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Need options on township with no sound ordinance and neighbor with very loud stereo

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I'd like some advice on this please. I live in a VERY RURAL township in SW Michigan. (Van Buren Co.) Our township has NO sound ordinance at all. Years ago the corner bar started putting outdoor stadium size speakers on and blasting karaoke. The owner informed me they were going to do this every weekend all summer. I walked around town and got a dozen home owners to come with me to the town board meeting and suggest they could write an ordinance any way they like. I suggested they simply say no outdoor speakers without a permit which would give them control over when, how long, how loud etc. BUT they voted it down. Bar burned down so end of problem.

UNTIL.....
My neighbor to the south of me decided to put outside a HUGE speaker and they BLAST their awful music starting in mid afternoon until 9 or so at night. I cannot get away from it. We have two houses side by side and inside the furthest one from them with the door and windows shut I still can't get away from it. Knowing there is no sound ordinance, fight fire with fire. I happen to have a pretty big and loud speaker I use to practice my drums with. (During the day when none of my neighbors are home.) I dragged that outside, put Wagner on full blast and left it on a loop. BUT my speaker, loud though it may be is totally drowned out by theirs so makes little difference. I left it on for several hours even after theirs stopped and thought I made my point, that was over a month ago.
UNTIL Last Sunday they did it again. This time I decided to leave mine on ALL NIGHT. They have kids, maybe if their kids are kept up they would get it? It's only fair, a beautiful evening I would have loved to build a fire and sit outside but could not. SO I'll keep them up all night until it sinks in. BUT my neighbor on the other side of me, who happens to be a friend of mine, complained that MY speaker was keeping HIS kids up. So by 10pm I turned it off.
So again I emailed the board super to pass some kind of ordinance and again they say no, "too hard to enforce."

I'm going to the board meeting tomorrow night and revisit the idea of some kind of ordinance. They have a few different board members from the last time I tried this, so maybe I can try again with fresh ears. Make it simple, applies to outdoor amplifiers or very loud stereos only. I don't expect everyone with a lawn mower to worry, this is specific. I would even be ok with certain days being exept, say the 4th of July which is always a loud holiday anyway, go ahead. Just not any and every weekend any time they want. And to word it in a way that kinda gives discretion to law enforcement. With a rather open guideline of this, if you made a phone call with this noise right next door could you or the party on the other end hear each other? If not, it's too loud. Too vague?

I tried to find other similar ordinances but not being a lawyer, not sure how to look up something this specific I'm not finding much help. Seems my ONLY recourse is fight fire with fire even if my friend hates me for it and the rest of the town has to suffer all night. I really don't want to do that.


More....
Before you say talk to them WE HAVE!!!!!!!!!!!!! Many times both me and my husband tried. They seem so nice when we speak but then go right on doing what ever anyway.
FYI they also have chickens who kept wandering onto my property. I had a macaw and explained to them poultry can carry a few diseases that is real bad for parrots. The covid of the bird world and please contain your chickens. But nope.... even though they say ok sure we will, the next day they are around his cage again. I had to dig but it turned out we DO have an ordinance about that. Chickens are considered farm animals and as such must stay on the owners property. Once I pointed that fact out to our local cop HE printed out all the relevant paperwork and paid them a visit. ONE warning is all it took and chickens haven't been back again. (Meanwhile my macaw I had since the 70s, died last Thanks Giving. Roughly one year after chickens started appearing here. Don't know if that was the cause or not, just saying. He should have had another 20 years of life.)

So I think it may only take one visit from a cop to say you can't play music outside that loud for this to stop. Clearly talking with these people is useless.

Last point, they had music on all day this day BUT in the form of a smaller radio, behind their house (not right ON the property line) and I have no problem with hearing other peoples noises. It's when it's so loud I can't hear anything else that drives me insane. ESPECIALLY RAP they just started playing. And they have kids and are blasting M Fer F this F that every other line. It's beyond disgusting.


Lastly, there is no, and likely will be no sound ordinance from this board. Without one, do I have any legal recourse to sue them in small claims? They certainly are infringing on my right to live in peace on my own property. Or does the fact there is no ordinance in place mean there is nothing I could do in court?

Any suggestions are most welcome.

oh.... though my phone doesn't capture nearly the volume, I took a short video to send to the board super. Here.
http://artmakersworlds.com/testing/LOUDneighbors.MOV
 


not2cleverRed

Obvious Observer
I was going to suggest starting a rooster sanctuary, but as chicken keepers they might appreciate that.

(There's always roosters needing homes, and if you know what you're doing, bachelor flocks aren't aggressive. Just vocal.)

