Public Legals
34917
O-2026-XXxx
AN ORDINANCE AMENDING, IN PERTINENT PART, THE DURANGO CODE OF ORDINANCES CHAPTER 16 – NOISE
(Red type indicates addition of text, strike through indicates original text removed,
empty brackets [] indicate omitted and unchanged text)
Sec. 16-2. - Definitions.
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Unreasonable noise means any excessive or unusually loud sound, or any sound which disturbs, injures, or endangers, the peace and quiet, safety, or health, of any person, family, neighborhood or assembly, or causes damage to any property or business. The term includes "excessive noise" and "unnecessary noise."
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Sec. 16-4. - Classification and measurement.
For purposes of determining and classifying any noise as unreasonable, excessive or unusually loud as declared to be unlawful and prohibited by this chapter, the following test measurements and requirements may be applied; provided, however, a violation of section 16-3 or 16-8 may occur without the following measurements being made:
(a) Noise occurring within the jurisdiction of the city shall be measured at a distance of at least twenty-five (25) feet from a noise source located within the public right-of-way and if the noise source is located on private property or property other than the public right-of-way, at least twenty-five (25) feet from the property line of the property on which the noise source is located.
(b) Sound level measurements:
(1) The noise shall be measured on the A-weighted scale on a sound level meter of standard design and quality having characteristics established by the American National Standards Institute.
(2) For purposes of this chapter, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five (5) fifteen (15) miles per hour or twenty-five (25) miles per hour with a wind screen.
(3) In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement.
Sec. 16-5. - Permissible levels.
(1) It shall be unlawful for any person to operate or permit to be operated any stationary source of noise which creates a sound pressure level which exceeds the limits set forth in table I for more than ninety (90) percent of any measurement period. The measurement period shall not be less than a period of two (2) minutes and shall be measured at a distance in accordance with the requirements of section 16-4. When a noise source can be identified and its noise measured in more than one (1) zoning category, the limits of the most restrictive zoning classification shall apply at the boundaries between different zoning classifications. Noise levels for any planned unit development shall conform with table I and shall be determined by the predominant land use as set forth in the planned unit development plan. Table I is as follows:
TABLE I
PERMISSIBLE LEVELS
Zoning district 7 a.m. to next 7 p.m.
(in dB(A)) 7 p.m. to next 7 a.m.
(in dB(A))
Residential 55 50
Commercial
Mixed-Use;
Nonresidential;
Agriculture and Open Space;
Public and Planned. 60 55
Industrial 80 75
(2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period.
(3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section.
Sec. 16-6. - Motor vehicle sound pressure levels.
(a) It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved within the city any motor vehicle which emits a sound pressure level in excess of the levels established in table II of this section.
(b) Noise from a motor vehicle within the public right-of-way shall be measured at a distance of at least twenty-five (25) feet from the near side of the traffic lane being monitored and at a height of at least four (4) feet above the immediate surrounding surface on a sound level meter of type 2 or better and operated on the A-weighting network, as specified in the American National Standards Institute Publication Sl. 4-1974, or successor publications.
(c) Noise from a motor vehicle which is located other than within the public right-of-way shall be measured at a distance of at least twenty-five (25) feet from such motor vehicle and at a height of at least four (4) feet above the immediate surrounding surface on a sound level meter of type 2 or better, and operated on the A-weighting network, as specified in the American National Standards Institute Publication Sl. 4-1974, or successor publications.
TABLE II
MAXIMUM PERMISSIBLE SOUND
PRESSURE LEVELS
Vehicle class Maximum
level db(A)
Any vehicle greater than ten thousand (10,000) pounds manufacturers gross vehicle weight other than an interstate motor carrier 88
Motorcycles 80
Other motor vehicles 80
(a) Except for such vehicles as are designed exclusively for racing purposes, no person shall sell or offer for sale a new motor vehicle that produces a maximum noise exceeding the following noise limits, at a distance of fifty feet from the center of the lane of travel, under test procedures established by the department of revenue:
Vehicle Type Manufacturing Date Range Maximum db(A) Levels
Vehicles (≥ 6,000 lbs) and Motorcycles On or after Jan 1, 1973 86 dBa
Vehicles (≥ 6,000 lbs) and Motorcycles Jul 1, 1971 - Dec 31, 1972 88 dBa
Vehicles (< 6,000 lbs) On or after Jan 1, 1973 84 dBa
Vehicles (< 6,000 lbs) Jan 1, 1968 - Dec 31, 1972 86 dBa
Sec. 16-7. - Construction projects.
Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by a proper authority, or if no time limitation is imposed pursuant to such permit, then for a reasonable period of time for completion of the construction project. However, this section shall not prelude emergency work of public service utilities.
Sec. 16-8. - Noise disturbance—Prohibited noise.
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(f) Prohibited noises shall include, but not be limited to:
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(6) The use of any device or instrument that creates or amplifies sound—including, but not limited to, any loudspeaker, bullhorn, amplifier, public address system, musical instrument, radio or device that plays recorded music—on a public way, for the purpose of communication or entertainment, is prohibited if the sound produced is louder than the average conversational level 50 dBA at a distance of one hundred (100) feet or more from the source.
(g) Exemptions: The following uses and activities shall be exempt from noise level regulations:
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(6) Noise resulting from activities of temporary duration permitted by law for which a license or permit has been approved in accordance with sections 16-13, 16-14, and 16-15 of this part.
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Sec. 16-13. - Permit for relief from provisions.
Application for a permit for relief from one (1) or more of the provisions of this chapter on the basis of undue hardship may be made to the police chief or his duly authorized representative by any person subject to the jurisdiction of this chapter. In administering such application, the police chief or his duly authorized representative shall construe the term "undue hardship" to mean noise caused, which if prohibited, would cause undue hardship to the person responsible for the creation of the noise.
In determining whether relief should be granted in the form of a permit pursuant to this section, consideration shall be given to the time of day that the noise is created, the duration of the noise, the loudness of the noise relative to the required limits, whether the noise is temporary or continuous in nature, the extensiveness of the noise and the technical and economic feasibility of bringing such noise source into conformance with the provisions of this chapter.
Applications for a variance shall supply information including, but not limited to:
(1) The nature and location of the noise source for which such application is made;
(2) A statement explaining the reason for the variance request, including why exceeding the permitted noise levels is necessary and how compliance would unreasonably restrict the applicant, the applicant’s client, or the public;
(3) The level of noise that will occur during the period of the variance;
(4) The section or sections of this Article for which the variance shall apply;
(5) A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom; and
(6) A specific schedule of the noise control measures that shall be taken to bring the source into compliance with this Article within a reasonable time.
(b) Failure to supply the information required shall be cause for rejection of the application.
(c) The Police Chief may charge the applicant a fee to cover expenses resulting from the processing of the variance application.
(d) The Police Chief may, at their discretion, limit the duration of the variance, which shall be no longer than one (1) year. Any person granted a variance and requesting an extension of time shall apply for a new variance under the provisions of this Section.
(e) No variance shall be approved unless the applicant presents adequate proof that:
(1) Noise levels occurring during the period of the variance will not constitute a danger to public health; and
(2) Compliance with this Article would unreasonably restrict the applicant without equal or greater benefits to the public.
(f) Under no circumstances shall the noise level of an activity for which a variance is granted for a period of time in excess of eight (8) hours exceed ninety (90) decibels.
(g) In determining whether to grant a variance, the Code Compliance Inspector shall consider:
(1) The character and degree of injury to, or interference with, the public health and welfare and the reasonable use of property that is caused or threatened to be caused;
(2) The social and economic value of the activity for which the variance is sought; and
(3) The ability of the applicant to apply the best practical noise control measures.
(h) A variance may be revoked by the Police Chief if there is:
(1) Violation of one (1) or more terms or conditions of the variance;
(2) Material misrepresentation of fact in the variance application; or
(3) Material change in any of the circumstances relied on by the Police Chief in granting the variance.
(i) Variance decisions may be appealed to the City Manager by the applicant or any affected person.
Sec. 16-14. - Public events.
Applications for a permit to hold a public event which may violate the provisions of this chapter shall be made to the police chief or his duly authorized representative in accordance with the requirements of section 16-15. Such permit, if issued, shall be valid only at the specified times and dates and only upon the specified conditions noted in such permit.
Sec. 16-15. - Applications for temporary permits.
Applications for a temporary permit for relief from the provisions of this chapter may be made to the police chief or his duly authorized representative. Any permit granted by the police chief pursuant to this chapter shall be effective only for the location and times designated within the permit and shall be further subject to such limitations with regard to sound pressure levels or equipment limitations as may be set forth in such permit.
