TC Ord. No. 26-06 Repealing Chapter 8.44 Of The Avon Municipal Code Regarding Indoor Face Covering Requirements And Replacing It With Construction Noise RegulationsAvon
COLORADO
ORDINANCE NO.26-06
REPEALING CHAPTER 8.44 OF THE AVON MUNICIPAL CODE REGARDING
INDOOR FACE COVERING REQUIREMENTS AND REPLACING IT WITH
CONSTRUCTION NOISE REGULATIONS
WHEREAS, pursuant to C.R.S. §§ 31-15-103 and 31-15-104, and pursuant to the home rule
powers of the Town of Avon ("Town"), the Town Council has the power to make and publish
ordinances necessary and proper to provide for the safety, preserve the health, promote the
prosperity, and improve the morals, order, comfort, and convenience of its inhabitants; and
WHEREAS, pursuant to C.R.S. §25-12-101, the Colorado General Assembly found that noise is
a major source of environmental pollution which represents a threat to an individual's serenity and
quality of life; and
WHEREAS, further, pursuant to C.R.S. § 31-15-401, the Town possesses the authority to adopt
laws and ordinances within its police power in furtherance of the public welfare; and
WHEREAS, section 8.24.085 of the Town's Municipal Code previously provided a limitation on
audible construction noise, but does not dictate acceptable, measurable noise levels; and
WHEREAS, the Town Council finds it desirable and prudent to properly regulate construction
noise in line with the Colorado Revised Statute's limitations to protect the welfare of the public;
and
WHEREAS, C.R.S. § 25-12-108 establishes that the state statute regulating noise "shall not be
construed to preempt or limit the authority of any municipality or county to adopt standards that
are no less restrictive than the provisions of this article;" and
WHEREAS, the Town no longer finds it necessary to have within the Town's Municipal Code
regulations regarding face covering requirements; and
WHEREAS, approval of this Ordinance on first reading is intended onl to confirm that the Town
Council desires to repeal section 8.24.085, as well as repeal and reenact Chapter 8.44 of the Avon
Municipal Code by setting a public hearing in order to provide the public an opportunity to present
testimony and evidence and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, has determined to take
final action on this Ordinance prior to concluding the public hearing on second reading.
Ord 26-06 - Repealing and Reenacting Chapter 8.44 — Construction Noise Regulations
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Repeal and Reenactment of Chapter 8.44 to Title 8 of the Avon Municipal
Code. Chapter 8.44, "Indoor Face Covering Requirements" is repealed in its entirely and reenacted
in the Avon Municipal Code to read as set forth in Exhibit A: Repeal and Reenacted Chapter
8.44 To Title 8 of the Avon Municipal Code, attached hereto.
Section 3. Repeal of Section 8.24.085 of the Avon Municipal Code. Section 8.24.085,
"Limitation of construction activity" is hereby repealed in its entirety as set forth in Exhibit B:
Repeal in its entirety Section 8.24.085 of the Avon Municipal Code, attached hereto.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to
be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Town Council further determines that the Ordinance bears a rational relation to the proper
legislative objective sought to be obtained.
Section 7. No Existina Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree or order which can or may be rendered, entered,
or made in such actions, suits or proceedings, or prosecutions imposing, inflicting, or declaring
Ord 26-06 - Repealing and Reenacting Chapter 8.44 — Construction Noise Regulations
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such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending
before any court or administrative tribunal.
Section 8. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors
Section 9. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on July 28, 2026, and setting such public hearing for
August 11, 2026 at the Council Chambers of the Avon Municipal Building, located at One
Hundred Mikaela Way, Avon, Colorado. -4-cz=
BY:
XIL,
Ta ra N. derwood, Mayor
ATTEST:
Miguel Jauregui C/s4hueva, Town
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:SEAL;
ADOPTED ON SECOND AND FINAL READING by the Avon Town Council on August 11,
2026.
