SEPA
United States Office of Noise Abatement February 1979
Environmental Protection and Control (ANR-471)
Agency Washington, DC 20460
Colorado Springs, Colorado
Case History of a Municipal
Noise Control Program
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Colorado Springs, Colorado
Case History of a Municipal
Noise Control Program
Prepared under:
EPA Contract No. 68-01-4982
Prepared by.
Consumer Dynamics, Inc.
11300RockvillePike
Rockville, Maryland 20852
U.S. Environmental Protection Agency
Office of Noise Abatement and Control
Washington, D.C. 20460
February 1979
This report has been approved for general availability. The contents of this report
reflect the views of the contractor, who is responsible for the facts and the
accuracy of the data presented herein, and do not necessarily reflect the official
views or policy of EPA. This report does not costitute a standard or regulations.
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ACKNOWLEDGEMENTS
This technical case study was prepared
under EPA Contract No. 68-01-4982
by
Consumer Dynamics, Inc.
Rockville, Maryland.
Under the direction of Hank Cox, Project
Manager, the study was researched and written
by Frederic C. May. The authors would like to
express their appreciation to the city officials
of Colorado Springs whose cooperation and
assistance made this study possible.
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EXECUTIVE SUMMARY
This technical case study of the noise control program in Colorado
Springs, Colorado, was developed to enable noise control administrators
and municipal officials from other local communities to benefit from the
experience gained in Colorado Springs. This study was prepared under the
direction of the Environmental Protection Agency's Office of Noise Abate-
ment and Control.
Colorado Springs was chosen for this study because the city has a
vigorous noise control program that receives enthusiastic support from
the city government and the populace. As with any local community pro-
gram for noise control and abatement, it is a unique product of many
community factors such as environment, demography, economic growth and
business composition, structure and function of municipal government,
and especially the interest and resourcefulness of the key individuals
responsible for operating the program. Because of these and other
variables, it is difficult if not impossible to attribute the program's
overall success to any particular aspect of the effort. Rather, this
report examines the Colorado Springs program in all of its 'phases with
particular emphasis on those aspects which could be employed successfully
by other local communities.
Those who use this report should avoid the oversimplification of
attempting to apply the methods used by Colorado Springs in an identical
way to their own communities. A successful community noise control pro-
gram will be a program that is responsive to the particular needs and
problems of that community. The significant ingredients of the Colorado
Springs noise control effort are the ideas and concepts that can be
appropriated from that city and adapted to the needs and problems of
other communities. How those ideas and concepts are specifically
adapted, however, can be determined only by the noise control administrator
or municipal official responsible for developing the program.
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Description of the City
Colorado Springs lies below Pike's Peak at the foot of the front
(eastern) range of the Rocky Mountains. The location offers city
residents easy access to a variety of outdoor activities. In addition
to the recreational possibilities, the semi-arid climate and moderate
temperatures are added inducements to new industries to locate in the
city. This, according to the Economic Development Department (EDD)
of the Colorado Springs Chamber of Commerce, is a big reason why the
city's population figure of 197,230 is nearly three times that cited
by the 1960 census.
The EDD has been conducting an extensive recruiting campaign to
entice into the area industries that are nonpolluting and do not use
large amounts of water and energy. The Chamber of Commerce sells the
city's high quality of life and community concern for the environment
in hopes of attracting only businesses which are fully compatible with
community needs. Some of those new businesses include Ampex Corporation,
Hewlett-Packard, Honeywell, NCR, and TRW-Colorado Electronics.
Nearby Army and Air Force installations employ a large segment of
the Colorado Springs work force. Federal, State, and local government
are the largest employers in the area, followed closely by retail trade
and services. Because of this commercial composition, the most common
sources of noise are vehicles ~ cars, trucks, and recreational vehicles,
especially motorcycles. It was largely because of the growing vehicle
noise control problem in Colorado Springs, that initiatives were taken
to develop a noise control ordinance.
History of the Noise Control Program
In 1971, in response to a growing number of complaints about noise -
particularly vehicle noise - the assistant city manager of Colorado Springs
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requested that Boulder's noise administrator send him a copy of the Boulder
noise control ordinance. The present Boulder ordinance, which was based
upon an EPA model community ordinance, was adapted by Colorado Springs with
very little change. Thomas Martin, noise control administrator in Boulder,
was then hired to administer the Colorado Springs program. Prior to an
essentially unchallenged passage of the city noise ordinance, Martin con-
ducted an extensive program to educate citizens about the hazards of noise
and to inform them about the new ordinance and how it works. He also
tested noise levels in various sections of the city during peak traffic
hours.
From July 1, to August 1, 1971, Martin issued warnings to more than
100 noise violators. After August 1, offenders who were summoned to court
were usually dismissed with a warning if they had achieved compliance with
the pertinent noise regulations.
Because warnings achieved only very minimal success in abatement of
vehicle noise, Martin's successor, Joseph A. Zunich decided that a more
rigorous enforcement strategy was necessary. To discourage violators from
reinstalling noisy modifications on their vehicles, as they had previously
done, he appealed to the presiding municipal judge to rescind the "warning"
system. Subsequently, that system was replaced with a more stringent penalty
system—when a municipal court order was issued in August 1976. Because
police activities were increasing with the rapid growth of the city, there
was a shortage of available policemen to assist noise technicians in enforcing
the noise ordinance. Since this lack of support compromised their enforcement
capability, Zunich and City Safety Director Darrel Barnes met with the police
chief and other city officials to work out a solution to a growing problem.
They agreed to allow certification of patrolmen as noise technicians, to keep
the noise control program separate from the police department, and to allow
it to function entirely under the direction of the safety director. Under
this system, the city's "noise cops" function primarily in a noise control
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capacity, though they are trained and qualified to perform normal police
duties.
The establishment of an enforcement mechanism separate from the
regular police department and the application of stringent legal penalties
for violations have greatly increased the effectiveness of vehicle noise
control in Colorado Springs. However, it is doubtful if these innovations
would have been successful without the support and cooperation of the city
attorney's office and the municipal judges. The close liaison between the
noise control administrator and the city attorney's office is a key ingredient
in the noise control program's effectiveness.
Current Noise Control Program
Although the original emphasis of the program was on abatement of
vehicle noise, under the direction of the second noise control administrator
the program has been expanded to include enforcement of other provisions of
the ordinance. Substantial effort is expended to prevent future noise
problems. For example, whenever a zoning change is proposed, detailed plans
of the change must be submitted to the city planning department which
solicits input from the noise abatement agency prior to making a ruling.
Noise control is included among the considerations of how the zoning change
would affect the community.
The noise control ordinance specifies maximum noise levels in decibels
for each zone, i.e., residential, commercial, light industrial, and
industrial. To assist the community in finding solutions to noise complaints
ranging from barking dogs and chain saws to model airplanes in parks on
weekend mornings, the noise control officers are available day and night to
investigate such disturbances. Once the nature of the noise, i.e., frequency,
source, and loudness of the disturbance has been established, the complainant
is asked to sign a complaint so that official action can be taken. Often
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Zunich and his staff find that a complaint is being used as part of a
neighborhood squabble and that the complainant refuses to sign a complaint.
The noise control officers have learned to avoid becoming involved in such
situations.
Good community relations play a large role in the success of the
Colorado Springs noise control program. Reasonableness in applying enforce-
ment techniques and favorable reporting of noise control activities by the
local news media have helped obtain public support and achieve voluntary
compliance. While noise control was not always viewed as a necessity by
the police department or the community, Zunich has found that voluntary
compliance can be nurtured through reasonable enforcement and use of meaning-
ful penalties for violators.
Key Program Components
Some of the more significant; concepts contributing to the success of
the Colorado Springs noise control program that could be emulated by other
cities are:
1. The noise control police officers were placed under the
direction of the Director of Safety allowing them to spend
most of their time enforcing the noise ordinance.
2. The old system of using a noise technician and a regular
police officer was superseded by the system in which the
police officer and the noise technician are the same
person, yielding greater efficiency.
3.. Repeat noise violators must pay increasing fines: first
offenders must post bond but are entitled to a partial
refund if they subsequently can prove compliance with the
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noise ordinance. The purpose of the penalty system
is to deter the occurrence of willful noise violations
as well as to discourage repeat offenses.
4. The city attorney's office was consulted prior to adapting
the ordinance to assure they could enforce it, and a close
working relationship between the noise control agency and
the attorney's office has been maintained to assure optimum
pretrial preparation.
5. The noise control officers receive extensive training to
assure efficient and proper enforcement capability.
6. The noise control office maintains good community relations
through reasonable implementation of its program and favorable
advertisement of the noise control program by local news media.
In summary, there are many factors contributing to the success of the
Colorado Springs noise control program. Because many of those factors
were directly related to possibly unique situations in Colorado Springs,
each contributing factor should be thoroughly evaluated before any attempt
is made at applying it to solutions of noise problems in other cities.
Zunich developed his program through a process of trial and error that is
described in this report. What worked for the Colorado Springs noise
control administrator may not work for others. For example, without the
close working relationship between the noise control staff, the police
department, and the city attorney's office, enforcement of the vehicle
noise standards would be less effective. The success of a noise control
program does not depend so much on the structure established to enforce
it as it does upon the effective communication and cooperation of the
officials involved. It is the considered opinion of the authors of this
report that the single most important element in devising and operating a
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successful noise control program is the development of effective communi-
cation among the executive, judicial, and legislative elements of muni-
cipal government.
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CONTENTS
EXECUTIVE SUMMARY ill
Description of the City iv
History of the Noise Control Program iv
Current Noise Control Program vi
Key Program Components vii
LIST OF EXHIBITS xv
I. DESCRIPTION OF THE CITY 1
Environment. 1
Demography 2
Area Employers 4
Transportation. 5
Education. 5
Local Government 6
II. HISTORY OF THE NOISE CONTROL PROGRAM 8
Passage of the Ordinance 8
Efforts of the First Administrator 8
Establishing the Current Program 10
Controversy and Opposition 11
III. NOISE ABATEMENT AND CONTROL LEGISLATION
AFFECTING COLORADO SPRINGS.. 13
Permissible Limits by Zones 13
Noise Restriction on Motor Vehicles .....14
Construction Projects and Railroad Rights-Of-Way 15
Hardship Permits. 15
Comparisons with the State Law 15
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IV. GENERAL PROGRAM ADMINISTRATION AND ENFORCEMENT PROCEDURES. . . 17
Program Administration 17
Enforcement Procedures 18
V. NOISE CONTROL OFFICER SELECTION AND TRAINING 24
VI. SPECIFIC PROGRAM ASPECTS 28
Vehicular Noise 28
Truck Noise 33
Motorcycle Noise 37
Planning and Zoning 39
Nonvehicular Noise 44
Aircraft Noise 48
Current Public Relations Efforts 50
VII. PROGRAM STATUS AND ABATEMENT RESULTS 53
Budget 55
Equipment 55
Program Development 58
VIII. PROGRAM ASSESSMENT AND SUMMARY 59
Enforcement 59
Engineering 61
Education 63
IX. APPENDICES
Appendix A
Colorado Springs Noise Ordinance A-l
Appendix B
Permission for In-Vehicle Monitoring B-l
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IX. APPENDICES
Appendix C
Implementation of Mandatory Fines . C-l
Appendix D
Letter to Elkins on Motorcycle Noise D-l
Appendix E
Noise Control Officer Appointment Form E-l
Appendix F
Zunich's Noise Control Program Presentation ....... F-l
Appendix G
Barking Dog Brochure and Warning Letter ........ G-l
Appendix H
Articles on the Noise Control Program H-l
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LIST OF EXHIBITS
TABLE 1 Census Statistics......*...... ..2
TABLE 2 Noise Limits by Land Use Zones 13
TABLE 3 Monthly Noise Control Activities 54
Figure 1 Estimates of Median Household Income for
Census Tracts 3
Figure 2 Pictures Showing Mast 21
Figure 3 Vehicle Complaint Form 29
Figure 4 Vehicle Violation Form 30
Figure 5 Summons and Compliance Forms , 32
Figure 6 Truck Route Map 35
Figure 7 Parent Warning of Motorcycle Violation 40
Figure 8 Planning Department Comment Form 42
Figure 9 Receptor Points .43
Figure 10 Monthly Activity Report , 53
Figure 11 Officer Richard Bowman Taking Inventory of
Noise Controlts Noise Surveillance Equipment*.*56
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I. DESCRIPTION OF THE CITY
To understand the need for and implementation of the noise control
program in Colorado.Springs, it is necessary to first describe the complex
combination of environmental, social, economic, and political characteristics
of the city. This section describes how those factors affect noise generation
as well as noise control.
Environment
There are three physical aspects of the Colorado Springs area which
enhance the desirableness of living or working in or near the city: topo-
graphy, climate, and a relatively pristine environment. The Economics
Development Department (EDD) of the Chamber of Commerce uses these
characteristics as part of its pitch in inducing industries to move to
Colorado Springs.
The city lies beneath Pike's Peak within a zone of topographical
transition from the Great Plains Region to the east, to the front range
of the Rocky Mountains on the west. Within 12 miles of Colorado Springs,
elevations reach 14,000 feet with the average elevation of the front
range being about 11,000 feet. To the north, the ground slopes upward
to the Palmer Lake Divide at 8,000 feet. To the northeast,and east there
are rolling prairies with average altitudes above 7,000 feet. To the
southeast the terrain slopes downhill dropping at a rate somewhat greater
than 1,000 feet per 40 miles. The wide variations in elevation result in
some very hilly streets in the city. More vehicle noise is generated in
climbing and descending such streets than would occur on more level terrain.
Receiving only about 14 inches of rain per year, the city has a semi-
arid climate; rainfall is measurable less than 25 percent of the year.
Average snowfall for any one year is 39 inches. Temperatures range from
-26°F to 100°F. With almost desert-like temperature ranges, nighttime
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minimum temperatures are nearly 30 cooler than daytime maximum tempera-
tures. Temperature extremes, however, are infrequent. Because dry air
transmits sound more readily than moist air, effective noise levels may
actually be greater in Colorado Springs than in a city with much more
humid weather.
During winter months a very strong wind system frequently forms
with winds (chinooks) as high as 100 miles per hour. The system is created
as a result of a compression caused by air descending the eastern slopes
of the mountains toward Colorado Springs. Temperatures, as a result, warm
to the mid 60's in January and to the 70fs in February. Recreation
possibilities such as skiing, hiking, and camping along with a dry moderate
climate have enticed many people and industries to locate in the area.
Demography
The population of Colorado Springs doubled from 1950 to 1960 and again
from 1960 to 1970. From 1950 through January 1978 the population has quad-
rupled. This tremendous growth has been a result, in part, of expanding
city limits as well as increased migration. Coincidental with this growth
has been an increase in vehicles. Table 1, furnished by the Colorado Springs
Chamber of Commerce, provides greater demographic detail:
TABLE 1. Census Statistics
Cicy Of El Paso County Metro Colorado Springs
POPULATION Colorado Springs* Metropolitan Area Approximate Percentages
1950 45,472 74,542 White - 85.02
1960 70,194 143,742 Black - 5.2Z
1970 135,060 235,972 Mexican/American - 8.5Z
1977 191,600 309,000 Other - 1.3Z
1978 197,230 317,660
1980 Projection 204,940 329,530
1985 Projection 235,930 377,200
1990 Projection 269,910 429,480
MCity limits have changed and are changing)
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As Figure 1 indicates, the higher income groups in Colorado Springs
are located to the north and southwest of the city. It is also into
these areas that the greatest growth is occurring.
ESTIMATES OF MEDIAN HOUSEHOLD INCOME TOR CENSUS TRACTS
r
By Cathy Mitton
City of Colorado Springs Planning Department
MEDIAN HOUSEHOLD INCOME
(IN OUOJ)
r
Ihe City Planning Depart u.cnt has
recently compleicd estimates of 1976
.tu-dian household income for each census
tract in the Colorado Springs Aros. The map
shown above presents these estimates. The *^-—
census tract number is shown along with the 1976 median income figure
for each census tract area. The area with the highest income is the
Bioadmoor, census tracts 31 and 32. These tracts have average annual
incomes of about $30,000. The area with the lowest income is downtown
Jolorado Springs, census tract 23. The residents of this tract have an average annual
income of less than $6,000.
Figure 1. Estimates of Median Household Income for
Census Tracts
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Associated with income is purchasing power. If it can be assumed
that a higher income generates more disposable income, it might also
be reasonable to assume that in the higher income areas there would be
a greater quantity of manufactured goods. For example, the fact there
are more motorcycles in those areas may be attributed to the high level
of disposable income also in those areas.
Area Employers
The largest single employer is government: local, State and Federal.
Located just north of the city is the U.S. Air Force Academy; just to the
south is Ft. Carson; to the east within the incorporated city limits is
Peterson Air Force Base; and to the southwest is the North American
Defense Command (NORAD). Although government may remain the single
largest employer for a few more years, employment in trade and services
is rapidly expanding, and a further indication of that growth is the
number of companies which have moved to Colorado Springs or experienced
major expansion since 1975. Among those companies are (number of employees
shown in parentheses): Ampex Corporation (1,400); Denver Equipment
Division of Joy Manufacturing Co. (344); Digital Equipment Corporation
(300); Honeywell Corporation (258); Litton Data Systems (350); NCR
Microelectronics (260); and Schlage Lock Division of Ingersoil-Rand
Corporation (430). Much of this expansion since 1975 is credited to the
recruiting efforts of EDD.
The EDD projects that by 1980 there will be more companies in the
metropolitan area in the areas of air freight, electronics, plastics,
water valve manufacturing and micro-film, with a total capital invest-
ment of $14,400,000 and additional employment totalling 2,145.
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It should be noted that the EDD's recruiting campaign has been aimed
at certain industries. According to Mayor Ochs, "...the type of industry
that is being wooed is nonpolluting, non-large users of water or energy."
(Colorado Springs, July 1978). And because of the limits on natural
resources, especially water, growth in the metropolitan area is not
expected to exceed 450,000.
Transpor t a t ion
The economic pulse of the city is directly related to the flow of
goods and services in and out of the city; transportation provides that
flow but often at the cost of causing noise problems. According to
Shelby Dill, director of the EDD, another important factor new industry
looks for in a new area is availability of transportation. Trucking,
he points out, is very good—34 trucking companies serve Colorado Springs
and offer interstate, coast-to-coast service as well as prompt intrastate
delivery. Rail service is provided by four railroads: Rock Island, Denver
and Rio Grande, Santa Fe, and Burlington Lines. Air freight is available
from the Colorado Springs municipal airport. Although direct passenger
service is not as good as could be, according to Dill, service in addition
to the present 68 daily flights is soon expected. Bus service to the city
is provided by Transcontinental, Greyhound and Continental Trailways, and
within the city by Colorado Springs Coach Company. Including commercial
air traffic, the greatest source of noise is from vehicles traveling to
or from Colorado Springs.
Education
In 1978, approximately 18,000 post-high school students attended the
area's 10 colleges and universities and there are many more school-age
children attending School District Eleven's 86 elementary and junior highs
and 11 high schools. Although the greatest proportion of the vehicle noise
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problem can be attributed to violators in the 17 to 30 age group, there
is a growing minibike noise problem involving the area's many school-age
children.
Local Government
How responsive a city is to the needs of its citizens is directly re-
lated to its government functions. In Colorado Springs, government plays
a large role in the enforcement success of the noise control program. On
July 6, 1920, the city charter granted by the State of Colorado was amended
to provide for a council-manager form of government. Because the charter
is the city's constitution, it establishes the form, functions and powers
of government. The city council derives its power as well as its responsi-
bilities from the charter. Under the council-manager system, the nine
council members are elected for four-year terms to serve without pay. At
present the mayor is chosen from among the council members, but will be
elected by popular vote beginning in 1979. The city manager who administers
the policies set by council is appointed by the (nine-member) council.
Certain other city officials also appointed by the council include the city
attorney, municipal court judges, auditor, and clerk-treasurer. All other
city appointments are made by the city manager.
Although the city council has the power to pass ordinances and resolu-
tions dealing with zoning, appropriations, or noise control, voters of the
city can decide issues through initiative and referendum. Qualified
electors such as the city manager or assistant city manager can propose
ordinances to the council. Should the council fail to adopt such an ordi-
nance, electors can put the issue on the ballot of the next election. A
council-approved ordinance can also be voted on through referendum procedures.
