Noise Nusance - What are my rights?

[TheDragon]

I live in a nice residential rural area, but one street over are a few businesses. A motorcycle shop recently opened and has been holding band concerts. Loud punk rock music! The local noise ordinance says there is no limit on noise until 10pm. However, these concerts are interfering with the enjoyment of my property - which I bought for its peace and quiet? Do I not have any rights? Can I sue? What should I do? Thanks.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by TheDragon:
I live in a nice residential rural area, but one street over are a few businesses. A motorcycle shop recently opened and has been holding band concerts. Loud punk rock music! The local noise ordinance says there is no limit on noise until 10pm. However, these concerts are interfering with the enjoyment of my property - which I bought for its peace and quiet? Do I not have any rights? Can I sue? What should I do? Thanks.<HR></BLOCKQUOTE>

My response:

While noise can be made until 10:00 p.m., that doesn't necessarily mean that a nuisance can be caused by constant, high decibel levels, even before 10:00 p.m. Would it be legal for someone to allow a rocket engine to blast at your house, with it's noise, all because such blasting is taking place before 10:00 p.m.? I think not.

I would check with my law enforcement authority, or my Building and Safety Department to determine if there is a Municipal Code that governs noise intensity (or maximum decibel levels) at any hour of the day or night.

If there is such an ordinance, make a copy and write a nice letter to the business. If they fail, after that, then bring a lawsuit against them.

I hope this helps.

IAAL




------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[gone deaf]

Feel your pain. Been there, done that!
Lived in an agricultural zone on a horse farm. Fella across the street opened up an auto body shop, air hammers, saws cutting through metal, paint fumes wafting through my living room. The majority of the work being done was not even done inside of a building.
It was clearly illegal for this business in this particular zoning. It clearly was not a "cottage business"...
The fact that I could not safely ride my own horses, or give a riding lesson, my livlihood, and my right to enjoy my own home, was severely infringed upon made no difference to the zoning board, the bza appeal board, or the circuit court.
I gave up and moved. Still trying to sell the other farm, but nobody wants it due to the body/junk shop across the street.
Good luck....