You can mitigate the problem as best you can with insulation and a green barrier. Or install a noise reduction fence. If you've got wads of cash you can try building a brick wall.

You can continue to try and change the local laws.

However, fighting sound with sound is a losing battle.
 
Lol after my parrot passed I actually considered getting chickens, mainly for the eggs. But na.
They have a rooster, yes vocal, all hours, but again I don't mind. It's the giant very loud stereo I have issues with. Everything else I can deal with.

I'm thinking court, there has got to be some kind of law protecting all home owners from this sort of thing ordinance or not. But I'll wait to hear back from someone in the know.

BTW... if you looked at my video, THEY put up that fence with the cloth screen on it, and I planted those tall bushes many years ago. That's about as much sound proofing as will be possible. NO WHERE NEAR ENOUGH to counter their very insanely loud system.
 
Ohhhh DING DING we have a winner. Lookie what I found. MIND YOU ALL this page says for Detroit, but I will look into this further first thing in the morning, see if some basic rule applies to the whole state. This looks promising though.
copy;
Sec. 36-1-2. - Restrictions on outdoor speakers.



It is unlawful to maintain or operate an outdoor speaker that is affixed to any structure or placed upon any property where:
(1)

The speaker is audible for a distance of more than fifty (50) feet from the source; or

(2)

The speaker is two hundred fifty (250) feet or closer to a location that is zoned or developed for residential use. This restriction shall not apply to intercommunication systems that are utilized from 9:00 a.m. to 6:00 p.m. for the sole purpose of conducting the internal business affairs of the establishment. Further, this provision does not prohibit use of an outdoor speaker where the buildings and safety engineering department, or the board of zoning appeals approves a temporary permit of thirty (30) days or less for religious services, or for a fair, bazaar, festival, carnival or similar use.



(Ord. No. 8-01, § 1, 7-25-01)

So there we have it. CERTAINLY this has been audible for a distance of more than 50 feet from the source. I will take this to the town board meeting, then will look into what I have to do to take these fools to court. THANKS SO MUCH.
 

stealth2

Under the Radar Member
Ohhhh DING DING we have a winner. Lookie what I found. MIND YOU ALL this page says for Detroit, but I will look into this further first thing in the morning, see if some basic rule applies to the whole state. This looks promising though.
copy;
Sec. 36-1-2. - Restrictions on outdoor speakers.



It is unlawful to maintain or operate an outdoor speaker that is affixed to any structure or placed upon any property where:
(1)

The speaker is audible for a distance of more than fifty (50) feet from the source; or

(2)

The speaker is two hundred fifty (250) feet or closer to a location that is zoned or developed for residential use. This restriction shall not apply to intercommunication systems that are utilized from 9:00 a.m. to 6:00 p.m. for the sole purpose of conducting the internal business affairs of the establishment. Further, this provision does not prohibit use of an outdoor speaker where the buildings and safety engineering department, or the board of zoning appeals approves a temporary permit of thirty (30) days or less for religious services, or for a fair, bazaar, festival, carnival or similar use.



(Ord. No. 8-01, § 1, 7-25-01)

So there we have it. CERTAINLY this has been audible for a distance of more than 50 feet from the source. I will take this to the town board meeting, then will look into what I have to do to take these fools to court. THANKS SO MUCH.
So, you couldn’t have just done the research in the first place? DING DONG is right…
 
Still researching. Please keep in mind, I'm an artist not a lawyer. My town board keeps telling me we have no sound ordinance and won't be enacting any so nothing I can do. The cop in town says the same, we have no sound ordinance. I haven't seen an actual lawyer chime in here yet. All I found was a web page that says "Michigan law" so I have to find out of townships have to follow state law regardless of their own ordinances or not. I think a call to some politicians office might be next, see if I can't get a page or print out of actual state rules and hand that to the town board. Next may be filing in small claims against my neighbor, which may have to wait till next time they do this and I record the entire time its on. Still I don't even KNOW what kind of lawyer to call, there are so many titles and not one will say noise, so I guess I got as much as I will from this forum, it's a start though.
 

Zigner

Senior Member, Non-Attorney
Still researching. Please keep in mind, I'm an artist not a lawyer. My town board keeps telling me we have no sound ordinance and won't be enacting any so nothing I can do. The cop in town says the same, we have no sound ordinance. I haven't seen an actual lawyer chime in here yet. All I found was a web page that says "Michigan law" so I have to find out of townships have to follow state law regardless of their own ordinances or not. I think a call to some politicians office might be next, see if I can't get a page or print out of actual state rules and hand that to the town board. Next may be filing in small claims against my neighbor, which may have to wait till next time they do this and I record the entire time its on. Still I don't even KNOW what kind of lawyer to call, there are so many titles and not one will say noise, so I guess I got as much as I will from this forum, it's a start though.
I'm not seeing anything in the actual Michigan state law that places restrictions on noise for the situation that you describe. I do see references to local municipalities being allowed to establish their own ordinances (which yours appears to have not done).

