, may order any property owner, agent of the property owner, or tenant to purchase and use Wildlife Resistant Refuse Containers for all storage of garbage and refuse that is attractive to or edible by wildlife if the City Manager receives a report that any animal, whether wild or domestic, has entered into or removed garbage or refuse from a refuse container located on the property or placed at the property curbside for pickup. The City Manager's order shall be served either personally or by means of posting on the premises upon which the nuisance exists. If notice is served by posting, a copy of the notice shall also be mailed by certified mail, return receipt requested, to the owner of record of the property at the address shown on the records of the county assessor. Penalties for violation of such an order shall be the same as for any other violation of this Article. (A 12-08 §2)
B. Spring Cleanup. Except for spring cleanup week, as designated by the City Manager, furniture, appliances, dirt, rocks or construction debris from residential customers shall be removed by the owner or his/her agent. (A 12-08 §2)
C. Collection vehicles generally. All vehicles used in collecting refuse, garbage, refuse and trash shall be equipped with a tight box or tank which shall be constructed entirely of metal and shall have a cover so as to prevent the escape of substances and foul odors from substances after being placed therein. All such vehicles shall be kept thoroughly clean. (A 5-08 §2; A 12-08 §2)
D. Placement of Containers for Collection. All garbage, refuse and trash shall be placed and kept separately in suitable containers near the alley abutting the premises or, if there is no alley, in some accessible place where it can be removed by the collector. (A 5-08 §2; A 12-08 §2)
E. Collection and Removal. All garbage, refuse and trash shall be collected and removed by the owner or occupant of the premises generating the same, by employees of the City acting in furtherance of the City's solid waste disposal system, by persons under contract with the City for such purpose or by persons holding a certificate of public convenience and necessity issued by the Public Utilities Commission of the State. No other person shall collect such materials within the City or convey them over or upon any of the streets, alleys or rights-of-way of the City. (A 5-08 §2; A 12-08 §2)
F. Contract for Collection Service. The City Council may enter into a contract or agreement with any person for the collection and disposal of garbage, refuse, trash and waste materials, or any portion thereof, throughout the City, or it may do such collecting and disposal with its own employees. (A 5-08 §2; A 12-08 §2)
G. Collection Schedule.
(1) No owner of any vacant land, occupant or owner of any single-family residence, owner, manager or operator of any multiple-family residence or private club, or owner, operator or employee of any commercial or industrial establishment shall fail to have containers sufficient to contain the accumulation of garbage, refuse, and/or trash or to have it collected frequently enough so that it does not putrefy or accumulate on the premises. (A 5-08 §2; A 12-08 §2)
(2) All collections shall be made between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. No Sunday collections shall be allowed except for limited collection during City-wide special events. If a regularly scheduled collection day falls on a legal holiday, such collections may be made on the following day.
H. Closed Vehicles or Receptacles Required. It shall be unlawful for any person to convey or cause to be conveyed through the streets of the City any garbage, refuse, trash or other loose material of any description except in tight receptacles or truck bodies equipped with covers which prevent the escape of any material contained therein. (A 5-08 §2; A 12-08 §2)
I. Property Maintenance.
(1) It shall be unlawful for the owner, occupant or any person with responsibility for maintenance of any property located within the City, including properties used for special events and properties that are the site of construction activities, to permit the accumulation on the property of garbage or refuse attractive to or edible by wildlife. Garbage and refuse shall be stored on and collected from such properties and stored in accordance with the provisions of this Section. (A 5-08 §2; A 12-08 §2)
(2) Properties found to be in violation of this section may be deemed to be a nuisance as defined in Section 100.010.050 of this Code and treated accordingly. (A 12-08 §2)
J. Feeding of Wildlife.
(1) It shall be unlawful for any person to knowingly leave or store any garbage or refuse, recyclable, food product, pet food, grain, salt or any other materials attract to or edible by wildlife in a manner which may attract or entice wildlife. (A 12-08 §2)
(2) Bird feeders shall be permitted under this Section. However, between the dates of April 15th and November 15th, all feeders must be suspended on a cable or other device so that they are inaccessible to bears and other wildlife and the area below the feeders must be kept free of the accumulation of seed, seed debris, or other attractive or edible materials.
K. Penalty Schedule for Section 100.010.060 violations.
(1) First Offense: Written warning.
(2) Second Offense: Five Hundred Dollar ($500.00) fine provided that the fine shall be waived upon the defendant providing proof of purchase of a Wildlife Resistant Refuse Container on or before the defendant's first appearance in Municipal Court on such offense. (A 5-08 §2)
(4) Subsequent Offenses: The Municipal Court may impose such fines and penalties as it is authorized to pursuant to G.S.M.C. 010.020.080.
