Sec. 7-2-20. Noise.
(a) Making Unnecessary Noise. A person who commits the offense of making unnecessary noise makes, continues or causes to be made or continued any excessive, unnecessary or unusually loud noise, or any unnecessary noise which unreasonably annoys, disturbs or injures another person of ordinary sensitivity or which endangers another person’s comfort, repose, health, peace or safety. Any unnecessary noise which occurs during three (3) days or more is a public nuisance, subject to the provisions of Article 1 of this Chapter.
(b) The following noises are unnecessary noises; however, this list is not exclusive:
(1) Horns, signaling devices, etc.: The sounding anywhere, except as a danger warning, of any horn or signaling device of any motor vehicle, the creation by means of any such signaling device of any unreasonably loud or harsh sound, the sounding of any such signaling device for an unnecessary or unreasonable period of time, or the use of any such signaling device when traffic is jammed.
(2) Devices amplifying sound for purposes other than advertising: Causing, using or permitting to be played any radio, tape recorder, CD player, speaker, amplifier, phonograph or other such device for producing, amplifying or reproducing sound in such a manner as to unreasonably disturb the peace, quiet and comfort of neighboring inhabitants, or at any time at a volume louder than is necessary for the convenient hearing of any voluntary listeners, unless a permit has been granted pursuant to Subsection (c) of this Section.
a. Outdoors. The playing of such a device outdoors between the hours of 9:00 p.m. and 7:00 a.m. the following morning on Sunday through Thursday, or 11:00 p.m. and 7:00 a.m. the following morning on Friday, Saturday, and any defined holiday, in such a manner as to be plainly audible a distance of fifty (50) feet from the device or source of the sound shall be prima facie evidence of a violation of this Section.
b. Indoors. The playing of such a device indoors between the hours of 9:00 p.m. and 7:00 a.m. the following morning on Sunday through Thursday, or 11:00 p.m. and 7:00 a.m. the following morning on Friday, Saturday, and any defined holiday, in such a manner as to be plainly audible a distance of fifty (50) feet from the building or vehicle in which the device is located, shall be prima facie evidence of a violation of this Section.
c. Holidays. For purposes of this Section only, “holiday” shall mean Martin Luther King, Jr. Eve, Valentine’s Day, Presidents’ Day Eve, St. Patrick’s Day, Cinco de Mayo, Memorial Day Eve, Juneteenth, Independence Day, Labor Day Eve, Halloween, Día de los Muertos, Veterans Day Eve, Thanksgiving, and New Year’s Eve.
(3) Loudspeakers and amplifiers for advertising: The use in any public place of any loudspeaker, amplifier or other device for producing or reproducing sound for the purpose of commercial advertising or attracting for commercial purposes the attention of the public to any structure or person.
(4) Hooting and whistling: Yelling, shouting, hooting or whistling in the street or public places, particularly during hours of darkness, so as to unreasonably disturb any persons in the vicinity.
(5) Animals: The keeping of any animal or bird which, by causing frequent long-continued noise, disturbs any persons in the vicinity.
(6) Defective vehicle or load: The use of any motor vehicle so out of repair or so loaded that it creates loud and unnecessary grating, grinding, rattling or other noisome kinds of noise.
(7) Loading and unloading, packing and unpacking: The creation of loud and unnecessary noise in connection with loading or unloading from vehicles or structures, or in connection with opening or destruction of bales, boxes, crates and containers.
(8) Construction: Construction work on structures or the development of property between the hours of 6:00 p.m. and 8:00 a.m. Monday through Friday; between the hours of 6:00 p.m. and 9:00 a.m. on Saturday; or at any time on Sunday. Construction work or development of property includes the erection, excavation, demolition, alteration, moving or repair of any structure or the development of any property including the operation of heavy equipment and construction equipment (crane, front-end loader, backhoe, trackhoe, dump truck, skid steer, excavator, pile drivers, compacter, ram sets, compressors, nail guns, power saws, pneumatic tools, jack hammer, palm nailer, hydraulic breaker, chainsaws, hammering or other similar activity and other heavy and loud construction equipment).
