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.
                                   iii

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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
                                     iv

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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
                                      vi

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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
                                    vii

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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
                                    viii

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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.
                                    ix

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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
                              xi

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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
                                      xii

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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
                                     xiii

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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
                               xv

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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
                                     8

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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,
                                       10

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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.
                                    11

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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.
                                       12

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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.
                                   13

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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.
                                       14

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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|
                                                  22

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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.
                                 23

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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.
                                     24

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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.
                                    27

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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.
                                     28

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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
                                       34

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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.
                                 35

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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:
                                 39

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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  
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       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).

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                                       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
                                  43

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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
                                      44

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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.

                                    45

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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.
                                  47

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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

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      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
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-
-
    "Figure 10„  Officer Richard Bo\nnan Taking Inventory of Noise Control's Noise Surveillance Equipment.

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    -  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

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       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

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          C.  Between the hours of 7:00 p.m. and  7:00 a.m., t>
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•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
                                      C-3

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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	   --'
                             C-4

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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
                                          D-l

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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
                               D-2

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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.
                                 D-3

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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>
                          E-l

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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
                                  F-l

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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


                             F-2

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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."
                                   F-3

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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
                                  G-l

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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.
                                   H-l

-------
     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

-------
     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

-------
     (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

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                   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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