(Code 1962 §19.2, 4, 5, 7 §21.12; Code 1971 §7-3, 4, 6, 8, 9, 10, 11; A 32-99 §1; R & Re 3-05, §1; A 5-08 §2; A 12-08 §2)
In addition to any other remedies provided by this Article, any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and, upon conviction of the same, shall be punished in accordance with the provisions of Section 010.020.080.
Animal Control and Maintenance
As used in this Article, the following words shall have the meanings ascribed to them:
Animal means any vertebrate creature other than a human being. (A 7-05, §1)
Animal litter means defecation by an animal.
Animal owner means a person who owns an animal; has a property right in an animal; or intentionally has an animal in his/her custody, possession, maintenance, care or control. Animal owner shall include a person who is temporarily boarding an animal or has undertaken the care, custody, control, maintenance or possession of an animal, and includes a person providing food, drink, shelter, or care to stray animals otherwise running at large. (A 7-05, §1)
Harboring. The occupant of any premises on which an animal is kept or to which it customarily returns daily for food and care for a minimum period of ten (10) days is presumed to be harboring or keeping the animal.
Rabies vaccination means inoculation of an animal with a rabies vaccine approved by the Colorado Department of Public Health and Environment.
Running at large means anywhere off the real or personal property of the owner and not under the control of a person restraining the animal by leash. (A 35-92 §1)
(A 35-92 §1)
100.020.020 Keeping of certain animals and fowl restricted.
It shall be unlawful for any person anywhere in the City to maintain, keep, harbor, raise, house, stable or corral any cattle, goats, sheep, swine, foxes, chickens, ducks, turkeys or geese or any more than four (4) rabbits, except in connection with the commercial slaughter and processing of animals. (Code 1962 §20.9; Code 1971 §3-5)
100.020.030 Maintenance of premises required.
It shall be unlawful for any person to keep any barn, stable, building or other place where fowl or animals are kept when such premises are not clean and free from obnoxious odors. In addition to the penalty therefor, such animals and premises are hereby declared to be nuisances and shall be subject to abatement as provided in Section 100.010.050. (Code 1962 §20.6; Code 1971 §3-2)
100.020.040 Animal littering prohibited.
Any person owning, harboring or having charge of any animal shall forthwith pick up, remove and dispose of in a sanitary fashion any and all animal feces attributable to such animal. In addition to any penalty therefor, the failure of such person to pick up, remove and dispose of all animal feces attributable to his/her animal is hereby declared to be a nuisance and shall be subject to abatement as provided in Section 100.010.050. (Code 1971 §3-34; A 18-98 §4)
(a) Required. It shall be unlawful for any person to keep any dog within the City without obtaining a license for such dog.
(b) Term. The license required by this Section shall expire (12) months following the date of purchase of the license.
(c) Fees. Every person desiring to keep a dog within the City shall make application to the Police Chief therefor and shall pay a fee of five dollars ($5.00) per year for each neutered or spayed dog, and fifteen dollars ($15.00) per year for any other dog.
(d) Tags. The Police Chief shall issue a license to any person desiring to keep a dog within the City limits upon the payment of the required fee and proof of the dog's rabies vaccination required by this Section. The Police Chief shall also issue a tag for each dog licensed, and the owner or custodian shall attach such tag to the collar or harness of the dog so licensed. The Police Chief shall keep a record of the date of issuance of each dog tag, the name and address of the person to whom the tag is issued, the number thereof, a description of the dog licensed and the date of its rabies vaccination. (Code 1971 §§3-28, 3-29, 3-31; A 35-92 §2; A 30-97 §1)
(Code 1971 §§3-28, 3-29, 3-31; A 35-92 §2; A 30-97 §1)
100.020.060 Rabies vaccination.
(a) Required. Every person owning or harboring an animal shall have such animal vaccinated against rabies by a licensed veterinarian once each three-year period commencing upon such animal attaining the age of three (3) months or at such later time as shall be prescribed by the veterinarian. (Code 1971 §3-20; A 18-98 §5)
(b) Who may administer. All veterinarians who are duly registered and licensed as such by the State are hereby authorized to vaccinate animals against rabies and to execute certificates of vaccination as provided in this Section. (Code 1971 §3-23)
(c) Certificate of vaccination. Upon vaccination, the veterinarian administering the vaccine shall execute and furnish to the owner of the animal, as evidence thereof, a certificate containing the following information:
(1) The name, address and telephone number of the owner or harborer of the inoculated animal;
(2) The date of the inoculation;
(3) The type of vaccine used;
(4) The year and series number of the rabies tag; and
(5) The breed, age, color and sex of the inoculated animal.
