SOUND PERMIT APPLICATION
Since citizens live in close proximity to each other and noise sensitivity can be an issue, sound
permits are no longer issued in residential areas. However, please be aware that the City
regulates unreasonable noise, pursuant to Section 38-441 of the Thornton City Code (Code),
which is attached.
Sound permits may be obtained if you plan on having amplified sound in connection with an
event at a City park or any commercially-zoned location within the City.
Monitoring Requirements
:
Events in City parks are exempt from these noise level standards so the applicants for
such events need not submit evidence that a person certified to use sound meters is
present at the event. However, applicants must still comply with the City's noise
regulations contained in Section 38-441 of the Code and not create unreasonable noise.
You may fill out an application online, then print and send it to Thornton City Clerk's office, 9500
Civic Center Drive, Thornton, CO 80229. If you have questions, please call 303-538-7230.
Applicants must attach written documentation to their application that a person certified to
use noise metering equipment will be present during the event to measure noise
output and to ensure compliance with the noise level standards contained in Section 38-
441(c), Table A, of the Code.
SOUND PERMIT APPLICATION
Chapter 38, Article X
City Clerk's office 303-538-7230
9500 Civic Center Drive
Thornton, Colorado 80229-4326
Application must be submittedAT LEAST 5 days prior to event.
Except for events in City parks, written documentation must be attached that a person certified to use noise
metering equipment will be present during the event to measure and insure compliance of sound levels with
the Code.
Sound permits are not issued in residential areas, however the City regulates unreasonable noise.
Name of Applicant:
(corporation, partnership, LLC etc.)
Address, CSZ:
Name of Contact Person:
(if different than applicant)
Contact Phone:
Date of Event and Hours of Use - ONLY between the hours of 7:30 a.m. and 10:00 p.m.
Date: From: To:
Complete the following with regard to event location and equipment that will be used:
Location of Event:
Address of Event:
Number of people attending:
Description of Event:
Description of sound
equipment:
Name of Equipment
Owner/Operator:
License Number of Sound Truck:
Address, CSZ: Phone:
Pursuant to Chapter 38, Article X, Section 38-441(10) of the Thornton City Code: the sound amplifying equipment may
be operated ONLY between the hours of 7:30 a.m. and 10:00 p.m., on the dates specified.
Permitted events in City parks are exempt from noise level standards contained in Section 38-441(c), Table A, but
shall not create unreasonable noise.
I declare under the penalties of perjury that this permit application has been examined by me and to the best of my
knowledge and belief is true, correct and complete. I also declare that I have been given a copy of Chapter 38, Article X,
Division 3 of the Thornton City Code pertaining to the operation of Sound Amplification Equipment.
Signature of Applicant: Date:
FOR CITY'S USE ONLY
City Clerk's Office Approval: Date:
Community Services Approval
(required for any City park permits):
Date:
(licenses/application documents/sound permit/3.2009)
© Copyrighted. Municipal Code Corporation, affiliated Municipality 1998
DIVISION 3. ENVIRONMENTAL REGULATIONS*
__________
*Cross references: Environment, Ch. 22.
__________
Sec. 38-440. Purpose.
(a) The purpose of this Division 3 is to provide for uniform Environmental Regulations for the control of noise,
humidity and heat, glare, vibration, dust, weeds and brush in recognition that:
(1)
The quality of life in a community is enhanced when free from the nuisances created by these
environmental conditions;
(2) The excessive exposure to these environmental conditions can adversely affect the health and safety of the
citizens of the City; and
(3) The establishment and enforcement of reasonable standards is more effective than waiting until individual
citizens have to complain of adverse impacts and therefore contributes to the general welfare of the community.
(4) The noise regulations contained in Section 38-441 are intended to be comprehensive and shall take
precedence over and supersede any existing ordinance, regulation, standard, condition or use restriction the
application of which would render Section 38-441 of no force or effect or which is in conflict with it, and supersedes
any hours of delivery that are specified in any other ordinance or resolution.
