City Noise Ordinance

[wrock]

What is the name of your state (only U.S. law)? Texas

I live in Round Rock Texas. The city has a detailed noise ordinance. There is a business that is about 1/4 mile from my house that tunes up high performance motorcycles. This business is located about 200' outside the city limits and my home is in the city limit. The shop tunes up the motorcycles for hours at a time on weekends with an approximate 80dB noise level at my house. The city ordinance states 50dB max.

I have called the city and county police and sheriff for months and none of them will take action. The county claims that he is not violating county laws and the city police say that it is outside of their jurisdiction.

I have called the city numerous times and they always go out but do nothing. I have filed a public complaint with the city and they did nothing. The have recently issued a memo to their dispatchers that they will no longer send police officers to that location for noise complaints.

Is it legal for someone located outside the city limit to generate a noise that comes within the city limit and exceeds the noise ordinance.

Any legal advice regarding my rights and a course of action would be appreciated.What is the name of your state (only U.S. law)?

 

[jumac]

the city can't do a thing because their power ends at the city limits anyone doing anything outside of the city weather it be 2 yards or 200 yards dosen't have to follow any of the city rules.

As for what you can do well you said that you where told they where not breaking any county rules, have you try the city they are in? maybe they are breaking that cities rules. But that is a long shot. If they are there its because that city has that area zoned for that loud of noise.

 

[JustAPal00]

Buy thicker windows, insulate your home better, and make sure you have wall to wall carpeting!

 

[swalsh411]

They almost certainly picked that location specifically because it was outside of city limits.

 

[drewguy]

You could consider a nuisance suit, and use among your arguments that the noise created exceeds the city's noise limits at your house. You'd have to consult a lawyer to determine how viable such a lawsuit is.

You might also try to press the city to expand its city limits to incorporate the location of the shop.

I realize neither of these ideas are likely to bear fruit.

 

[Zigner]

You could consider a nuisance suit, and use among your arguments that the noise created exceeds the city's noise limits at your house.

That would be plain silly...

 

[BOR]

.

Is it legal for someone located outside the city limit to generate a noise that comes within the city limit and exceeds the noise ordinance.

Any legal advice regarding my rights and a course of action would be appreciated.What is the name of your state (only U.S. law)?

Doesn't the town where it is happening have a noise law??

The Q is not that out of a criminal law area though. Although state law criminal jurisdiction CAN probably accomplish such, I have never seen a city charter do so?

By this I mean if any element of a crime or "continuing crime" is committed in state X, and is continued or "completed" in state Y, Y will have jurisdiction even though the crime originated in X. That may sound confusing but it is basically what you are asking, but, as I said, unless YOUR Municipal Ordinances describe such, they have broken no law there.

 

[wrock]

Noise Ordinance

The offender is outside the Round Rock City limits by 200' and he is not within any other cities' limits. The only laws that apply would be county, state and federal.

There are laws for spitting on the sidewalk. I can't believe that some joker can tune up drag motorcycles in my back yard all day every Saturday and Sunday and nothing can be done.

I'm going to sell my house and move. I hope he is not running when my house is on the market.

 

[jumac]

Good luck on selling but if the shop dosn't have to stop doing what they do jsut so you can sell.

If he is not in a city but in a area run by the county or state then what ever goverment(state/county) laws/rules apply. As you said the county said hes not breaking any laws. This means that where his shop is location the noise laws alow for a higher sound lvl then what your city dose.

 

[JustAPal00]

Another option is to run for county supervisor and try to get a law passed!

 

[drewguy]

That would be plain silly...

Why? Noise can be a nuisance at common law. So the question is how much noise and establishing that this exceeds whatever level is determined to be a nuisance. One possible measure is what the incorporated area nearby has determined to be a nuisance. True, the counter is "but we're specifically not in the incorporated area" but I don't see why one of those arguments, but not the other, is "silly."

 

[swalsh411]

Why? Noise can be a nuisance at common law. So the question is how much noise and establishing that this exceeds whatever level is determined to be a nuisance. One possible measure is what the incorporated area nearby has determined to be a nuisance. True, the counter is "but we're specifically not in the incorporated area" but I don't see why one of those arguments, but not the other, is "silly."

Because the city has no jurisdiction over activity outside it's limits. I thought this was explained already. She would need to pursue a nuisance claim at the county or state level, if such a law even exists.

 

[drewguy]

Because the city has no jurisdiction over activity outside it's limits. I thought this was explained already. She would need to pursue a nuisance claim at the county or state level, if such a law even exists.

I never said a nuisance suit in some city court under city law. State common law, which is all you'd have anyway. I said to use the city's determination of what constitutes unreasonable noise as a basis for showing that the motorcycle noise is unreasonable.

 

[Zigner]

I never said a nuisance suit in some city court under city law. State common law, which is all you'd have anyway. I said to use the city's determination of what constitutes unreasonable noise as a basis for showing that the motorcycle noise is unreasonable.

And THAT is what is so silly

 

[BOR]

Because the city has no jurisdiction over activity outside it's limits. I thought this was explained already. She would need to pursue a nuisance claim at the county or state level, if such a law even exists.

If there is a state tort law on such of breach of "quiet enjoyment", etc. and no doubt there is, it can be filed anywhere in the state that the cause of action occurs or where the plaintiff or defendant resides, no doubt.

It matters not if the town in question has a noise law or not.