Your Right to Be Loud?

I live in a rural community, that was mostly farm country until builders saw farm fields suitable for 5 acre lots and 6500 square foot homes for the commuting yuppie.

That has brought a flood of 60,000 pound cement and related dump trucks rumbling down the county road outside my window.

When one of those cement trucks hits the man hole depression, I can see the shock waves in the standing water in my kitchen sink! The county will fix that problem. They are good that way but the noise of the tundra tires rumbling on the pavement, the mechanical rattling of the diesel engines and the bark of the diesel exhaust make it impossible to heard when standing in my kitchen.

The worst form of noise pollution however, comes from the motorcycles who travel the scenic river route we live on. So, not just an occasional biker but hoards of them come through at all hours of the day and night and more so on weekends.

Most are popular domestic made V twins and while most have exhausts equipped with mufflers and baffles, about 25% of them have no silencers of any type. Worse yet, those bikers shift down into lower gears and accelerate hard, aggravating the already loud noise. When they arrive the noise explodes with a suddenness that startles anyone and anything, pets included.

I called the state police and asked if they were equipped with calibrated DB meters. They said no. I asked how they enforce the local noise abate programs. They said they don't.

I can understand that. The money makers for municipalities are speeders so understandably that's where the emphasis is. Neighbors complain too but the municipal government is too busy with other matters to worry and since none of the city council members live on the County Road, there is little incentive to take action.

I am a biker myself. I have two. I am volunteering this so that no one can accuse me of being "Anti Biker".

A 600 cc lightweight that I use for "dancing" on local mountain roads and a 1800cc V twin that I reserve for long distance Interstate travel. Neither bike is equipped with stock mufflers but the ones that are on both bikes have been tested by me and others using the same db meters employed by law enforcement staff in other communities. Furthermore, I know when to ride through neighborhoods on a trailing throttle and when it's not OK to crack the throttle some. In other words, I have respect for others.

I am at my wits end with this.

L. J.

Enforcement of local ordinances, such as a noise ordinance, depends upon whether or not law enforcement chooses to spend the time needed to follow through after receiving a complaint. If a city attorney has the gumption to pursue a valid charge of a barking dog, etc., then one has a good chance that a judge will decide the issue favorably.

I once had success in just such a case against the owner of a dog that would let the critter out at 5 A.M. to poop and pee. The dog would then stand on the front stoop and bark, until someone would get out of bed to let it back inside. The city attorney represented me before the judge, and after hearing the evidence, she gave me judgment, and told the dog's owner she did not want to hear about the barking dog in the future. That was the end of it, because it cost the owner to go to court.

But, now we have a city attorney, who just doesn't want to file and represent cases of barking dogs in the court system. He, apparently, thinks he is too important to dally with such low cases.

So, now, if an aggrieved individual is bothered by the barking of dog, a PRIVATE NUISANCE complaint can be filed directly in the court . A section in the state law permits a private party to file the complaint, thus circumventing the city attorney. Of course you will need proof of the offense, along with the identity of the offender. Suggest you peruse your state statutes to find reference to this law.

I think a right to peace and quiet trumps a right to be loud.

Hi Skeeter,

At last someone with a sence of right!!!!!!!!

Here in the UK there is a law which states that everyone has a right to peace and quiet between the hours of 23.00 to 06.00. I had the same problem as you did, I phened the police and they put a stop to it, the second time the dog kept me awake at 04.00 I called the police again, now that dog has been put down, problem solved!!!!

Spencer.

Hello Laughing Jaguar,

You don't post your location, so here in the US their rights end when they intrude on your rights as a land owner. Look under trespasses of property. They are culpable for the loss of enjoyment of your property. But the first step is notification, File a notarized affidavit of truth naming all parties. Explain what, how, etc. in declarative positive statements that can be: proven; a mater of record; or are so well know as to be undeniable. Give them 30 days to refute these statements of fact. Send them copies by registered mail and file it with the county recorders office.

Now you have something of public record in 30 days to move forward with. Bill them for Damages. That is the simple version but points you in the right direction to have a viable tort action.

This is Common Law based on the constitution. Attorneys don't like it because it takes care of business pre judicially.