Several types of council meetings are held. The regular meeting is an
all day session held twice a month; the informal meeting is held on the
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Monday preceding each regular meeting so the council can advise the city
manager on decisions concerning city business. Once a month the council
meets as the Board of Public Utilities.
The council can also call public meetings or hearings on issues
affecting the community. All council meetings are open to the press and
general public except when matters concerning legal or personnel affairs
are discussed.
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II. HISTORY OF THE NOISE CONTROL PROGRAM
Colorado Springs has experienced tremendous economic and population
growth in the past two decades. Accompanying this growth has been a
substantial increase in the number of vehicles in and around the city.
Because business in the metropolitan area is primarily commercial, light
industrial, or military, the predominant source of noise is vehicular.
Long-time residents of the area exert a strong influence in environmental
matters, and as more information becomes available on the hazards of
excessive noise these people have become more conscientious and cooperative
in support of the city's noise control efforts.
Passage of the Ordinance
In response to complaints of increasing vehicle noise, Charles Heitman,
assistant city manager, requested in 1971 that the noise control administrator
of Boulder, Colorado, send him a copy of that city's noise control ordinance.
Current city officials recall that the only change made in the ordinance
was to change the name of the city from Boulder to Colorado Springs. Zunich
said the ordinance was based on the EPA model community ordinance which
regulates noise generation by land use and on research conducted by the
city of Boulder. As a result the ordinance was judged to be appropriate
for Colorado Springs. Heitman submitted the ordinance to the city council
which passed it without opposition. According to Barrel Barnes, city
director of safety, no one realized the impact the ordinance would have.
Efforts of First Administrator
After the new ordinance was passed but before it became effective,
the city hired Boulder's Noise Control Administrator Tom Martin to serve as
administrator of the Colorado Springs program. Placed under the juris-
diction of the city police department, Martin initiated in January 1971,
the first phase of his noise control program by launching an extensive
education program, addressing high school assemblies and interested civic
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groups. Also part of his publicity/education campaign, Martin publicized
the program in the Gazette Telegraph (GT) (a local newspaper) two months
before enforcement activities were to begin on July 1, 1971. (See
Appendix H for more detail.)
In May 1971, Martin announced in the paper he would begin the second
phase of the program by conducting vehicle noise level testing on weekends
during June in the municipal service center area. Testing was set up
specifically for those who lacked understanding of the ordinance, and who
wanted an opportunity to have their vehicles tested for compliance without
incurring a liability.
The third phase of Martin's program—enforcement—went into effect on
July 1, 1971. From July 1 to August 1, 1971, however, operators whose
vehicles exceeded 80 decibels at 25 feet were only given warnings and
"...an order to report to Martin's office for consultation on how best to
correct their particular situation." (GT August 9, 1972.) As of August 1,
offenders who received summonses, were required to pay a fine of $20, and
could plead guilty, not guilty, or guilty with an explanation. The viola-
tion was reduced to a warning, however, if the violator had achieved
compliance.
When Martin first undertook his responsibilities as the noise control
administrator, he reported to the city police chief. However, this arrange-
ment proved unsatisfactory and Martin was reassigned to the commander of
traffic coordination, Lt. Butler. From 1971 through the summer of 1974,
the noise control administrator was assigned to the police department while
the noise control technicians worked for Barrel Barnes, city safety director.
Because of internal police problems and insufficient staff, police officers
were often not available to work with the noise technicians. In an attempt
to gain better coordination of enforcement efforts between the noise control
administrator assigned to the police department and the noise technicians
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assigned to Safety Director Barnes, Martin was assigned to Barnes until
March 1975.
Establishing the Current Program
When the first noise control administrator began working on the noise
program in 1971 from within the police department, Joseph Zunich was
administering the city employee hearing conservation program for Safety
Director Barnes. Zunich was doubly qualified to assume the duties as the
second noise control administrator in April 1975: not only had he developed
a strong background in noise and its effects, but he had also been a Colorado
Springs parks police officer prior to 1971. He is currently considered one
of the noise control officers as well as being the noise control administrate!•
After a year of trying to make the old program work, Zunich determined
the noise control program required stronger enforcement measures. Early in
1976, Zunich and Barnes approached the police chief and several municipal
court judges with some proposed changes. At that time they agreed to the
selection of police officers for training in noise control and to the assign-
ment of those specially trained police officers to the director of safety to
perform only noise control activities. Although this arrangement has been
functioning very well, Barnes predicts the officers will, in the near future,
be reassigned to the police department in a move aimed at consolidating all
uniformed patrolmen; but both Zunich and Barnes believe that such a move
will ultimately create conflicts in enforcement priorities.
At approximately the same time, the 'go ahead' was received from Thomas
G. Darneal, assistant city attorney to implement in^vehicle monitoring, i.e.,
placing a sound level meter inside a patrol car. Previously, the noise
technician placed the meter on a tripod and monitored sound levels of vehicles
passing in front of the meter's microphone. Both in-vehicle monitoring and
use of the "noise cop" were novel techniques in noise control in the State
of Colorado,
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Not long after the noise control officer program was started, Zunich
appealed to the presiding municipal judge Norman Walton for discontinuance
of the court's practice of dismissing noise violations with a warning upon
presentation of a certificate of compliance issued by the noise control
administrator. On August 20, 1976, Judge Walton issued the order and
established fines and penalties for repeat noise violators (see Appendix C).
This step, in combination with other techniques that had been implemented,
has greatly improved enforcement capability.
Controversy and Opposition
Although there was essentially no opposition to passage of the
ordinance, some controversy did develop in 1971 concerning what monitoring
equipment should be used for enforcement. Bud Edmunds, a local acoustician,
had been elected to the Colorado State House of Representatives and was
working on the Colorado State Noise Control Ordinance at the time Colorado
Springs began purchasing monitoring equipment for enforcement of its
ordinance. He suggested the city could save a lot of money by purchasing
very inexpensive sound level meters for each police officer to carry.
Barnes strongly disagreed with the recommendation based on his own safety
experience; readings from a meter which could not be accurately calibrated
would be unacceptable as evidence in court proceedings.
To give his point credence, Barnes met with the court administrator
and judges. Since one of the judges was Judge Cook, an ex-FBI officer who
knew about certification procedures, little difficulty was encountered in
convincing all the court members what noise abatement procedures should be
followed. During that meeting Judge Cook also learned that sound level
meters were available which could be calibrated both before and after routine
use; the readings of these instruments could be recorded on strip chart paper.
It was agreed at that time that such recordings would be admissible as evi-
dence of a noise violation.
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After a few court cases, Safety Director Barnes met again early in
1973 with the court staff to request dropping the strip chart recording
requirement. Newer equipment was available which could lock in the
digital readout thus making the cumbersome strip chart recorders unneces-
sary; since the enforcement procedures previously implemented had established
satisfactory legal precedents, the court staff agreed to Barnes1 request.
Effective enforcement of the noise ordinance in the early 1970's was
hampered not only by lack of staff support from the police departemnt but
also by a lack of understanding on the part of the police officers themselves;
this was reported by police sergeant Bob Hapke who had training in noise
control. The officers, he said, were generally against noise violation
enforcement, chiefly because they had no appreciation for what the program
entailed nor for what useful purpose could be served by it. Through training
courses conducted by Hapke and others for other police officers it was
explained what noise control technicians' functions were, and what support
they could provide in the event an officer lacked sufficient evidence to
cite a loud vehicle.
In spite of these efforts only 30 percent of the officers had been
convinced noise was a problem. As the success of the program has grown,
however, officers have become less skeptical and more responsive to lending
their support for the current program.
According to the present noise control administrator, there has been
no organized opposition to any aspect of the noise control program;
occasionally individuals will complain about the program's apparent lack
of effectiveness through open forum-type columns in the Gazette Telegraph.
This kind of opposition occasionally arises as a result of personal conflicts
with personnel stationed at the nearby military bases.
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III. NOISE ABATEMENT AND CONTROL LEGISLATION
AFFECTING COLORADO SPRINGS
As mentioned before, the rapid growth of Colorado Springs has
produced an increase in the number of vehicles in the metropolitan area.
Reflecting the need for control of the resulting traffic noise, the
Colorado Springs ordinance emphasizes vehicle noise abatement. Since
the ordinance has been incorporated into Appendix A, only the more
salient features of the law will be discussed.
Permissible Limits by Zones
The Colorado Springs Noise Ordinance specifies maximum allowable
limits by zoning category for periods 7 a.m. to 7 p.m. and the following
7 p.m. to 7 a.m.; any level equal to or in excess of those limits is con-
sidered excessive and unusually loud and is, therefore, unlawful. More
restrictive noise limits were set in deference to residential needs. These
limits may be exceeded by 10 dB(A) for periods no longer than 15 minutes in
any one-hour period. Periodic, impulsive, or shrill sounds are considered
unlawful when the noise levels reach 5 dB(A) less than those specified in
TABLE 2.
TABLE 2. Noise Limits by Land Use Zones
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)
The areas specifically included within each zone are described in
the city ordinance included in Appendix A.
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Noise Restrictions On Motor Vehicles
The city ordinance regulates motor vehicle noise by gross weight of
the vehicle: there are two groups—those vehicles weighing less than
10,000 Ibs. and those vehicles in excess of 10,000 Ibs.
Vehicles weighing less than 10,000 Ibs. include cars, motorcycles,
and light trucks. At no time may vehicles in this weight class exceed
80 dBA except if they are used outside the city limits or where the city
has approved their use. The ordinance forbids exhaust modifications
(devices capable of making a system louder) from being sold, rented, or
installed, and forbids a vehicle fitted with such a device from being
operated within city limits. Exhaust modifications apply to both weight
classes but are usually found on vehicles in the under 10,000 Ib. weight
class. In practice, the devices can be sold provided the purchaser signs
a statement that he or she is aware of the ordinance.
Vehicles weighing more than, 10,000 Ibs., including heavy trucks and
buses, may not at any time exceed 88 dBA. During the day, between 7 a.m.
and 7 p.m. this level applies to travel by these vehicles on all streets,
but after 7 p.m. until the following 7 a.m. these vehicles must use
designated streets only. Because these vehicles must negotiate a number
of steep hills within the city limits, noise in excess of 88 dBA is
generated when engine brakes (Jacob's brakes) are applied. The noise
ordinance prohibits the use of Jacob's brakes; but during an emergency or
inclement weather the ordinance is not enforced. (See Appendix H-12.)
Emergency vehicles are not affected by the provisions of the ordinance.
Zunich stated, however, that exhaust systems on all city vehicles and equip-
ment comply with the city noise ordinance.
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Construction Projects and Railroad Rights-Of-Way
These two noise sources, construction projects and railroad rights-
of-way, must comply with permissible limits specified for industrial
zones (80 dBA/75 dBA). The length of a construction project is usually
regulated by the construction permit; however, if there is no time limit,
or if the project falls behind schedule, the noise control administrator
may have to make a decision about what is a reasonable length of time for
completing the project based on the noise impact on the community. When
construction workers begin work before 7 a.m. or end after 7 p.m., a
noise control officer must personally visit the site and issue a summons.
This seldom occurs with local construction firms who are familiar with
the noise ordinance, but some difficulty has been experienced with out-of-
town firms.
Hardship Permits
Hardship permits are granted by the city manager only to persons
creating a temporary non-vehicular noise disturbance which cannot in any
way be performed in compliance with general provisions of the noise ordi-
nance. The city manager, with advice from the noise control administrator,
may place time limitations and noise level restrictions on the permit to
minimize adverse effects on the surrounding community.
Comparisons with the State Law
Included among the provisions of the State law are those which
declare inapplicability (Federal preemption) as well as those which
clearly evoke State jurisdiction. Neither of these types of provisions
are in the city ordinance. For example, a provision included in the
State law provides that those activities subject to Federal law with
respect to noise are preempted from the jurisdiction of the law. Since
15
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in this case it is obvious the city has no jurisdiction, it was neither
included nor referenced in the municipal ordinance. Similarly, provisions
dealing with State adjudication procedures such as Section 25-12-105,
Violation of (State level) injunction, were also omitted from the municipal
ordinance.
Other differences between the two ordinances are attributable to the
section in the State law which prohibits State preemption of municipal
noise laws; the State law can preempt the municipal ordinance only if the
municipal ordinance is less stringent than that of the State. The most
stringent noise level in the State law is 84 dBA whereas the most stringent
level in the municipal ordinance is 80 dBA. Subsequently, the Colorado
Springs' ordinance requires that vehicles 10,000 Ibs. or less be approxi-
mately one-third as noisy as the State law for the same vehicles. Framers
of the State law used both the Boulder and Colorado Springs ordinances as
models. In addition, noise control administrators from both cities guided
the development of the State law. To prevent preemption of municipal
ordinances already in effect, they strongly recommended a less stringent
State law.
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!V. GENERAL PROGRAM ADMINISTRATION AND ENFORCEMENT PROCEDURES
From 1972 until August 1976, vehicle noise violators who returned
to court with a compliance slip usually paid a nominal fine and received
a warning. But repeat offenders abounded on Colorado Springs streets;
noise abatement measures clearly had not achieved noise control. As
discussed in the section on History of the Noise Control Program
(Section III), Zunich petitioned Judge Walton, in August 1976, to dis-
continue issuance of warnings; when the court order went into effect
that August, repeat offenders had to obey the noise law or incur in-
creasing fines and penalties. Coincidental with more stringent court
procedures was the development of more efficient program administration
and enforcement. The results have been an 80 to 90 percent success rate
in conviction of those cases going to trial, an increase in voluntary
compliance, and a quieter community.
Program Administration
The current noise control program receives its appropriations from
general city revenues, and is located within the city department of safety.
Because the noise control office is physically located in a department of
public utilities building, financial support for minor equipment purchases
is occasionally received from Utilities. Since the program is under Safety
Director Barnes' administrative control, he can ensure that noise control
officers spend the majority of their time in noise enforcement activities
rather than on general police duties.
Actual administration of daily noise control activities, however, is
the responsibility of Joe Zunich, noise control administrator. Unless there
are other safety priorities given to him by Barnes, Zunich determines how
much time each day should be spent in the investigation and follow-up of
noise complaints in vehicle noise enforcement, or in carrying out special
17
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noise programs such as officer training, attendance at seminars on noise
enforcement, conducting community attitude surveys, or making presentations
on the noise program to civic groups or schools. He is also responsible
for program resource management—equipment purchase and maintenance, budget-
ing, and manpower assessment and allocation. Also, in what may be one of
the keys to a successful enforcement program, he coordinates communications
on noise cases or problem areas with the city attorney, judges, city council*
and community representatives. Because of his experience in running a
successful noise control program, Zunich was asked to participate in the ECHO
(Each Community Helps Others) program sponsored by EPA, in which local noise
officials are sent to assist other local communities develop noise control
programs.
Enforcement Procedures
There are two other full-time noise control officers besides Zunich to
enforce the noise ordinance in Colorado Springs. Although they do respond
to nonvehicular noise complaints, the majority of their enforcement
activities are in vehicle noise control.
Routinely, one officer is assigned to a patrol car and the other
to a motorcycle. These vehicle assignments cause a-division in the type
of enforcement activities each is involved in: Richard Bowman patrols
city streets in a car equipped with an electronic sound level meter (SIM),
while Robert Proctor, on the motorcycle, pursues obvious violators in
vehicles fitted with exhaust modifications, or he chases down unlicensed
juveniles riding unlicensed motorcycles near residential areas.
The patrol car is the focal point of vehicle noise enforcement and
has been one of the main reasons for vehicle noise abatement success in
Colorado Springs. In many cities where vehicle noise monitoring is
conducted, sound level meters (SLM's) attached to tripods are placed 50
18
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feet from the centerline of vehicle travel. Upon indication of violation
from the noise technician doing the monitoring, a patrol car pursues and
apprehends the violator. As already discussed, this was the technique
used in Colorado Springs until the police officer and a chase car were too
frequently unavailable as a result of police department staffing shortages.
The staffing problem and vehicle shortage were solved when police officers
became certified as noise technicians and were able to use a specially
assigned car. The one-man-one-car concept gave the officer more enforcement
flexibility. With advances in meter technology, use of strip charts to
record dB levels for legal evidence of violation as been phased out: now
the officer needs only to lock in the maximum dBA reading reached as the
offending vehicle passes the patrol car. Upon request, the violator has
the opportunity to see this reading as he would the digital readout on a
speed radar gun.
When the officer gets into the patrol car before going on surveillance,
he attaches the SLM to a tripod mounted on or in front of the center console
in his car. The tripod is permanently secured to lessen vibration. A lead
wire, attached to a preamp on the meter, connects the SLM to the windscreen-
protected microphone attached to a mast. The mast is supported by a double-
legged hanger and hung on the left rear window which, when rolled up, secures
the hanger against the top inside edge of the door frame (Figure 2).
After Colorado Springs obtained permission to place monitoring equipment
inside the patrol cars with microphone supported on a mast outside, parking a
police sedan 50 feet from passing vehicles made the 50-foot monitoring
distance requirement in the State laws impractical. The safety director
and the noise control administrator decided that the'monitoring position
should be moved 25 feet closer to the source of traffic noise to facilitate
19
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patrol car maneuverability. The necessary adjustment is made for the
resultant increased dB reading to ensure fairness to the motorist under
observation.
When the officer apprehends the violator, he must use the same
caution any other police officer must exercise when approaching a stopped
motorist. Many times, another offense is connected with the noise vio-
lation and the officer must, therefore, be ready for anything.
Sometimes the officer must decide to cite a violator under the
municipal noise ordinance or the State vehicle law. For example, if
the individual is stopped for noise but is driving without a license,
the State code must be cited. And because both a municipal charge and
a State charge cannot appear on the same ticket, the city charge is
preempted.
Another aspect of the noise control officer's job depends on the
officer's ability to obtain complete and accurate information concerning
the noise violation. He must learn how to obtain this information so that
he can adequately prepare both himself and the prosecuting attorney should
the violator choose to go to court and contest the citation. Being ade-
quately prepared to win a case often depends on how well the arresting
officer can recognize an exhaust modification or any other type of vehicle
or nonvehicle noise-producing equipment. When an officer not trained in
noise control writes a citation, cases are often lost-according to Deputy
Research on this relatively new method of monitoring traffic noise has
been conducted by James D. Foch, USEPA Region VIII and Mary Beth Carlson,
Minnesota State Noise Control Program. A copy of the joint report,
Vehicular Noise Monitoring From a Microphone Mounted on a Patrol Car,"
is available through Region VIII Noise Office, 1860 Lincoln
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Figure 2. Pictures Showing Mast
21
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City Attorney Clara Cafaro; she believes that the city would not get the
degree of enforcement it currently does without the specially trained
noise control officers assigned to Zunich.
The noise problems handled by the attorney's office cause neither a
burden on the attorneys' time nor on their resources primarily because
they know what questions to ask to get the desired responses. With
assistance from the city attorney's office, Zunich developed a set of
questions to ensure that both officers and prosecuting attorneys present
the best possible case. These are those questions:
MDISE flBftTBBIT H1TM
i. HUME, OCCUPATION, NUHBEfl OF YEWS. SPECIAL TRAltltNS, EXPERIENCE
2. SO SfUOYED OH _ ?
3. DUTIES ON DATE AND TIME
1. ANYTHING uwsmu DESCRIBE
A, DISPATCHED PER COMPLAINT
B. LOCATION \fll£
C, OBJECTIVE (TO DETERMINE LEVEL OF SOUND BUTTING FROM BUILDINQ LOCATED
D. Die YOU USE ANY EQuipmwr TO DETERMINE SOUND LEVEL?
1. NHlUe BE
2. iBiUUifi ON USE OF EOJ1FMENT
E. toE OFFICERS POS1TTOB) m BELmni rn MQISE someg
1. IF NOIS6 SOUKS LOCATED WITHIN PIJBUC RIGHT OF WAY, AT LEAST
25 FEET FROM IT
2, IF WISE SOURCE ON PRIVATE PWPESTY OR OTHB THAN PUBLIC RIGHT
OF WAY, 25 FEET FROM PROPERTY LINES ON v*ncn NO:SE SOURCE LOCATED
3. EFFECT OF DISTANCE ON METER READING
F. EFFSCT OF flacstmic PRES.W ON METER SEAOIMS?' ATMOSPHERIC PRESSURE
READIN8 TAKEN? IF MOT, VW NOT? IF SO, HUM? RESULTS?
