(1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance:
| 7:00 a.m. to | 7:00 p.m. to | |
|---|---|---|
| Zone | next 7:00 p.m. | next 7:00 a.m. |
| Residential | 55 db(A) | 50 db(A) |
| Commercial | 60 db(A) | 55 db(A) |
| Light industrial | 70 db(A) | 65 db(A) |
| Industrial | 80 db(A) | 75 db(A) |
In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted insubsection (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.
Periodic, impulsive, or shrill noises shall be considered a public nuisance when suchnoises are at a sound level of five db(A) less than those listed in subsection (1) of this section.
This article is not intended to apply to the operation of aircraft or to other activitieswhich are subject to federal law with respect to noise control.
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 proper authority or, if no time limitation is imposed, for a reasonable period of time for completion of project.
All railroad rights-of-way shall be considered as industrial zones for the purposes ofthis article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone.
This article is not applicable to the use of property for purposes of conducting speedor endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use.
For the purposes of this article, measurements with sound level meters shall be madewhen the wind velocity at the time and place of such measurement is not more than five miles per hour.
In all sound level measurements, consideration shall be given to the effect of theambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement.
This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine-made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement.
This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement.
(a) Notwithstanding subsection (1) of this section, the public utilities commission may determine, while reviewing utility applications for certificates of public convenience and necessity for electric transmission facilities, whether projected noise levels for electric transmission facilities are reasonable. Such determination shall take into account concerns raised by participants in the commission proceeding and the alternatives available to a utility to meet the need for electric transmission facilities. When applying, the utility shall provide notice of its application to all municipalities and counties where the proposed electric transmission facilities will be located. The public utilities commission shall afford the public an opportunity to participate in all proceedings in which permissible noise levels are established according to the "Public Utilities Law", articles 1 to 7 of title 40, C.R.S.
Because of the statewide need for reliable electric service and the public benefitprovided by electric transmission facilities, notwithstanding any other provision of law, no municipality or county may adopt an ordinance or resolution setting noise standards for electric transmission facilities that are more restrictive than this subsection (12). The owner or operator of an electric transmission facility shall not be liable in a civil action based upon noise emitted by electric transmission facilities that comply with this subsection (12).
For the purposes of this section:
"Electric transmission facility" means a power line or other facility that transmitselectrical current and operates at a voltage level greater than or equal to 44 kilovolts.
"Rights-of-way for electric transmission facilities" means all property rights and interests obtained by the owner or operator of an electric transmission facility for the purpose of constructing, maintaining, or operating the electric transmission facility.
Source: L. 71: p. 648, § 1. C.R.S. 1963: § 66-35-3. L. 82: (10) added, p. 424, § 1, effective March 11. L. 87: (11) added, p. 1154, § 1, effective May 20. L. 2004: (12) added, p. 736, § 2, effective July 1.
Cross references: For the legislative declaration contained in the 2004 act enacting subsection (12), see section 1 of chapter 219, Session Laws of Colorado 2004.