What is the name of your state? Indiana
My two sons both play in bands with friends, and for probably ten years now their bands have practiced in my garage......never once have we had a complaint from a neighbor. I am currently in a dispute with a neighbor over some concrete work I hired him for that went bad....going to small claims Wednesday to address that issue....and last night at 7pm the police show up at my house saying they received a complaint over the noise level of them practicing. I immediately suspecting them, and sure enough the officer check and confirmed my suspicion. They are obviously just trying to cause me grief over this other dispute......for the 5 years they have lived there, they have do nothing but compliment the music.
I asked the officer for a copy of the ordinance which he provided...here is the part of it that effects my situation...
§ 93.11 NOISE REGULATIONS.
(A) No person shall play, use or operate any machine or device for the producing or reproducing of sound, including, but not limited to, loudspeakers, radios, CD players, television sets, musical instruments, phonographs, cassette players or any other machine designed or intended to produce or reproduce sound, nor operate any motor vehicle that contains a modified or defective exhaust system, if such machine, device or vehicle is located in or on any of the following:
(1) Any public property, including any public right-of-way, highway, building, sidewalk, public space, park or thoroughfare and the sound generated therefrom is:
(a) Clearly audible 40 feet or more from its source; and
(b) Is at a level of 90 decibels or more when measured from a distance of not less than six feet from its source.
(2) Any private property and the sound generated therefrom is:
(a) Clearly audible 40 feet or more from its source; and
(b) Is at a level of 90 decibels or more when measured from a distance of not less than six feet from said property line.
My issue is this......I KNOW they were not playing above the 90 decibels limit, but the officer said he is not required to have to measure that, and can use whatever judgment he wants......so to allow them to play he walks to the neighbors property and via cell phone tells them to tone it down to HIS liking.
What are my rights here? I have no problem buying a Decibel meter if that will help. No matter what level they play at, chances are the neighbors will complain again just to cause grief. And the officer said if they complain, he has to respond, and if he responds more than twice, he will get a Search Warrant and confiscate the equipment. That just doesnt seem right that the neighbor can shut them down like that and there is nothing we can do about it.
Thanks in advance,
Bob
My two sons both play in bands with friends, and for probably ten years now their bands have practiced in my garage......never once have we had a complaint from a neighbor. I am currently in a dispute with a neighbor over some concrete work I hired him for that went bad....going to small claims Wednesday to address that issue....and last night at 7pm the police show up at my house saying they received a complaint over the noise level of them practicing. I immediately suspecting them, and sure enough the officer check and confirmed my suspicion. They are obviously just trying to cause me grief over this other dispute......for the 5 years they have lived there, they have do nothing but compliment the music.
I asked the officer for a copy of the ordinance which he provided...here is the part of it that effects my situation...
§ 93.11 NOISE REGULATIONS.
(A) No person shall play, use or operate any machine or device for the producing or reproducing of sound, including, but not limited to, loudspeakers, radios, CD players, television sets, musical instruments, phonographs, cassette players or any other machine designed or intended to produce or reproduce sound, nor operate any motor vehicle that contains a modified or defective exhaust system, if such machine, device or vehicle is located in or on any of the following:
(1) Any public property, including any public right-of-way, highway, building, sidewalk, public space, park or thoroughfare and the sound generated therefrom is:
(a) Clearly audible 40 feet or more from its source; and
(b) Is at a level of 90 decibels or more when measured from a distance of not less than six feet from its source.
(2) Any private property and the sound generated therefrom is:
(a) Clearly audible 40 feet or more from its source; and
(b) Is at a level of 90 decibels or more when measured from a distance of not less than six feet from said property line.
My issue is this......I KNOW they were not playing above the 90 decibels limit, but the officer said he is not required to have to measure that, and can use whatever judgment he wants......so to allow them to play he walks to the neighbors property and via cell phone tells them to tone it down to HIS liking.
What are my rights here? I have no problem buying a Decibel meter if that will help. No matter what level they play at, chances are the neighbors will complain again just to cause grief. And the officer said if they complain, he has to respond, and if he responds more than twice, he will get a Search Warrant and confiscate the equipment. That just doesnt seem right that the neighbor can shut them down like that and there is nothing we can do about it.
Thanks in advance,
Bob
I think the article included talking about how moving up a 10db levels is equal to 10 times louder. So 100db is ten times louder than 90db, and so on.