G. EfTECtOFttltnjaDCJIXONf€TERaEAD[rB? UlND VELOCITY READIMS TAKEN?
IF NOT, WHY? IF SO, HCW? RESULTS?
H. VlWHF OF EQUIPMENT PRIOR TO USE? LENBTH OF TIME?
I. "Era m IBPATFD? How? Hei? (PRE-AND POST-USE) RESULTS OF
CALIBRATION?
J. NOISE SOURCE «au5Ttffliir m*Tri> IF NOT, WERE YCO ABLE TO
THEJHKlBffmniy |pff|_-> Hy> Rgju.^ u
K. HW DID YOU USE KSTER ON - ? (fcUffED IT AT NOISE SOURCE)
i> DESCRIPTION OF WISE SOURCE
2. LENSTH OF TVS, OF
3.
L ^ 'N >HlfH NOIffi snn»n= >nrftmi (RESIDENTUL- OMCRCIAL. UGHT
INDUSTRIAL, HEAVY tMJJSTRIAL)
1 HlfiUFST
5. V^kT DID YOU DO THEN? .Jfl
6, STATEMENTS
rrf|
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Prior to prosecuting a noise violation case, the city attprney
will confer .with the officer who wrote the citation to ensure that infor-
mation is accurate and complete. Again, the key to a successful prosecu-
tion is having fully informed and prepared officers and prosecuting
attorneys.
Once an officer writes a citation for either a vehicular or non-
vehicular noise violation, the noise offender has several choices in
getting that citation resolved (a more detailed explanation is included
in Appendix C):
1. Pay the fine but do not comply with the noise ordinance;
2. Refuse to pay the fine and go to court; or
3. Pay the fine, obtain a compliance slip from Noise Control,
and receive a rebate on the fine without going to court.
Zunich pointed out, however, that although the violator is supposed
to go first to City Hall with the ticket and post a $25 bond for the
first offense, a violator will most often go directly to a muffler shop,
get the exhaust system fixed, and obtain a compliance slip from Noise
Control. The violator then goes to the violations department at City Hall
with the ticket and compliance slip and pays only $10 without having to
pay the full amount of the bond. Zunich indicated he was hopeful that
better procedures for handling violations would be worked out.
For cases that do go to court, the percentage of convictions for
vehicle noise offenses is between 80 and 90 percent. In contrast,
the rate of convictions in "complaining witness" cases is not as high
because past personal problems accentuate the actual seriousness of
the noise complaint.
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V. NOISE CONTROL OFFICER SELECTION AND TRAINING
Without well trained noise control officers, the most elaborate
noise enforcement schemes enjoy only a modicum of success. Likewise,
without the cooperation of the police department, courts, city attorney's
office and informed citizens, even the best trained noise control officer
is reduced to a data gatherer. The fact remains that most communities
which do not have noise-certified police officers, and have only noise
technicians, without police power, cannot possibly benefit from maximum
enforcement of their noise ordinance. This is because: 1) noise techni-
cians who are not police officers must wait for a police escort; and 2)
successful prosecution of noise violations is low because unqualified
police officers lack the knowledge of how to gather noise violation data
admissible as legal evidence. Colorado Springs' noise control officer
program is unique to the State of Colorado if not to most of the country.
Officer Selection Criteria
In the city of Colorado Springs, "Employment Announcement," posted
May 19, 1978, is the announcement for a noise control officer:
Duties and Responsibilities
1. Patrols the city of Colorado Springs using a noise enforcement
vehicle.
2. Responds to citizen noise complaints by monitoring with sound
level equipment and issues summonses as appropriate.
3. Monitors traffic noise; issues summonses.
4. Provides information to individuals and groups regarding noise
and noise control.
5. Prepares a variety of routine and special forms and reports.
6. Performs related work as required.
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Education Requirements
Must be a high school graduate with a minimum of two years
higher education in engineering, math or physical science and
three years of technical experience in same or a combination of
education and experience.
Required Special Knowledge or Skills
1. Must have knowledge of acoustical physics, higher mathematics,
and instrumentation.
2. Requires knowledge of the City's geography and skill in operation
of a motor vehicle.
3. Have the ability to observe situations, record them and react
quickly and calmly; ability to exhibit imagination, initiative
and problem solving to cope with a variety of enforcement
situations.
V. Must deal effectively with the public.
5. Must be able to follow written and oral instructions and write
quality technical reports.
6. Must be in good physical condition.
Other Requirements
Candidate will be expected to sucessfully complete Police
Academy Certification Training and pass a polygraph test and a
written test.
Salary
$891 - $1032
25
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Once the officer candidate satisfies the selection criteria, he or
she must first attend a 12-week course at the police academy. There the
officer candidate learns everything from proper wear of the police unifo*10
to arrest procedures. The next step after becoming a police officer is to
gain certification as a noise technician. He or she spends four weeks
with the noise control administrator learning how to handle telephone
complaints and every enforcement procedure, including how to testify in
court.
On completion of the four-week noise training program, each officer
is given both oral and written exams prior to certification. Here are a
few selected test questions and the answers from those exams:
From the Written Test
2. You are dispatched to investigate a "loud music" type of com-
plaint in a residential zoned area. You receive the complaint
at 10:46 p.m. (2246 hours) you arrive at 11:01 p.m. (2301 hours)-
You have also been informed that other officers have been dis-
patched to the same location earlier that evening and other
complaints have been reported in the past at the same location.
Explain your course of action.
2) Judgement answer i.e., answer should include reference to
dBA levels with measurement made as prescribed in the
ordinance at 25 ft. using sound level meter. If a violation
is recorded by the meter above ambient levels, a summons
should be issued since the parties had been previously
warned.
4. A request for a zone change for a new commercial business has
been requested from the planning department. The location is
zoned commercial and requested by the developer to change the
zone to light industrial. You take eight (8) noise level
readings at various locations adjacent to the planned new in-
* fio^iu r ?? ^tdln8S are aS follows' ^cation A, 68 dBA;
d^ H 7 S;*71 £ ; D> 71 dBA; E> 62 dBA; F>75 dBA>G*69
dBA, H, 71 dBA. Figure the ambient noise level and state if
you would or would not recommend the request for the zone
change.
26
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Answer:
A) Total of readings = 556
Average reading s 556 » 69.5 dBA
8
Zone change should be recommended.
From the Oral Test
1. Do you feel there is a noise problem in Colorado Springs? Explain.
2. Are you familiar with noise measurements? A. Wind velocity.
B. Building obstructions. C. Ambient traffic noise. D. Loud
cars together. E. I.S.O. requirements. F. "A" scale, one
third octave.
3. Do you object to working overtime at a last minute notice?
4. How do you feel in regard to wearing a weapon? Being called a
pig or other names? Made fun of in front of other people?
Obeying all rules and regulations dealing with your position?
Attending school on days off or changing shifts to attend
class? Attending classes for updating professional status,
i.e., D.D.C.; Multi-Media First Aid; Seminars; Professional
organizations; Safety Classes, etc.
After completing the necessary training for certification, the mayor
of the city of Colorado Springs appoints the individual to noise control
officer on a permanent basis (see Appendix E for appointment certificate).
Before performing duties alone, each new officer must ride with an experi-
enced officer five weeks.
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VI. SPECIFIC PROGRAM ASPECTS
Vehicular Noise
Much of the vehicle noise program in Colorado Springs has already
been discussed in previous sections since the emphasis in the noise
control ordinance is directed at abatement of vehicle noise. In this
section, there will be discussion of Noise Control's administrative
procedures for resolving vehicle noise complaints and violations, and
of methods for handling noise problems generated by trucks and motor-
cycles.
In Colorado Springs there are three methods for identifying vehicles
that do not comply with the noise ordinance. One is by electronic meter
surveillance using an SIM; another, by detection of exhaust modifications
by any police officer, and third, by following up on complaints of noisy
vehicles. Since the first two methods have been discussed in a previous
section, only complaint procedures will be discussed in this section.
When a complaint is received by the noise control office that a
particular vehicle seems excessively noisy, a warning is sent to the
registrants (Figure 3).
If the first warning is ignored and is only followed by another
complaint, a more strongly worded warning is sent to the offender
(Figure 4).
When a vehicle noise complaint is not voluntarily resolved, an officer
may have to conduct an on-the-spot compliance check using static test
procedures explained on page 31. If the vehicle is found in violation of
the 80 dBA (cars) or 88 dBA (vehicles over 10,000 Ibs.) limits, a citation
or summons is issued.
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CITY OF COLORADO SPRINGS
NOISE CONTROL OFFICE
411 W FONTANERO PO BOX 1575
COLORADO SPRINGS, COLORADO 80901
TO: DATE:
A complaint has been received by the Noise Control Office, that a vehicle registered in
the name(s) of:
(Year) (Make of Vehicle)
Hay be in violation of the City of Colorado Springs Noise Ordinances. It is possible
that If this vehicle is found in violation by'either the Colorado Sorings Police
Department or Noise Control Office, a summons could be issued for one of the following
Ordi nances: .
6-22-6. Exhaust Systems - Every motor vehicle shall at alt times be equipped
with ,an adequate exhaust system in constant operation and properly maintained to
prevent any excessive or unusual noise, smoke or flame, and no. person shall op-
erate a motor vehicle anywhere in this City which is not so equipped, or is equipped
tfith a muffler cutoff, by-pass, or similar device. It shall be unlawful for any
person to operate a motor vehicle with an exhaust system that has been modified in
a. manner which amplifies or increases the noise emitted above that emitted by the
exhaust system originally installed on the vehicle, and such original exhaust system
shall comply with all the requirements of this section.
8-3B. Hoise Prohibited - A. The making and ^creating of an excessive or loud noise,
or a noi.se which is unreasonable and objectionable because it is impulsive, con-
tinuous, rhythmic, periodic or shrill within the City of Colorado Springs as heard
without measurement or heard and measured in the manner prescribed in Section 8-39,
is hereby declared to be unlawful; except when made under and in compliance with a
permit issued pursuant to Section 8-49. In proof of a violation of this ordinance
evidence of noise heard and measured in the manner prescribed in Section 8-39, which
is less than that required for a conviction by use of test or measurement as set out
in Section 8-39A and 8-393 may be offered to prove a violation of this ordinance as
heard without measurement. The time and location of the noise as well as the above
mentioned characteristics of noise shall be considered in reaching a decision under
this Article. B. It shall be unlawful for any person to operate or to allow to be
operated any type of vehicle, machine, motor, airplane or device or carry on any other
activity in such a manner as would be a violation of Section 8-40, 8-46, 8-47 or ozher
applicable Sections contained herein.
The Noise Control Office offers compliance testing for noise levels on vehicles. If you
wish to have the above vehicle checked, please contact the Noise Control Office at 471-6610
for an appointment. Compliance checks are conducted on Monday, Wednesday, and Friday at
1C:00 a.m. and 1:00 p.m. The Noise Control Office hours are from 8:00 a.m. to 5:C" p.m.
daily, except Saturday and Sunday.
Any vehicle brought in for voluntary compliance test will not be cited during test.
Noise Control Officer
City of Colorado Springs
Figure 3 Vehicle Complaint Form
29
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CITY OF COLORADO SPRINGS
NOISE CONTROL OFFICE
411 W FONTANERO PO BOX 1575
COLORADO SPRINGS, COLORADO 80901
TO: * DATE:
' 'FILES"
This la to advise you that the vehicle being operated by you is in violation of the
City of Colorado Springs and Seat* of Colorado ordinances and traffic codas. The
vehicle you are operating is in violation of:
6-22-6. Exhaust Systems - Every motor vehicle shall at all tines be equipped
vieh an adequate exhaust system in constant operation and properly maintained to
prevent any excessive or unusual noise, smoke or flame, and no person shall op-
erate a motor vehicle on the streets and highways of this City which is not so
equipped, or is equipped vith a muffler cutoff, by-pass, or similar device. It
shall be unlawful for any person to operate a motor vehicle with an exhaust system
that has been modified in a manner which amplifies or increases Che noise emitted
above that emitted by Che exhaust system originally installed on the vehicle, etc.
8-38. Noise Prohibited - A. The making -and creating of an excessive or loud noise,
or a noise which is unreasonable and objectionable because it is Impulsive, con-
tinuous, rhythmic, periodic or shrill within the.City of Colorado Springs as heard
without measurement or heard and measured in the manner prescribed in Section 8-39,
x is hereby declared to be unlawful, ace.
42-4-222. Mufflers-prevention of noise (C.R.S. 1963) - Every motor vehicle subject
to registration and operated on a highway shall at all times be equipped with an
adequate muffler in constant operation and properly maintained to prevent any ex-
'ceaaive or unusual noise, and no such muffler or exhaust system shall be equipped
vith a cut-off, bypass, or similar device. No person shall modify the exhaust
aystoa of a motor vehicle in a manner which will amplify or increase the noise
emitted by the motor of such vehicle above that amicead by che muffler orginally
installed on*che vehicle, and such original muffler shall comply with all of the
requirements of this section.
If this vehicle continues co operate without correction of che violation checked, a
summons will be issued by che City of Colorado Springs Noise Office or che Colorado
Springs Police Oeparcmenc. Please cake necessary action :o bring this vehicle into
compliance. If you are not che owner of che vehicle in violation, please advise the
person co prevent a summons.
The Noise Concrol Office is offarim? a compliance case for noise levels on vehicles.
If you wish eo have che vehicle checked, please concacc che Moise Concrol Office ac
471-6610 for an appointment. Compliance checks are conducced on Monday, Wednesday, and
Friday at 10:00 a.m. and 1:00 p.m. the Moise Concrol Office hours are from 3:00 a.a. co
5:00 p.m. daily, excepc Sacurday and Sunday.
Any vehicle brought in for voluntary compliance test will not be cited during case.
Uoise Control Officer (Year) (Make of Vehicle)
City of Colorado Springs
Figure 4 Vehicle Violation Form
30
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Along with the noise ticket a violator receives an instruction sheet
(Figure 5A) explaining step-by-step how to correct the vehicle noise
problem. The sheet tells the violator to determine the cause of the viola-
tion, post a bond for $25 at City Hall, get the problem fixed, and then
schedule a time to go to Fontanero Street to have a compliance test performed
by Noise Control.
When a compliance test is run by the noise control office, it is a
static test, i.e., a passby test in which the vehicle being tested passes
in front of the patrol car outfitted with the same equipment, and in the
same perpendicular position relative to the line of travel of the offending
vehicle. The static-testing procedure was upheld by the Colorado Springs
municipal judges although in many other cities noise compliance testing is
conducted quite differently. In other cities, testing is performed by
holding the sound microphone 20 inches from the exhaust pipe, with the hood
open, and using a tachometer to determine sound level readings at various
engine speeds, 3000 rpm's usually being the test speed. Dr. Foch, a
sound expert who advises the city on noise problems, was instrumental in
obtaining approval for the static testing; he believes that placing a micro-:
phone only 20 inches from the vehicle does not allow adequate sound wave
propagation and is, therefore, an inadequate sound level measurement of an
exhaust system.
Figures 5C and 5D are compliance forms issued to a violator upon satis-
factory completion of compliance testing. Presenting these forms along with
the ticket to the violations department at City Hall will entitle the violator
to a $15 rebate on the original $25 bond. The form shown in Figure 5B is
maintained by the noise control office to readily identify repeat offenders.
Generally violators do not regard noise enformcement measurements as an
infringement on their civil rights, according to Zunich, In fact, he said,
some violators are often relieved when they learn a noise ticket cites them
only for an equipment violation and does not assess points against their
driving records.
31
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™™ &~ --
' tm CUM »r tta triounoB.
»)M(«
Figure 5A Instruction Sheet
Type of Violaton (Cause)
Dace
Suaaons No.
Nane
Middle
Lasc
Address
SSt if Military
Dace of Birch
License 1
SCace
Year
Car Color
Model
Court:
Make
Year
Figure 5B Repeat Offender Form
mm conn ana
cm a CO.OMIO SMIKI
IINICII HOIK CO*rll«IIC( CIITIMCITI
Wdroll:
feu
Mil
nil portoo Ml uioo corroetln OMUTOI u cornel IM mlelo Mill
thO VOAtClO ROM OMU City M1M I
UrttflM li:
fcu« (Mini orriur
Cltr «f CilorMo Strtio
Figure 5C Compliance Form
«IU COniMI OrtCI: ItUUI not (.IMIlln
• T llNU <• or l« wolty. of •n.ciix.n- kind or mtm. •«•
•r >ccm. of .-, acur or HUM o»o. oiltud. or iirffoncl to M MM 07 uio
Cltr. 10 ioootf .no cvloifMI irl.ln. fro I /nit. coBllinco e«««« conucuel o.
Figure 5D Compliance Form
32
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When asked who most noise offenders are, Safety Director Barnes
replied that they were in the 17-30 age group. Many are military personnel
from Ft. Carson. Although they register their vehicles in other localities,
they do not make any attempt to comply with noise ordinances (if any) in
their home States or towns and do not think that Colorado Springs' ordinance
applies to them, especially not if they are only going to be stationed in
the area temporarily. Barnes cited an example of a Canadian citizen on a
brief assignment with NORAD (north American Defense Command). Since the
individual was going to be with NORAD only a fev months, he did not feel he
should have to comply with the Colorado Springs Noise Ordinance. His car
did not pass the monitoring test; nevertheless he was required to comply,
and did so by purchasing a standard muffler before returning to Canada.
Faulty exhaust-systems or sound-producing modifications attached to an
exhaust system account for nearly all the violations issued on vehicles
under 10,000 Ibs. Retailers of the devices, after negotiations and agree-
ments with Noise Control, now require the purchaser to sign a statement
saying that 'he or she is aware that such modifications are illegal within
the city limits. This action absolves the retailer from any liability
connected with the use of the product.
Zunich cited an example of a local car dealer who sold a car with a
modified exhaust system. Just after purchasing the car, the new owner -
received a noise summons. At Zunich's request, the car dealer installed a
*ew standard exhaust system at no charge to the customer. Since the dealer
had only been asked and not coerced into making the change, it is further
evidence that local merchants are making a voluntary effort to comply with
the noise ordinance.
Truck Noise
Only brief mention has been made up to this point about noise from
vehicles weighing in excess of 10,000 Ibs. Because of the magnitude of
33
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difference In noise generated by vehicles under 10,000 Ibs. and those
over that weight, regulation of noise from heavy trucks includes more
than the exhaust noise only regulated for vehicles 'in the lower weight
category. Engine noise can contribute as much to overall truck noise
as exhaust noise. This is particularly the case when trucks frequently
have to downshift to negotiate streets in hillier parts of the city.
Although the use of Jacob's brakes (engine braking) Is prohibited by
ordinance, Zunich pointed out that enforcement of the provision is less
strictly enforced during inclement weather.
In 1973, truck routes through the city were first established, and
have since been updated. A committee selected by the city manager was
set up to periodically review both old and proposed truck routes. The
committee includes at least one private citizen, commercial truck owners,
and teamsters' representatives. The city traffic engineer and the noise
control administrator act as advisors to the committee. Recently, the
traffic engineer surveyed all major retail and wholesale businesses in
Colorado Springs to determine how their materials were delivered and by
whom. Then, over 3000 maps of designated truck routes were sent to city
businesses and to inter- and intracity truckers regularly servicing those
businesses. Figure 6 shows a much reduced version of the map they received.
Exceptions to the truck route ordinance do occur—when truckers get
lost or must use an undesignated street for access to a construction project.
Whenever a truck is found on a nondesignated street by the noise control
officers or other police officers, it is usually only necessary to advise
the trucker that he has strayed from the designated route, show him a map
of the noise abatement designated streets, and warn him to check with his
dispatcher concerning the streets he should be using. Zunich gave an example
of an exception in vhich cement and other construction vehicles must enter an
established residential area to reach construction sites of new homes. He
usually receives complaints when such a situation occurs. His reply to
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TRUCK ROUTES
.,.^n' ••»
NOISE
ABATEMENT
DESIGNATED
STREETS
•24
Figure 6.
Routt
complaints in such a case is that the situation is temporary, and as
long as the trucks take the shortest possible route through the community
and return the same way, there is no problem. But recently two cement
truck operators were issued summonses and were suspended by the.'r company
for failure to cooperate with the city's noise control program. However,
a grievance was filed against the company by the teamsters union local.
