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'When I use a word', Humpty Dumpty said in rather a scornful tone, 'it means just what I choose it to mean, neither more or less.'
'The question is', said Alice, 'whether you can make words mean different things.'
-- Lewis Carroll, Alice in Wonderland --
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The Jeffco Sheriff's Department says the Jeffco District Attorney's office concurs with their interpretation of the law. Nowhere in the law does it exclude or even imply exclusion of any specific noise source. This is not a children issue, this is an excessive noise issue. The noise I experience in my backyard and inside my home is excessive by
Colorado
and
Jefferson County law. It would be just as objectionable if it were from any other source for the durations it occurs.
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Their silly attempt to ignore the word "ANY" reminds me of the Bill Clinton testimony where he spent time defending himself by telling us all what the meaning of the word "is" is...
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If there are exclusions in the law, they should be documented. Even if anyone disagrees with the law, it does not give legal cause to refuse equal enforcement. If the law is wrong, it should be changed, but until then, the police and District Attorney should enforce it. They have refused.
My neighbors made a bad decision by placing their playground only 8' from my home between the houses, which is the reason why the noise level is so high in my backyard and inside my home. The reason the noise is excessive is the fault of the parents. I believe they are in violation of:
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- 5.90.3.1 -- ... promote or facilitate the carrying on of ANY activity which makes sound in excess of the level specified ...
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The Mercers playground placement promotes and facilitates excessive levels. The Mercers could, and should have placed the playground in a more open area to allow the noise to dissipate. They are the law breakers, not the children.
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I believe there is concern that it may look like they are taking away a child's playground, so the Noise Abatement law is not enforced. Enforcing this law does not take away a child's playground, it effectively forces the parents to move the playground to a location that does not generate excessive and illegal noise levels on their neighbor's property - if they still want the playground for their children. I mention the IF because the Mercers seem to want the playground " out of their way", in their side yard, which puts it right in " my way".
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Does the refusal to enforce the Noise Abatement Law mean that ANY level of noise at ANY time of the day or ANY time at night is acceptable if it's created by children?
What is meaning of ANY ??? - see above... Is ANY a difficult word?
If "children" are (undocumented) "exempt" from the provisions of the Noise Abatement Law, what is the age range for "children"? What if the "children" were 15-16 years old and having a loud teenage party in my neighbors yard, just 8' from my home at 11pm in the evening? What if they were 17-18 years old? 21-24 years old? I'm 47, can I scream my lungs out at ANY time of the day or evening at ANY sound level without penalty?
What if my neighbor had 20 children in their yard screaming, would the law be enforced then? What about 50 children, what about 100? How many children screaming is acceptable and how many are not acceptable? Are there ANY limits?
What if the gaggle of screamers were 30 year olds making noise at 66dB(A)? Would the law be enforced then?
I've measured the screaming at 66dB(A), which is 11-16dB(A) over the daytime limit and 16-21dB(A) over the after 7pm Sound Pressure Limits as defined in the Noise Abatement Law. Is there ANY level of noise created by screaming children at any time day or night that would be unacceptable? Who decides if it's not the written law?
I could go on and on with questions and examples, but the point is that without an enforceable and measurable well documented law to rely on, the police and the citizens have no idea what is acceptable neighborhood noise and what is not. Without an enforced written law, any enforcement that may be done is totally up to the individual judgment of the responding police officer. That judgment is not measurable or repeatable, that judgment depends on the day of the week, the responding officer's mood and the extent they have any nasal congestion affecting their hearing.
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