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.