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  1. #1
    Join Date
    Oct 2011
    Posts
    3

    Default Crazy Neighbor is Filing a Complaint Against Us in Court

    My neighbor has continually called the police to complain about our 'loud' music. We've lived in our house for 3 years and the police have been to the house about 15 times for noise complaints. All the calls have be 'unfouded' calls and the officers have said 'In no way in this music unreasonably loud'. They also called once for a fire we were having - we are allowed to have fires in our town in a fire pit. And they called to report an abandoned vehicle on her lawn - our car was parked on the street and was slightly on her grass.

    This neighbor went to the town yesterday to state that she wants to file a formal complaint because the police are not doing their job because the music is continuing. The officer said that in the 11 years he's worked there, this has never been approved before, but now it has. The officer came to serve us our appearance ticket and we're due in court next month.

    So my question is
    1 - Is this something we should get a lawyer for? I know it's just a violation ticket, but in now way do I want her to get her way
    2 - Can we file harassment charges yet? Or would she have to be making threats against us for that? She has been known to yell profanities out the window to us.

    Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Crazy Neighbor is Filing a Complaint Against Us in Court

    What state are you in? And what is the code section that has been cited? (If it is an ordinance, please indicate the city or county you reside in so that we can look up the section.)
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Oct 2011
    Posts
    3

    Default Re: Crazy Neighbor is Filing a Complaint Against Us in Court

    Sorry, I'm in Hamburg, NY...erie county. I'm not sure what code section it wode be in. I believe it's called a Noise Ordinance.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Crazy Neighbor is Filing a Complaint Against Us in Court

    Quote Quoting lizyc1019
    View Post
    Sorry, I'm in Hamburg, NY...erie county. I'm not sure what code section it wode be in. I believe it's called a Noise Ordinance.
    The code section should be on the citation. The reason is that the section contains the elements the state must show.

    Understand that what constitutes loud and unreasonable noise is subjective and can vary by person. Whether the court finds the noise to be loud and unreasonable will depend on the nature of the noise, the frequency, the time of day or night, etc. All because the police might not think it unreasonable does not mean that it is. The police do not live next door to the noise, the neighbor does. Perhaps he is the type of person that hates any sort of commotion - or dislikes your choice of music. Or, perhaps it IS too loud to deal with for hours on end. We don't know.

    It looks like this could be 175-2.C regarding "Loud Noise" .... "In particular, without excluding other types of prohibited sounds by failure to enumerate them, all sleep-disturbing noises are prohibited. Sleep-disturbing noises shall mean any unnecessary and unreasonably loud or disturbing sounds occurring during the hours between 11:00 p.m. and 7:00 a.m. and unreasonably interfering with the sleep, comfort, health and repose of any individual within hearing thereof or in the vicinity."

    If your music is being played between 11 PM and 7 AM I'd say that the burden may shift to you somewhat to show that your music was not loud enough to disturb anyone. But, as this can be subjective and if the neighbor argues that he cannot sleep or rest because of the noise, you may lose.

    Tough to say. And you might want to consider consulting an attorney, just in case.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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