The issue is pending.
A problem involving trash trucks was solved largely through the
combined voluntary compliance efforts of both truck drivers and owners.
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Residential noise limits restrict noise levels to 50 dBA or below from
7 p.m. to 7 a.m. As a result of past complaints of trash pickup at 4
and 5 a.m., the noise control administrator met with the trash and garbage
haulers. The understanding reached at the meeting, was that haulers would
be able to go into commercial areas but not into residential areas from
7 p.m. to 7 a.m. and, under the terms of the ordinance the drivers, not
the owners or managers of the hauling companies, would receive the fines;
only the person responsible for making the noise can be cited. Zunich
recalled the case in which this was tested. When a trash truck driver
who had received a summons pleaded guilty, Judge Fischer denied the plea
and requested the owner of the truck to appear in court. Section 8-38,
paragraph B of the noise ordinance states, "It shall be unlawful for
any person to operate or to allow to be operated any type of vehicle,
machine, motor... in such a manner as would "be a violation of... (those
sections pertinent to permissible noise limits and vehicles). Judge
Fischer applied a literal interpretation of that section to the case
and fined the owner. This action was opposed, however, by the other
judges and the city attorney because they believed it set a bad
precedent.
The trash trucks continued to go into commercial areas as agreed.
One problem arose when a pickup was made at a convenience store adjacent
to a residential area. Because the resulting noise exceeded allowable
limits, drivers received summonses. Trash truck owners and operators had
been previously told by Zunich«s predecessor that they could make pickups
from commercial establishments adjacent to residential areas. Angered at
the apparent inconsistency, it was necessary for Zunich to call another
meeting with them and the city attorney. It was resolved at this meeting
that their routes would have to be changed to comply with the ordinance;
they agreed, and Zunich says there have been no complaints since. One of
the collectors, however, has not complied. Zunich attributes this contrari-
ness to the individual's apparent lack of environmental concern for the
community. At the meeting this person threatened a walkout but was not
36
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supported by any of the other truckers. Although summonses are still
issued to this trucker, he has not entirely complied, and Zunich could
not give an answer as to how he will deal with him in the future. Even
though complete cooperation has not resulted, this example illustrates
how some degree of voluntary compliance can be achieved through simple
negotiations.
Motorcycle Noise
Of all the vehicle noise in and around Colorado Springs, motorcycle
noise is causing the most community concern. Motorcycle noise not only
bothers residents but also chases wildlife away and the cycles tear up
the sparse ground cover. Most of the offenders are juveniles who have
neither operating permits nor registrations for their motorcycles.
Riding is usually on private lands adjacent to residential areas.
In most cases, citations given to motorcycle riders in the fields
are for zoning violations. Sixty to 70 percent of these offenders are
juveniles and the citations must be written on a juvenile summons. The
offender appears before a juvenile hearing officer and, according to
the noise officers, usually given nothing more than a slap on the wrist*
However, when the officer writes a citation for lack of a recreational
permit on the vehicle, the offender must appear in traffic court and is
treated as an adult. Noise Control Officer Bob Proctor stated that
the citation for this offense is a bit more effective than a citation
for a zoning offense. Beyond receiving a citation for a zoning offense,
neither unlicensed motorcyclists or minibike riders nor their parents are
held liable for a noise violation. The only time a parent can be legally
held accountable for an offense is if an officer's chase vehicle is
damaged when pursuing a youthful offender. This was the case when Officer
Bob Proctor's motorcycle was recently damaged during pursuit of a juvenile
37
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riding on private property. The extent of the parent's liability was
confined to reimbursement of repair expenses. The only other liability
that can and has occurred is the loss of an unregistered motorcycle
through confiscation. Noise control officers confiscated so many that
the city's impound lot rapidly became crowded with the vehicles.
Presently, however, only occasionally is a motorcycle confiscated.
In spite of nearly 600 complaints of motorcycle noise received in
1976, Safety Director Barnes reported that the only pressure encountered
against noise control had been from local motorcycle riders and dealers.
The opposition came in response to a proposed ordinance, known as the
Stockton Ordinance, in which a motorcycle rider must have a permit signed
by the owner on whose land the motorcyclist is riding. When the noise
control administrator presented the ordinance to the city council in
September 1976, he was advised to form a committee of bike riders,
interested citizens, and property owners. After six months, the special
committee chaired by James Quackenbush, a local resident, had reached an
impasse on the Implementation of the Stockton Ordinance; they recommended
to the city council that if the Stockton Ordinance could not be implemented
that a more stringent ordinance than they now had would have to be passed.
At that meeting two motorcycle dealers were present and asked for further
delay to submit a proposal for a motorcycle park. Because a concensus
of opinion had not been reached on the implementation of the Stockton
Ordinance, the Council granted the delay and recommended that Quackenbush
outline proposed guidelines for further committee study.
But even though a motorcycle park was discussed as an alternative
to a stricter noise ordinance, no action has been forthcoming from either
the city or the special committee. In September 1978, a $10 million park
Plan was unveiled but no plans for motorcycle trail or park were included.
Barnes stated that although no finances had been specifically allocated
for the motorcycle park, a plan was still being developed.
38
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Meanwhile Zunlch is continuing a program to arouse voluntary
compliance among parents of youthful offenders. Whenever a minor is
apprehended or contacted by a police officer, a letter is sent out
from Noise Control (Figure 7).
When EPATs draft of the "Sound Level Test Method for Motorcycles
(F76)' (including noise level standards) was published, Zunich responded
to EPA's request for review of the proposed EPA standards by State and
local agencies. His reply included an appeal that EPA standards be set
at least as stringent as existing municipal laws, that testing procedures
be simplified, and that there be a regulation on replacement motorcycle
exhaust systems. (See Appendix D for more detail.)
Planning and Zoning
The Colorado Springs Noise Ordinance specifically defines limits for
four categories of land use as already discussed. The objective of this
provision is not only to control noise levels of current sources but
also to prevent the location of new noise sources that would be expected
to exceed levels in or near noise regulated areas. This latter part of
the objective depends on the effectiveness of the city planning department.
How the noise control administrator influences the decision of the planning
department as well as how that department functions with regard to noise
control are the subjects of discussion in this section.
The planning committee consists of representatives from several city
departments and serves as a focal point of on-going city and community
cooperation for determining the best use of land areas. The planning
department receives recommendations from the planning committee and makes
the final decisions on zoning and land-use changes. In addition to Noise
Control, the planning committee also includes these members:
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CITY OP COLORADO SPRINGS
NOISE CONTROL OFFICE
411 W FONTANERO PO BOX 1575
COLORADO SPRINGS.COLORADO 80901
Parent:
This is to advise you e/wt vour c-hil-.i or a minor -;n<.;V- yc-:r saner:-.- • ^c:
was contacted operating j n.^arcnc-:-- it vi./^c.-v, a: . "-. .-. a.ic Cisy -•••"
Colorado Springs
The problem of iJiecaJ motorcycles , especially those £?•=•:,!« operated iu
minors, tuts created axco" ive problems in the coiamuni ~cy. Motorcycles
not properly muffled being operated in vacant lots .;-at!;-i.->c e^cssrivs
noiso. erosion to property, and use of private prepare,' w::.*ioue par-
mission tea the laading complaints. The younger riders are perhaps
not aware or these problems, but you *s a citizen and neighbor, are.
The issuing of sunnonse^ to minors h.ts not betin the ,•*•>; ;ry of this office
and the Colorado Springs Police Department! tiounvar , u'uo Co the amount of
complaints and disregard of previous earnings, it is difficult to maintain
this policy. Minors vho operate a motorcycle vitfiout .1 valid operators
license, proper registration, use of proper safety •.^uirirw.Tt required au
/aw, can result in a sussrons to t!u? operator. Drones wftc permit, ailov,
or cause a minor to operate a awtor venicie, in E.^JS c.?se 5 fliotorcucJe,
can bo issued a summons also.
The purpose of this letter is to reguest your assistance in reducing this
problem. If you have purchased a motorcycle or mini-bike for your chili,
do you know where it is fcciny ridden? Is it i.ois't? Is it a problem i-
your neighborhood? In moat complaints received, the individual 'jsnall^
knous the name of the chili and w/iere the aiotorcyci* is
-------
1) A representative from the police department who is concerned
with potential patroling problems which would result from a
zoning change;
2) A representative from the fire department who is interested
in ensuring adequate access for pumping trucks or fire plugs;
3) A representative from the public utilities department who can
identify problems with gas, water, electrical power, or sewerage
systems;
4} A representative from public works who is concerned with drainage,
streets, repair, and catch basins;
5) A representative from El Paso County who serves as a liaison
to convey to the county what potential environmental economic
impacts a proposed zoning change might have; and
6) The traffic engineer concerned with traffic flow, and access
to city streets and major arterials running through the city.
To assist in planning, Noise Control conducts noise surveys at
strategic points potentially affected by any new noise sources; it also
conducts community attitudinal surveys among residents potentially
affected by noise associated with a change in land use.
Typically, the individual or group desiring a zoning or subdivision
approval change must go to the planning department to submit an applica-
tion. The application package, including a plat on which proposed
changes are indicated, is forwarded to the joint planning committee for
their comments on the third Wednesday of every month. Comments by each
member are recorded on the form (Figure 8).
-------
0 DEVELOPMENT TECHNICAL COMMITTEE
a MINOR LAND SUBDIVISION COMMITTEE
O PLANNING DEPARTMENT REVIEW
a
C PUBLIC WORKS OEPT
r C T.ENGR.DEPT,
3 S PARK OEPT.
Q UTILITIES
Q POLICE OEPT.
O FIRE DEPT.
JZ--NOISE
3 SCH. OIST.»-_
O REG. BLOC.
= PPACG
C COUNTY
2 MTN BELL
leautst by ««lt«r Dr*k« and Son*. Inc. tor approval ot *
OMk. SuWlvt.l-n riUng Wo. 3 lo«t«
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Figure 9 Receptor Points
If, as a result of its survey, Noise Control finds that additional
amounts of noise resulting from the zoning or land-use change would not
raise present ambient levels, they usually indicate approval.
Several groups in the city have combined to exert an influence on
the noise control considerations of city planners. The Council of
Neighborhood Organizations (CONO), including the Sierra Club, League of
Women Voters, Springs Area Beautiful Association, and the Citizens Lobby
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took up the issue of noise pollution controls at a meeting of the CONO
in July 1974; several possible noise control measures were recommended.
Among the suggestions was that for setting noise limits on certain
types of zoning categories including land presently platted, land
platted in the future, and both new and existing streets. CONO's
objective in developing a new noise ordinance using these categories was
to reduce all street noise to 55 dB. In a meeting in September 1974, CONO
defended a scheme for a mass transit system in lieu of the city planning
department's "advocacy of an enlarged arterial system for this city
because of the increased traffic congestion." In spite of these and
other community efforts to control highway noise, construction of new
arterials is continuing in order to accommodate the tremendous upsurge
in vehicle traffic since 1974.
Nonvehicular Noise
Enforcement of nonvehicular noise ordinance provisions is achieved
through a complaint process. Complaints of noise from barking dogs,
outdoor concerts or advertisers, model planes and boats or other such
noise sources, is received by either the police department or Noise
Control. Using information cards containing facts about the nature of
the noise and the complainant, complaints are scheduled into each day's
activities after a determination of which complaints require the most
urgent responses. When a complaint is received that requires immediate
attention, one of the noise control officers will respond day or night-
Having investigated the complaint and attempted to effect a solution,
Zunich will advise the complainant of the status of the complaint. He
believes followup is an important aspect of maintaining good community
relations and in promoting voluntary compliance.
To illustrate how the complaint program works, Zunich related the
case of a woman who 8lgned a complaint against what she believed was
excessive noise made by nearby church bells. She not only wanted to
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a complaint but she also wanted to take the pastor of the church to court.
At six a.m. on a Sunday morning, Zunich took measurements at her property
line and recorded 58 dBA which is 8 dB over the allowable residential
limit for 7 p.m. to 7 a.m. He met with the pastor and a lay group from
the church, and conducted an attitudinal survey in the community to
determine level of annoyance. In a followup telephone call to tell the
complainant his findings, Zunich first asked the complainant about her
sister who had taught at the church school and had been fired. When asked
about this, the woman hesitated, and replied she no longer wanted to
Pursue the matter. Zunich had even gone so far as to propose an amend-
ment to the noise ordinance that would have exempted church bells, regulated
the time they could be played, or abolished bell ringing in the city. But
since the woman had been the only individual annoyed by the bells, and
since noise from church bells or church music was not covered in the
ordinance, the case was closed.
In view of this example, and with respect to investigating noise
complaints* Zunich believes he has to be constantly aware of the circum-
stances surrounding a complaint. If he discovers the situation involves
a feud between neighbors, he will require one of the parties to sign a
complaint. If the complainant declines, Zunich drops the case. As
pointed out previously, court cases involving "complaining witnesses"
yield poor conviction rates because the complaint is usually based on
Personal intanglements rather than on bona fide noise problems.
Another type of complaint involves a growing noise problem in
Colorado Springs. It concerns individuals who recognize the problem
out not the obvious solution. The motorcycle noise problem in restricted
Residential areas draws more complaints in those communities than for any
other noise problem. Zunich reported it was so bad in one affluent
neighborhood that the residents drew up a petition to get the city to
take action. He points out that it is ironical, however, that it is
the sons and daughters of the petitioners who are the noise offenders.
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But the complaint program does work. Safety Director Barnes recalled
an example of what seems to be a typical response by people in the
community. A councilman owns several hardware stores in the city; in an
alley behind one of the stores chain saws and lawmowers were being opera ted •
A lady living across the same alley kept a small child who slept during the
day. When she complained about the noise, the councilman discontinued
equipment testing outdoors—an immediate and effective resolution.
Resolving a complaint often requires a response from a city agency.
To prevent problems before they start, Zunich maintains a close liaison
with the department of parks and recreation on the matter of issuing
permits for a noisy activity to be held in a park. However, the permit
is issued jointly by Parks and Recreation and Noise Control only when
sound amplifying equipment is to be used at an event in a city park.
Then there are situations where use of a park does not facilitate the
use of permits. In the city there are a large number of model airplane
enthusiasts who flock to the parks on weekends. To prevent the high-
pitched-drone noise from these planes from impacting the same area every
weekend, the city requires that the use of parks be rotated each weekend
to another park in another part of the city.
With the rapid expansion of the city has come a different kind of
complaint-that involving industrial noise. And even though there is no
heavy industry locating in Colorado Springs, any new noise in a previously
quiet area evokes the ire of nearby residents. This was the case when
Dr. Robert Stabler and members of the Holland Park Homeowner's Association
protested to city council regardine the continuance of the current (1973)
noise variance allowed Western Forge Corporation, a manufacturer of hand
tools. For 25 years, Dr. Stabler had been a resident of the Bluffs over-
looking the plant. He stated in an article which appeared in the Gazette
Telegraph on May 18, 1973, that covenants protecting the industrial park
46
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were being violated by Western Forge. The forging operation, he
claimed, had grown so big and so noisy that it exceeded the noise
limitations set forth in the covenants. The limitations Dr. Stabler
referred to were those cited in the article:
No noxious or offensive trade or activity shall be carried
on, nor shall anything be done thereon which may be or
become an annoyance or nuisance in said (Pike's Peak)
Industrial Park thereby restricted by reason of unsightli-
ness or the excessive emission of odors, dust, fumes, smoke
or noise.
Before the first noise control administrator had been hired,
Safety Director Barnes received the noise complaints of the residents
living in the Holland Park area on the Bluffs. The plant subsequently
erected an earthern berm along one side of the plant. But in the face
of continuing complaints, Jim Manella, plant engineer for Western Forge,
hired Bolt, Baranek and Newman, a Cambridge, Massachusetts consulting
firm, to conduct a noise study in and around the plant to determine
noise levels. Based on BBN's recommendation, insulation and various
other engineering controls were installed in the plant to reduce overall
noise emissions.
In addition to installing engineering controls, the working hours
were varied in deference to community needs so that stamping operations
were discontinued by 10:30 p.m.
Robert L. Nass, Plant Safety Engineer, claims that routine noise
monitoring indicates that traffic from nearby 1-25 generates more noise
at the plant boundary lines than does the plant itself. But Manella
believes the $120,000 spent for noise control measures was not wasted
even though noise levels inside the plant have not been substantially
reduced; both workers and residents appreciate the noise control efforts.
And some of the abatement solutions implemented in the Western Forge
Corporation have been adapted by other forging operations around the
country.
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Although most complaints are handled verbally, the present noise
control administrator was required to devise a different system to
handle complaints against owners of noisy pets or animals. Of those
complaints received by Noise Control for January through August 1978,
approximately 5 percent were for noisy animals alone. In an article
Zunich wrote for the Gazette Telegraph on June 23, 1976, he said that
barking dogs (in particular) become an even more difficult problem than
noise caused by loud music, motorcycles, or general traffic. The
sharpness of a dog's bark can considerably increase the noise level in
a neighborhood, he said.
In most cases, dog owners are uninformed about why their dogs'
barking can become a nuisance. By sending an informational brochure to
the offending animal owners along with a letter (see Appendix G for
brochure and letter) warning that another complaint could result in a
summons, many barking dog problems are resolved. However, if a second
complaint is received, a noise control officer goes out to the offender's
residence or wherever the animal is creating a disturbance. When a dog
is tied up and the owner is gone, the officer obtains a court order and
has the humane society pick up the animal. The dog owner is then served
with a summons to appear in court.
Aircraft Noise
The Colorado Springs municipal airport, located to the south and
east of the city, is the major commercial aircraft facility; Peterson
AFB shares some runway access but is located to the northeast of the
municipal terminal. Although Zunich could not recall if there were any
problems from commercial or private aircraft noise within the city limits,
citizen complaints about noise from low-flying aircraft precipitated
action from the Federal Aviation Administration in 1975: Colorado Springs
pilots were asked in a letter from FAA to voluntarily avoid noise sensi-
tive areas or to fly higher over them. Since that time, Zunich stated
48
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that he helped to establish specific overflight patterns which would
ensure minimal disturbance of residents by commercial aircraft noise.
He added that military flights out of Peterson AFB followed the same
patterns as commercial aircraft. Occasionally private light aircraft
on training flights would descend below the 1000 foot ceiling over
residences.
The only other aircraft operating in the area are training flights
out of a field adjacent to the Air Force Academy north of the city, and
periodic overflights of helicopter sorties on training missions out of
pt. Carson. The summer helicopter exercises are announced in the paper
advising the community on the length of time the aircraft would be
manuevering over the city. The problem, apparently, is not with the
helicopter exercises but with the routine dawn training flights made by
Air Force cadets.
A few years ago it was decided by Air Force personnel that cadet
flight training could take place at the Air Force Academy provided a
longer runway were built; on completion of the runway, Zunich said that
overflights by military T-41 aircraft routinely occurred over the Rock-
rimmon neighborhood where many of the city's more expensive homes were
being built. One of the residents would routinely call him and put the
Phone out of the window so he could hear the planes flying overhead. On
one occasion, Zunich and another noise control officer stood at the side
of the road overlooking the runway. They tried to count the number of
aircraft making touch-and-go landings but they soon lost count. The
magnitude of the problem, as related by Zunich, was downplayed however,.
by the Public Information Officer at the Academy.
To compound the noise control problem at the Academy, the U.S.
Supreme Court has ruled that the city of Colorado Springs would not have
any police jurisdiction at the Academy in spite of the fact that over-
flights from the Academy were over city residential areas. Because of
that ruling, and a reportedly hot political climate created by the
49
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situation, Noise Control now refers complainants to the U.S. Environ-
mental Protection Agency.
Current Public Relations Efforts
Without substantial community support, Zunich believes a noise
control program cannot be succesful.
Because there are no funds available to support any organized
public information efforts, the greatest amount of exposure for the
program is through the largest paper in the community, the Gazette
Telegraph (GT). Several articles have appeared in the paper (see
Appendix H) to remind people about the noise control program as well as
to announce more stringent enforcement of the ordinance. Another type
of newspaper coverage occurs in a letter-to-the-editor type of column
called, "Tell it to the GT,11 in which the response is included with the
complaint. Whenever a complaint concerning noise is to be published in
the column, the editor contacts the noise control office for the response.
