One of the most troubling legal disputes most people encounter are problems with their neighbors. While the problems might not have great financial or legal significance, the quiet enjoyment of our homes, whether we are homeowners are renting, is a very important quality of life issue. After all, if we can’t get some peace and quiet at home, where are we going to get it?
One of the most difficult problems to deal with is the question of noise. Noise issues vary greatly, from your neighbor’s late night party, a barking dog, to the noise generated by the new highway and its traffic, to the noise of a rail road, or, heaven forbid, an airport.
On the neighborhood party level, you should always attempt to deal with the problem in a face to face discussion with your neighbor, during the day, when everyone is calm. Attempting to deal with the noise issue while the party is going on is going to be much more difficult. You will undoubtedly find that your neighbor desires to have a friendly relationship with you, and might not realize that his party, or his dog, or his car, is disturbing you. A simple, friendly conversation is usually the best approach.
However, not all neighbor disputes can so easily be resolved. If a friendly chat does not resolve the issue, the next step is to send your neighbor a letter, requesting that he stop the noise, and providing him with a copy of your town’s ordinance that he is violating. Again, he many not realize that is conduct is violating the law, or that you are serious about the issue, and a letter, with a copy of the ordinance should dispel those notions.
If the conversation does not work, and the letter does not work, the next step is to have the police issue a summons, or, if permitted in your town, to file a citizens complaint against the neighbor. In either event, your neighbor will have to appear in court and defend himself against the noise complaint. You will undoubtedly have to appear as a witness. Procedures for filing a citizen’s complaint can be found at your local police department, or your town’s prosecuting attorney’s office.
You should attempt to have the police come when the noise is occurring, so that they can witness the noise for themselves, and they too become a witness. In some towns where noise is a particular problem, the police are equipped with decibel meters, which can provide objective evidence of the level of noise.
In addition to filing a citizen’s complaint, in most jurisdictions you can bring a civil complaint against your neighbor under the applicable noise ordinance. You can, if you succeed, receive money damages from your neighbor.
You can bring the action in small claims court (see the LawHog.com guide to small claims court) and can bring the case without an attorney. You will need to prove that the noise violated the ordinance, that you neighbor is causing the noise, and that you attempted to have him stop. Notes of every time the noise problem occurred, whom you spoke to, when the police were called, and copies of all correspondence, will all be important parts of your evidence.
If you are renting, and the noise is coming from another tenant, you have the abilty to force your landlord to address the problem. Tenants have a right of quiet enjoyment under most leases, and under the common law. If you are renting, follow all of the steps above, but also have a conversation with your landlord or his rental agent, and include the landlord in all correspondence.
Taking your neighbor to court will have lasting effects on your relationship with him, so choose that course of action only as a last resort. Most disputes are resolved by simple conversation, and you may want to see if your town sponsors a mediation program for its neighbor complaints.
Below are descriptions of typical noise ordinances, with links, where applicable, to more information. You may also want to review past issues of Noise News, a publication by an organization dedicated to no noise
Noise levels in neighborhoods are governed by the town or local government. Nearly every town has a general noise ordinance, which designate "quiet hours" from 10 p.m. to 7 a.m. on weekdays, and until 9 a.m. on weekends. To determine what your town’s ordinance is, call your city hall and ask for a copy of the noise ordinance. Many towns also designate decibel levels, and restrict certain decibel levels at all hours of the day. Some towns have ordinances directed specifically at particular noises, like car horns, dogs, lawn mowers, boats, leaf blowers, and whatever other source of noise is a problem in that particular community.
Some ordinances specify a decibel level, but most describe the noise level as that which is more than “reasonable”. As visitors to LawHog.com are well aware, “reasonable”, “reasonableness” and the “reasonable man” are all concepts known in the law that are not specifically defined, which allows particular rules and laws to be flexible enough to deal with a specific situation. In this instance, a unreasonable level of noise is the level which the average person would find too loud, too long or too disturbing.
Many towns have ordinances regarding the noise generated by parties, particular towns with large college populations. Such ordinances provide for money penalties, and proscribe hours when excessive noise is not permitted. A typical ordinance prohibits noise from any party or social event that "interferes with the peace or health of members of the public or is audible through walls between units within the same building, from another property or from the street."
Restaurants and bars which are located in residential areas are also a problem, and many towns have ordinances specifically directed at the noise emanating from these businesses. A typical ordinance requires that restaurants with outdoor seating restrict amplified music to 10 decibels above background sound level in the area, , provide that music may be played only from 8 a.m. to 10 p.m., bans shops from putting speakers outside.
Some towns have ordinances banning or restricting the use of boom boxes, and car stereos, typically limiting their volume to a certain decibel level. Some towns, such as Jersey City, New Jersey, have prohibited the use of a boom box on any public street, at any level, at any time. Some towns restrict the sound levels of car stereos from being heard 75 feet away, which eliminates the need for decibel meters by law enforcement
Many sea and lake side communities have ordinances restricting the use of watercraft. Typical ordinances ban water craft will be banned from landing or launching from any beach, forcing operators to stay 150 feet from the shore in residential areas, and prohibit hours of operation.
Most towns have ordinances regarding the use of leaf blowers, which have become a major noise problem. Contact your town hall and ask for a copy of the ordinance and provide a copy to your neighbor or his contractor. Most town ordinances only permit the use of leaf blowers from April 1 and May 30 and between October 1 and November 30. Towns also limit the hours that the blowers can be used, typically banning their use before 8 am on weekdays and 9 a.m. on weekends. Some towns only regulate gas powered blowers, others include electric driven blowers.
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