BY:
TVmra k. Underwood, Mayor
APPROVED AS TO FORM:
Nina Williams, Town Attorney
ATTEST:
Miguel Jauregui j7asaVueva, Town
Ord 26-06 - Repealing and Reenacting Chapter 8.44 — Construction Noise Regulations
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EXHIBIT A
REPEAL AND REENACTMENT OF CHAPTER 8.44
OF THE AVON MUNICIPAL CODE
CHAPTER 8.44 —CONSTRUCTION NOISE REGULATIONS
Section 8.44.010 Purpose.
Section 8.44.020 Definitions.
Section 8.44.030 Prohibition on Construction Noise.
Section 8.44.040 Noise Suppression Plans for Driven Piles.
Section 8.44.050 Sound level measurements.
Section 8.44.060 Inspections.
Section 8.44.070 Violation — Penalty.
8.44.010 Purpose.
This Chapter is enacted to protect, preserve and promote the health, safety, welfare, peace
and quiet of the citizens of the Town through the reduction, control and prevention of construction
noise. It is the intent of this Chapter to establish standards that will eliminate and reduce
unnecessary and excessive construction noise which is disturbing, harmful and otherwise
detrimental to individuals and the community in the enjoyment of life, property and the conduct
of business.
8.44.020 Definitions.
The following words and phrases, when used in this Chapter, shall have the meanings
defined in this Section:
"Construction activities" means any activity performed for the purpose of excavation,
construction, repair, maintenance or demolition of any building, structure, lot, parcel, street,
alley, waterway or appurtenance thereto.
"Construction equipment" means any equipment or mechanical apparatus operated by
fuel, electric or pneumatic power in the excavation, construction, repair, maintenance or
demolition of any building, structure, lot, parcel, street, alley, waterway or appurtenance
thereto.
"Decibel" means a logarithmic unit of measure often used in measuring magnitude of
sound. The symbol is dB.
"Driven Piles" means a type of pile -driving equipment or setup used to install piles into
the ground by applying repeated impact, vibration, or hydraulic force to drive them to a
required depth and load -bearing capacity."
Ord 26-06 - Repealing and Reenacting Chapter 8.44 — Construction Noise Regulations
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"Noise" means sound that is unwanted, and which causes or tends to cause annoyance
and/or adverse physiological effects on human beings, or disturbs the peace and quiet of
persons on a receptor premises.
"Premises" means any building, structure, land, utility or portion thereof, including all
appurtenances, and also includes yards, lots, courts, inner yards and properties without
buildings or improvements owned or controlled by a person.
"Property line" means that real or imaginary line and its vertical or horizontal extension
which separates real property owned or controlled by any person from contiguous real
property owned or controlled by another person, inclusive of the lines that separate units in
a multiple -unit building.
"Sound" means an oscillation in pressure, stress, particle displacement and particle
velocity which induces auditory sensation.
"Sound level meter" means an apparatus or instrument, including a microphone,
amplifier, attenuator, output meter and frequency weighting networks, for the measurement
of sound levels. The sound level meter shall be a design and have the characteristics of
Type 2 or better instrument as established by the American National Standards Institute,
Publication 51.4-1971, entitled Specification for Sound Level Meters, or its current
successor publication.
Section 8.44.030 Prohibition on Construction Noise.
(a) Sound levels of noise from construction equipment and/or construction activities
radiating from a property line at a distance of twenty-five feet or more therefrom in
excess of 80 db(A) between 9:00 a.m. and 6:00 p.m. shall constitute prima facie evidence
that such noise is a public nuisance when occurring on Sundays and national holidays.
(b) Sound levels of noise from construction equipment and/or construction activities
radiating from a property line at a distance of twenty-five feet or more therefrom in
excess of 80 db(A) between 7:00 a.m. and 7:00 p.m. shall constitute prima facie evidence
that such noise is a public nuisance when occurring Monday through Saturday.
