Found Deceased CO - Suzanne Morphew, 49, did not return from bike ride, Chaffee County, 10 May 2020 #22

[Seattle1]

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.

[...]​

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.

[...]

2017 Colorado Revised Statutes :: Title 25 - Public Health and Environment :: Environmental Control :: Article 12 - Noise Abatement :: § 25-12-103. Maximum permissible noise levels

 

[10ofRods]

I seriously doubt that LE did complete forensic work on truck/phone etc. without a search warrant. So at that point, BM had no choice, no control over those belongings and while the word "seized" may connote grabbing something, it's actually part of law in many places (no illegal search or seizure). Holding someone's stuff and then using that stuff in a criminal matter is definitely a type of search and seizure, under the law.

They kept the house for what, 10 days or more? Maybe at some point we'll learn more about when he got the truck back, it's possible that LS or TD might uncover that information. And what the condition of the truck might be.

 

[Dr.StClements]

I thought the ID video was lazy in posting that mining vehicle. Essentially, someone pulled a stock image of what they thought construction equipment would look like.

I don't recall ever seeing such a large piece of equipment being used on a single residential property. Nor would it make sense for someone with a landscaping business to have a piece of machinery that large.

Excellent point - I can't imagine it either! The sheer weight and size would be damaging and counterproductive. And mane0uvering it would pose a real challenge on such a relatively small site. It may well have a tight turning circle, but it would still look as out of place as me doing my Costco shopping in a tank.

I find it disturbing that someone would feel sufficiently comfortable in accessing the worksite and start using construction machinery at that time of night. Not acceptable - unless there was some real emergency - and certainly not normal.
It would have to be someone who thought they could carry it off.

 

[Dr.StClements]

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.

IMO

Beginning work around midnight is inexplicable, and without the site owner's express permission would constitute trespass. I think that any resident-to-be would want to avoid annoying his neighbors currently living in close proximity to the site.
Building contracts routinely set out what is considering to be normal working hours. Any exceptions would need to be agreed in advance with the site owner. turning up for an hour's work around midnight is completely bizarre.

 

[?mysterian?]

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.

[...]​

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

Is the property within the city limits? If not, the municipal code might not be enforceable. IMO.

 

[Love Never Fails]

Forgot to add that I also agreed with you but wanted to clarify Spezze’s comments. :hug:

When I said maybe he misspoke, it was a joke. I’m aware of how good he is at what he does.

 

[Dave F.]

Is the property within the city limits? If not, the municipal code might not be enforceable. IMO.

The property is NOT in the city limits. It's legal description is Salida city laws do not apply. The property's legal description is:
Parcel Number 380709100003
6962 COUNTY ROAD 105
UNINCORPORATED CHAFFEE COUNTY, CO

Chaffee Colorado Assessor Office

 

[Dave F.]

Followed your twitter link to see what OP referencing as fact but I don't find any video tweet about SM. Could it be ID actually removed this erroneous, tweeted video?!!

It looks to me like Investigation Discovery is through with this case, period. Was that the result you were expecting? IMO

Search | Investigation Discovery

 

[Gigi3]

It looks to mew like Investigation Discovery is through with this case, period. Was that the result you were expecting? IMO

Search | Investigation Discovery

For me, since I’m an ID junkie, all I expect is accuracy. If I wanted fake news, there’s plenty of other options. I normally hold ID to a higher standard.

I doubt they’re through with this case. I think they’re probably in CYA mode at the moment.

JMO

 

[Dave F.]

For me, since I’m an ID junkie, all I expect is accuracy. If I wanted fake news, there’s plenty of other options. I normally hold ID to a higher standard.

I doubt they’re through with this case. I think they’re probably in CYA mode at the moment.

JMO

The burner that it's on now seems to be pretty far back IMO

 

[dkryder]

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.

[...]​

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

Perhaps the question is was that property within the city limits? Because if not then the city code might have no bearing. Maybe the county has the codes also?

 

[dkryder]

My current take on the equipment operating overnight is it is plausible that BM had a piece of equipment, maybe a bobcat, a relatively small earthmoving piece or a small to medium backhoe on that site. Maybe he needed to load it on a trailer to take to Denver on his early morning trip.

 

[Dave F.]

Perhaps the question is was that property within the city limits? Because if not then the city code might have no bearing. Maybe the county has the codes also?

Chaffee County Ordinances, Page 7-7
2. Noise. Noise as measured at the property boundary shall not exceed state noise standards as set forth in C.R.S.25-12-103, as amended, a nd may be buffered by landscaping or other screening devices to stay within the maximum permissible noise levels.

http://www.chaffeecounty.org/EndUserFiles/57035.pdf

 

[Dave F.]

Chaffee County Ordinances, Page 7-7
2. Noise. Noise as measured at the property boundary shall not exceed state noise standards as set forth in C.R.S.25-12-103, as amended, a nd may be buffered by landscaping or other screening devices to stay within the maximum permissible noise levels.

http://www.chaffeecounty.org/EndUserFiles/57035.pdf

Colorado Noise Statute
25-12-103 - Maximum permissible noise levels.
(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.