The veterinarian shall retain a duplicate copy and a duplicate copy shall be filed with the Police Department. (Code 1971 §3-21; A 18-98 §5)
(d) Tags. Concurrent with the issuance and delivery of the certificate of vaccination, the veterinarian shall furnish to the owner or harborer of an animal, and such owner or harborer shall attach to the collar or harness of the vaccinated animal, a metal rabies tag, serially numbered and bearing the year of issuance and the name and jurisdiction and state. The City shall furnish an adequate supply of such tags to each veterinarian designated to perform such vaccinations. (Code 1971 §3-22)
(e) Proof. It shall be unlawful for any person who owns or harbors any dog, cat or other animal to fail or refuse to exhibit his/her copy of the certificate of vaccination upon demand to any person charged with the enforcement of this Article. (Code 1971 §3-24)
(Code 1971 §§3-20—3-23; A 18-98 §5)
In addition to prosecuting a person for a violation of Section 100.020.070 in the Municipal Court, the City may file an action in the District Court for an order declaring the animal to be a public nuisance and for such nuisance to be abated by euthanasia or other suitable means. If probable cause exists to believe an animal is vicious, as defined in Section 100.020.070, the animal may be impounded until trial before the Municipal Court for a violation of Section 100.020.070 or before the District Court, for abatement of a public nuisance. In addition, if notice is given pursuant to Subsection 100.020.130(b) and if the owner does not redeem the animal pursuant to said notice or after court proceedings are finally determined, it may be euthanized. (Code 1971 §3-35)
100.020.090 Duty to report animal bites.
Any person having knowledge of an animal bite shall immediately report the incident to the Police Department. Failure to report such animal bite shall be a misdemeanor and, upon conviction, shall be punishable in accordance with the provisions of Section 010.020.080. (Code 1971 §3-25; A 18-98 §7)
100.020.100 Quarantine of animals.
(a) When required and procedures for quarantine. Any animal which has bitten a person shall be observed for a period of ten (10) days from the date of the bite. The procedure and place of observation shall be designated by the investigating officer or as provided by state law. The owner or harborer of any animal that has been reported as having inflicted a bite or any other person shall, on demand, produce said animal for quarantine as prescribed in this Section. (Code 1971 §3-26)
(b) Removal of animals from quarantine. It shall be unlawful for any person to remove from any place of isolation or quarantine any animal which has been isolated or quarantined pursuant to this Section or by state law without the consent of the impounding agency. (Code 1971 §3-27)
(Code 1971 §§3-26, 3-27)
100.020.110 Animals or fowl which disturb peace and quiet prohibited.
It shall be unlawful for any person to keep or maintain any animal or fowl within the City which disturbs the peace and quiet of the neighborhood. (Code 1962 §20.6; Code 1971 §3-1)
100.020.120 Animal-Related Nuisance.
A. Circumstances in which animal ownership, custody, maintenance or control creates, contributes to, or permits any of the following undesirable animal conduct or conditions upon public or private property causing injury or substantial annoyance, or discomfort to the health and welfare of others shall be unlawful.
1. Molesting pedestrians or passing
vehicles;
2. Attacking or chasing people or other
animals, with the exception of trespassers upon the private premises of the
animal owners;
3. Damaging public or private property,
including failure of the owner or custodian of an animal to immediately remove
feces deposited by such animal upon any public or private property (other than
property of the owner);
4. Running at large;
5. Making continuous noise in an excessive
manner which is persistent and loud enough to be heard beyond the premises where
the animal(s) is kept or harbored, and which substantially interferes with the
reasonable use and enjoyment of other nearby properties in the community.
6. The existence of substantial
stench/offensive odor, or general unsanitary conditions in which the animal(s)
is kept, so as to interfere with the reasonable use and enjoyment of other
nearby properties or otherwise make their physical occupation unreasonably
uncomfortable.
B. No animal owner shall permit any animal-related nuisance or
condition caused by animal(s) in his/her temporary or permanent care, custody,
control, maintenance or possession.
C. Animal control or law enforcement officials shall have the
specific authority to impound an animal(s) upon violation of this Code section
and to issue uniform citations to the animal's owner. Officials shall
possess the power to enter private property in the performance of their duties
only if consent of the owner or occupant of the property is freely given or a
search warrant is obtained or in the event of the imminent actual harm to the
animal or others.
(Code 1962 §20.8;
Code 1971 §§3-3, 3-4, 3-33; A 35-92 §3; A 26-96 §1; R 18-98 §8, R & Re 7-05, §1)