(b) Any City project that the City Manager determines is necessary to maintain or protect public amenities,
facilities or infrastructure and thereby promote the public health, safety, and welfare shall be exempt from the
environmental regulation contained in Sections 38-441 through 38-444.
(Ord. No. 2550, § 6, 7-12-99; Ord. No. 2766, § 1, 3-25-03; Ord. No. 2953, § 4, 8-8-06)
Sec. 38-441. Noise.
(a) General provisions.
(1) It shall be unlawful for any person or entity to knowingly, willfully or recklessly make, permit, cause to be
made, or continue any noise or sound from whatever source which noise or sound is projected in such a manner as
to constitute an unreasonable noise within the City. For purposes of this Section 38-441, Code Compliance Officers and
Police Officers are empowered to make a prima facie determination as to whether a noise is unreasonable,
which determination may be based upon, but need not be limited to, a consideration of the following factors:
a. The time of day;
b. The size of any gathering of persons creating or contributing to the noise;
c. The presence or absence of noise or sound amplification equipment; and
d. Any other factors tending to show the magnitude and/or disruptive effect of the noise.
(2)
It shall be unlawful for any person or entity to knowingly, willfully, or recklessly cause or permit or continue
any noise or sound which is plainly audible within 25 feet of the noise source when:
a. The noise source is within a vehicle; or
b. The noise source is in the public right-of-way; or
c. The noise source is adjacent to the common wall in a multifamily building.
Such circumstances shall be considered an unreasonable noise, and such facts shall constitute prima facie
evidence of a violation of this Section.
(3) In addition to Subsection (a)(2), the following are declared to be noises or sounds which disturb the repose
of the community and thereby cause unreasonable noises or sounds which constitute a violation of this subsection;
provided, however, that the following list is not in limitation of Subsection (a)(1) of this Section and is not inclusive:
a. Bells and chimes or any device for the production or reproduction of the sound of bells or chimes operated
between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day and is in violation of the noise level
standards contained in Subsection (c), Table A herein.
b.
The use or operation of any type of audio or video system, noisemaker or loudspeaker or public address
system operated or used on public or private property for any purposes including, but not limited to, vending,
advertising, announcements or notifications, or any device used for transmitting music or for giving instructions,
talks or lectures to any assembly of persons which results in a noise or sound which is plainly audible across the
property line of any property used for residential purposes, unless otherwise permitted by Subsection (c)(10)
herein.
c. Any animal or bird which by frequent or habitual howling, barking, yelping, meowing, squawking, squealing
or other noise, creates a plainly audible sound.
d. Any steam engine, stationary internal combustion engine, air compressor, motorboat, motor vehicle or
other power device which is not equipped with an adequate muffler in constant operation and properly maintained
and which use is in violation of the noise level standards contained in Subsection (c), Table A, except as provided
in Subsection (b)(7) herein. No such muffler or exhaust system shall be modified or used with a cutoff, bypass, or
similar device.
e. Operating a vehicle that is improperly loaded or so out of repair that it creates an unreasonable noise and
is in violation of the noise level standards contained in Subsection (c), Table A, herein.
f.
Operation of a dynamic braking device that does not have an adequate muffler or operation of a dynamic
braking device which creates an unreasonable noise.
g. Loading operations:
1. The loading or unloading operations conducted at anytime, which operations include but are not limited to
opening or handling boxes, crates, containers, or other objects within or from a truck or otherwise, in such a
manner as to create a noise or sound which is in violation of the noise level standards contained in Subsection (c),
Table A, herein.
2. Loading of any garbage, trash or compactor truck or any other similar type vehicle, when:
i. The loading, unloading or handling is conducted within a residentially zoned district or within 300 feet of
any residential home, hotel or motel building, and
ii. Is between the hours of 10:00 p.m. and 7:00 a.m., and
iii. When such loading or unloading creates noise in violation of the noise level standards contained in
Subsection (c), Table A, herein.
(4) Areas around public or private schools, churches or courthouses while such are in use, hospitals, nursing
homes, or homes for the aged are especially sensitive to noise. When provided with conspicuous signs displayed
on adjacent or surrounding streets, an area containing one of these uses may be declared a quiet zone.
(b) Exclusions.