If they ignore it, you win by tacit agreement. The court can only rule on issues of controversy. No controversy no ruling move strait to judgement. The only response that can counter it is another Affidavit that states truth that they did not trespass on your rights. If they notarize a lie and file it, in court prove it to be a lie. They now have no standing and lose by default (one lie and all are lies).

This is how you take care of your own business and you must do a lot of research to use this (legal disclaimer) I am not an attorney but can legally practice law per the US Supreme Court.

Brad

You have posted some excellent information, and seem well acquainted with the user friendly parts of the legal system. the problem that I see LJ having, is that the cycle riders are not stopping to give personal information that would be needed for further actions.

Although this may not help LJ, it is deserving of the coveted GA. Thanks for replying.

No but if after notification to the Sheriff's office (here) or the police in a municipality if they don't enforce the law they have stepped out side the bounds of their immunity and then can be forced to do so or face repercussions.

A point of tact: do not do this as a show of force it Will be fought all the way and incur indemnity. Instead handle it informally letting the "official" pubic servant you know how to fix the problem your self. This erodes their power base and they will respond. Just have your ducks in a row.

Document the noise issue, video and sound. Invite the "authorities" to bring out their sound meter and get a base line for the sound recording part. They will act to resolve the issue. As an officer of the court it does not look good on their performance to be not needed in an issue of enforcing the law.

Brad

"...letting the "official" pubic servant ..."

""official" pubic servant ...""

That is a sex slave, if you are wondering.

me want one......

Freudian Slip? Ok what can I say spelling is not my forte. Proof reading also?

Brad

When my first girl friend was in a sexy mood, she would wear a long sleek Freudian slip.

You just make it too easy.

All in good fun....

You have the right to be loud, but not to the point where your right to enjoy peace and quiet is compromised.

I live in a rural area well off the road (1/4 mile) and not troubled too much by noise from traffic. Some neighbors let their dogs run freely at night, although there is a leash law. One neighbor, about 1/2 mile away, had a german shepard that would come up to my house at night and bark, which in turn would cause all other dogs in the area to bark. I was able to track down the owner and informed them to keep their dog under control or I would report them. The next time, the dog appeared again at night. I called the Sherrif and told him who owned the dog. The sherrif took care of the matter right away. That didn't end it. A few nights later, the dog was back, but at the next door neighbor's house. My neighbor who gets up to go to work at 6:00 in the morning took care of it by shooting the dog and disposing of it. Where I live, we as property owners have the right to do whatever we want if an animal is on our property causing a disturbance or threatening our livestock or person. I have personally dispatched several animals that have killed some of my livestock or kept me awake at night. I hate to do it, but if the owners won't take responsibility for their animals, than I have no choice.

One other thing that drives me crazy, are the guys who have those high volume boom, boom radios in their cars. You can hear them 1/2 mile away, specifically the low frequency boom (non-directional) that penetrates into the building and masks all other sounds, like my music. Some areas have anti-boom radio ordnances, but not in mine. If you call the sherrif, by the time they respond, the car is gone. It is extremely annoying. Imagine trying to listen to a violin concerto and having an intrusive boom-boom masking your music. It's like sitting in a concert hall and having someone whistling or humming out of tune.

Ronseto wrote:"One other thing that drives me crazy, are the guys who have those high volume boom, boom radios in their cars"

That's a good point Ronseto and it damn near got people killed here a year ago.

I was waiting for a red light to change at a heavily trafficked intersection. A large van, stopped on my left blocked my view of traffic from the left. A car stopped to my right had a loud sound system that was so loud we could feel our car vibrating.

The light turned green. I and the noisy car started moving across the intersection. The van moved some too but stopped suddenly.

I was but about 5 feet advanced into the intersection when an ambulance appeared suddenly from my left and swerved to avoid me. It was only when the ambulance was directly in front of me that the siren was heard above the noise of the car next to me.

Somehow, the noisy car managed to get across the intersection and disappeared into the distance.

The trend in some clubs is no different. Unless the "music" is loud enough to cause ears to bleed, no one stops it.

Some communities have advanced noise abatement ordinances curbing the BD levels permitted in public places, restaurants and bars.

Not here. Not yet. To say that the politicians turn a "deaf ear" to the problem may be a pun but it's not funny.

L. J.