Presentations are routinely given to civic groups. Zunich has
produced a slide show during which he acquaints his audience with the
ordinance, enforcement procedures, and other noise control program details-
A representative text of his program is included in Appendix F.
As previously pointed out, the majority of noise offenders are in
the 17-30 age group; the single largest group of individuals that age are
military members stationed at Ft. Carson. In September 1978, at the
request of the post, Noise Control Officer Richard Bowman visited Ft.
Carson to answer questions on the State and local noise laws and to
inspect vehicles for compliance with those laws. This effort was much
reduced in scope from that attempted previously. Zunich had tried to develop
an organized on-going program with the post to train Military Police on how
50
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to use the noise meters and how to apply the ordinances. But that
Program, and every other organized public relations program with
community groups has been short-lived because of an apparent lack of
sustained interest in such a program. He also stated that after he makes
his presentation, he receives complaints from the audience about the
kid up the street—an attitude of 'solve my problem, but I don't care
about yours'.
When asked if the city makes any presentations on noise to schools,
Zunich said the only time typically allotted is during a study hall
Period at the end of the day near the end of the school year. He did
not foresee a way for the city to coordinate the development of a
meaningful program with any individual or group from School District 11,
the largest school district in El Paso County and the only one in the city.
School children in School District 11 have had some opportunity to
learn something about noise and the need to control it. John Peterson,
speech therapist for School District 11, has developed a noise awareness
Presentation for 5th, 6th, and 7th grade children. In support of his
efforts, the noise control office has loaned Peterson two sound level
meters, slides, and tapes. Part of his pitch to students is to promote
safety equipment they can buy for their parents for birthdays or Christmas
to protect their hearing against the noise of chain saws or lawnmowers.
He also gives the meters to the kids to watch as he conducts a carefully
controlled demonstration of how noise can affect a person. He instructs
them to be very quiet. When they are absolutely still, and intently
watching the meters, he shoots off a 22-caliber starter pistol loadei
with a half-charged blank. While the pistol is. being fired, they can
watch how the noise affects the meters. According to Zunich, he also
tells the kids that the time to call their older brothers and sisters
bad names is when they come home from the disco's with ringing ears.
51
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He makes them aware of noise and its effects in terms they can relate
to. Zunich pointed out that Peterson's program has not been expanded
beyond his occasional presentation to these students.
In checking with Driver Education programs in the schools, or
with private Driving Schools, little is included in the training programs
about noise or its abatement other than a mere mention that there is a
noise ordinance in effect in Colorado Springs.
Although there are no other organized noise programs in the schools
in the area, interest in noise is shown on an individual basis from
college students. Zunich recieves many requests for books and equipment
—particularly, he says, near the end of the college semester when term
papers are due.
52
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VII.
PROGRAM STATUS AND ABATEMENT RESULTS
Other than to say that city streets seem quieter, or there are
fewer barking dogs, or fewer court convictions of noise violators, it
is difficult to assess abatement results without developing a complex
trend analysis. Because those kinds of data were not readily available,
this type of analysis was not performed. To illustrate the types of
activities the noise control program is engaged in, the August 1978
activities report is included (see following pages).
Each month the noise control administrator files a report that
includes a brief summary of abatement trends and program activities.
For August 1978, this report was filed:
CITY
CoiOftAoo
COLORADO
OFFICE
OtH
TV.
S.pccmb.r t, 1978
D*TT*1
&if«rv Director
/•„.„ Jo««ph Zuntch, Hal.. Conerol
*r /UK't Ai'wsr ACTivrnr REMIT
Pie-.* find «CMch«i ch. activities at tit Sols* Conrrol 0?fir« for
chc month of August.
A notlceabi* upiurgt lo cswpUlaci w»i rtc»lv«d for noi*. ccnpiaint*
an *>toreyel«. and tra«h Erutfk*.
. 1918, OMi*«r Proctor «»• M«i*a«i w GJC M38 of eh.
vlth th. titviy .cqulr^l tr*ll kite. »i.
th. Drolling ot th« M»h co^Ute. •*•*.. thu
la «*• ««^"« •< w« '^^ 00) HUdniM. loud «
of MeoreytfM tcb rtire^ow 1&p«.«t tituri
Oa Aur,.e 27. 1978, MCimr »««« VM injur i»
af . Mr, fr«l D-ck« «hd
Both Of/lc.r*
b.
of
So.ci.1
which chl.
«c P«c=r
Sour*.
Te, orM thii offie. .tt.mpetd to lotroduct te th.
S »?6te. b..n t.vi..d '««! will o. ^r...^ to iM la-
o/ ch.
.p,,« Control Adatnmracor
Figure 10. Monthly Activity Report
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NOISE CONTROL ACTIVITIES
Month of August
1978
Jan/ July
Telephone Calls
Burglar Alarm
Loud Car
Motorcycle
Loud ttiaic
Train Noise
An-fmal
Trucks
Trash Trucks
PA Systems
Carnival
Construction
Fireworks
Aircraft
Other (loud children,
toys, voices, etc.)
Misc. neighborhood
Anonymous
PD dispatched
TOTAL COMPLAINTS
YEAR TO DATE
Vehicle Checks
Motorcycle Checks
Planning Documents
Letters of Assist
1229
2
39
96
33
3
29
13
12
13
2
14
2
3
10
189
38
96
598
134
28
189
•L.O7
52
August Total
242 1471
1 3
2 41
33 129
7 42
2 3
11 40
3 18
27 39
4 17
0 2
6 20
0 2
2 3
3 13
0 189
6 44
22 118
129 727
29 163
6 34
82 271
- OA £ / J,
11 63
Total Hours Noise Control:
Patrol
Administration
Complaint Followup
Court Attendance
265 Hours
409 Hours
60 Hours
8 Hours
742 Hours
Jan/ July August Total
Special Studies
Employee Hearing
Checks
Employee Noise
Complaints
Summonses Issued
Noise
Other
Zoning
Signed Complaints
TOTAL SUMMONSES
ISSUED
Warnings
Traffic
Others
Letters
(Motorcycle
Warnings and
Vacant Lot)
Court Appearances
City
County
Time Distribution:
23 Working Day-4
19
89
11
205
120
15
2
342
265
33
60
69
28
3
Employees
Less 48 hours-Vacation
Overtime Hours-Vacant Lot
4 23
10 99
2 13
57 262
23 143
7 22
0 2
87 429
21 286
6 89
19 79
72 141
6 34
0 3
736 Hours
688 Hours
54 Hours
742 Hours
TABLE 3. Monthly Noise Control Activities
-------
To finance the program, Zunlch has received an annual budget of
approximately $60,000 for each year he has been administrator. In
1971 this amounted to about 40
-------
-
-
"Figure 10„ Officer Richard Bo\nnan Taking Inventory of Noise Control's Noise Surveillance Equipment.
-------
- GR 1945, Community Noise Analyzer with mike, $5,000
- Two course meters, approximately $200 each « $400
- Audiometer, Bausch and Lomb * $600
- GR 1565a (Survey Sound Level meter), gift from Colorado
Interstate Gas, value approximately $400
Total purchase value of noise surveillance equipment is approximately
$30.900.
Other equipment: Police sedans, including -
- Lights and bar $200
- Speakers $100
- Electronic siren $300
- Spotlights $200
- Labor for installation (not quoted)
Because equipment has a limited-use life, Zunich believes he
will have to replace the GR 1981 every three to four years. The
GR 1981 is the meter used for in-vehicle monitoring.
When ordering replacement equipment, a match for existing equip-
ment is requested; this practice helps to justify the expenditure of
municipal funds for equipment.
For each instrument, factory calibration is required once per year.
The equipment is out of the office two days per year for calibration;
calibration costs $75 for each instrument.
If the city proceeds with its annexation plans next year (1979), all
equipment will have to be duplicated if several other noise control
officers are added to the staff.
57
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Program Development
The possibility of city annexation of a. portion of El Paso County
just south of the city line will create a substantially increased work
load. To some extent the area has been surveyed for the presence of
large numbers of dogs, modifications on car exhausts and any other
potential noise sources. If and when annexation does take place,
Zunich will require additional staff to implement an effective noise
control program in that area.
One of Zunich1s goals for noise control is to effect a change in
the vehicle inspection law in the city to maintain a constant vigilance
of the small local vehicle maintenance garages. Currently, there are
about eight garages that take vehicles to the noise control office to
be checked, but there are many more in the city which are installing
exhaust systems and not attempting to comply with the noise ordinance.
Zunich would like to see a sticker system implemented which would
readily identify those vehicles which have been inspected.
The noise control administrator also intends to continue to accept
complaints and requests for noise surveys. On occasion, he will do a
survey for a private sector company or survey the police pistol range.
To assist voluntary compliance efforts, he has, in the past, checked
vehicles on Saturday morning, and will honor such requests in the future,
if the demand is sufficient.
Another target area for expansion of effort ls the devel o£
a program with the regional building department and the city planning
department to retire better hoTC insulation m hlgh densl u .
areas. Zunich would alao llfce to see the builalllg ^ ^ ^
include better sound attenuation in valla Of ofIlceSj ,„, ^ ocher
types of buildings where «my people .ust co*e together to work or live-
58
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VIII. PROGRAM ASSESSMENT AND SUMMARY
The success of any noise control program depends on the combined
effectiveness of enforcement, education, and engineering. Aspects of
these three elements as they applied to specific program areas were
discussed throughout this report. In summary, enforcement is the legal
detection of a violation, apprehension of & violator, and adjudication
of the noise offender who does not voluntarily achieve compliance with
the noise ordinance; engineering is the installation of a sound dampening
device, or isolation of a noise source through the use of barriers; and
.education is the conveyance of information to municipal residents about
the nature of noise, and what the noise control program entails. How
well the noise control administrator in Colorado Springs has implemented
the municipal noise ordinance depends on the degree of success that has
been achieved with respect to enforcement, engineering and education.
Concepts and ideas that were developed into viable programs to implement
the noise ordinance will be discussed briefly with respect to each
element.
.Enforcement
The keystone of the noise control program in Colorado Springs is
the success of the enforcement program. Most communities making any
attempt at enforcing a noise ordinance use a noise technician accompanied
by a police officer. Noise surveillance equipment is typically mounted
°n a tripod and operated from outside the police cruiser. Colorado Springs,
however, has found that effective enforcement can be achieved by certifying
* police officer as a noise technician, assigning him or her a personal
Chicle, and assigning that noise control officer to a supervisor outside
o£ the police department to primarily perform duties in noise control.
59
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Without close communication and cooperation between the noise
control office and the city attorney's office there would not have
been the necessary support to initiate and promote an efficient
enforcement program in Colorado Springs. This coordination was evident
from the time the noise control administrator and the city attorney
conducted a joint review of the proposed ordinance. And to ensure
effective prosecution of noise violation cases, Zunich, in conjunction
with the attorneys and other court staff, developed a list of questions
to aid in pre-trial preparation of both the arresting officer and the
prosecuting attorney.
Because it is impossible for a single officer to operate monitoring
equipment standing on a tripod and then immediately pursue a vehicle
noise violator, Zunich obtained approval of in-vehicle monitoring.
Mounting the GR 1981b, a digital readout SLM, at eye level inside the
police sedan facilitates apprehension of the violator and also enables
the noise control officer to obtain admissible evidence.
Many communities rely totally on voluntary compliance to achieve
noise abatement. Because Zunich had been a police officer prior to
becoming noise control administrator, he had developed the capacity to
understand the psychology of the noise offender. Subsequently, it
didn't take him long to find out that vehicle noise violators given only
a warning, had little incentive to avoid repeat offenses. With the
implementation of a graduated penalty system, the number of repeat vehicle
noise offenses declined. And there were few, if any, repeat offenses
involving nonvehicular noise violations; this attests to the general
cooperative spirit of the community.
Last but not least of the reasons why enforcement of the noise
ordinance has gained growing support in the city is that the noise control
program in Colorado Springs is fair and reasonable. The degree to which
60
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abatement is pursued is in proportion to the seriousness of the viola-
tion. When an obstacle to abatement is encountered, a flexible approach
is taken to reaching a resolution.
As much success.as Colorado Springs' noise control administrator
has had in enforcement, unresolved problems remain. One of those problems
is an increasing concern to residents: unlicensed juveniles riding
unregistered minibikes and motorcycles. The biggest problem seems to be
in how to get parents to control their children. It may be possible to
Place the onus of enforcement on the parents. For many offenses committed
by minors, the parents are held liable; perhaps uncontrolled minibike
riding should be included among those offenses for which parents should be
held accountable.
In many parts of the country, military bases or posts require
military personnel traveling to and from their work stations to undergo
mandatory inspections of their personal vehicles. This is not being
required at any of the bases or posts around Colorado Springs and would
greatly enhance local vehicle noise abatement efforts.
Greater enforcement power is needed to control repeat commercial
violators such as the trash truck driver who refuses to observe restric-
tions on pre-dawn pickups in or near residential areas. If the problem
is a serious one, the solution should also be serious; whether the city
contracts hauling services or only issues permits for hauling, it could
cancel the contract or revoke the permit if city ordinances are not
obeyed.
The most efficient means of controlling any type of pollution in-
cluding noise is to prevent emission at its source. In most cases, noise
61
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control devices are less expensive to install than the cost of
relocating of highways or factories. Because of the strong cooperation
between Noise Control and the city planning department, future industrial
facilities or highway arterials can be engineered and constructed to
minimize potentially harmful noise emission.
Planning and zoning in Colorado Springs includes consideration of
the noise impact on adjoining residences. Zoning itself embodies the
engineering control technique of isolation—restricting certain types
of activity to a certain time of the day to minimize sound levels in
and around residences and in quiet zones where hospitals and schools
are located.
When highways cannot be constructed to minimize undesired noise
impacts, it is often necessary to construct earthen barriers or berms.
Berms can also be constructed near industrial property lines to reduce
noise emanating from operations performed inside the facility; Western
Forge constructed such a berm close to one of its property lines.
Sometimes it is neither technologically nor economically feasible
to control noise emission through engineering. Administrative controls
are often necessary as the department of parks and recreation discovered
when attempting to deal with noise from model airplanes. To minimize
the noise impact on residences close to city parks where model plane
enthusiasts flock on weekends, the parks department has rotated the use
of parks around the city. Similarly, noise from an industrial operation
not reduced through engineering controls must often be reduced by
limiting the hours of operation in deference to community needs. Other
examples of how administrative controls have been applied in Colorado
Springs include the development of truck routes on which heavy trucks
must travel from 7 p.m. to 7 a.m., and reducing maximum allowable noise
levels by land use from 7 p.m. to 7 a.m.
62
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One of Zunich1s goals to control light-vehicle exhaust noise is
to implement a mandatory periodic municipal vehicle exhaust inspection
system. The effect of this ordinance would be to reduce repeat violations!
A much stiffer penalty would face the violator who displayed a current
inspection sticker.
Another of the noise control administrator's goals is to engineer
out noise in buildings by amending the building code to include a
requirement for installation of sound-reducing insulation in public
office buildings, motels and hotels, and multiple occupancy apartment
buildings.
.Education
An inseparable part of an ongoing noise control program is the
persuasive conveyance of information about the benefits of noise abate-
ment. Voluntary compliance is the most effective means of achieving
abatement, and regardless of the type of law, the degree of voluntary
compliance depends on how well people are sold on the idea that the law
will achieve its purpose. In Colorado Springs, where people are concerned
about preserving the quality of the environment, the idea of noise control
was relatively well received; in 1971 people were becoming more disturbed
about the increased noise impact from the growing number of vehicles in
the city. Information about the noise control program was mainly dissemi-
nated through the Gazette Telegraph. But, in spite of this general
acceptance of the program, there has been only limited success so far in
Setting and keeping any organized group interested and involved in the
noise program.
The reason for little more than a passive response to such public
relations efforts may be due to the average citizen's lack of basic under-
standing of what noise is. Available slide programs deal almost entirely
With techniques used by noise control officers to achieve compliance with
63
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the noise ordinance. What is needed are more convincing arguments
about the health effects of noise. Unless the hazardous effects of
environmental noise are pointed out to us, we tend to assimilate it
into our lives and ignore its damaging effects.
John Peterson, the speech therapist of School District 11 approaches
the subject of noise from a convincing angle: He allows his audience to
relate actual noise levels with meter readings. And it is meter readings
which determine compliance. If someone reading the Colorado Springs Noise
Ordinance is unable to relate what health impact 88 dB has, it is unlikely
he or she has an appreciation of why the limit was set at that number.
Conveying that understanding to the general public goes a long way towards
development of voluntary compliance.
It is unfortunate that coordination of any activity involving Noise
Control with School District 11 has been nearly impossible. It is
important to note that children old enough to ride minibikes are also old
enough to learn how noise effects their hearing, and how it disturbs
neighbors and the environment. Driver Education students could also
benefit from some of the persuasive arguments of John Peterson's
presentation.
Successful enforcement of a noise ordinance requires not only close
communication and coordination-of efforts between members of the city
government, it also requires persistence in conveying the message that
noise causes damage to hearing, causes stress, and makes life miserable
for everyone.
64
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APPENDICES
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ARTICLE 5
OFFENSES AFFECTING THE ENVIRONMENT
8-38. Noise Prohibited -
A. The making and creating of an excessive or unusually
loud noise, or a noise which is unreasonable and objectionable
.because it is impulsive, continuous, rhythmic, periodic or
shrill within the City of Colorado Springs as heard without
measurement or heard and measured in the manner prescribed
in Section 8-39, is hereby declared to be unlawful; except
when made under and in compliance with a permit issued
pursuant to Section-8-49. In proof of a violation of this
ordinance evidence of noise heard and measured in the
manner prescribed in Section 8-39, which is less than that
required for a conviction by use of test or measurement as
set out in Section 8-39A and 8-39B may be offered to prove
a violation of this ordinance as heard without measurement.
The time and location of the noise as well as the above-
mentioned characteristics of noise shall be. considered in
reaching a decision under this Article.
B. It shall be unlawful for any person to operate or to
allow to be operated any type of vehicle, machine, motor,
airplane or device or carry on any other activity in such a
manner as would be a violation of Sections 8.-40, 8-46. 8-47
or other applicable Sections contained herein.
1-39. Classification. Measurement of Noise - For purposes of
determining and classifying any noise as excess or unusually loud
.391. Rev. 10/72
A-l
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as declared to be unlawi'ul ami pi iliibiteil by this Article, the following
test measurements and rcrjiurenu-'its may be applied; provided, however,
a violation of Section 8-38 may occur without the following measurerm-iil s
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 locati-d 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 v.'Yic1-
the noise source is
U. 1. The noise shall b< measured on the "A'1 weighing
scale on sound level meter of standard design ar.d
quality and having characteristics established by the
American National Standards Institute.
2. For purposes of this Article, 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 miles per hour, or twenty-five (25) miles per
hour with a wind screen.
3. In all sound level measurements consideration shall
b« 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.
8-40. Permissible Noise revels - A noise measured or registered
as provided above from any source other than as provided in Section
8-49 at a level which is equal to or in excess of the db(A) established
for the time period and zones listed in this Section, is hereby declared
to be excessive and unusually loud and is unlawful.
7:00 A.M. to 7:00 P.M. to
Zone Next 7;00 P.M. Next 7:00 A.M.
Residential 5«» db(A) 50 d>(A)
Commercial 6u db(A) 55 db(A)
Lixht industrial 70 rib (A) 65 db(A)
Industrial 80 db( A) 75 db(A)
8-41. Definitions - For purposes of this Article, the aforementioned
zones shall be defined as follows:
A-2 Rev. 10/72
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A. "Hesidentiul" nouns an area of single or multi-farnily
dwellings where businesses may or may not be conducted in
such dwellings. The zone includes areas where multiple unit
dwellings, high-rise np.irtmen' districts, and redevelopfti»"i'
districts are located. A residential zone may include .ir«-.i-
containing accommodations for transients such as m^Ms nr •!
hotels and residential areas with limited office developm*---*.
but it may not include retail shopping facilities. "P esiH*»--f i:t!
zone" includes educational facilities, hospitals. nur.«iny
homes, and similar institutions.
