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  1. #1
    Join Date
    Mar 2008
    Posts
    6

    Question Noise Complaint

    My state is Texas and Hardin County.

    I am currently rehearsing my band in a studio I built in the second floor of a barn on 3 1/2acres. (just in case your wondering, I'm 42) The land is on a highway, set back 75 or more yards from the highway. There is a trailer park about 300 feet away on the same highway. I received a complaint from someone about the music being too loud from the trailer park. This is the second time I have received a complaint in about a year. It is also the same person. The cop(very nice btw) just told us to turn it down a little. He also said he could hear it at the trailer park.

    This land is in the county not in the city limits. So, I went to the court house and found the disturbing the peace penal code. It states:

    (c) For purposes of this section:
    (1) an act is deemed to occur in a public place or near
    a private residence if it produces its offensive or proscribed
    consequences in the public place or near a private residence; and
    (2) a noise is presumed to be unreasonable if the noise
    exceeds a decibel level of 85 after the person making the noise
    receives notice from a magistrate or peace officer that the noise is
    a public nuisance.

    So, I purchased a DB meter from Radio Shack. Last night I went to the studio and turned on my P.A. as loud as I could, played some music and shut all the doors like I have done in the past. I walked 1/2 way between my studio and the trailer park and measured the niose. The results were funny. When the DB meter is facing my studio, it reads from 67DB to 74 DB. When I point it at the highway, it reads 75DB to 89DB when there is traffic. So, the highway produces more noise than my studio.

    Here is the question. The noise produced from my studio is lower than what is considered to be unreasonable. So, can I be cited for disturbing the peace? I plan on speaking with the officer next time and walking him out and showing him if he agrees. I am trying to be reasonable, and I do not play after 10:00PM, just to be nice. I did not see any information about time limits, so I would think as long as its below 85DB I'm OK.

    Hope someone can help me.If I posted in the wrong forum my apologies, and could someone direct me to the proper one.

    Thanks,

    Ron

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Noise Complaint

    Q: So, can I be cited for disturbing the peace?

    A: Yes.

  3. #3
    Join Date
    Mar 2008
    Posts
    6

    Angry Re: Noise Complaint

    "yes", thats it? So, what about my rights to operate in the guidelines of the law?

  4. #4
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Noise Complaint

    Quote Quoting rsons1965
    View Post
    "yes", thats it? So, what about my rights to operate in the guidelines of the law?
    When you go to court (assuming you are cited), you give the judge the evidence that you were not breaking the law. That's your defense.

  5. #5
    Join Date
    Mar 2008
    Posts
    6

    Default Re: Noise Complaint

    I see. Am I reading the penal code correctly about the DB level? Also, would it be better to go to the sherriffs office or court house and speak with someone before they come out or wait till they come out and give my story then? I'm trying to do the right thing.

    Thanks for the response, I often follow your replies on another forum.

  6. #6
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Noise Complaint

    I agree with SJ, that will be your defense if you are cited.

    Have you considered insulating your studio?

  7. #7
    Join Date
    Mar 2008
    Posts
    6

    Default Re: Noise Complaint

    Its an old barn(using upstairs) and I have insulated it as good as I can without gutting it. I have bass traps set up in the room and I'm going to make an outside insulated cover to cover the window facing the trailer park. The window is currently insulated, but I figured I'd go even further. Keep in mind, the trailer park is a minimum of 250-300 feet away.

  8. #8
    Join Date
    Jul 2006
    Posts
    2,652

    Default Re: Noise Complaint

    Quote Quoting rsons1965
    View Post
    I see. Am I reading the penal code correctly about the DB level? Also, would it be better to go to the sherriffs office or court house and speak with someone before they come out or wait till they come out and give my story then? I'm trying to do the right thing.

    Thanks for the response, I often follow your replies on another forum.
    Yes, you are reading it right.

    Make sure you read through the whole ordinance to make sure you are not missing anything.

  9. #9
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Noise Complaint

    Quote Quoting Happy Trails
    View Post
    Yes, you are reading it right.

    Make sure you read through the whole ordinance to make sure you are not missing anything.
    I don't think he's read the whole ordinance.

  10. #10
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Noise Complaint

    Quote Quoting rsons1965
    View Post
    Its an old barn(using upstairs) and I have insulated it as good as I can without gutting it. I have bass traps set up in the room and I'm going to make an outside insulated cover to cover the window facing the trailer park. The window is currently insulated, but I figured I'd go even further. Keep in mind, the trailer park is a minimum of 250-300 feet away.
    Are you going to make a claim that it is soundproofed?

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