(6) All railroad rights-of-way shall be considered as industrial zones for the purposes of this article, and the operation of trains shall be subject to the maximum permissible noise levels specified for such zone.

(7) This article is not applicable to the use of property for purposes of conducting speed or endurance events involving motor or other vehicles, but such exception is effective only during the specific period of time within which such use of the property is authorized by the political subdivision or governmental agency having lawful jurisdiction to authorize such use.

(8) For the purposes of this article, measurements with sound level meters shall be made when the wind velocity at the time and place of such measurement is not more than five miles per hour.

(9) In all sound level measurements, consideration shall be given to the effect of the ambient noise level created by the encompassing noise of the environment from all sources at the time and place of such sound level measurement.

(10) This article is not applicable to the use of property for the purpose of manufacturing, maintaining, or grooming machine-made snow. This subsection (10) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement.

(11) This article is not applicable to the use of property by this state, any political subdivision of this state, or any other entity not organized for profit, including, but not limited to, nonprofit corporations, or any of their lessees, licensees, or permittees, for the purpose of promoting, producing, or holding cultural, entertainment, athletic, or patriotic events, including, but not limited to, concerts, music festivals, and fireworks displays. This subsection (11) shall not be construed to preempt or limit the authority of any political subdivision having jurisdiction to regulate noise abatement. Source: L. 71: p. 648, § 1. C.R.S. 1963: § 66-35-3. L. 82: (10) added, p. 424, § 1, effective March 11. L. 87: (11) added, p. 1154, § 1, effective May 20.

Am. Jur.2d. See 61A Am. Jur.2d, Pollution Control, § 267.

Residential development of property is not precluded when noise emanating onto property exceeds limits set forth in this section. Einarsen v. City of Wheat Ridge, 43 Colo. App. 232, 604 P.2d 691 (1979).

Trier of fact to determine mode to use in measuring noise. Davis v. Izaak Walton League of America, 717 P.2d 984 (Colo. App. 1985).

Applied in City of Lakewood v. DeRoos, 631 P.2d 1140 (Colo. App. 1981).

Colorado Noise Statute 25-12-103

 

[Seattle1]

Is the property within the city limits? If not, the municipal code might not be enforceable. IMO.

The property is NOT in the city limits. It's legal description is Salida city laws do not apply. The property's legal description is:
Parcel Number 380709100003
6962 COUNTY ROAD 105
UNINCORPORATED CHAFFEE COUNTY, CO

Chaffee Colorado Assessor Office

If the searched site does not fall under the jurisdiction of the Salida Municipal Code cited in my initial post (not sleuthing the private residence lot), then the law of the land shall apply (i.e., Colorado Revised Statute Section ("C.R.S."). More specifically, see Universal Citation: CO Rev Stat § 25-12-103 (2017)

Article 12 - Noise Abatement
§ 25-12-103. Maximum permissible noise levels

(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)

[..]

(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.

 

[dkryder]

Chaffee County Ordinances, Page 7-7
2. Noise. Noise as measured at the property boundary shall not exceed state noise standards as set forth in C.R.S.25-12-103, as amended, a nd may be buffered by landscaping or other screening devices to stay within the maximum permissible noise levels.

http://www.chaffeecounty.org/EndUserFiles/57035.pdf

Well then, seems a violation. Too bad the neighbor lady didn't call sheriff or go over to site.

 

[Dave F.]

How many decibels is an excavator?
Heavy trucks create noise levels of between 80 and 86 dB. Bulldozers, excavators, scrapers and loaded trucks create about 85 dBA each. Blasting will create noise in the range of 94-98 dBA. Noise emanating from rock crushing activities and blasting can range between 75 and 90 dB.

what is the noise level of Bobcat loader? - بحث Google

 

[Dave F.]

Lawyers feel free to correct me here:
The remedy for noise abatement is to seek an injunction in the district court having jurisdiction, which in this case would be the 11th District. If the noise is not abated after the injunction is served, then it is the duty of the county sheriff to arrest the person for disregarding a legal order. IANAL IMO

 

[GordianKnot]

I don't know about anybody else, but I'm keeping my fingers crossed we'll see an arrest on their upcoming wedding anniversary.

I'm sure it would give BM some measure of comfort, knowing the person responsible for SM's disappearance had been apprehended.

Amirite?!

JMO.

 

[Seattle1]

The property is NOT in the city limits. It's legal description is Salida city laws do not apply. The property's legal description is:
Parcel Number 380709100003
6962 COUNTY ROAD 105
UNINCORPORATED CHAFFEE COUNTY, CO

Chaffee Colorado Assessor Office

Well there you go, both the County and Colorado State Statutes are less restrictive than the City of Salida Maximum Allowable Noise Levels by one hour and 5dB.

The point is, the entire state of Colorado is entitled to 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. Absent any local rule, the state law of the land will provide the standard.