B. "Commercial" means:
1. An area where offices, clinics and the facilities
needed to serve them are located;
2. An area with local shopping and service establish-
ments located within walking distances of the residents
served;
3. A tourist-oriented area where hotels, motels and
gasoline stations are located;
4. A large integrated regional shopping center;
5. A easiness strip along a main street containing
offices retail businesses, and commercial enterprises;
6. A t entral business district; or
7. A :ommercially dominated area with multiple unit
dwellings.
C, "Light Industrial" means:
I. An area containing clean and quiet research
laboratories;
2. An area containing liyht industrial activities -hie*
are clean and quiet;
3. An area containing warehousing; or
4. An area in which other activities are conducted
where the general environment is free from concentr,it«-ri
industrial activity.
A-3
Rev. 10/72
-------
P. "Industrial" means an area in which noise restrictions
on industry are necessary to protect th? value of uljacent
properties for other economic activity, but shall not include
agricultural operations.
E. Adjacent Zone's - When a noise source can be measured
from more than one zone, the permissible sound level of the
more restrictive zone shall govern.
8-42. Permissible Increases - Between the hours of 7:00 a.m. and
7:00 p.m., the noise levels permitted in Section 8-40 may he ircrr;cr''
by ten db(A) for a period of not to exceed fifteen minutes in any one-
hour period.
8-43. Periodic, Impulsive Noises - Periodic, impulsive, or shrill
noises are hereby declared unlawful when such noises are at a soun*'
level of five db(A) less than those listed in Section 8-40 of this
Article.
8-44. Construction Projects - Construction projects shall be subject
to the maximum permissible noise levels specified for industrial zr»ne»
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, then for a reasonable period of time for
completion of project.
8-4'j. Railroad Rights -of-Way - All railroad rights-of-way shall be-
considered as industrial zones for the purposes of this Article, and
the operation of trains shall be subject to the maximum permissible
noise levels specified for such zone.
8-46. Vehicles Weighing Less than 10. OOP Lbs. - A noise measured
or registered as provided above from any vehicles weighing less than
10.000 Ibs. in excess of 80 decibels in the "A" weighing scale in
intensity shall be and is hereby declared to be excessive and unusually
!oud and unlawful.
jL-iZ.- __ ^chicles jn Excess of IO.J300 Lba^ -
A. A noise measured or registerud as prnv-tled abovr; from
any vehicle weighing more than 10,000 Iba. in excess of 88
t.
. ' i ,n intensity on 'he "A" wetjihin* 3calt? shall be
in hereby declared to be excessive and unusually loud and
unlawful.
U. Between the hours of 7:00 a.m. and 7:00 p.m.. the above
dec.bel levels ahall apply to all afreets within the City.
A-4
Uev. 10/72
-------
C. Between the hours of 7:00 p.m. and 7:00 a.m., t>
-------
•hall not apply to those aclivitiep of a temporary duration, permitted
by law and for which a license or permit therefor has been granted
by the City, including parades and fireworks displays.
8-51. Jacob's Brakes Prohibited - It shall be unlawful for any
person to operate what are commonly referred to as Jacob's Brakes
in the City. The City Manager or his duly authorized representative
is hereby authorised to place sign.*; at locations \ about the City as he
•hall deem appropriate; such signs to notify operators of motor
vehicles of this Section,
Jblli—Modifications Prohibited - It shall be unlawful for any person
to sell, lease, rent or install anv device or sell, rent, lease, or
operate any vehicle, engine, motor or mechanical device with a
device which when attached to or placed on any vehicle, engine.
motor or other mechanic >l device. modifies such vehicle, engine,
mbtor or other mechanical device so as to amplify or increase the
noise emitted by it above that emitted by the vehicle, engine, motor
or mechamcal device in its original factory design. This Section sh»U
not apply to devices sold for racing or pleasure purposes and used
outside the.City or in areaa properly authorized by the City for pleasure
or racing. ..t shall be unlawful for any person to operate such modifi**
vehicle, engine, motor o- device within the City and not in a properly
authorized area.
A-6
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CITY OF COLORADO SPRINGS
COLORADO
INTER - OFFICE MEM OH AND U3f
To: Joseph A. Zunich, Noise Control Administrator Datei June 30, 1976
From-. Thomas L. Darneal, City Attorney's Office
i In-Vehicle Monitoring
I have reviewed the Noise Ordinances of the City Code o.f
Colorado Springs, Sections 8-38 et seq., and can find no
legal basis for prohibiting traffic noise monitoring from
within a stationary vehicle. Proper engineering techniques
must still be adhered to and monitoring must be done at the
distance specified in the Code.
GORDON D. HINDS
City Attorney
THOMAS L. DARNEAL
Assistant City Attorney
TLD/bac
.B-l
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August 4, 1976
The Honorable Judge Norman Walton
Presiding Municipal Judge
City of Colorado Springs
P. O. Box 1575
Colorado Springs CO 80901
Dear Honorable Judge Walton.-
Since 1972, the City of Colorado Springs has applied Section 5,
"Offenses Affecting the Environment," 8-38 "Noise Prohibited,"
to 8-52 "Modifications Prohibited." Proper advisory signs have
been posted at all main highways entering the city limits. Also,
many articles have appeared in the daily newspapers and other forms
of news media in regard to the establishment of the ordinances. The
enforcement of 8-38 "Noise Prohibited," and 6-22-6 "Exhaust Systems
Modified," have been done on a continuing basis for excessively loud
motor vehicles.
In the past gears, the intention of the Municipal Court was to reduce
violations to warnings if the violator brought the vehicle into com-
pliance of the ordinances. This has been done f ,r the past years
with little or no impact on the problem of loud v, •'-;:. '9S in the commun-
ity. The local military has attempted to share r.»» responsibility with
the City of Colorado Springs, but due to manpower adjustments and other
reasons, their program has not met its expectation As a result, the
complaints of loud vehicles continue.
From contact and discussion with violators and other individuals, they
state that the violations they receive for noise violations are of little
conseguence. The change from modified to stock system is done for the
compliance rechec* and the dismissal of the summons; however, in some
cases the modified system is reinstated and the vehicle is again on the
street with a remote chance of being apprehended again for guite some
time, it appears, as stated by most violators, tfta summons has little
<*et" "*» *> di«lS-.ed. The Joise
to the
Tr t*LSW T7UGStS thaC J «-««'«tiofl of court procedures
for eft* noise v,oL,t,oi,* *• cnn.idorod. Aft«r the p«t years of
C-l
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The Honorable Judge If of man Walton
August 4, 1975
of warnings and cautions, it is suggested that a "fine" schedule should
be discussed to add strength to tiio program and ordinances.
ff this office can bo of assistance , please contact us. Thank you For
your attention in this matter.
Respectfully,
' Noise Contr6l Administrator
vp
Thomas Darneal
Asst. City Attorney
C-2
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MUNICIPAL COURT
OF THE
CITY OF COLORADO SPRINGS
COURT JUDGES
UICM«tl C AB»»MM
LINO£.** k. F/*C-!EH
R OINN'- LAMBRtCHt
MATT M. H»1Lt\
*QHMAt4 f.. WALTON
»rf»TTfWOOO W H. WILLIAMS
COURT ADMINISTRATOR
DOM M. NtLbON
CITY HALL
COLOBAOO trm-.-'ii- <•"-
August 20, 1976
Joseph A. Zuriich
Noise Control Administrator
Noise Violations \'-
411 West Fontanero \ .">/ '
Colorado Springs, CO 80907 "^."H" '^-- x"
Dear Mr. Zunich:
I am enclosing copy of an Order I propose to sign to help solve
some of the problems outlined in your letter of August 4, 1976.
I would be interested in your comments and any suggestions you
might have. If you suggest any changes, please give me a call
at 471-0922.
Yours truly,
NORMAN E. WALTON
NEWrlc
Enclosure
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IN THE MUNICIPAL COURT WITHIN AND FOR
THE COUNT* OF EL PASO AND STATE OF COLORADO
ORDER
RE: NOISE ORDINANCE
The policy of dismissing noise violations with a
warning upon presentation of a certificate of compliance vith
the Noise Abatement Officer, is hereby discontinued.
Such violations may continue to be reduced to a warning
subject to the accused paying ?10 in coats upon furnishing the
compliance certificate. This shall apply to first violations
only.
Second offense shall be a fine of $50 plus $10 costs.
Third offense shall be a mandatory Court appearance with a $75
bond. For purposes of this policy, prior wcrr.i.ngs noted on the
accused record shall be considered an offense.
VIOLATION'S BUREAU POLICY.
An accused charged with violation rf 3-38 "Noise
Prohibited" and 6-22-6 "Exhaust Systems Modified" may post a
$25 bond at the Violation's Bureau, $15 of which will be refundable
if the accused brings in a compliance certificate within thirty (30)
clays. In such cases, an appropriate notation shall be made on
the Summons and Complaint or an attachment thereto and certified
to a court appearance date, which the accused need not attend, for
an appropriate order of a Judge approving the refund. On a second
offense, the accused may pay a fine of $50 plus $10 costs, none of
which is refundable and the accused shall be notified that a
subsequent offense will result in a mandatory Court appearance.
Nothing herein shall be construed <*s pronibiting a Judge
front imcosing a greater or lesser fine and costs as the circumstances
warrant and nothing herein contained shall be construed as preventing
the noise abatement officers or police from requiring., an Accused
to appear in Court for any noise violation offense. An aggravated
situation where Court appearance is deemed necessary, the appropriate
officials shall write on the face of the .Summons and Complaint the
word "COURT".
DONE AND ORDERED this day of --'
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CITY OF COLORADO SPRINGS
411 WEST FONTANERO • P. O. BOX HO3 • COLORADO 8O8O7
OABNCt Q6C , 6, 1976
PAFCTV DIRCCTON
JOtCPH A. lUNICH
NOKt CONTROL AOMINIS7NATOM •
Charles L. Elkins
Deputy Assistant Administrator
Office of Noise Abatement and Control
U. S, Environmental Protection Agency
Washington, D. C. 20460
Dear Mr. Elkins:
The EPA recently published the first draft of the "Sound Level Test Method
for Motorcycles (F76)" and asked for review of the proposed standards by
state and local agencies.
This office has studied the proposal and would like to submit the following
comments.
Since the new EPA standards will preempt state and local laws for motorcycles,
these standards should have the levels set lower, or at least the same as,
existing state and local in-use'standards. Difficulties in enforcement on
the state and local level will occur if manufacturing and design standards
allow for louder vehicles than set out in state and local ordinances.
The procedures of F76 may be satisfactory for extensive testing, but the
procedures are too long and complicated for practical use. If staf-and
local agencies use this procedure for-compliance testing, numerous problems
will arise. Ability to read and interpret on-board instrumentation and
familiarity with the test procedure is nearly impossible to achieve with the
test rider, as he is normal y a violator and seldom is technically qualified.
The test nder needs a simple procedure to follow that is easily understandable
and does not require monitoring the Instrumentation.W the vehicle; '
A regulation for replacement motorcycle exhaust systems 1s also neep«arv
These systems should also meet the wttwtMawS ™nUL^tScyllll Jn
ixdhluir;vSs;^sreSporC!v^nrSt be ?nacted that ProMbUthe
exhaust systems. For example, a replacement system for a low
hisher °u*ut
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Charles L. El kins 2
December 6, 1976
This office hopes that our comments will be considered in the adoption of
the new motorcycle standards. Whatever is finally adopted, any standard
should be easily adaptable by state and local agencies, and levels should
be set -at least as stringent as existing state and local ordinances.
Sincerely,
. ^{Joseph A. Zunich
/' / Noise Control Administrator
' •' City of Colorado Springs
vp
attachment
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Park Plan Unveiled;
Tab Set at $10 Million
By GLENN URBAN
GT Staff Writer
A long-range development
program for the El Paso
County Park Department
that includes close to $10 mil-
lion in capital improvements
through 1990 was unwrapped
Wednesday.
The report was made by
Robert Hall; one-time mem-
ber of the Park Board Ad-
visory Committee, on a spe-
cial $10,000 contract.
Hail's program, unveiled
before the Board of County
Commissioners, would in-
clude:
— Three more parks, the
first to be in the northeast
metropolitan Colorado
Springs area, the second in
the southwest metro area,
and the third In the east area.
The northeast park would
be approximately 300 acres,
and the southwest park 400
acres. Hall left the
dimensions of the third park
open.
He estimated the land for
the southeast park might
cost $1.300 an acre, and for
the southwest park about
$3.222. He made no estimate
for the cost of land for the
third park.
— Acquisition of the strip
of land through the north
part of the county that is
owned, but no longer used,
by the Sante Fe Railroad.
THe strip would be de-
veloped into a hike — bike
trail running from the north
side of Colorado Springs to
Monumment, with a connec-
ting trail between Monument
and Palmer Lake. The trail
would, with federal ap-
proval, eventually run
through the Air Force
Academy.
— Development of an
equestrian trail from Foun-
tain to the Equestrian Center
in Bear Creek Park.
— Development of a Cot-
tonwood Creek Trail and of
a Kettle Creek area. Those
two creeks are north of Colo-
rado Springs, but probably
will be part of the city before
1990.
No plans for a motorcycle
trail or paric were incirded
luf
not lay out a fund-
ing plan, but said federal
funds and the county's one-
mill parks levy, which the
county commissioners ap-
parently plan to continue
this year, would provide a
base for financing the plan
over the next 12 years.
He said other funds would
also be needed but did not
suggest sources for the
funds.
Hall recommended bis
plan be studied each spring
and specific recommenda-
tions be made to the county
commissioners based on the
yearly studies.
Commisioner Chairman
Thorn Foulks said he saw
nothing in the long-range
plan that needed to be
_ changed.
_ The other two com-
missioners, Charles Heim
and Leo Ververs, also ac-
cepted the plan.
-- ,
Approves Of Motorcycle Action
As a landowner in and around this town,
I would like to thank the council for handling
the motorcycle problem. The frustration the
landowner felt at not being able to do much
about trespassing riders had been great. But
another point is the destruction done. Litter-
ing, breaking down soil and root systems,
erosion and noise are all part of it. If someone
wants to ride a motorcycle, he should buy forty
acres of land and then buy a bike.
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Appointment, Oath and Notice
To the Mayor of the City of Colorado Springs:
I hereby recommend that you appoint
to the office of NolsejCortroMtff^
of the City of Colorado Springs. The appointment is......?.l!™f?.?J!t
Dated. _ •''
(.-•' City Manager.
The foregoing appointment'is hereby approved. If the appointment is
temporary it becomes permanent 60 days from this date unless withdrawn.
Dated.
READ CAREFULLY
No employee ahall realgm, except opon giving to the City Manager or the heed
of the Department ten days' notice in writing. The official authorized to fill the
raeaacy may accept inch resignation to take effect before the expiration of the Un
day*. A violation of this ordinance may nbject the offender to a penalty of not
uneding $800.00 nnd forfeiture of aalary due.
State of Colorado, j
County of El Paso. ) SS'
jf , do solemnly swear,
by the ever living God, that I will support the Constitution of the United
States and of this State, and that I will faithfully perform the duties of
Noise Contro1_0ff1cgr of the City of Colorado Springs,
Colorado, so help me God.
Subscribed and sworn to before me this. ; day
«*'»» M4ror>
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Mr. Zunich's Presentation
Mr. Zunich has produced a slide presentation during which he
hands out copies of the ordinance and other visual aids.
Slides accompany these explanations:
- History of noise abatement - Why the program is under safety
instead of in police department
- Shows standard community noise signs which are located at city
lines on all major thoroughfares and secondary roads leading
into the city—max noise level, cars 80 dB, trucks 88 dB (in
excess of 10K Ibs)
- Ordinance applies to cars and trucks - stresses weight
differences—applies to any motor driven vehicle over 49cc
Explains flight patterns of commercial and light planes; at
cruising speeds, they are required to fly 5 mi from tower and
1000 ft. above residential areas; military aircraft for the
most part follow the same flight patterns as commercial aircraft
- Explains complaint procedures and requests for information
- Explains qualifications of officers
- Explains Colorado Springs type of monitoring: positioning micro-
phone 4*5 to 6' from tail pipes; most testing methods use ground
level for height
- Explains the use of monitoring masts
- Contrasts the use of one patrolman - one car concept with the use
of one technician plus one patrolman
- Discusses various aspects of the GR 1981 SLM and its use inside
the patrol car with respect to operation and vibration, etc. -
' points out that it is at eye level, out of the way
- Talks about problems with "choppers" and "muscle cars"
- Shows pictures of glass pack mufflers such as "threshes" and
"cherry bombs,"and how the glass breaks down to powder from
contraction by temperature extremes, particularly in winter
- Explains ticket and citation procedures
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- Explains that officers look under the car to find out what kind
of exhaust system is on the vehicle; this information is noted
on the ticket
- Explains that the noise officer must be prepared to encounter any
situation, and it is for this reason he must be equipped the same
as any officer
- Explains ISO (International Standards Organization) testing proce-
dures, i.e., 20 mph in low gear, accelerate heavily in an area of
no traffic
- Identifies Bill Brown, Chuck Jones, and Bob Hapke, the police
officers with whom the noise control officers coordinate efforts
in noise control
- When issuing citations, Mr. Zunich explains that there may also
be another violation, e.g., driver is driving with an invalid or
outdated license, or is wanted for driving a stolen vehicle; in
such cases the noise control officer must go to "ID" to use the
computer for an interstate search
• Shows slide of the violations department and explains fines and
abatement procedures
Shows noise control officer with Clara Cafaro, deputy city attorney
going over pretrial problems
Shows court scene with attorneys and presiding judge, Norman Walton
Explains the planning and nonvehicle noise programs
While showing a slide of an earthen berm, he explains noise control
measures around industrial facilities
Talks about temporary noise sources at construction sites
Shows procedures illustrating how city equipment is checked:
o Puts noise sticker with dB level and date on vehicle window;
o Keeps record in a card file of all equipment checked;
o Explains how city employees bring equipment to Noise Control
if mufflers or noise control equipment deteriorates
Shows slide of GR 1945 Community Noise Analyzer and explains how
Noise Control conducts community noise surveys
Explains how audiometric examinations are administered to city
employees
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- Talks about the role of training and education in keeping up to
date on equipment and monitoring techniques changes
- Shows pursuit equipment
- Talks about the motorcycle program
(He also shows an EPA slide show on noise entitled, "Let George Do It."
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CITY OF COLORADO SPRINGS
NOISE CONTROL OFFICE
411 W FONTANERO PO BOX 1575
COLORADO SPRINGS, COLORADO 80901
TO:
A complaint has been received by the City of Colorado Springs, that a
dog(s) may be in violation of the City Ordinance .vo. 7<7- „'.?•;, Article it -116,
at the above location.
The ordinance states, "Noisy Pot or Animal -It shall L-e unlaw-
ful for any person to own or keep any pet or animal which by
barking, howling, baying, yelping, crowing, crying or other
utterance disturbs the peace and quiet of the neighborhood
and the same is hereby declared a public nuisance and pro-
hibited. Further, upon a second conviction entered, t/ii_'
Court, in addition $o any punishment, may order the owner,
possessor or keeper of such pet or animal to abate such
nuisance within five (5) days. Failure to abate such nuisance
within five (5) days shall be deemed a seperatc offense under
this section. For the purposes of this section, "neighborhood"
shall be defined as the area within five hundred (jOO) feet of
the exterior boundaries of the premises where the pet or animal
resides; "disturb" shall mean to unreasonably annoy, perturb
or interfere with the quiet enjoyment of another's premises."
The complaintant was instructed that if the problem continues to exist, they
could sign a summons with the Colorado Springs Police Department, and the
owner (s) of the dog(s) may have tor appear in Municipal Court.
The Noise Control Office doss not wish to have this type of action taken, so
to avoid this problem, please find enclosed a brochure which may be of assistance.
As a good neighbor, citizen and pet owner, the city Js requesting your help in
th& barking dog noise problem.
Thank you for your tim> in reading this notice and hrfchurf. If you need further
•information, please call 471-6610, Momteti thruaqh f'r/.-i ;./, ft -.00 a.m. to 5:00 p.m.
Control Officer
City of Colorado Springs
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o
to
City budget covers
large, small Items
By Doyle Trent
Staff wntor
The Colorado Springs city gov-
ernment budget for 1977 pro-
vide for — aside from the huge
expenditures — such items as a
stepped-up battle against the
Dutch Elm disease, more con-
trol over motorcycle riding <,ta
vacant lota, new buses and bus
sheten and more street lights.