(1) Activities directly connected with the abatement of an emergency, including, but not limited to, construction
activities and authorized emergency vehicles when such vehicles are responding to an emergency call or when in
pursuit of an actual or a suspected violator of the law or when responding to but not returning from a fire, are
excluded from the provisions of this Section.
(2) Bells and chimes or any device for the production or reproduction of the sound of bells or chimes from any
church, school, or clock, operated between the hours of 7:00 a.m. and 10:00 p.m., are excluded from the provisions
of this Section.
(3) Firework displays, which otherwise comply with this Code, are excluded from the provisions of this Section.
(4) Activated burglar alarms, which otherwise comply with this Code, are excluded from the provisions of this
Section.
(5)
Operations that create sound related to the care and maintenance of public or private golf course facilities
between the hours of 5:30 a.m. and 7:00 p.m., are excluded from the provisions of this Section.
(6) Snow removal equipment operated between the hours of 5:00 a.m. and 9:00 p.m. on any day on which
snow has fallen in the prior 24 hours at the location where such equipment is being used are excluded from the
provisions of this Section. Government operated snow removal equipment is excluded from the provision of this Section
regardless of the time of day.
(7) Any power generator providing emergency electrical power at any government owned or operated facility or
any hospital or emergency health care facility where the loss of electrical power poses an immediate risk is
excluded from the provisions of this Section. Any routine testing is also excluded only if such testing is performed
between 7:00 a.m. and 7:00 p.m. and conducted in the minimum amount of time designated for routine testing by
the manufacturer's guidelines.
(c) Noise sound level standards.
(1) Sound pressure levels shall be measured at the approximate location of the property line or, for motor
vehicles, at least 25 feet from the motor vehicle, at a height of at least four feet above the immediate surrounding
grade, on a sound level meter of standard design and operated on the A network.
(2) The maximum permissible sound pressure levels of any continuous source of sound is given in Subsection
(c), Table A, Sound Pressure Level Limits. Sound pressure levels in excess of the limits for the district in which the
source is located are considered an unreasonable noise and are prohibited.
Table A. Sound Pressure Level Limits
TABLE INSET:
District dB(A) During the Day,
7:00 a.m. to 7:00 p.m.
dB(A) During the Night,
7:00 p.m. to 7:00 a.m.
All residential districts 55 50
Nonresidential districts except
Industrial
60 55
Industrial Districts 80 75
(3) The repairing, rebuilding or testing of any type of motor vehicle and the operation of machinery, equipment,
pump, air conditioning apparatus or similar mechanical device shall be subject to the maximum permissible sound
pressure levels in Subsection (c), Table A, for the district in which the source is located.
(4) The standards in Subsection (c), Table A, do not apply to any sources of sound that have their own set of
standards in this Section.
(5) Construction activities as defined in Section 38-1 are prohibited within any zoning district, except an
Industrial District, between the hours of 9:00 p.m. and 6:00 a.m. At all other times, construction activities are subject
to sound pressure level limits for Industrial Districts given in Subsection (c), Table A.
(6) Within enclosed places of public entertainment, when individuals are subject to sound levels and exposure
durations exceeding those shown in Subsection (c), Table B, all feasible administrative or engineering controls shall
be utilized to protect against the effects of such noise exposure.
Table B
TABLE INSET:
Exposure Duration Per Day (hours) Sound Level dB(A) Slow Response
8 90
6 92
4 95
3 97
2 100
1.5 102
1 105
0.5 110
0.25 or less 115
(7) No person or entity shall operate or permit to be operated on private property or in the public right-of-way
within any zoning district, except for an Industrial District:
a. Domestic or commercial power equipment between the hours of 9:00 p.m. and 6:00 a.m.; or
b. Any commercial power equipment which exceeds a sound pressure level of 88 dB(A) between the hours of
6:00 a.m. and 9:00 p.m.; or
c. Any domestic power equipment which exceeds a sound pressure level of 80 dB(A) between the hours of
6:00 a.m. and 9:00 p.m.