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WHEREAS, the City Council of the City of Durango is charged with ensuring the general public’s health, safety, and welfare; and
WHEREAS, recent Colorado Supreme Court decisions clarified the process of granting noise variances; and
WHEREAS, the Council desires to amend this chapter of the City Code to provide necessary updates and to align with State law.
NOW, THEREFORE, THE CITY OF DURANGO HEREBY ORDAINS, CHAPTER 16 – NOISE, BE AMENDED TO READ AS FOLLOWS:
Sec. 16-2. - Definitions.
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Unreasonable noise means any excessive or unusually loud sound, or any sound which disturbs, injures, or endangers, the peace and quiet, safety, or health, of any person, family, neighborhood or assembly, or causes damage to any property or business. The term includes "excessive noise" and "unnecessary noise."
[]
Sec. 16-4. - Classification and measurement.
For purposes of determining and classifying any noise as unreasonable, excessive or unusually loud as declared to be unlawful and prohibited by this chapter, the following test measurements and requirements may be applied; provided, however, a violation of section 16-3 or 16-8 may occur without the following measurements being made:
(a) Noise occurring within the jurisdiction of the city shall be measured at a distance of at least twenty-five (25) feet from a noise source located within the public right-of-way and if the noise source is located on private property or property other than the public right-of-way, at least twenty-five (25) feet from the property line of the property on which the noise source is located.
(b) Sound level measurements:
(1) The noise shall be measured on the A-weighted scale on a sound level meter.
(2) For purposes of this chapter, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than fifteen (15) miles per hour or twenty-five (25) miles per hour with a wind screen.
Sec. 16-5. - Permissible levels.
(1) It shall be unlawful for any person to operate or permit to be operated any stationary source of noise which creates a sound pressure level which exceeds the limits set forth in table I for more than ninety (90) percent of any measurement period. The measurement period shall not be less than a period of two (2) minutes and shall be measured at a distance in accordance with the requirements of section 16-4. When a noise source can be identified and its noise measured in more than one (1) zoning category, the limits of the most restrictive zoning classification shall apply at the boundaries between different zoning classifications. Noise levels for any planned unit development shall conform with table I and shall be determined by the predominant land use as set forth in the planned unit development plan. Table I is as follows:
TABLE I
PERMISSIBLE LEVELS
Zoning district 7 a.m. to next 7 p.m.
(in dB(A)) 7 p.m. to next 7 a.m.
(in dB(A))
Residential 55 50
Mixed-Use;
Nonresidential;
Agriculture and Open Space;
Public and Planned. 60 55
Industrial 80 75
(2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period.
(3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section.
Sec. 16-6. - Motor vehicle sound pressure levels.
(a) It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved within the city any motor vehicle which emits a sound pressure level in excess of the levels established in table II of this section.
(b) Noise from a motor vehicle within the public right-of-way shall be measured at a distance of at least twenty-five (25) feet from the near side of the traffic lane being monitored and at a height of at least four (4) feet above the immediate surrounding surface on a sound level meter of type 2 or better and operated on the A-weighting network, as specified in the American National Standards Institute Publication Sl. 4-1974, or successor publications.
(c) Noise from a motor vehicle which is located other than within the public right-of-way shall be measured at a distance of at least twenty-five (25) feet from such motor vehicle and at a height of at least four (4) feet above the immediate surrounding surface on a sound level meter of type 2 or better, and operated on the A-weighting network, as specified in the American National Standards Institute Publication Sl. 4-1974, or successor publications.
TABLE II
MAXIMUM PERMISSIBLE SOUND
PRESSURE LEVELS
(a) Except for such vehicles as are designed exclusively for racing purposes, no person shall sell or offer for sale a new motor vehicle that produces a maximum noise exceeding the following noise limits, at a distance of fifty feet from the center of the lane of travel, under test procedures established by the department of revenue:
Vehicle Type Manufacturing Date Range Maximum db(A) Levels
Vehicles (≥ 6,000 lbs) and Motorcycles On or after Jan 1, 1973 86 dBa
Vehicles (≥ 6,000 lbs) and Motorcycles Jul 1, 1971 - Dec 31, 1972 88 dBa
Vehicles (< 6,000 lbs) On or after Jan 1, 1973 84 dBa
Vehicles (< 6,000 lbs) Jan 1, 1968 - Dec 31, 1972 86 dBa
Sec. 16-7. - Construction projects.
Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones for the period within which construction is to be completed pursuant to any applicable construction permit issued by a proper authority, or if no time limitation is imposed pursuant to such permit, then for a reasonable period of time for completion of the construction project. However, this section shall not prelude emergency work of public service utilities.
Sec. 16-8. - Noise disturbance—Prohibited noise.
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(f) Prohibited noises shall include, but not be limited to:
[]
(6) The use of any device or instrument that creates or amplifies sound—including, but not limited to, any loudspeaker, bullhorn, amplifier, public address system, musical instrument, radio or device that plays recorded music—on a public way, is prohibited if the sound produced is louder 50 dBA at a distance of one hundred (100) feet or more from the source.
(g) Exemptions: The following uses and activities shall be exempt from noise level regulations:
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(6) Noise resulting from activities of temporary duration permitted by law for which a license or permit has been approved in accordance with this part.
[]
Sec. 16-13. - Permit for relief from provisions.
Application for a permit for relief from one (1) or more of the provisions of this chapter on the basis of undue hardship may be made to the police chief or his duly authorized representative by any person subject to the jurisdiction of this chapter. In administering such application, the police chief or his duly authorized representative shall construe the term "undue hardship" to mean noise caused, which if prohibited, would cause undue hardship to the person responsible for the creation of the noise.
Applications for a variance shall supply information including, but not limited to:
(1) The nature and location of the noise source for which such application is made;
(2) A statement explaining the reason for the variance request, including why exceeding the permitted noise levels is necessary and how compliance would unreasonably restrict the applicant, the applicant’s client, or the public;
(3) The level of noise that will occur during the period of the variance;
(4) The section or sections of this Article for which the variance shall apply;
(5) A description of interim noise control measures to be taken by the applicant to minimize noise and the impacts occurring therefrom; and
(6) A specific schedule of the noise control measures that shall be taken to bring the source into compliance with this Article within a reasonable time.
(b) Failure to supply the information required shall be cause for rejection of the application.
(c) The Police Chief may charge the applicant a fee to cover expenses resulting from the processing of the variance application.
(d) The Police Chief may, at their discretion, limit the duration of the variance, which shall be no longer than one (1) year. Any person granted a variance and requesting an extension of time shall apply for a new variance under the provisions of this Section.
(e) No variance shall be approved unless the applicant presents adequate proof that:
(1) Noise levels occurring during the period of the variance will not constitute a danger to public health; and
(2) Compliance with this Article would unreasonably restrict the applicant without equal or greater benefits to the public.
(f) Under no circumstances shall the noise level of an activity for which a variance is granted for a period of time in excess of eight (8) hours exceed ninety (90) decibels.
(g) In determining whether to grant a variance, the Code Compliance Inspector shall consider:
(1) The character and degree of injury to, or interference with, the public health and welfare and the reasonable use of property that is caused or threatened to be caused;
(2) The social and economic value of the activity for which the variance is sought; and
(3) The ability of the applicant to apply the best practical noise control measures.
(h) A variance may be revoked by the Police Chief if there is:
(1) Violation of one (1) or more terms or conditions of the variance;
(2) Material misrepresentation of fact in the variance application; or
(3) Material change in any of the circumstances relied on by the Police Chief in granting the variance.
(i) Variance decisions may be appealed to the City Manager by the applicant or any affected person.
Sec. 16-14. Reserved.
Sec. 16-15. Reserved.
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This ordinance shall become effective ten (10) days after its passage and final publication as provided by law.
CITY COUNCIL OF
THE CITY OF DURANGO
Attest:
_____________________________
___________________________ Mayor
City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF LA PLATA )
I, Faye Harmer, City Clerk of the City of Durango, La Plata County, Colorado, do hereby certify that Ordinance No. O-2026- xxxx was regularly introduced and read at a regular meeting of the City Council of the City of Durango, Colorado on the 5th day of May 2026, and was ordered published in accordance with the terms and conditions of the statutes in such cases made and provided, in the Durango Herald, a newspaper of general circulation, on the 11th day of May 2026, prior to its final consideration by the City Council
/s/ City Clerk
Published in the Durango Herald May 11, 2026
