Buena Vista amends noise code to match Colorado Supreme Court ruling; board approves Ordinance 13
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Summary
Trustees approved Ordinance 13 to align the town’s noise permit rules with a Colorado Supreme Court decision that limits when municipalities can allow permittees to exceed statewide noise limits; the change preserves town‑sponsored event exemptions but removes broader permit authority for private, for‑profit activities.
The Town of Buena Vista adopted Ordinance 13 on Nov. 12 to bring the town noise code into alignment with a recent Colorado Supreme Court decision arising from the Salida case. Town attorney Jeff explained the ruling’s effect: municipalities cannot issue permits allowing private, for‑profit entities to exceed statewide noise limits unless the permitted activity is a qualifying municipal activity or directly associated with the municipality’s exempt event.
Jeff told trustees the Salida decision prevents a business that merely holds a permit from claiming an exemption to noise limits; instead, the exemption applies when the activity is part of the municipality’s own endorsed activities such as a town‑sponsored fireworks display or a nonprofit‑run community event. “What matters is who is making the noise,” Jeff said, summarizing the court’s guidance.
Under the ordinance, events organized by bona fide town activities and some nonprofit sponsors retain the ability to exceed local decibel thresholds when those activities fall squarely within the municipal exemption. Jeff said the town’s previously permitted events will not be retroactively affected; the amendment removes broader discretionary permit language that legal review found inconsistent with the high court’s decision.
Trustee (speaker 3) moved to approve Ordinance 13 and Trustee (speaker 16) seconded. The motion passed by voice vote.
The town will add decibel‑level guidance to special event permit materials and work with public safety staff on measurement protocols.