Legal Question in Civil Rights Law in Colorado

harrassment by neighbor

a neighbor of ours is constantly calling the police and complaining about noise. last night she called the police and there were six of us playing video games. we invited the police in to look around to prove we were doing nothing wrong but they declined. this lady calls the cops on every house on the block and even on house two blocks away. she is the only tenant within a three block radius not our age. she lives three blocks away from the college in a college zoned area. we wouldn't have a problem if we were unlawfully loud but the visits are getting more and more frequent annoying us and the police. what can we do the police are sick of coming they told us they wished she would move. we are getting sick of this harrassment what should we do?


Asked on 8/14/03, 5:27 pm

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: harrassment by neighbor

You're probably annoying her as much as she is annoying you.

So, consider asking for community mediation to find out what the deal is. She shouldn't have to put up with excessive noise, but she also has to realize that she can't use up community resources all the time, if your behaviour is not really that bad.

Sometimes, neither party is right, and you'd be better off having a third party come in and help provide guidelines that everyone can live with.

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Answered on 8/15/03, 11:36 am
Jason Savela The Savela Law Firm, PC

Re: harrassment by neighbor

noise ordinances typically say that the noise must able to be heard at the property line and must be too loud at that line - the police can come to your door and knock, just like any other person. I know that this is annoying.

I would keep a notebook or pad of paper by the door, and every time the police come, document it in the notebook with date, time, officer name (get him to sign or initial), case # or report # (so that we can get copies of any paperwork on the call) and the result - ticket, cops ask to turn down, cops tell you what happened and say they have to come out etc; and witness names (does not have to be everyone, but get names of who was there) - ask the cop who called it in (they might not tell you)

you are trying to document the crime of harassment (see below) - the cops may, after you show them the list and complain that this is affecting the use and enjoyment of your property, got to the neighbor and issue a summons or warning about the crime

CRS 18-9-111(g) - a person commits harassment if, with the intent to harass, annoy or alarm another person, he or she:

(g) makes repeated communications at inconvenient hours that invade the privacy of another and interfere in the use and enjoyment of another's home or private residence or private property

this may cause war of neighbors, so beware - especially if you have any illegal habits. Do not cuss or yell at her or call her or generally harass her, because you are subject to the same law and there are many ways to violate this one.

call me if you want to discuss - 720-406-6969

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Answered on 8/14/03, 5:46 pm


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