(c) Driven Pile activity and/or equipment usage is limited to the hours between 9:00 a.m. and
5:00 p.m., Monday through Friday. Sound levels of noise from Driven Piles radiating
from a property line at a distance of twenty-five feet or more therefrom in excess of 80
db(A) shall constitute prima facie evidence that such noise is a public nuisance.
(d) During construction hours denoted in sections (a), a*d (b), and (c) above, noise levels
may be increased by ten db(A) for a period of not to exceed fifteen minutes in any, one -
hour period.
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(e) No person shall operate any construction equipment, nor conduct any construction
activities that produces audible noise at a distance of twenty-five feet or more therefrom
outside the prescribed timeframes in sections (a),(b), and (c) above; provided, however,
that the Town may grant variances from the noise restrictions for construction equipment
and/or construction activities if it can be demonstrated that a construction project will
interfere with traffic if completed during daytime hours, or that other extenuating
circumstances exist requiring relief from this prohibition; and further excepting the
operation of municipal street sweeping equipment.
Section 8.44.040 Noise Suppression Plans for Driven Piles.
(a) When submitting a building permit application to the Building Official, the General
Contractor shall submit a Noise Suppression Plan, demonstrating reasonable measures to
baffle or reduce noise emanating from the use of Driven Piles. The Noise Suppression Plan
shall include a schedule with the date, time, location of equipment usage, type of
equipment, and anticipated duration for use of Driven Piles. The Building Official shall
approve a Noise Suppression Plan prior to the issuance of a building permit.
(b) The schedule prepared pursuant to the Noise Suppression Plan shall be posted in a
conspicuous location, as determined by the Building Official, such as on the construction
site notice board and/or attached to the exterior fence of the construction site property at
least fourteen (14) days prior to use of Driven Piles and prepared on at least a one (1) square
foot in size paper with lettering that is at least one (1) inch in height. The purpose of the
posted schedule is to give notice of the date, times, and duration of Driven Piles to
surrounding property owners and managers. The schedule shall include the contact
information for the Construction Site Superintendent and/or Construction Manager, as well
as the non -emergency dispatch phone number as provided by the Building Official.
Section 8.44.050 Sound level measurements.
Sound level measurements made pursuant to this Chapter shall be made with a sound level
meter of standard design using the weighting network/scale.
Section 8.44.060 Inspections.
(a) For the purpose of determining compliance with the provisions of this Chapter, the Chief
of Police or other designated Town representative shall be authorized to make inspection
of all noise sources and to take measurements and tests whenever necessary to determine
the volume and character of noise. If any person refuses or restricts entry and free access
to any part of a premise, or refuses to allow the inspection, testing or noise measurement
of any activity, device, facility or motor vehicle where inspection is sought, the Town
official seeking such access and/or testing may petition the Municipal Court for a warrant
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for inspection requiring that such person permit entry and free access to the subject
premises without interference, restriction or obstruction at a reasonable time for the
purpose of inspecting, testing or measuring noise. The Municipal Court shall have power,
jurisdiction, and authority to enforce all orders issued under the provisions of this Chapter.
(b) It is unlawful for any person to refuse to allow or permit Town officials charged with
enforcing this Chapter free access to any premises when such official is acting in
compliance with a warrant or court order issued by the Municipal Court.
(c) It is unlawful for any person to violate the provisions of any warrant or court order requiring
inspection, testing or measurement of noise or noise sources.
(d) No person shall hinder, obstruct, delay, resist, prevent in any way, interfere or attempt to
interfere with any Town official performing his or her duties under this Chapter.
Section 8.44.060 — Violation - Penalty.
Any person violating any of the provisions of this Chapter shall be deemed to have
committed a civil infraction for each and every day or portion thereof during which any infraction
is committed, continued or permitted and shall be subject to the penalties contained in Chapter
1.09 of this Code.
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EXHIBIT B
REPEAL IN ITS ENTIRETY SECTION 8.24.085
AVON MUNICIPAL CODE
Sec. 8.24.085 — Limitation of eonstruetion aetivib,. Re en aled
.�in
MEN.
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