, The budget call* for expen-
ditures totaling. $3M million,
excluding any federal money the
city might get for capital im-
provements. This it about 12.1
million over the W7» budget.
A higher toUT valuation of
taxable, property in the city and
an expected increase in safes tax
collections allowed-the city ad-
ministration to leave the proper-
ty tax rate at 11 mills.
Sales tax collections an ex-
pected to grow by 5 per cent
next year to an estimated
HZ3C.OOO. Thais 34.86 per cart
of the budget
Property-tax revenue is ex-
pected to make up 17.17 per cent
of the budget
Federal revenue-sharing mon-
ey for 1977 is estimated at $2-9
million, which is $100,000 less
man the city got in 1976.
The number of dty employe?
will grow by one. but the
amount budgeted for salaries is
up |1.5 million, to 115.5 mutton,
reflecting a 7.9 per cent pay
raise.
Higher-than-expected sales
tax revenue in 1978 gave the city
$1,2 million to rebudget
Aside from the largest and
highly publicized Items, such as
administration, police and fire
protection, street maintenance,
and)parks and recreation, the
budget provides:
• An increase of $30.000 for
750 mote street lights, 300 of
them in residential areas.
• One more employe to check
out complaints of motorcycle
and mini-bike riding in vacant
Jots. Joe Zurich, note abate-
ment officer, said nil staff tries
to get me offense stopped
without police action and usoal-
ty succeeds.
Barking called
noise pollution
A dog's bark may
be more fierce than it's bite,
according to Noise Control Of-
ficer Joseph Eim«*h
He says that with the advent
of wanner weather, barking
dogs become an even more dif-
ficult problem than noise caused
by traffic, motorcycles and loud
music.
Because of the normally quiet
environment of most residential
areas, Zurich said the sharpness
of a dog's bark can boost the
decibel count level of the neigh-
borhood considerably—enough
to bite into the nerves of all
within earshot, and enough to
cause ill feeling between neigh-
boo.
Because of the problem,
Zunich has outlined ways to deal
with barking bogs:
• Pint, a dog is the responsi-
bility of its owner, and that
owner should do everything pos-
riMe to keep the dog from ex-
cessive barking, be said.
• Many times a dog Just needs
to be fed, or ft needs a little
more care and attention.
• It is possible to have a dog's
voice box removed surgkaDy,
Zunicfa said, "although it la
much more desirable in most
cases to use less severe preven-
tative measures.''
He said the Noise Control
Office in Colorado Springs wfll
assist the community with any of
its noise control problems, fa*
formation and assistance may be
obtained by calling 4714610 be-
tween 8 a.m. and 5 p.m. Monday
through Friday.
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o
WHAT SHOULD YOU DO
FOR ASSISTANCE
AND INFORMATION?
• Try first to contact the owner of the dog
and work out a solution.
• H this doesnt work, call the Police Depart-
ment at 471-6611. You must give your
name, address and information regarding
the complaint.
You should be willing to sign a formal com-
gaJnJ*W«.n« your neighbor for being in
violation of City Ordinance §74-114, Arti-
cle 11-118 which states that. "It shall be
unlawful for any person to own or keep any
animal which by barking, howling, baying
yelping, crowing, crying or other utterance
disturbs the peace and quiet of the neigh-
borhood. Neighborhood shall be defined
n the areas within 500 teet of the exterior
boundaries of the premises where the pet
or animal resides."
• Jjj0"130*a Vet if you think the dog may be
• Contact the Humane Society if a dog or
dogs are loose and running at large or if
4734741barW"9 Th° Ph°TO "umber is
• For additional information call the Noise
Control Office at 471-661O.
BEA
GOOD
DOG OWNER
AND A
GOOD
NEIGHBOR!/
navea
Quiet Daw
liuio
1S
CD*
o
m
City of Colorado Springs 9
NOiSE CONTROL OFFICE I
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WHAT IS GOOD ABOUT
A BARKING DOG?
• Warns residents
of intruders
• Helps keep
intruders
from entering
a residence
• Alerts
people of
potential
problems
• It's a
defensive
measure for dogs
WHAT IS BAD
ABOUT A BARKING DOG?
• Persistent barking aggravates neighbors
• At night barking dogs keep people awake
0 A barking dog usually starts
other dogs barking
A barking dog.
if reported,
can mean
a summons
for the owner
O Continuous barking
can be harmful
to the dog
WHAT ARE THE EFFECTS
OF BARKING DOGS
ON PEOPLE?
• Disturbs the neighborhood since one
barking dog often starts others barking
• Keeps people from sleeping
• Upsets people who are ill, night workers,
etc.
• Barking dogs can create neighborhood
resentment, arguments, etc.
• Xour neighbors can request Police action
WHAT CAN BE DONE
ABOUT A BARKING DOG?
Determine what is causing the dog
to bark, such as
—Another dog
or other animal
in I lie area
—The dog is lonely
—The dog may be
ill. cold,
hungry, wet,
tangled, injured
—People coming or going from cars
—Passersby such as mailman, bike
rider, children
• Remove any visual barriers so dog
can see
• Train your dog to respond to a command
to be quiet
• If it is outdoors, bring trie dog inside.
Seller you lose sleep than your neighbors.
• Your dog may be lonely . . . perhaps for
another dog
i If barking persists.
see a veterinarian
> Don't leave
the dog unattended
for long periods
. . . hiring a
"dog sitter"
may help
solve the problem
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These articles included in Appendix H were copied from
the Gazette Telegraph with minor editorial changes
PSYCHOLOGICAL CONDITION STRONGLY INFLUENCED
BY- AMOUNT OF NOISE
Editor's Note: Following is the third of five articles dealing with
"Noise Pollution" problems.
Mounting scientific evidence is beginning to show a strong correla-
tion between noise and mans' psychological well-being.
The results of a study conducted by AMF Beaird Sound Systems, Inc.,
in 1970 showed that steel workers who worked under the noisy conditions
of a steel plant day in and day out were "more aggressive, distrustful
and even paranoic than were men who worked in quieter circumstances. The
noise exposed workers also were found to be far more likely to quarrel
constantly with their superiors. The effects of the disquiet spilled
over into their home life too. The workers exposed to prolonged periods
of noise on the job had twice as many family problems as did the similar
men who worked in hushed surroundings.
Most psychologists would agree that noise can be especially detri-
mental to persons already under stress and can lower their ability to cope
with emotional problems. Other conclusive documentation in regard to the
harmful effects of "noise pollution" is offered in a 1969 English study
which showed that people in a noisy environment (living in the vicinity of
London's Heal throw Airport) suffered a higher incidence of mental illness
than did people who lived in a quieter environment a few miles away.
Colorado Springs Noise Abatement Officer Thomas Martin expresses
concern over the effects of noise in the lives of school-aged children.
He is especially critical of the open-space classroom concept of education,
claiming that the system does the most harm to the students who need the
most help.
"The higher IQ individuals can function quite well in the open-space
situation," Martin said, "but it's the kid on the lower end of the intelli-
gence scale who gets hurt." The open-space concept came into prominence
a few years ago and works on the team-teaching principle, allowing a single
instructor to lecture as many as three times the number of students as
would normally be possible in a contained classroom.
Citing statistics on the subject, Martin said distractions lasting only
a few seconds, can result in up to 42 seconds of nonlearning time for the
average student. Students higher on the intelligence scale lose an average
of only 14 seconds of learning with the interruption, he reported.
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Colorado Springs, the State of Colorado and the U.S. are late starters
in the noise pollution race. Martin estimates that several European countries,
including Sweden, Switzerland and England are anywhere from 25-30 years
ahead of Americans in investigating, evaluating and doing something
constructive toward curbing noise pollution.
Great Britain for example has been developing its newer communities
on the idea of separating the industrial, commercial and residential
entities. Each area is separated by stretches of greenways.
"This is an area in which we have to start thinking about revolution-
izing our building codes," Martin insists, adding that as long as the mix-
ture of commercialism, industrialism and residential living is allowed
neither this city nor any other will achieve a quiet environment.
The country of Switzerland has gone so far as to declare illegal the
importation of approximately 50 per cent of all mechanical goods produced
in the U.S. The Chevrolet Corvette, equipped with a racing engine the
Porsche 911, the Ford Mach I, are typical examples of modified sports cars
which may be operated anywhere in this country, but are outlawed by Swiss
1 aui-
law.
Sweden, another leader in war on noise, recently forced the Saah Mntnr
Co. to quit making its noisy three cylinder engine model
On the other hand, firms such as Harley Davidson, whirh n™H,,^ +u
"74" with a super quiet muffler, the BMW motorcycle and ^the Japanese Kawt
saki Manufacturing Co., are examples of three world-wide firms makinq a
supreme effort to build products with people in mind 9
"If automobiles were left as they were when manufactured we wouldn't
have to worry about auto noise pollution. But headers ala« narc *n* i-L
likes create ghastly noise problems," Martin said 9 P CS and the
Martin believes that Detroit should become more concerned over the
exterior noise emitted by their creations rather than Dlacinasn JLI
emphasis on the interior quiet; a feature which Fo?d aSJ olhlr manufacturers
capitalize on in advertisement presentations. manufacturers
Currently holding the unofficial title of the "quieten ri*« -,-„ ^
U.S." is Memphis, Tenn Officials in the southern metropois'ha^ entered
police to haul persons into court for unnecessary blowing of horn? ha?bor
ing over-pitched appliances and screaming, whistling or sho»Hnn ™ S?,
streets between 11 p.m. and 7 a.m. '"»ning or shouting on city
In Colorado, Denver, Colorado Springs, Boulder and Asnen haua ^
beginnings in the area of noise pollution which at "leXt hE ? a ?
to show results, says Martin. least. here is starting
H-2
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In addition to the city's new noise ordinance, the state backs the
local law with State Senate Bill No. 197 which has established maximum
permissible noise levels and noise abatement procedures, me state lav/
gives local government the option of adopting resolutions or ordinances
compatible with their jurisdiction.
H-3
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(NEXT: The City Ordinance)
106 VEHICLES STOPPED FOR EXCESS NOISE
Noise Abatement Officer Tom Martin said Monday that 74 cars and 32
motorcycles were stopped last month for excessive noise under the noise
abatement ordinance.
All but seven had some type of muffler problem. Five were in trouble
because of excessive acceleration and two were due to engine noise.
Statistics from the University of Tennessee indicate a possibility
that a child on a minibike or a small cycle motorcycle has a 10 per cent
chance of serious hearing loss by the time he gets to the 9th grade, Martin
said.
Measurements by Martin's office indicate levels above 90 decibels exist
at the ear of the driver of a minibike or small motorcycle. The 90 decibel
level is considered to be a point where 20 per cent of the'population is
succeptible to hearing loss.
Underage cycle drivers violate the State noise code if operation of
the vehicle is closer than 900 feet {three football fields) to a residential
area. About 1,200 feet or farther is indicated as more desirable bv the
Motorcycle Industry Council. Martin said use of a residential vacant lot
is illegal in most cases.
All property belonging to School District No. 11 and the citv nark and
recreation department are off limits to vehicular traffic. Roads and Dark-
ing lots are also included as being off limits to unlicensed drivers and
their vehicles.
* * *
From: Gazette Telegraph, August 8, 1972
H<-4
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LOUD MUFFLERS GRATE ON NOISE CONSCIOUS
EARS—AND ARE ILLEGAL
Editor's Note: Following is the fourth of a five-part series of articles
discussing the problems of noise pollution and some of
the attempts being made to solve them.
Armed with city ordinance 4132, a lot of Initiative and faith In
People. Noise Abatement Officer Thomas Martin has set out to rid Colorado
Springs of the pandemonium of howling motorcycles, screaming modified auto-
mobiles and trucks and, in general, noisy citizens.
Martin's legal tool, as outlined in the ordinance entitled, "prohibit-
ing certain noises," states that "noise above a certain level is physically
harmful and is detrimental to individuals and to the community as a whole;
and whereas, the noise level within the city of Colorado Springs has
increased, due to a greater number of vehicles, industry and other noise
sources, the city council is of the opinion that steps should be taken to
control and restrict the noise level."
Council took that step earlier this year and on July 1, Martin with
the cooperation of the Colorado Springs Police Department, launched an all
out campaign to snare, warn and prosecute, if necessary, the violators.
During the first month of life for the new ordinance offenders cited
for operating a vehicle over the maximum decibel (dB) level, as established
at 80 dB at 25 feet and 83 dB for trucks between 7 a.m. and 6 p.m. received
only warnings and an order to report to Martin's office for consultation on
nowbest to correct their particular situation. Police hauled in more than
TOO persons in violation of the ordinance during the first 30 days.
As of Aug. 1, the law stiffened with offenders summoned into municipal
gourt~and'fined an across the board assessment of $20, as levied by Judge
Harold Cook of the city court. Offenders have the option of pleading either
Miltv. not guilty or guilty with an explanation. An explanation may or may
not help in getting the fine reduced, according to a spokesman for the court.
Prior to enactment of the new ordinance, Martin conducted an extensive
education program, addressing high school assemblies and interested civic
groups. Later he conducted testing periods at which time he checked noise
levels in various sections of the city during peak traffic hours. The actual
enforcement is the third phase of the program.
"The objective of the program is to stabilize, then lower the ambient
noise level locally so it does not become a real health hazard," Martin ex-
Plained. He is of the opinion that salvation from noise can come to Colorado
H-5
-------
Springs if determined enforcement of the ordinance continues. "But if we
falter we could be in trouble here," Martin added.
Section 8-8 of the ordinance prohibits the making and creating of
excessive or unusually loud noise within the city as heard without measure-
ment or heard and measured on the "A" weighting scale of a sound level meter
or like device above 80 dB. In the next paragraph of the ordinance, the
operation of any such type of vehicle, machine or device is outlawed.
The ordinance states that all noise shall be measured at a distance of
at least 25 feet from its source when located on a public right-of-way and
at least 25 feet away from the property line if located on private land.
Part D of section 8-8 provides for violations by persons engaged in a
partnership, association or corporation, stipulating that said violator be
fined no more than $300 and court costs.
The city manager may accept applications for a permit for relief from
the noise level designated in the ordinance on the basis of undue hardship
Any permit so granted would be subject to a time-in-effect clause.
The ordinance does not apply to authorized emergency vehicles when
responding to an emergency call. *
Noise complaints should be directed to Thomas Martin through the Colorado
Springs Police Department phone number, 634-6661. The noise abatement
officer said he will check out all legitimate complaints as time allows
From: Gazette Telegraph, August 9, 1972
H-6
-------
NOISE KNOWLEDGE RELATED TO VIEW OF EXCESS
SOUND AS SERIOUS HEALTH PROBLEM
Editor's Note: Following is the final part of a five-part series
disouseing the problems of noise pollution.
A noise pollution survey conducted recently at the University of
Colorado, Colorado Springs and other locales showed strong evidence that
the more knowledgeable an individual is on the subject of noise, the more
likely he v/as inclined to agree it is a serious health problem.
The study was conducted using TOO subjects ranging in age from 12 to
72 with the mean age of the group, 28.5 years. The participants were asked
to fill out a 10-question data sheet, giving their age, sex and occupation.
Included on the survey were four-true-false questions to test the person's
knowledge and six questions on attitude.
The attitude questions asked were the following: "Is noise a serious
health problem in Colorado Springs?" "Do screaming motorcycles and mini-
bikes Irritate you?" "Does noise make it difficult to concentrate?" "Is
noise as serious a health problem as is water and air pollution?" "Is
noise at stock car races enjoyable and entertaining?" "Does a person need
some noise around him in order to concentrate?"
Each of the first four attitude questions were assigned a score of
between one and five; five was assigned, if those questioned strongly agreed
with the statement, four-if they agreed, three-if they were neutral, two-
if they disagreed, and one-if they strongly disagreed. The last two questions
of the attitude portion were statements expressing pro-noise-feelings and they
were weighted the opposite way: five-for strongly disagree, four-for agree,
and so on.
Interpreting the statistical results of the survey it was found that on
the average those polled agreed that noise is a serious problem in Colorado
Springs.
On the question regarding loud motorcycles, most either agreed or
strongly agreed that noise from motorcycles is irritating. On the question
asking if noise makes it difficult to concentrate, most agreed or strongly
agreed with the statement.
Fewer of the 100 subjects felt that noise constitutes as serious a
health problem as do water and air pollution. On this question that subject
fell between agree and neutral. Likewise, on the stock car races question
the majority fell somewhere between neutral and agree.
H-7
-------
Differences between subject occupation did not have a significant
bearing on how the individual responded to the questions. The job descrip-
tions were broken down into professional, white collar, blue collar,
student and other categories.
On the general knowledge questions 83 percent of those polled were
correct when asked if teenagers today have poorer hearing than did their
counterparts of 20 years ago due to the popularization of amplified rock
music. On the other hand only 15 percent of the subjects knew that 30
percent of the mental patients in Swedish mental hospitals are there as a
result of "noise neurosis." Seventy-five percent of the subjects answered
correctly on the statement "High noise levels after a prolonged period
can kill tissue."
There was no correlation between the subject's sex and his batting
average on the knowledge questions. The average correct figure was 2.2
per person.
From: Gazette Telegraph, August 10, 1972
H-8
-------
CITY HAS PROGRESSIVE NOISE LAWS
The city of Colorado Springs has one of the most progressive noise
ordinances in the country, according to Thomas Martin, noise abatement
officer.
City council, at its last meeting, unanimously approved a noise
abatement ordinance based on known health standards.
This ordinance delcares illegal, transportation noise for automobiles
and motorcycles over decibels at 25 feet. For trucks over 10,000 pounds,
this level is increased to 88 decibels at 25 feet. Use of the so-called
Jacob's Brake is illegal unless during an emergency or inclement weather.
Martin said the ordinance makes it illegal for any person to sell,
lease, rent or install on any vehicle, engine, motor or mechanical device,
with another attachment or modification, so as to amplify or increase the
noise from the original factory design. Any patrolman can now issue a
summons numbered 8-52 for any vehicle louder than the original equipment.
The noise abatement officer said Volkswagens with an extractor can be
stopped. The easily detected vehicle with glaspacs is now in violation of
the noise ordinance.
Of major importance, Martin said, Section 8-47, Paragraph C, is the
ordinance which limits trucks to designated streets between the hours of
7 p.m. and 7 a.m. These streets will be designated by July 1, 1973. This
will eventually remove trucks from residential streets at night.
Another major item is Section 8-40. Martin said this establishes a
zoning code based on noise levels. The levels are based the same as those
in the State noise code. Levels for residential streets from stationary
sources are 55 decibels from 7 a.m. to 7 p.m. and 50 decibels from 7 p.m.
to 7 a.m. Levels increase to a maximum of 80 decibels for industrial parks.
Martin said this approach is superior to the New York code because it
does not prohibit activity at any time but restricts activity to specific
noise levels.
He added that this type of zoning legislation could impact on zoning,
and planning and could introduce a new factor for consideration. The issuing
of certain business licenses could also come under review.
Martin said it must be understood that time to organize the administration
of enforcement will take time and possible additional funds. The organizational
problems Ire presently being analyzed by the administration and city-county
health department officials.
From: Gazette Telegraph, September 20, 1972
-------
LAW PROHIBITS REMOVAL OF NOISE EQUIPMENT
Noise Abatement Officer Tom Martin reports that one of the provisions
of the recently enacted Federal noise control act of 1972 includes the
prohibition to remove or render inoperable any Federal approved item on new
vehicles.
He explained that items which have been approved relative to a given
noise standard may be introduced in interstate commerce.
But he said that a glaspac muffler, for example, cannot be attached to
a vehicle after its approval. This glaspac addition could raise the noise
level above the original decible level.
Martin said that practically any item that makes noise must be approved
by the Environment Protection Agency. In the transportation field, this
provision will eliminate glaspac and extractor mufflers.
It will be illegal, Martin added, for a manufacturer to distribute an
unauthorized*item in interstate commerce.
If this provision is enforced, it will be a boon to reducing transpor-
tation noises.
Martin said he envisions State legislation to support this Federal
program. Federal legislation better supports city ordinances in an effort
to eliminate excessively loud mufflers.
From: Gazette Telegraph, November 9, 1972
H-10
-------
MARTIN TO TAKE SURVEY IN COUNTY
City Noise Abatement Officer Tom Martin said today he is gathering
data from county residents to determine if they want noise abatement
control and if they are willing to pay for it.
