First Regular Session
Sixty-second General Assembly
LLS NO. 99-0393.01 Jane Ard-Smith SENATE BILL 99-105
STATE OF COLORADO
BY SENATOR Phillips
LOCAL GOVERNMENT
A BILL FOR AN ACT
101 CONCERNING COUNTY ORDINANCES THAT REGULATE NOISE ON REAL
102 PROPERTY USED FOR BUSINESS PURPOSES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Deletes the statutory exemption of property used for
manufacturing, industrial, or commercial business purposes from county
ordinances enacted to regulate noise on public and private property.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 30-15-401 (1) (m), Colorado Revised Statutes, is
3 amended to read:
4 30-15-401. General regulations. (1) In addition to those powers
5 granted by sections 30-11-101 and 30-11-107 and by parts 1, 2, and 3 of
6 this article, the board of county commissioners has the power to adopt
7 ordinances for control or licensing of those matters of purely local
8 concern which are described in the following enumerated powers:
9 (m) (I) In addition to the authority given counties in article 12 of
10 title 25, C.R.S., to enact ordinances which THAT regulate noise on public
11 and private property except as provided in subparagraph (II) of this
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 paragraph (m); prohibit the operation of any vehicle that is not equipped
2 with a muffler in constant operation and is not properly maintained to
3 prevent an increase in the noise emitted by the vehicle above the noise
4 emitted when the muffler was originally installed; and prohibit the
5 operation of any vehicle having a muffler that has been equipped or
6 modified with a cutoff and bypass or any similar device or modification.
7 For the purposes of this paragraph (m), "vehicle" shall have the same
8 meaning as that set forth in section 42-1-102 (112), C.R.S.
9 (II) Ordinances enacted to regulate noise on public and private
10 property pursuant to subparagraph (I) of this paragraph (m) shall not
11 apply to:
12 (A) Property used for purposes which are exempt, pursuant to
13 section 25-12-103, C.R.S., from noise abatement; and
14 (B) Property used for Manufacturing, industrial, or commercial
15 business purposes; public utilities regulated pursuant to title 40, C.R.S.,
16 and oil and gas production subject to the provisions of article 60 of title
17 34, C.R.S.
18 SECTION 2. Safety clause. The general assembly hereby finds,
19 determines, and declares that this act is necessary for the|~ immediate
|~ 20 preservation of the public peace, health, and safety.