(8) It shall be unlawful for any person to drive or move or for the owner to cause or knowingly permit to be
driven or moved any motor vehicle which emits a noise that exceeds the following sound pressure levels:
a. Eighty dB(A), for any motor vehicle with a manufacturer's gross vehicle weight less than 6,000 pounds or
any combination of motor vehicles towed by such a motor vehicle; or
b. Eighty-eight dB(A), for any motor vehicle with a manufacturer's gross vehicle weight more than 6,000
pounds or any combination of motor vehicles towed by such a motor vehicle; except
c. These standards shall not apply to vehicles traveling on streets with a posted speed limit greater than 45
miles per hour.
(9) It shall be unlawful to sound any horn or signal device on any vehicle on any street or highway within the
City, except as a danger warning when an emergency exists. It is only lawful to use a horn or signal device as a
danger warning for as long as the emergency exists or for a reasonable period of time. Any person using a horn or
signal device as a danger warning has the burden of showing that an emergency or crisis did exist.
(10) It shall be unlawful for any person to install, use or operate on a temporary basis a loudspeaker, any type of
sound amplifying device or sound amplifying equipment in a fixed or moveable position or attached to or mounted
on any motor vehicle for the purpose of giving instructions, directions, talks, addresses or lectures; or for
transmitting music or sound to any person or assemblages of persons for events in areas zoned for commercial use
and for government sponsored or co-sponsored special events intended to serve the community or a neighborhood
without first obtaining a permit pursuant to this subsection. Permits may also be issued for any type of events
permitted or allowed in a City park. Permitted events in City parks shall not create unreasonable noise as described
in (a)(1) above, but are exempt from noise level standards contained in Subsection (c), Table A.
a. An applicant shall provide to the City Clerk the following information:
1. Name, address, and telephone number for both the owner and user of the sound amplifying equipment or
device;
2. The license number of the sound truck or other vehicle to be used (if applicable);
3. A general description of the sound amplifying equipment or device to be used and verification that the
applicant has hired a person certified to use noise metering equipment to be present during the event to monitor the
sound amplifying equipment to be used to insure compliance with the noise level standards contained in
Subsection (c), Table A, herein;
4. A description of the intended purpose or need for use of the sound amplifying equipment or device; and
5. The dates, times and locations in which the sound amplifying equipment or device will be used.
b.
A permit shall be issued within five business days by the City Clerk on condition that the sound amplifying
equipment or device will be operated only between the hours of 7:30 a.m. and 10:00 p.m., only on the dates
specified and in compliance with the noise level standards contained in Subsection (c), Table A, herein.
c. If the City has probable cause to believe that the applicant has violated any requirements of this Subsection
(c)(10) or any other City Code provision, the permit shall be automatically revoked by the Thornton Police
Department.
d. Entities or organizations that are required to obtain a license from the City to operate pursuant to Chapter
42 of the Code are not eligible for a temporary permit under this Subsection (c)(10) as operation of any sound
amplification equipment will be regulated in connection with the operational license issued by the City.
(Ord. No. 2550, § 6, 7-12-99; Ord. No. 2953, § 5, 8-8-06)
Sec. 38-442. Glare.
(a) Exterior and interior lighting in all zoning districts shall be designed and installed so that all direct rays are
confined to the site on which the lighting is located and so that adjacent residential properties are protected from
glare which is deemed to be a public nuisance.
(b) The installation or erection of any lighting which simulates, imitates or conflicts with warning signals,
emergency signals or traffic signals is prohibited.
(Ord. No. 2550, § 6, 7-12-99)
Sec. 38-443. Dust.
(a)
It shall be unlawful for property owners or lessees of land within the City to allow the blowing of dust from
their property when the blowing of dust may or does cause damage to surrounding property or creates a danger to
motor vehicle traffic.
(b) Persons are required to prevent potential damage from blowing dust by watering and wetting down the
area, by installing snow fences or other barriers, or by chiseling the ground.
(c) A property owner or lessee is required to take corrective measures within 24 hours after the date written
notification by the City is sent advising that dust blowing from the property is or is likely to cause damage to
surrounding properties.