EDIT: In fact, the second sentence in the (very vague) article that you linked to states: "These laws very across different jurisdictions within the state..." and " It is recommended for residents and businesses to consult their local government's official website or contact authorities directly for detailed information on applicable noise restrictions..." In other words, it doesn't seem to be regulated at the state level.
 

adjusterjack

Senior Member
My town board keeps telling me we have no sound ordinance
They appear to be lying to you if you are in Bangor Township in Van Buren County.

Bangor Township certainly does have a noise ordinance. See Ordinance 04.

Ordinances | Van Buren County, MI (vanburencountymi.gov)

"Breach of the Peace: No person shall make or assist in making any noise, disturbance, trouble or improper diversion, by which the peace and good order of the Township of Bangor are disturbed."

$500 fine or 90 days in county lockup, or both.

I don't even KNOW what kind of lawyer to call
I told you already. It's a private nuisance. Read the statute:

Michigan Legislature - Section 600.2940

It does not appear to be something that you can do in small claims court because you are seeking injunctive relief without any monetary damages.

There are lots of lawyers in Van Buren County.

Van Buren County Lawyers - Compare Top Attorneys in Van Buren County, Michigan - Justia

Going down the list of practice areas I would say that the following areas could apply:

Business law
Consumer law
Real Estate law
Landlord tenant
Municipal law

Any one of those could be stretched a bit to include private nuisance lawsuits since any one lawyer could probably be doing all of those.

Call up one or more and say "I want to file a private nuisance lawsuit. How much do you want for a retainer?"

Then be prepared to write a check.
 

Zigner

Senior Member, Non-Attorney
They appear to be lying to you if you are in Bangor Township in Van Buren County.

Bangor Township certainly does have a noise ordinance. See Ordinance 04.

Ordinances | Van Buren County, MI (vanburencountymi.gov)

"Breach of the Peace: No person shall make or assist in making any noise, disturbance, trouble or improper diversion, by which the peace and good order of the Township of Bangor are disturbed."
As written, that ordinance is so vague as to be unenforceable. In any case, the OP is claiming that the noise occurs within the allowable hours for such noise.

$500 fine or 90 days in county lockup, or both.
Maximums.
 
Well judging from the glazed over eyes when I spoke at the meeting, they have no plans to do squat. "Too hard to enforce." Wish I would think faster on my feet but "enforcement" is NOT done by the board, local cop was standing right there. I explained that I tried to fight a sound war, that my big speaker pumps out 1000 watts which figures to be about 130 DB about the same as a jack hammer, and that was DROWNED OUT by their music. Way too loud.
I brought up several communities in Michigan with ordinances, most say 55db up to 70 db during the day is the limit. I pointed out one even had wording to the effect "speaker cannot be heard more than 50 feet away from the source." I said you can word this any way you want but something needs to be done here. I asked our officer if they even have measuring devices, he said no BUT.... he passed me before leaving and said he was going to look into a few things and would get back to me. We really do have good cops around here, they would love to help but they can't enforce a law that doesn't exist.
I also looked up meters, they are fairly cheap at an average of 29 bucks.
One other guy who came to the meeting supported me. (That's a first.) He said he called the sheriff when people were making noise at 2am. This man was old, overweight, with a walker, and said the sheriff told HIM to go speak to the people about the noise. He said no way at 2am I'm going to ask a bunch of loud people to be quiet. I would agree. But we need something to "enforce." I sure hope this worthless board changes their mind. But I hold out little to no hope on that.

I was suppose to get a call back from a lawyer who might be able to help. Almost 4 now and nothing. My thinking, and I told the board this, since I had problems with these same people over their chickens coming over here UNTIL I looked it up and there actually is an ordinance about that. Our cop paid them ONE visit with a warning and the problem stopped. I'm sure the same would apply to their loud music. One visit might do the job.
Meanwhile I only recorded seconds of it last Sun. The next time.... (And I'm sure there will be one.) I will record the entire time it's on, and will bring out my big boom box and record how my 130 DB speaker is totally drowned out by theirs. Then I take them to small claims.
BUT.... MAYBE a nicely legal looking stern letter from a law office would also be enough. But again I need to collect more evidence which means this all has to wait for their next party.
 

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