Martin, who is in charge of controlling noise in the city said he
is not sure whether county citizens want the protection.
He said anyone living in the county who wishes to express his or
her .feelings on the topic of noise pollution should write to Tom Martin,
c-o Colorado Springs Police Department.
"I would just like to take a little survey, then analyze it and
decide whether people outside of the city limits are interested," Martin
said.
From: Gazette Telegraph, November 24, 1972
H-ll
-------
RESEARCH UNDERWAY BY NOISE ABATEMENT OFFICER
Colorado Springs Noise Abatement Officer Tom Martin has been doing
some research to determine the effect of noise on human health and work
efficiency.
There seems to be no comprehensive evaluation of the matter at this
time. The variety of factors in industry, for example, make it difficult
to single out and evaluate the extent of noise effect on work efficiency.
One of the persons Martin has contacted in the matter is a Russian
who he became acquainted with at a meeting concerning noise abatement.
The Russian is D. Matelinonok, who is a deputy director for research
at a research institute for labor protection in Leningrad. In a reply to
a letter from Martin, the Russian had these comments to make:
"It has been found that a very noisy environment affects
vigilance, reduces the rate of work, extends the time of
reaction to sound and light stimulation, causes changes
in muscular performance and visual analysis system."
Matelinonok said convincing laboratory data has been obtained "which
proves an adverse affect of noise on work efficiency," but added the many
factors in industry makes it difficult to pin down the problem absolutely.
He did tell Martin that field experiments have shown "for mental
workers the efficiency is reduced by 3.8 percent for the sound level of
70 decibels; by 5.2 percent for 80 decibels, and by 12.2 percent for 90
decibels."
Matelinonok went on to say that in mechanized sorting of paper, a
noise increase from 75 to 90 decibels results in an increase of the number
of errors made by personnel by 12.5 percent.
He also went on to say that data on the matter is still unfortunately
very limited.
Martin is curious as to how noise affects highway accidents; for
example, there is about an 80 decibel noise factor on freeways about 18
hours of the day and about 70 decibels on a relatively quiet arterial street
about eight hours of the day.
Martin also said that noise inside a diesel truck runs up to 90 decibels;
the same noise factor applies to an average motorcycle rider.
Martin said he will continue his research in the matter since he feels
excessive noise has far-reaching effects.
From: Gazette Telegraph, February 2, 1973
H-12
-------
PRELIMINARY SELECTION OF 'NOISE1
STREETS COMPLETED
A preliminary selection of so-called "Noise" streets has been made,
it has been reported by Tom Martin, the city's noise abatement officer.
These streets are those which can be used by trucks over 10,000 pounds
in weight on a 24-hour a day basis.
Generally speaking, Martin said, these "noise" streets include the
major arterials and major commercial areas in Colorado Springs. Commercial
areas include the downtown and major shopping centers.
When this proposal is fully implemented and in effect, it will mean
that trucks which exceed a noise factor of 80 decibels at 25 feet will be
eliminated from residential streets from 7 p.m. to 7 a.m. Trucks over
10,000 pounds have been found to exceed 80 decibels at a 25-foot distance.
Martin said trucks would be able to use all streets in the city from
7 a.m. to 7 p.m. provided they do not exceed the noise level of 88 decibels
at 25 feet.
This designation of noise streets is being accomplished under a section
of a city ordinance. The designation must be accomplished by July 1 of this
year.
Martin stressed that the "noise" street designation is preliminary in
nature and citizen input is requested in writing. He said he feels that
constructive criticism is desired and necessary to finish a workable plan.
Letters should be sent to Tom Martin, Noise Abatement Officer, Police Depart-
ment, Colorado Springs, Colo. 80901.
Martin said the purpose of the ordinance 1s to improve the quality of
life in residential areas of the city.
It will allow a person to better use his property for mental and physical
relaxation and recreation."
He said the basic intent is to remove those activities which awaken or
disturb people during their rest and relaxation period. The ordinance will
better protect the sleep environment for a large number of persons in resi-
dential areas.
A national cooperative highway research program report dealing with
"Highway Noise," says 30 per cent of persons observed were awakened at 70
H-13
-------
decibels of noise, and that some awakened at 50 decibels. There was a
sleep change for about 10 per cent of those observed at 40 decibels.
Martin said he would be glad to present the plan to any group prior
to June 1.
From: Gazette Telegraph, April 22, 1973
H-14
-------
DISCIPLINARY ACTION SET ON NOISY VEHICLES
A crackdown on noisy vehicles will begin July 1, according to Tom
A. Martin, the city's noise abatement officer.
Martin said a city ordinance requires vehicles to produce less than
80 decibels, measured at a distance of 25 feet.
He said Colorado Springs has obtained necessary sound level meters
and will be in position to effectively maintain a "positive program."
In addition to the new city ordinance, State Statute 13-5-105 will
be enforced. This statute makes it illegal to drive a vehicle which, if
the muffler has been modified, is louder than the original equipment.
Original equipment does ndt include optional equipment. If the
vehicle is loud because optional equipment has been installed, it is
illegal. Many excessively loud optional items can be installed at the
factory, but nave been illegal in Colorado since 1956, Martin said.
"Mental and physical problems associated with noise dictate the
immediate pursuit of reducing this environmental pollutant," he said.
From: Gazette Telegraph, April 10, 1972
H-15
-------
ABATEMENT OFFICER TO CONDUCT TESTS
The city's noise abatement officer plans to conduct a series of
noise level testing on weekends during the month of June, according to
public officials. ~~~
Tom Martin said the testing would be conducted from 1 p.m. to 4
p.m. on Saturdays and Sundays in the municipal service center area.
More specifically, he said, the testing site would be on North
Glen Avenue between the Coty Park and Recreation Department building
and the service center proper.
Martin said this testing would be conducted for any individual
who feels a lack of understanding of the new noise control ordinance.
He said that motorists can bring their cars or motorcycles to the
test area so that the noise levels of the vehicles can be tested.
Owners of vehicles making excessive noise will be notified so
that corrections can be made. "No license numbers or names will be
taken," Martin said.
The testing is to get people acquainted with the noise ordinance
so that corrective steps can be started.
The quickest way to get to the test site will be to get off Inter-
state 25 at Fontanero, then turn south on Glen Avenue twoard the City
Park and Recreation Department.
From: Gazette Telegraph, May 14, 1972
H-16
-------
ANTI-NOISE PLAN STARTS SATURDAY
The city's noise pollution program of electronic monitoring begins
Saturday, Tom Martin, noise abatement officer, reminded today.
Motor vehicles should be quieter than 80 decibels at 25 feet, which
is the noise level that interrupts normal conversation.
Martin said vehicles exceeding that noise level will be stopped,
and the offender will be stopped, and the offender will be given seven
days to correct the problem before legal action starts.
He was quick to add that the program "is designed to improve the
quality of life in Colorado Springs, not to collect fines" in municipal
court.
Martin suggested that those who have a problem with their vehicle
in the noise category should get it corrected prior to Saturday.
For the past four weekends, Martin has been stationed north of the
city park and recreation department offices in the municipal service
center to give free electronic tests in checking noisy vehicles.
But Saturday is the time that enforcement of the noise ordinance
starts.
Those who want further information and assistance may call the
Colorado Springs Police Department and ask for the noise abatement sec-
tion. The number is 684-6661, Ext. 275. Martin's office Js located in
the park and recreation department building, 1400 N. Glen Ave.
From: Gazette Telegraph, June 28, 1972
H-17
-------
NOISE VIOLATORS TO BE CITED
BEGINNING JULY 1
The city will begin enforcing its noise pollution ordinance on
July 1, Noise Control Officer Tom Martin said Wednesday at a Press
Club News Conference at the Five Hoods Downtown.
Martin said noise is becoming a serious pollution problem "and
its time to get down to dedicated enforcement and education in this
area."
Martin, accompanied to the news conference by three Palmer High
School students, who have prepared a study on noise pollution, said
the worst noise offenders are modified automobiles.
"It is against the law to sell, modify or use glass pack mufflers,
big daddies or cherry bombs on vehicles." He added that motorcycles
constitute only two per cent of the noise pollution, far less than the
modified autos.
He said beginning July 1 the enforcement team, including the
Colorado Springs Police Department will begin monitoring noise polTutors
and issuing warnings. Persons failing to correct a situation in viola-
tion of the ordinance can be prosecuted by the city attorney's office.
Presenting the report from Palmer High School was Missy Landon,
Jeff Palmer and Don Osborn.
From: Gazette Telegraph, June 1, 1972
H-18
-------
EC
H
vo
City Jumps
On Noise
Pollution -
A warning to those of you
ho have fiddled with your W/
,uek or motorcyde ertaust
,pes to mate Uim toud. Do
otplay around near those little
hite Colorado Springs "note
ontrol" cars anymore. Tney
ack a wallop now.
Previously, toe cars were oe-
apied by noise control tech-
,tians. Bur'ttey nave now
«en upgraded "«» control offl-
er^aiftheycanlssueyoua
icket tor be^j too noisy.
Joe Zeunlch,
>«ror.
ere will be Issuing tickets not
to orators of motor ve-
s that violate city note
tat also to those who
,l,y 'their st*"0*'00.^
nose who Improperly operate
tain saws and lawn .nioweri.
.ad anyone who might other-
:,se crack the city's noise bar-
ters.
'Early bird'caged
Dawn mowing
•cut short
. . ,
Awt&manicuredlawnWMl-
|y bringi ptajs* from one1*
. nefebboa tat in the due of
earh-; bW Robert Matthew
Wi* attempb] -at;; WJ.W*
(bu)-«nniii iwn, tt
'tot'
fad" (»i oppased to a hardcBM
one), the «tyai-oM retiree
bom upstate Nev York was
d from Qw S Paso Couo-
wordtegal t« fP aT
nmnwr. after be wd M?.
mo»ed to Coferado Spring*.
An early riser. -Ibtthewi
fbougnt Itat :«:» ajn. wai a
splendid «me to (now Us lawn
fiTaTuW Cock of Alpine
Drive, and continued the pner
to despite repeated mmpUfaits
bom a neighbor. ' . • v.
Matthew* said that on Jane,
11, be sailed coy bad to rado
.
City ordinances cet maximum
oiind levels for vehicles being
iriven on citjf streets al 80 deci-
<-!» for can and 88 decibels tor
rucks. Zurich said noise COD-
rol otneera will closely check
sey prog
Springs Park and Recreation
l^partment and the National
Forest Service Is sponsoring a
class in fire safety Wednesday.
The class will focus on ways
to avoid fire danger and what
U, do if you are caught in a for-
est fire. Registration is free
For further Information, con-
tact Uwrie Bensik.
and was sentenced to two days
In the county jaiL
Matthews was booked into jaQ
about J:JO p m Monday and
released about 1:30 a.m. Thurs-
day.
stifi noise poUcy
^J&££5&£
».»»w^Sii*G2S
-------
OPEN fHRMMENr
Tfc* t«««Mi»i »*t *pl«i*M «i»mu< I> thtt M|MHM «• MMM «l DM
.Ml 4. M*
'Georgr,' Has
Too Much Power
You are not going to get rid
of the tatterdemalions with
their frisbees and big dogs
wbo hang out in Acacia Park
year -round, the "ladies of the
evening" both pro and ama-
teur who strut their wares on
S. Nevada to potential
"Johns" cruising the avenue
or the noisy, lawless, boozed-
up hot-rodders wbo terrorize
tiie residents of the downtown
all night every night until
there's a shake-up and thor-
ough house cleaning in the
Colorado Springs Police De-
partment.
I suggest the City Council
start the ball rolling to
rhange the City Charter so
the voters can choose a police
thief the same as the county
sheriff is chosen (at the ballot
box) instead of "letting
i George do it;" George Fel-
! tows, that is, who now has
i more power than any public
' official in this town or any
town this side of Chicago.
As many.of you know, I've
been conducting a campaign
to get the police to crack
down on the hot-rodders who
invade the quiet residential
streets of the near northside
for three years and this is the
result: The number of can
turning left into Willamette
has been reduced SO percent
since the Traffic Dept. re-
moved the "No IMurn" signs
two years ago. The number of
noisy, cars has been greatly
reduced, not by anything the
police have done Jn. fact the
noise abatement program has
been abandoned but, we still
ay for a Noise Abatement
Officer, offices and a secre-
tary.
The reason for the reduction
of auto noise is the work of
Lt. Col. Fred VUlella, Provost
Marshall at Ft. Carson, wbo
has cracked down on soldiers
with loud mufflers by going
directly to the muffler shops
and through a point system
where a soldier after three ci-
tations gets sent home. I have
been unable to get late fig-
City officers on noise 'listenout'
Noise control officers in Colo-
rado Springs are on the lookout
- rather the listeoout - for
violator* of the city's noise or-
dinance, and they are going to
start Issuing citations.
Joe Zunich, chief noise con-
trol officer, said he and his staff
will be looking-listening-for
noisy vehicles, loud music, im-
«**M>rhMyh*M4*feiMt.
nres from the new •Informa-
tion Officer at the post but
last year Col. Fisk gave me
figures showing some 1,500
troublemakers had been kick-
ed out
A one-column head hi
tonight's GT reads "Springs
Crime Up 5 Percent" and a
recent handout from the Law
Enforcement Assistance Ad-
ministration, VJS. Dept of
Justice, Washington, says
"Fort Carson-posted hi '1975 a
crime reduction of — 50 per-
cent in violent crime hi each
. of three successive quarters.
"A decrease in total crimes
by 1,449 cases,
"A 25 percent increase in
crime solution rates. '•
"A 43 percent decrease in
barracks larcenies.
"A 50 percent decrease to
confinement of military per-
sonnel hi the county jafl."
Fort Carson has about 20,-
000 soldiers, with 23,000 civil.
Ian dependents, 35,000 retirees
'and 3,000 civilian employees.
If Col. VUlella can do a job
(GMtuued on Next Page)
proper use of chain siwx, noisy
lawn mowers and other noise-
maken.
They are going to be closely
checking out glass pack mufflers
and sports-type mufflers on au-
tos, Zunich said.
Motorists can have their vehi-
cles tested free for noise by
calling 471-6610, be said.
OPEN
B4RLWMEM
H-20
(Continued from Prior Psfe)
like that in less man two
years, I think he would be the
man to come up with some
fresh ideas and clean boos* hi
our back-sliding Police Dept
which has bad the go-ahead
and the;money to hire food
recruits but lets some broad
who couldn't punch her way
out.of a paper bag throw a
.monkey wrench into the
works and deprive 240,010
people of necessary protec-
tion.
ROBERT MOSSMAN
Court Gets
Tough on
Noise Coses
The Municipal Court of Colo-
rado Springs announced today it
,was getting tougher with mo-
torists who are ticketed for vio-
lating the automobile noise ordi-
nance with altered or improper
mufflers.
The practice of letting first
offenders off with a warning,
provided a certificate of •com-
pliance is presented, is being
discontinued.
Norman Walton, presiding
judge, said first offenders will
be required to post a $25 bond
at the violations bureau. If *
compliance certificate i»
presented within 30 days, $15
will be refunded.
Persons charged with a sec-
ond violation of the ordinance
will be fined $50 plus flO costs.
A third offense will result in »
j mandatory court appearance
with a $75 bond.
i Muncipal judges may impw*
larger tines if circumstances
warrant. Judge Walton said.
-------
••*
~*~~^~^^^^^^TiTTTiiTT^»»M»i»sii~inTrTr"TTTr""" ~-"~-^^^^^^^— «; i « - ii i i —» - StwpwItPV uu
«»Jwn protjor (teated). city noise control officer, and Joseph A. Ztinic*. •»••« abatement admiutrator. examine a wnitnp device ^ -
jn&ursuit of cycles and roosters $rJ
Noise patrol protecting our ears
HI n,,, i., TV.-. ,*i~i niuiK^r mnimi nffirer tn the staff i«rai pwitte limit for autos and motorcycles reduce the loise cooiiderably withoii
wrni.iu.dyj
' *>
t
''-•
S) [>«jle Trent
SialJ Writer
ts::'i .,n unmufned engine iC»
a a lUat!(, „-, a
. m.t if it tu'l a rock band it's
i'(if .' il\..~.vs sr,.ncthing to keep the
.... •, -,1B< lVW[|0| offojfj
-„ '. answering com-
'•'iuns HI i (ol.iiors, and sometimes
1 '.'-I . .mis tib. -------
Boosters, cycles raise decibels
10
(Condnaed from page 1)
muffler and doesn't realize he is violating
any law. But he said that when he stops
someone who obviously has his muffler
rigged to make a racket, he is not so
sympathetic.
Still, the motorist or rider can have his
court fine reduced from $25 to flO If he
gets his muffler fixed within 30 days.
Zunich doesn't blame the dealers. He
said some muffler shops, when they install
a glass-packed muffler, get the vehicle
owner's signature on a paper relaeaxing
them from any responsibility.
Most motorcycle dealers "have been
more than cooperative." Zunich said.
The city's noise abatement depart-
ment keeps one car on the streets about
eight hours a day and another about four
noun a day. They're probably the most
noticeable autos on the street.
Both are white with the words "Noise
Control" punted on the sides and trunks.
and they have red and blue warning lights
on top.
But It Isn't just noisy motors the
officers are after. There's the guy who
thinks the whole neighborhood wanb to
h*ar his stereo record player.
And there's the guy who sets his
portable radio outside while he polishes
his car and turns the volume high enough
to spook General Palmer's horse.
There are the trash trucks, rock bands
and even chickens
Zunich said the city ordinance pro-
hibits tra. said, "the
kids give you a pretty hard time too.
"You'd be surprised at what a 10or II
year-old can tell you."
-------
Don't Keep Quiet About Noise Complaints
By NANCY ALLEN
CHanring typewritera,
ringing phones, notoy aoto-
le from a stereo or radio, a
Tm Hi ig dog or oyBaj
measuring louder than Sode-
dbrts on a noise meter, from dB — equal to the sound of a
adtstanceofMfeeLAtnlght let plane taking off, from W
no more than M dB are leet - actual pain is lett
allowed. < A decibel Is a unit of mea-
By comparison, human sure something like the
' - - • - calorie, which tends to re-
main toprectsety defined to
the toyman, while noise
specialists .understand It
•iLuuviivMo
uHHvQftOljr,
Using toe latest sound
levrimetera,Zairidi»ndWs
idi
II you happen to spot an
inconspicuously narked
"black and white" police
vehicle along one of the
projected digitally and can streets In the Springs, It may
be locked in by pressing a not mean you should pot
button, your best driving habits on
It* problem of excess display Immediately.
noise to the Springs is What it could mean, H it's
caused primarily by motor one of the two can operated
vehicles, the ahauat ays- by noise control. Is that
terns of which have either you'd better cruise by
Apparently some people FirsUlme offendera are and motorcycles ridden for addition to the plans, such as
'that removing the bal- given a ticket lor vtottttag fun along creek beds and «" embankment to deflect
think that ren _ _
ties from their car muffler the noise ordinance, and a vacant tots. Noise control In-
wilt give ttelr engine more chance to reduce their fine vestlgates complaints at
power. The trouble 1*. the Iran C& to »10 if they bring hud motorbikes as they re-
baffles are designed to quiet their car or bike into com- ceive them.
the engine, and removing pliance with the law. Tests The trouble is that the bfk-
' them makes the car too loud are given by appointment at en usually ride where an
to drive, legally, m Colorado the Department of Safely Of- officer can't reach them in
Springs. flee. Ill Fontanero, for those ellber of the two noise can-
He
fee
abadgroaadnobJe level hi the Springs, rneasaring the . Stopping and ncketlng the who bare neeind Ucketo
y4>?MNama(abaiatlldB *aS*,£t*»t bytortm- nVtverirf these vehicles to and made an effort to tte
(•ornal), the level eaoU meats, macbtaaa and tone- one of the factions el Zan- their cars.
ito*ar,UdB|fyour tow* people. laVs«fBce. , Secoad-tone offenders aw
effort to Bi Both Zunich anj Proctor
contend that a motorcycle or
street noise into the air and
away from future patios and
bedroom windows. And of-
ten that embankment will be
built
Reflecting on his work,
Zunich mused, "Noise Is like
all pollution," be said. "It's
tosUkw. People don't
realize It's becoming a prob-
lem antii B's almost out of
control."
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