100.020.130 Impoundment of animals.
(a) In general. Animals shall be taken up and held in a suitable place provided therefor when found in the City under any of the following conditions:
(1) Any animal, except domestic house cats, running at large;
(2) Any animal without a current rabies tag attached to its collar or harness; or
(3) A dog without a current license tag attached to its collar or harness. (Code 1971 §3-36)
(b) Redemption of impounded animals. As soon as practicable after impoundment, notice of impoundment shall be given to the owner thereof, if known; and if not known, notice shall be posted in a conspicuous place in the Glenwood Springs Municipal Building for a period of five (5) working days. Any impounded animal not held as a vicious animal may be redeemed by payment of impoundment fees and, if applicable, license fees and rabies vaccination costs. If the owner contests his/her guilt, the animal may be released upon payment equal to the impoundment fee and, if applicable, license fee and vaccination costs. If the owner is acquitted, the amount of the impoundment fee shall be returned; if convicted, the entire amount of the fees shall be retained by the City and deemed payment of the applicable fees. If any animal is not claimed within five (5) working days of the date of notice, said animal shall be deemed abandoned and may be euthanized. (Code 1971 §3-37; A 35-92 §4)
(c) Fees. There shall be charged to the owner of each animal impounded the following fees, whether or not such owner redeems the animal:
(1) Impoundment fee: Ten dollars ($10.00) for the first impoundment of an animal; twenty-five dollars ($25.00) for the second impoundment of the same animal; and fifty dollars ($50.00) for each subsequent impoundment of an animal within one (1) year;
(2) Room and board: The actual cost charged to the City by the kennel boarding the animal;
(3) Rabies vaccination. If required, the actual cost charged to the City;
(4) License fee: If required, the cost of a license pursuant to Section 100.020.050;
(5) Euthanasia fee: The actual cost charged to the City by the veterinarian euthanizing the animal.
The City shall retain a copy of any statement provided to it establishing the actual cost to the City for such fees. (Code 1971 §3-38; A 35-92 §6)
(Code 1971 §§3-36—3-38; A 35-92 §§4, 6)
100.020.140 Cruelty to animals.
(a) In general. It shall be unlawful to willfully injure, attempt to injure, overwork, torture, beat or fail to provide any animal with proper food, drink or protection from the weather, to mutilate, kill or transport in a cruel or inhumane manner said animal, or to allow any of these acts to be done. (Code 1962 §18.24; Code 1971 §3-6; A 35-92 §5; A 18-98 §9)
(b) Frightening horses. It shall be unlawful for any person to willfully do any act which is calculated or intended to frighten any horse which is being driven or ridden within the City. (Code 1962 §18.25; Code 1971 §3-7)
(c) Poisoning animals. It shall be unlawful for any person to poison any animal or to distribute poison in any manner whatsoever with the intent to poison any such animal or with reckless disregard resulting in the poisoning of an animal, except that the owner or agent of the owner of any animal may euthanize said animal for the purposes of the health, safety or welfare of the animal or of persons. (Code 1971 §3-8)
(Code 1962 §§18.24, 18-25; Code 1971 §3-6—3-8; A 35-92 §5; A 18-98 §9)
100.020.150 Interference with Animal Control Officer.
It shall be unlawful for any person to interfere with, molest, hinder or impede the Animal Control Officer in the discharge of his/her duties. (Code 1971 §3-39)
Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and, upon conviction of the same, shall be punished in accordance with the provisions of Section 010.020.080.
Wood Stoves and Coal Furnaces
As used in this Article, unless the context otherwise requires:
Approved nonsolid fuel-burning device means any device that operates with nonsolid fuel (gas, liquid, electricity, etc.) and is installed pursuant to the building permit, including a properly installed fire box, flues and gas log apparatus.
Approved pollution control device means any device installed upon or in conjunction with a solid fuel-burning device which utilizes Best Practical Control Technology "BPCT" and which appears on a list of approved devices adopted by the City.
Approved solid fuel-burning device means a solid fuel-burning device which is certified by the Air Pollution Control Division of the Colorado Department of Public Health and Environment.
Commercial building means, for purposes of this Article, a building which houses or intends to house uses which are primarily and predominantly for-profit commercial uses.
Dwelling unit means a single unit providing complete independent living facilities, including provisions for living, sleeping, cooking, eating and sanitation for use by not more than one (1) family, and no ingress or egress through any other dwelling unit.
Install means to place into service at a particular location.
Solid fuel-burning device means any open hearth or freestanding fireplace, stove, firebox or device intended and/or used for the purpose of burning wood, coal, pulp, paper or other nonliquid or nongaseous fuel. (A 34-87 §1; R & Re 43-95 §1)
(A 34-87 §1; R & Re 43-95 §1)
This Article shall be effective and shall apply to all solid fuel-burning devices existing on or after the effective date of the ordinance codified herein within the City. This Article shall apply to such devices whether new or used, whether an original installation or a reinstallation of a device taken from another location, and without regard to the point of original purchase of any such device. (A 34-87 §1; R & Re 43-95 §1)
100.030.030 Regulation of new solid fuel-burning devices.
No solid fuel-burning device shall be installed within any new residential or commercial building within the City. (R & Re 43-95 §1)
100.030.035 Elimination of nonconforming solid fuel-burning devices in existing buildings.
(a) Within two (2) years after the transfer of ownership of such dwelling or commercial property, the owner of each nonconforming solid fuel-burning device, with the exception of open hearth fireplaces existing on the effective date of the ordinance codified herein, shall for each device remove said device, replace said device with an approved solid fuel-burning device, install an approved pollution control device or replace said device with an approved nonsolid fuel-burning device,
(1) Within ten (10) days after the closing, the owner of the property shall notify the Building Official upon forms provided by the City, the names and addresses of the owner of the property containing the nonconforming solid fuel-burning device.