(d)
In the event the property owner or lessee does not take appropriate action, the City shall have the right to:
(1) Enter the property and take whatever corrective actions are determined to be necessary;
(2) Assess the property owner or lessee for the actual cost of the dust prevention measures taken, for the
purposes of this Section 38-443, property owner shall include any occupant or person in possession of the
property; and
(3) Assess the property owner or lessee for the costs incurred by the City to enforce collection of the costs of
the dust prevention measures, including attorney's fees and court costs under the procedure provided in
Subsection 38-453(b).
(Ord. No. 2550, § 6, 7-12-99)
Sec. 38-444. Weeds and brush.
(a) It shall be unlawful for a property owner or lessee to permit weeds and brush to grow to a height exceeding
eight inches, for the purposes of this Section 38-444, property owner shall include any occupant or person in
possession of the property. Excluded from the prohibitions of this Subsection (a) are the following:
(1) In Agricultural Districts, weeds other than noxious weeds shall be controlled for a distance of 100 feet from
a property line that adjoins another residential or nonresidential district boundary, or along any street right-of-way;
(2) On lots greater than five acres in size, weeds other than noxious weeds shall be controlled for a distance of
100 feet from the property line of the lot; and
(3) Noxious weeds shall be kept below eight inches in height regardless of distance to adjacent properties or
rights-of-way.
(b) A property owner or lessee is required to take corrective measures within ten calendar days after the date
written notification by the City is sent advising that weeds or brush has become overgrown and that corrective measures
shall be taken. The written notification shall contain a description of the property upon which the violation
has occurred and will direct the owner or lessee to correct the violation within the time period provided.
(c) In the event the property owner or lessee does not take appropriate action, the City shall have the right to:
(1) Enter the property and take whatever corrective actions are determined to be necessary;
(2)
Assess the property owner or lessee for the actual cost of the weed or brush control measures taken; and
(3) Assess the property owner or lessee for the costs incurred by the City to enforce collection of the costs of
the weed or brush control measures, including inspection, attorney's fees and court costs under the procedure
provided in Subsection 38-453(b).
(Ord. No. 2550, § 6, 7-12-99)
Secs. 38-445--38-450. Reserved.
DIVISION 4. ADMINISTRATION AND ENFORCEMENT
Sec. 38-451. Reserved.
Editor's note: Ord. No. 2953, § 6, adopted August 8, 2006, repealed § 38-451, which pertained to application for
relief and derived from Ord. No. 2550, § 6, adopted July 12, 1999.
Sec. 38-452. Enforcement.
(a) The City Manager is authorized to adopt and promulgate regulations and procedures deemed necessary
for the proper and effective enforcement of the Environmental Standards contained in Division 3 of this Article X.
Such rules, regulations and procedures shall be consistent with the provisions and the standards established in
Divisions 3 and 4 of this Article X.
(b)
The operation or maintenance of any environmental condition in violation of any provision which causes
discomfort or annoyance to reasonable persons of normal sensitiveness or which endangers the comfort, repose,
health, or peace of residents in the area shall be deemed and is declared to be a public nuisance and may be
subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction.
(c) Where technical complexity or extraordinary expense makes it unreasonable for the City to maintain the
personnel or equipment necessary for making difficult or unusual determinations of Code violations relating to
performance standards in this article, the City may call in properly qualified experts to make the determination. If
expert assistance is used, the City shall:
(1)
Assess the cost of the determination of a violation by an expert against the property owner or lessee
responsible for the violation, in addition to other permissible penalties; except
(2) If no violation is found, costs of the determination shall be paid by the City without assessment against the
properties or persons involved.
