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Noise Ordinance - What are my rights?

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Zigner

Senior Member, Non-Attorney
You COULD improve the soundproofing of the garage, or rent a location for them to play. You're not going to win this one.

But, you've been told all this before and it's not what you want to hear. So, post exactly the answer you want, and I'll cut/paste it back to you.
 


EbayBob

Member
You COULD improve the soundproofing of the garage, or rent a location for them to play. You're not going to win this one.

But, you've been told all this before and it's not what you want to hear. So, post exactly the answer you want, and I'll cut/paste it back to you.

Not to be rude, but I'm just trying to understand all my options, and you already shared those two before, so what benefit is it to just repeat yourself. If you have nothing more of substance to contribute, just move on.
 

Zigner

Senior Member, Non-Attorney
Not to be rude, but I'm just trying to understand all my options, and you already shared those two before, so what benefit is it to just repeat yourself. If you have nothing more of substance to contribute, just move on.

Please tell us what you WANT to hear...then I can post something that you FEEL is of "more substance". :rolleyes:
 

EbayBob

Member
Please tell us what you WANT to hear...then I can post something that you FEEL is of "more substance". :rolleyes:

Is what the neighbor doing considered harassment(at this point, or any point if it continues), that constitutes me taking any legal action against them? Does anyone know of police procedures for this type of instance, and what I can do to maintain my legal right within the ordinance to continue to play, and not continually have to deal with cops stopping bye all the time.

Maybe I should just be concerned about keeping within the ordinance, and just let the cops deal with the neighbor complaints....but after what the first cop said, their approach seems to come down on us because it's easier, than dealing with the complaints.

So to answer your question Zigner...I'm just looking for what my options are, and you are right that I could rent another place, soundproof the room, maybe move to the country, or just have them stop playing completely. I just have a problem being forced to do something I shouldnt have to as long as I am operating under the law.
 

Zigner

Senior Member, Non-Attorney
Not getting the answers you want to hear? Please type your desired answer and I'll reply with that answer.
 

kenny j

Junior Member
My 2 cents

Is what the neighbor doing considered harassment(at this point, or any point if it continues), that constitutes me taking any legal action against them? Does anyone know of police procedures for this type of instance, and what I can do to maintain my legal right within the ordinance to continue to play...

Hi Bob, sorry to hear of your plight. I have had some experience with neighbor issues, several involving police. First, you should educate yourself on local laws regarding harassment. Look up your county laws online if you can. Or go to the police station and chat informally with an officer. If you are not comfortable with how much you can learn on your own, get a free initial consult with an attorney. The key information you need here is:

1)What is the exact process that one should take to initiate a harassment complaint?
2)How much documentation is needed to prevail in a proceeding?

Next, I would definitely get a dB meter immediately, and start documenting sound levels. Use a video recorder set at 19' from your property line (assuming the worst case scenario). Use a tripod if you have one and visually record the meter while capturing the sound of the band. Have the date/time stamp on the video. Try to do it without the complaining neighbor seeing you doing it. Do it often, at random times, for random lengths of time. Create a video library of numerous recorded snapshots of your measured noise levels. Maybe you'll get lucky and the next time the police come you'll have already recorded a snapshot a few minutes prior. If not, let the band play on and take the cop to your spot with the ordinance in hand.

Once he sees that you know the law and you establish with him that you are not breaking it, tell him you want to file an official written police incident report against the neighbor for harassment. You've described at least two visits from the police already - a third is more than enough to warrant this action on your part. Tell the cop you want him to notify the neighbor that he has properly evaluated the legitimacy of the complaint, that it has no merit, and that he is now the subject of a complaint from you for harassment. You will have to provide some information for the written report, perhaps even make a written statement. Insist that an official written report be filed. Police will sometimes try to talk you into allowing just a verbal warning so they don't have to do the paperwork. What you need is to establish a paper trail. One incident report may be enough to shut him up. If not, wait for the police to come back next time and do it again. Be sure to get the cops to say in writing in the reports that they agree you are not breaking the law.

The incident reports themselves likely will not cause any legal penalties to be imposed upon him, and just end up getting filed if not needed for further action. But if he keeps it up, you may need to sue him again, this time for harassment. I would feel very comfortable about prevailing in a lawsuit of this nature if I have 3 written police complaints, and a lengthy video of numerous snapshots over numerous days indicating compliance with the law.

If you are indeed not breaking the law here, you have every right and should have every expectation that you WILL "win this one".

Good luck, Ken
 
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