(2) Within two (2) years after the closing, the owner of the property containing the nonconforming solid fuel-burning device shall obtain a permit from the City for the removal or replacement of said device.
(3) The owner of the property containing the nonconforming device shall, within one hundred eighty (180) days of obtaining the permit, remove or replace the nonconforming device.
(b) The owner of each nonconforming solid fuel-burning device, including open hearth fireplaces, wishing to install a new approved solid or nonsolid fuel-burning device must first obtain a permit from the Building Department. The fee for such permit shall be thirty dollars ($30.00). This fee shall be increased three percent (3%) per calendar year, rounded to the nearest dollar up or down. (R & Re 43-95 §1)
(R & Re 43-95 §1)
(a) The City Manager may, after notice and an opportunity for a public hearing, issue an order by and through the Chief Building Official, which specifies a date for compliance with any requirement set forth in this Article. If a public hearing is requested by an interested person, the written request shall, within twenty (20) days after its receipt by the City, be transmitted to the Planning and Zoning Commission. The Commission shall, within sixty (60) days after the request, hold a public hearing with respect thereto and within thirty (30) days after such hearing issue its decision and order.
(b) An order pursuant to this Section may be issued if the order:
(1) Is issued after notice to the public containing the content of the proposed order and after an opportunity for a public hearing thereon; and
(2) Contains a schedule and timetable for compliance which requires compliance as expeditiously as practical, but in no event later than three (3) months following the date of such order.
(c) Any order issued pursuant to this Section shall be terminated if the Commission determines, after notice and a hearing, that such order would result in undue hardship. In no event shall monetary considerations be a factor or element in determining undue hardship. (R & Re 43-95 §1)
(R & Re 43-95 §1; A 13-06, §2)
(a) Not less than fifteen (15) calendar days after a hearing has been requested, the Planning and Zoning Commission shall grant such request and set a time and place for such hearing not more than sixty (60) calendar days following the City's receipt of such request. Notice of such hearing shall be printed in a local newspaper with general circulation at least ten (10) days before the date of said hearing.
(b) The Chief Building Official shall appear as a party in any hearing before the Commission and shall have the same rights as any other party before the Commission.
(c) All testimony taken at any such hearing before the Commission shall be under oath or affirmation. A full and complete record of all proceedings and testimony presented shall be taken and filed. The stenographer shall furnish, upon payment and receipt of any fees charged therefor, a certified transcript of the whole or any part of the record to any party of such hearing requesting the same.
(d) After due construction of the written and oral statements, testimony and arguments presented at any such hearing, the Commission shall make its findings and decision, based upon the evidence in the record. Such findings and decision shall be made within thirty (30) calendar days following the completion of such hearing. (R & Re 43-95 §1)
(R & Re 43-95 §1; A 13-06, §2)
Any final order or determination by the Chief Building Official or the Planning and Zoning Commission shall be subject to judicial review by the District Court in accordance with the provisions set forth in Rule 106 of the Colorado Rules of Civil Procedure. (R & Re 43-95 §1; A 13-06, §2)
Any person, upon conviction of a violation of this Article, shall be subject to any penalties provided by Section 010.020.080 of this Code. (R & Re 43-95 §1)
100.030.080 Use of fees/fines.
The Finance Director shall establish a separate revenue account entitled the "Air Quality Fund." Any fees for fines collected pursuant to this Article shall be deposited in said fund and applied in the discretion of the City Council as follows:
(1) Hiring and/or paying of personnel to enforce air pollution ordinances and regulations;
(2) Air pollution reduction programs; or
(3) Any other purpose the City Council determines will improve air quality within the City. (A 34-87 §1; R & Re 43-95)
(A 34-87 §1; R & Re 43-95)
Control of Smoking
100.040.010 Legislative Declaration.
The City of Glenwood Springs hereby finds and determines that it is in the best interest of the people of this City to protect nonsmokers from involuntary exposure to environmental tobacco smoke in most indoor areas open to the public, public meetings, food services establishments, and places of employment. The City further finds and determines that a balance should be struck between the health concerns of non-consumers of tobacco products and the need to minimize unwarranted governmental intrusion into, and regulation of, private spheres of conduct and choice with respect to the use or nonuse of tobacco products in certain designated public areas and in private places. Therefore, the City hereby declares that the purpose of this Article is to preserve and improve the health, comfort and environment of the people of this City by limiting exposure to tobacco smoke. (R & Re 8-06 §2)
100.040.020 Definitions.
As used in this Article, the following words and phrases are defined as follows:
Airport Smoking Concession means a bar or restaurant, or both, in a public airport with regularly scheduled domestic and international commercial passenger flights, in which bar or restaurant smoking is allowed in a fully enclosed and independently ventilated area by the terms of the concession.
