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No noise ordinance? Help!

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new2this05

Member
What is the name of your state? AL

We live at the end of the cul-de-sac in our subdivision. I am not exagerrating when I say that on a daily basis we have to deal with any of the following:
Shooting guns into the air and trees
Racing motorcycles and 4-wheelers around the circle in front of our house
Booming rap music with disgusting lyrics that play so loudly that my house shakes and the kids wake up. This goes on for hours on end and the neighbors next door won't stop it.

I need help desperately. My husband is out of town a lot and I fear saying too much to the neighbors because I am home alone with the kids so often and they aren't exactly kind people. What can I do? I have called the sherrifs office and it and they said that they can't do anything about the shooting because it is in the county despite being in a subdivision, they have to see the racing happen and there isn't a noise ordinance to help with the music.

I really need help. It is getting unbearable. Thank you very much.
 


S

seniorjudge

Senior Member
new2this05 said:
What is the name of your state? AL

We live at the end of the cul-de-sac in our subdivision. I am not exagerrating when I say that on a daily basis we have to deal with any of the following:
Shooting guns into the air and trees
Racing motorcycles and 4-wheelers around the circle in front of our house
Booming rap music with disgusting lyrics that play so loudly that my house shakes and the kids wake up. This goes on for hours on end and the neighbors next door won't stop it.

I need help desperately. My husband is out of town a lot and I fear saying too much to the neighbors because I am home alone with the kids so often and they aren't exactly kind people. What can I do? I have called the sherrifs office and it and they said that they can't do anything about the shooting because it is in the county despite being in a subdivision, they have to see the racing happen and there isn't a noise ordinance to help with the music.

I really need help. It is getting unbearable. Thank you very much.
Click to expand...

You could hire a lawyer to file an abatement of nuisance lawsuit. It would cost about $20K and take three or four years and I doubt that it would do much good.


The statutory definition of "nuisance" is found in Section 6-5-120, Code of Alabama, 1975, and reads as follows:

"A ‘nuisance’ is anything that works hurt, inconvenience, or damage to another. The fact that the act done may otherwise be lawful does not keep it from being a nuisance. The inconvenience complained of must not be fanciful, or such as would affect only one of a fastidious taste, but it should be such as would affect an ordinary reasonable man.&qt; See also Higgins v. Block, 213 Ala. 209, 104 So. 429 (1925).

The Supreme Court in Milton v. Maples, 235 Ala. 446, 79 So. 519 (1938), announced that the above definition is "but declaratory of the common law ..."

The term "nuisance" involves the idea of continuity or recurrence of the acts causing the injury. McCalla v. Louisville and Nashville Railroad Co., 50 So. 971 (1909).


Read the whole thing:

http://www.alalm.org/Articles/Abatement of Nuisances.html
 
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