(d) Violation of any regulation for noise or glare, except violations where the noise source is a vehicle, shall be
cause for summons and complaint to be issued immediately, except in lieu of a summons and complaint a notice to
abate the violation may be issued instead. A notice to abate shall:
(1) Be in writing, signed by the City Manager;
(2) Provide a reasonable amount of time for compliance that is no shorter than 24 hours, or longer than five
days;
(3) Be delivered personally or by certified mail to the owner, occupant, or person in charge or control of the
machine, device, building or other premises in violation of this article; or
(4)
If unable to be delivered as provided in Subsection (d)(3) of this section, be posted in a conspicuous place
on the property in violation;
(5) State:
a. "It is hereby declared that failure to reply or to correct the alleged violation to the satisfaction of the City
within the time limit set constitutes admission of violation of the terms of the City of Thornton's Environmental
Regulations as contained in Article X of Chapter 38 of the Thornton City Code"; and
b. That upon request by the person to whom the notice is addressed, technical determination by outside
experts may be undertaken, and that the cost of this determination shall be added to other permissible penalties,
unless no violation exists, in which case the cost of the determination shall be paid by the City.
(e) Failure to comply with the order so issued and served shall constitute a violation of this Article X.
(f)
Violation of the noise standards in this Article X where the noise source is a motor vehicle shall be cause
for a summons and complaint to be issued immediately. Minimum fines for motor vehicle noise violations are as
established by Council resolution.
(g) Compliance certification requires that:
(1) The noise violation can be attributed to faulty or defective equipment;
(2) The owner has fixed the vehicle prior to the scheduled court appearance;
(3) The vehicle has been checked for compliance by a designated City compliance officer; and
(4)
The vehicle receives compliance certification.
(Ord. No. 2550, § 6, 7-12-99)
Sec. 38-453. Assessment policy.
(a) Purpose. The purpose of this section is to provide for a procedure by which the City can enforce the
various environmental concerns addressed by this Article X and to establish a policy authorizing the City to take
corrective enforcement measures should a landowner fail to voluntarily comply with the provisions of this Article X.
(b) Policy.
(1)
Upon the contractor's completing eradication of the violation, a notice of assessment, including the right to
a hearing, as set out in Subsections (b)(6) and (b)(7) of this section, shall be sent by first class mail, from the City's
Finance Director to the property owner at the address listed for the property owner in the county record and to the
property address. If any notice is returned, the property will be posted with such notice.
(2)
For the purpose of this Section 38-453, property owner shall include renters, lessees, occupants or persons
in possession of the property.
(3) The property owner has 30 days from the date the notice of assessment is mailed or if notice is returned,
from the date the property is posted to pay the assessment. Failure to pay within the time allotted will cause the
assessment to be recorded against the property. The assessment will constitute a continuing lien against such
property.
(4) The amount of the assessment will include, in addition to all contractors' charges, inspection costs,
attorneys' fees, court costs, and all other associated costs. The assessment may be paid any time prior to the
assessment being turned over to the County Treasurer. Payments must be made directly to the City's Finance
Director.
(5) Unpaid assessments will be filed quarterly with the proper office of the County Clerk and Recorder's office
and annually with the Treasury office.
(6) A property owner may object to such assessment within 30 days from the date the notice of assessment
was mailed or if the notice is returned, from the date the property is posted. The objection must be in writing and
mailed to and received by the Municipal Court within the 30-day period. The objection must include a phone
number and address of the objecting party, and must state the basis for the objection. Upon receipt of such
objection, the City Manager will appoint a hearing officer. Such hearing officer will then set a hearing date, which
hearing shall be within 30 days from receipt of the objection. Notice of this date will be mailed to the person making
the objection. Failure to include an address in the objection will constitute a waiver of the right to file an objection.
(7) The property owner who requests the hearing will be charged an additional administrative cost, established
by resolution of the City Council, should the hearing officer find in favor of the City. Failure of such person to attend
the hearing at the date and time scheduled shall constitute a waiver of such right to a hearing and a determination
of all issues regarding the assessment.
(8) The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical
rules of evidence. The City shall carry the burden of establishing there was probable cause to cite for a violation
and that a violation did occur. The standard of proof shall be by a preponderance of the evidence. A written
decision will be prepared at the end of the hearing. This decision will be reached after both the landowner and the
City have presented their cases. The decision will be deemed effective three days from the date the decision is
mailed to the property owner as provided in Subsection (b)(1).
(Ord. No. 2550, § 6, 7-12-99; Ord. No. 2663, § 8, 4-23-01)
Secs. 38-454, 38-455. Reserved.