Auditorium means the part of a public building where an audience gathers to attend a performance, and includes any corridors, hallways, or lobbies adjacent thereto "bar" means any indoor area that is operated and licensed under Article 47 of Title 12, C.R.S., primarily for the sale and service of alcohol beverages for on-premises consumption and where the service of food is secondary to the consumption of such beverages.
Cigar-tobacco bar means a bar that, in the calendar year ending December 31, 2005, generated at least five percent or more of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors, not including any sales from vending machines. in any calendar year after December 31, 2005, a bar that fails to generate at least five percent of its total annual gross income or fifty thousand dollars in annual sales from the on-site sale of tobacco products and the rental of on-site humidors shall not be defined as a "cigar-tobacco bar" and shall not thereafter be included in the definition regardless of sales figures.
Employee means any person who:
(1) Performs any type of work for benefit of another in consideration of direct or indirect wages or profit; or
(2) Provides uncompensated work or services to a business or nonprofit entity.
Employee includes every person described above in this subsection regardless of whether such person is referred to as an employee, contractor, independent contractor, or volunteer or by any other designation or title.
Employer means any person, partnership, association, corporation, or nonprofit entity that employs one or more persons. Employer includes, without limitation, the legislative, executive, and judicial branches of state government; any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, special district, authority, commission, or agency; or any other separate corporate instrumentality or unit of state or local government.
Entryway means the outside of the front or main doorway leading into a building or facility that is not exempted from this under Section 100.040.040. Entryway also includes the area of public or private property within a specified radius outside of the doorway. The specified radius shall be determined by the local authority or, if the local authority has not acted, the specified radius shall be fifteen feet.
Environmental Tobacco Smoke or “ETS” or Secondhand Smoke means the complex mixture formed from the escaping smoke of a burning tobacco product, also known as "side stream smoke,” and smoke exhaled by the smoker.
Food Service Establishment means any indoor area or portion thereof in which the principal business is the sale of food for on-premises consumption. The term includes, without limitation, restaurants, cafeterias, coffee shops, diners, sandwich shops, and short-order cafes.
Indoor Area means any enclosed area or portion thereof. The opening of windows or doors, or the temporary removal of wall panels, does not convert an indoor area into an outdoor area.
Place of Employment means any indoor area or portion thereof under the control of an employer in which employees of the employer perform services for, or on behalf of, the employer.
Public Building means any building owned or operated by:(a) The state, including the legislative, executive, and judicial branches of state government;
(b) Any county, city and county, city, or town, or instrumentality thereof, or any other political subdivision of the state, a special district, an authority, a commission, or an agency;
(c) Any other separate corporate instrumentality or unit of state or local government.
Public Meeting means any meeting open to the public pursuant to Part 4 of Article 6 of Title 24, C.R.S., or any other law.
Smoke-Free Work Area means an indoor area in a place of employment where smoking is prohibited under this Article.
Smoking means the burning of a lighted cigarette, cigar, pipe, or any other matter or substance that contains tobacco.
Tobacco means cigarettes, cigars, cheroots, stogies, and periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff and snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or for smoking in a cigarette, pipe, or otherwise, or both for chewing and smoking. Tobacco also includes cloves and any other plant matter or product that is packaged for smoking.
Tobacco Business means a sole proprietorship, corporation, partnership, or other enterprise engaged primarily in the sale, manufacture, or promotion of tobacco, tobacco products, or smoking devices or accessories, either at wholesale or retail, and in which the sale, manufacture, or promotion of other products is merely incidental.
Work Area means an area in a place of employment where one or more employees are routinely assigned and perform services for or on behalf of their employer.(R & Re 8-06 §2)
100.040.030 General Smoking Restrictions.
(1) Except as provided in Section 100.040.040, and in order to reduce the levels of exposure to environmental tobacco smoke, smoking shall not be permitted and no person shall smoke in any indoor area, including, but not limited to:(a) Public meeting places;
(b) Elevators;
(c) Government-owned or -operated means of mass transportation, including, but not limited to, buses, vans, and trains;
(d) Taxicabs and limousines;
(e) Grocery stores;
(f) Gymnasiums;
(g) Jury waiting and deliberation rooms;
(h) Courtrooms;
(i) Child day care facilities;
(j) Health care facilities including hospitals, health care clinics, doctor's offices, and other health care related facilities;
(k)(i) Any place of employment that is not exempted.