a. Homeowner Exception. A private homeowner may perform construction work on his or her own primary home or the development of his or her own property, only without the assistance of a general contractor or subcontractor, between the hours of 8:00 a.m. and 6:00 p.m., Monday through Sunday.
b. Urgent Necessity Exception. In case of urgent necessity in the interest of public health and safety a permit to exceed the limits must be issued by either the Public Works Director or the Building Official. Such a permit shall not be granted for a period which exceeds three (3) days and shall automatically expire sooner if the emergency ceases. If the emergency continues, the permit may be renewed. No period of renewal shall exceed three (3) days.
c. Transporting Exception. Transporting of heavy equipment on roadways is permitted one-half (1/2) hour prior to earliest hour of operation as authorized by this section.
(c) Permit to Exceed Time. Applications for a specified permit to exceed the times for amplified noise designated in Subsection (b)(2) of this Section may be made to the Town Manager or their duly authorized representative.
(1) The Town Manager may grant a permit under this Section only if they find that the granting of the permit is for the community’s cultural, historical or social benefit.
(2) Application. Application for such permit shall be made on a form provided by the Town, which shall include at a minimum:
a. The place or places the applicant proposes playing amplified sound;
b. The dates and times the applicant proposes playing amplified sound;
c. A description of the nature and extent of the potential impacts of the variance from the time limits designated in this Section, including a description of the sound source(s), anticipated decibel levels at particular distances from these sound source(s), duration, and other information as may be requested;
d. A narrative describing how granting the variance from the time limits designated in this Section is for the community’s cultural, historical or social benefit;
e. A permit application fee as determined by Town Council.
(3) Notice. Notice shall be mailed by the applicant to all property owners within one hundred fifty (150) feet of the property subject to the permit application, including individual condominium unit owners when applicable, by first-class mail at least fifteen (15) days prior to the Manager rendering a decision on the application. Prior to the Town Manager rendering a decision on the application, the applicant shall submit to the Town an affidavit or other evidence certifying that public notice was provided in accordance with the requirements of this Section. Notice shall be deemed adequate if notice was mailed to all property owners as listed on the then-current San Miguel County Assessor’s list of landowners.
(4) In granting a permit, the Town Manager may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community or the surrounding neighborhood. Any permit granted by the Town Manager under this Section shall be made in writing, shall contain all conditions upon which the permit has been granted, and shall specify a reasonable time that the permit shall be effective not to exceed three (3) consecutive days.
(5) Appeal. Appeal of any final action of the Town Manager or duly authorized representative pursuant to this section must be filed with Town Council within fourteen (14) days following such action. The Town Council may confirm, reverse or modify the actions of the Town Manager.
(6) An applicant receiving a permit under this Subsection (c) shall not be prosecuted for a violation of this Section unless the applicant violates the terms or conditions of the duly approved permit.
(d) For purposes of this Section, members of the Town Marshal’s Department are empowered to make a prima facie determination as to whether a noise is unreasonable, and may issue a citation to the owner of a property from which unnecessary noise is emitted, the person causing such unnecessary noise, and/or any other responsible party otherwise facilitating or permitting unnecessary noise to occur or persist.
(e) Town-sponsored events shall not be subject to the limitations imposed by this Section.
(f) Permitted events on Town-owned property shall not be subject to the limitations imposed by this Section, and shall instead by governed by the provisions included in any major or minor festival event agreement.
(g) The provisions of this Section shall not apply to either private or public (by or on behalf of the Town of Telluride) use of snow removal equipment within the Town of Telluride that is designed for the purpose of removing snow or ice including, without limitation, snow plows or heavy equipment used to remove snow or ice, blowers, sweepers and shovels, whether any of the same is operated by mechanical, electrical or manual means.
(h) Persons convicted of violating this Section shall be subject to a maximum penalty as set forth in Section1-4-10(a)(2) of this Code for each separate offense, and may be enjoined from any further or continued violation of this Article. (Prior code 8.08.010, 8.08.020; Ord. 1288 §1, 2008; Ord. 1296 §2, 2008; Ord. 1550 §1, 2022; Ord. 1584 §1, 2024)