Bass goes bump

What is the name of your state? FL

I moved into my home about a year ago. The second day there, I almost believed Florida was having an earthquake! My windows were shaking and the dishes in the sink were rattling. That was how I met my next door neighbors. I went outside to ask them to turn the bass down, to which they replied "no, it's our home/property, we can do as we please."

After a month or so, I called the cops for the first time. That day, the officer came out, spoke to my neighbors and had been gone no more than 15 minutes when it started again. I called the police again, a 2nd officer came out and finally we had peace for that evening. Over the following month, I called the police 3 seperate occasions. When the problem didn't get solve, I just started avoiding my home.

My stepson just came to live with us in August. (I have another post in family law about our custody situation). He complains when he is home about the bass, saying it gives him a headache and he can't concentrate. I completely agree with my stepson! However, I can not just leave as I used to so I now make daily trips out over to my neighbors house to ask them to turn it down, sometimes 3-4 times a day/night.

The reason I am writing is that I just received a letter from my stepson's mom saying that she's concerned about the well-being of her son since he talks about our neighbors when he sees her. My husband is hoping to file for custody soon (there is no legal custody arrangement and he has gotten in touch with a lawyer to persue legalization). We are scared out of our mind that she will hold this against us. Is there anything we can do legally about our neighbors to prevent them from playing their bass so loud?

Keep calling the police. Of course, if this is occurring during the day then there's not much they can do about it except to ask them to turn it down.

Noise that is excessive and deliberate may also be in violation of state criminal laws against disturbing the peace or disorderly conduct. This means that, in very extreme circumstances, the police can arrest your neighbor. Usually, these offenses are punishable by fines or short jail sentences.

After it continues for a period of time, you have two choices: sue in small claims court or go higher. In small claims court you can ask for money damages, to abate the problem (have it stop) you'll need to go to 'regular' court. In either, you want to sue for denial of 'quiet enjoyment' of your home. Florida allows such suits in common law.

To win, you'll need to show:

There is excessive and disturbing noise.
The person you are suing is responsible.
Your enjoyment of your home is affected.
You have asked the person to stop the noise.

What would you consider to be proof of the noise? Other than the times when my neighbors are at work (which varies) the bass is going. I am prone to migraines which is why I avoided my house. But now that I'm responsible for my stepson and his well-being (he has an inner ear problem that the bass upsets) as well as his improvement in school. I feel I need to do something - I just don't know what!!

BTW out of curiousity does your community have a ordinance that defines continuous noise with a decible number ? check on that if they do then perhaps you could locate a decible meter and start recording the number and dates and times when you have called the police . Do any of your nieghbors have the same problem ? if they too started calling the police maybe then the police will get so tired of the calls they will find a way to end the noise ?

Maybe you can call this organization in Florida and request suggestions:
http://www.lhh.org/noise/facts/complaint.htm