(ii) In the case of employers who own facilities otherwise exempted from this Article, each such employer shall provide a smoke-free work area for each employee requesting not to have to breathe environmental tobacco smoke. every employee shall have a right to work in an area free of environmental tobacco smoke.(l) Food service establishments;
(m) Bars;
(n) Limited gaming facilities and any other facilities in which any gaming or gambling activity is conducted;
(o) Indoor sports arenas;
(p) Restrooms, lobbies, hallways, and other common areas in public and private buildings, condominiums, and other multiple-unit residential facilities;
(q) Restrooms, lobbies, hallways, and other common areas in hotels and motels, and in at least seventy-five percent of the sleeping quarters within a hotel or motel that are rented to guests;
(r) Bowling alleys;
(s) Billiard or pool halls;
(t) Facilities in which games of chance are conducted;
(u) The common areas of retirement facilities, publicly owned housing facilities, and nursing homes, not including any resident's private residential quarters;
(v) Public buildings;
(w) Auditoria;
(x) Theaters;
(y) Museums;
(z) Libraries;
(aa) To the extent not otherwise provided in Section 25-14-103.5, C.R.S., public and nonpublic schools;]
(bb) Other educational and vocational institutions; and
(cc) The entryways of all buildings and facilities listed in paragraphs (a) to (bb) of this subsection (1).
(2) A cigar-tobacco bar shall not expand its size or change its location from the size and location in which it existed as of December 31, 2005. A cigar-tobacco bar shall display signage in at least one conspicuous place and at least four inches by six inches in size stating: "smoking allowed. Children under eighteen years of age must be accompanied by a parent or guardian.
(R & Re 8-06 §2)
100.040.040 Exceptions to Smoking Restrictions.(1) This Article shall not apply to:
(a) Private homes, private residences, and private automobiles; except that this Article shall apply if any such home, residence, or vehicle is being used for child care or day care or if a private vehicle is being used for the public transportation of children or as part of health care or day care transportation;
(b) Limousines under private hire;
(c) A hotel or motel room rented to one or more guests if the total percentage of such hotel or motel rooms in such hotel or motel does not exceed twenty-five percent;
(d) Any retail tobacco business;
(e) A cigar-tobacco bar;
(f) An airport smoking concession;
(g) The outdoor area of any business;
(h) A place of employment that is not open to the public and that is under the control of an employer that employs three or fewer employees;
(i) A private, nonresidential building on a farm or ranch, as defined in Section 39-1-102, C.R.S., that has annual gross income of less than five hundred thousand dollars;(R & Re 8-06 §2)
100.040.050 Optional Prohibitions.
(1) The owner or manager of any place not specifically listed in Section 100.040.030, including a place otherwise exempted under Section 100.040.040, may post signs prohibiting smoking or providing smoking and nonsmoking areas. such posting shall have the effect of including such place, or the designated nonsmoking portion thereof, in the places where smoking is prohibited or restricted pursuant to this Article.
(2) If the owner or manager of a place not specifically listed in Section 100.040.030, including a place otherwise exempted under Section 100.040.040, is an employer and receives a request from an employee to create a smoke-free work area as contemplated by Section 100.040.030(1)(k)(i), the owner or manager shall post a sign or signs in the smoke-free work area as provided in subsection (1) of this section.
(R & Re 8-06 §2)
100.040.060 Unlawful Acts – penalty – disposition of fines and surcharges.
(1) It is unlawful for a person who owns, manages, operates, or otherwise controls the use of a premises subject to this Article to violate any provision of this Article.
(2) It is unlawful for a person to smoke in an area where smoking is prohibited pursuant to this Article.
(3) A person who violates this Article, upon conviction thereof, shall be punished by a fine not to exceed two hundred dollars for a first violation within a calendar year, a fine not to exceed three hundred dollars for a second violation within a calendar year, and a fine not to exceed five hundred dollars for each additional violation within a calendar year. Each day of a continuing violation shall be deemed a separate violation.
(R & Re 8-06 §2)
Motorized Watercraft Prohibited on Rivers
100.050.010 Motorized watercraft prohibited.
Except as specifically provided herein, it shall be unlawful for any person to operate any motorized watercraft in or upon the Colorado River or the Roaring Fork River within the City. For purposes of this prohibition, motorized watercraft includes any self-propelled conveyance which is designed primarily for travel in or upon water and which is generally and commonly used to transport persons or property in or upon water. The term shall include, by way of example, any form of motor boat, jet skis or similar devices. Authorized emergency watercraft and other vessels operated by any governmental agency shall be exempt from this Section. (Ad 10-90 §1)
Idling of Motor Vehicle Engines
100.060.010 Declaration of nuisance.
Continuous idling in excess of fifteen (15) minutes of motors of any diesel fuel-burning bus or motor vehicle or the motor of any motor vehicle of any kind whatsoever is hereby declared to be a nuisance and a public health hazard. (Ad 4-91 §1)
Except as specifically provided herein, it shall be unlawful for any person to idle or permit the idling of the motor of any diesel fuel-burning bus or motor vehicle or any motor of any motor vehicle of any kind whatsoever for any continuous period of time in excess of fifteen (15) minutes, within the limits of the City at any time of day or night. (Ad 4-91 §1)
The idling restriction in this Article shall not apply to emergency vehicles; to vehicles engaged in traffic operations; to vehicles which are being serviced; or to vehicles en route to a destination that are stopped by traffic congestion. Furthermore, the idling restriction in this Article shall not apply to vehicles which idle to operate auxiliary equipment, including, but not limited to, pumps, compressors, air-conditioning units or refrigeration units, but only when such vehicles are actively engaged in an operation for which the auxiliary equipment is required to be engaged. (Ad 4-91 §1; A 18-98 §10)
Regulation of Noise
As used in this Article, the following words shall have these meanings ascribed to them:
Construction work means any and all activity incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, structures, roads or appurtenances thereto, including land clearing, grading, excavating and filling.
