Seattle1
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No it's not an "official" working day, but when someone is contracted to do a job (like BM was) and there's a timeline and schedule and other people starting their work depends on you getting your part of the work completed first, and the schedule slips, time has to be made up to keep the project on schedule. It requires being flexible to meet the scheduling requirements and working even on days when it's not an "official working day." It happens in construction, and it happens in other industries too.
Then the residents around the construction site obviously have no rights to be spared from noise and dirt on a Sunday, aha. I didn't know.
I'm not sure why the impression that the conduct of construction and private contractor's construction schedules can disregard the law, or in this case, disregard the Municipal Code of Salida -- Prohibited Noise Activities:
ARTICLE IX. - NOISE CONTROL
This Article is enacted to protect, preserve and promote the health, safety, welfare, peace and quiet of the citizens of the City through the reduction, control and prevention of noise. It is the intent of this Article to establish standards that will eliminate and reduce unnecessary and excessive noise which is physically harmful and otherwise detrimental to individuals and the community in the enjoyment of life, property and the conduct of business.
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Sec. 10-9-50. - Prohibited noise activities.
Notwithstanding the sound pressure levels and/or limits permitted in Section 10-9-30 above, the following activities are prohibited everywhere in the City:
(1)
No person shall at any time sound any horn or other audible signal device of a motor vehicle unless it is necessary as a warning to prevent or avoid a traffic accident, or is reasonably necessary to inform or warn of a vehicle presence, inclusive of audible back-up safety warning devices.
(2)
No person shall operate any trash compacting mechanism on any motor vehicle or on any premises, nor shall any person engage in any trash, rubbish or garbage collection activity, between the hours of 10:00 p.m. and 6:30 a.m. when such compacting or collection activity takes place on any premises, other than a public premises, adjacent to, or across the street or alley from, a residential premises.
(3)
No person shall operate any construction equipment, nor conduct any construction activities, that exceeds the noise limits of Table 10-A above between the hours of 9:00 p.m. and 7:00 a.m.; provided, however, that the City may grant variances from the construction restrictions 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.
(4)
Except for an authorized public address system utilized to announce a sporting or recreational event, no noise shall be emitted from any radio, tape/CD player, electronic sound system or similar electronic amplified sound reproduction or receiving device on or within any public park or recreational area in excess of fifty-five (55) dB(A) unless authorized under a permit as obtained under Section 10-9-90 below.
Municode Library
ETA: As with most states, the respective revised state statutes provide for the entire land if no other protection provided by the County or Municipality. If the private property searched is not in the Salida City limits, the law of the land will rule.
2017 Colorado Revised Statutes
Title 25 - Public Health and Environment
Environmental Control
Article 12 - Noise Abatement
§ 25-12-103. Maximum permissible noise levels
Universal Citation: CO Rev Stat § 25-12-103 (2017)
(1) Every activity to which this article is applicable shall be conducted in a manner so that any noise produced is not objectionable due to intermittence, beat frequency, or shrillness. Sound levels of noise radiating from a property line at a distance of twenty-five feet or more therefrom in excess of the db(A) established for the following time periods and zones shall constitute prima facie evidence that such noise is a public nuisance:
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)
(2) In the hours between 7:00 a.m. and the next 7:00 p.m., the noise levels permitted in subsection (1) of this section may be increased by ten db(A) for a period of not to exceed fifteen minutes in any one-hour period.
(3) Periodic, impulsive, or shrill noises shall be considered a public nuisance when such noises are at a sound level of five db(A) less than those listed in subsection (1) of this section.
(4) This article is not intended to apply to the operation of aircraft or to other activities which are subject to federal law with respect to noise control.
(5) Construction projects shall be subject to the maximum permissible noise levels specified for industrial zones 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, for a reasonable period of time for completion of project.
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2017 Colorado Revised Statutes :: Title 25 - Public Health and Environment :: Environmental Control :: Article 12 - Noise Abatement :: § 25-12-103. Maximum permissible noise levels
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