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noise petition ignored by town

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js44_44

Junior Member
What is the name of your state?What is the name of your state? Missouri

Ok, I have a problem and I was hoping somebody on here can give me some type of solution. It's has a pretty lengthy explanation, but bear with me as I am trying to get all the facts out.

About a year and a half ago, a couple of buddies and I started a band and held practices at a building owned by one of the band members. We practiced a couple of times a week for a few hours each time. About a week after we started playing, we received a complaint from one person who lives near the building about the music level being too loud. We didn't like it, but we turned our amplifiers down and continued to play.

Everytime after that for about two months we received complaints from the same person about the noise level. We tried talking to him, but he did not want to. Finally, we asked the cops, who were tired of the man complaining to them, what we could do, because he is the only person in the neighborhood who has a problem with it. They told us to make up a petition and have everyone in the neighborhood sign it, which we did. The petition stated that we would only play in between the hours of 12pm and 7pm, with our amps fixed at a reasonable level. The petition was then sent to the city council, where it was approved.

After we did this, the next time we practiced, the cops came by asking us to turn it down again. We told them about the petition, and they said they knew about it, but still insisted that we turn the amps down. We said we didn't have to, and the cops somewhat agreed, then grumbled about how they were just "doing their job."

These complaints have continued for over a year now, and it is like our petition never existed. The cops still come by to let us know that there were complaints, and now even town council members are getting calls at their houses about the noise. The council members now are trying to restrict the playing time that they gave us a year ago.

Is there any legal course of action that we can take against the city and/or the person who continually harrasses us with complaints? Thanks
 


Shay-Pari'e

Senior Member
(QUOTE)Is there any legal course of action that we can take against the city and/or the person who continually harrasses us with complaints? Thanks(QUOTE)

No, you can't.You are producing the loud noise. You should find a storage shed or something, to practice.

Do you honestly think the world revolves around you? You are annoying home owners in your area.
 

js44_44

Junior Member
No, I do not think the world revolves around me. I do think that a petition that has been passed by the town council should be upheld. If they didn't want us playing, they should not have passed the petition. That's how I look at it, anyway
 

Veronica1228

Senior Member
js44_44 said:
No, I do not think the world revolves around me. I do think that a petition that has been passed by the town council should be upheld. If they didn't want us playing, they should not have passed the petition. That's how I look at it, anyway
I suggest you cough up some cash and have your practice space sound proofed.
 

js44_44

Junior Member
So what you are saying is that, even though everyone within two blocks of the building save for this one person is ok with us playing, and the town council is ok with us playing, that this one person who doesn't like it should be held above all those other people and he should be made happy? I don't buy it. I don't think that the burden falls on us to right the situation. We did what we were told we should do:get a petition. Now it should be the town who tells this guy to stop complaining and leave us alone, but they aren't. I do not think it falls on us to "play somewhere else" or "soundproof our building."
 

Veronica1228

Senior Member
js44_44 said:
So what you are saying is that, even though everyone within two blocks of the building save for this one person is ok with us playing, and the town council is ok with us playing, that this one person who doesn't like it should be held above all those other people and he should be made happy? I don't buy it. I don't think that the burden falls on us to right the situation. We did what we were told we should do:get a petition. Now it should be the town who tells this guy to stop complaining and leave us alone, but they aren't. I do not think it falls on us to "play somewhere else" or "soundproof our building."
Look, I sympathize with you. I used to play bass and sing in a band, so I know why you feel so strongly about his. However, you have to remember that this one person is a home owner. They pay taxes and probably a mortgage and they want to live in peace. I don't think it is unreasonable for you to soundproof your building.

I understand your argument, but you can't win a case here in this forum. Take you case back to the town council and try to get the complainer to show up. You have no other legal recourse as far as I can see.
 
listen up

I live 3 houses away from someone who has a band and they practice every damm night. I am on the side of the person who is complaining. imagine if you lived by someone who played music real loud that you detested and this went on every day for hours on end. a person has a right to quiet enjoyment and peace in their own home. no one should be held hostage by a loud band and it may not be loud to you but it may be loud to others. some people may have health issues that make it hard to listen. I tend to have migraines and when I have one even if someone talks quietly near me it can cause shooting pain in my head now imagine having a migraine and some band is rehearsing near you.
either find a place in the sticks where you can rehearse or soundproof the place where you practice. believe it or not unhappy neighbors can make life miserable for you they can even get other neighbors to side with him.
 

js44_44

Junior Member
Apparrently, nobody is reading the entire first post. All of the other neighbors side with US. We do not play insanely loud, and we only practice about four hours a week, and it is usually all on one day, during the daytime(like 1pm to 5pm). We have a petition that was passed by the city council that says we can play without being disturbed. I'm not asking people on here to tell me to soundproof the building or any of that other crap, I want to know what I can do legally about the city and the one person who refuses to abide by the petition.
 

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