Device means any mechanism which is intended to produce, or which actually produces, noise when operated or handled.
Engine brakes (commonly referred to by brand names such as Jacobs Brake, Jake Brake or Dynatard brake) means an engine retarder or dynamic braking device used primarily on large trucks for the conversion of the engine from an internal combustion engine to an air compressor for the purpose of braking without the use of wheel brakes.
Noise means a sound which is measured as the sound pressure level in decibels (dB) which is unwanted or which causes or tends to cause an adverse psychological or physiological effect on human beings.
Normal residential noise includes but is not limited to noise from lawn, garden or household equipment, stereos and ban instruments. (Ad. 5-05 §1)
Normal traffic noise includes but is not limited to noise from public service utilities and motor vehicles in public rights-of-way and on streets and highways. (Ad. 5-05 §1)
Person means any human being, firm, association, organization, partnership, business, trust, corporation, company, contractor, supplier, installer, user, owner or operator, including any municipal corporation, state or federal governmental agency or district, and any officer or employee thereof.
Plainly audible noise means any noise for which the information content of that noise is unambiguously transferred to a listener, such as, but not limited to, understanding of spoken speech, comprehension of whether a voice is raised or normal, or comprehension of musical rhythms.
Sound means a temporal and spatial oscillation in pressure, or other physical quantity, in a medium with interval forces that causes compression and rarefaction of that medium, and which propagates at finite speed to distance points. (Ad 29-92 §1)
(Ad 29-92 §1)
100.070.020 Declaration of policy.
The City Council finds and declares that noise is a significant source of environmental pollution that represents a present and increasing threat to the public peace and to the health, safety and welfare of the residents of the City and to its visitors. Noise has an adverse effect on the psychological and physiological well-being of persons, thus constituting a present danger to economic and aesthetic well-being of the community. Accordingly, it is the policy of the City Council to provide for regulation of certain noise within the City. (Ad 29-92 §1)
100.070.030 Noises prohibited.
The following noises are declared a nuisance and are in violation of this Section:
(1) Construction work. Any noise created by operating or causing to be operated any equipment (mechanical or nonmechanical, self-propelled or manually manipulated) used in construction, repair, alteration or demolition work on buildings, structures, streets, alleys or appurtenances at any time other than between the hours of 7:00 a.m. and 8:00 p.m. on Monday through Friday, and 8:00 a.m. and 6:00 p.m. on Saturday and Sunday. The City Manager is hereby authorized to issue a construction work noise permit allowing construction work noise to occur at a time other than the time set forth herein based on circumstances which necessitate such construction work. In the event the City Manager issues such a permit, the City Council shall be advised of such issuance at the next regular City Council meeting.
(2) Radios, tape players, record players, television sets, musical instruments and similar devices. It shall be unlawful to use, operate or permit the operation of any radio receiving set, phonograph, tape player, television set, musical instrument or other machine or device for the production of sound in such a manner as to be plainly audible at twenty-five (25) feet from such device when operated in the City. In addition to the foregoing within all commercial zone districts, businesses shall make reasonable efforts to contain any noise produced by the business within the confines of the business' premises. (A. 5-05, §1)
(3) Engine braking device. Any noise created from the operation of any motor vehicle with an engine brake engaged. (Ad 29-92 §1)
(Ad 29-92 §1)
(1) General Violations. In addition to any other remedies provided by this Article, any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and, upon conviction of the same, shall be punished in accordance with the provisions of Section 010.020.080. (Ad 29-92 §1)
(2) In the event of a second conviction of a noise violation by a commercial business, such business shall submit a noise mitigation plan to the City Manager for review and approval. A recommendation shall be made to the Municipal Court. (Ad 5-05 §1)
100.070.050 Exemptions.
The following activities and/or events shall be exempt from the provisions of this Article:
(1) Normal residential noise between 7:00 a.m. and 9:00 p.m.
(2) Normal traffic noise unless otherwise prohibited by Federal or State law or other provisions of the Glenwood Springs Municipal Code.
(3) Special events at municipal parks, in accordance with the provisions of Article 090.030 regarding Municipal Parks. Such events shall conclude at 10:00 p.m. or the time posted at the park.
(4) Special use permits issued in writing by the City Manager.
(Ad 5-05 §1)