City Council Minutes 2007 10 16 - Laserfiche WebLink

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City Council Meeting Minutes October 16, 2007 Page 10 of 15 Michael Menaker, 1827 W. Choke Cherry Drive, Louisville, CO noted the City of Denver noise ordinance is being challenged. He explained the differences between new motorcycles wii:h factory equipped exhaust systems and older motorcycles and motorcycles with after market exhaust systems. He noted even the motorcycles used by the City of Denver and the Colorado State Patrol would not comply with the restrictivE; decibel levels. He urged Council to create enforcement based standards and objective based performance standards. COUNCIL QUESTIONS Council member Muckle askE;d for the origin of the additional language regarding motorcycles. City Manager Fleming explained the City Attorney added the language based on the City of Denver's noise ordinance. City Attorney Light stated he received an email from the Denver City Attorney who noted their ordinance is under review. Light explained the language addressed applying decibel IE:vels to moving vehicles and equipment. Council member Muckle explained the ordinance was drafted based on other communities' noise ordinances and proposes a more objective standard for gauging noise and a simplified version of ordinances enforced by other communities. He suggested removing the language pertaining to motorcycles. Council member Marsella addressed the current ordinance and asked if residents have a right to sue for injunctive relief. City Attorney Light stated the state statute provides for a private civil right of action. Council member Marsella asked Mr. Clements if he filed a civil suit against his neighbor. Mr. Clements statE;d he had no other recourse. Council member Marsella voiced her concern the ordinance would not necessarily stop a violator, and the complainant would be required to go to court. She was also concerned over the enforcement. Chief Goodman stated the Ciity's current ordinance governs noise in general, but it does not measure noise in decibels. He noted only nine noise complaints were filed last year. He spoke specifically to Mr. Clements complaint and stated a motorcycle idling for 20 minutes is a nuisance, but it is not louder than the general limits for motorcycle;. Council member Muckle askE~d if enforcement would be more difficult. Chief Goodman stated it would not be more difficult, only more expensive. He explained the officers would have to be certified and sound measuring equipment would have to be purchased.