What is the way to handle noisy neighbors? I live in a residential neighborhood (not an apartment complex). The house next door has been rented out. The people who live there apparently like rap music and like it extremely loud. The noise vibrates the windows and doors of my house. They also use a speed ball/boxing in the garage that is very loud. They have motorcycles with loud engines they are always working on and crank the engine all hours of the night. The noise nuisance is all hours of the dy and night. I have reported this to the HOA and called the sheriff's office. The sheriff came out but was just laughing with the neighbor causing the noise. So nothing has been resolved...how can this be peacefully resolved?
If you have a neighbor who is making excessive noise, i.e. music, barking dog, yelling, or other disturbances that would fall under this section, you should call the Constable or Sheriff’s Department and advise them. The normal procedure is for law enforcement to make contact with the person or persons making or allowing the loud noise and advises them to stop. Then, if they refuse and continue to create a disturbance, a citation (ticket) is issued and they will be given a court date to appear before a Justice of the Peace Court judge to answer the charges. In most cases when law enforcement contacts the perpetrator, it is settled and the loud noise is stopped. In some cases, law enforcement is called out more than twice in which case a citation is almost certain. One of the major problems for law enforcement is when they arrive; the loud noise has already stopped and can’t be witnessed by the officer. Only a warning can be given. When that is the case, it usually requires an extra patrol in the area to see if the disturbance reoccurs.
Regular polite respectful patient contact, by phone calls or in person visits, with the local deputies office or the deputy constables may succeed in getting this the attention it deserves.
In the facts above, it is not clear whether the deputy got to observe the noise first hand or whether the deputy was giving the person(s) their first warning before more law enforcement raises its enforcement action about this situation.
Texas Penal Code Chapter 42, Section 42.01 deals with disorderly conduct, loud music or noise. It basically states that a person commits an offense if he intentionally or knowingly makes unreasonable noise in a public place other than a sports event, or in or near a private residence. A noise is presumed to be unreasonable if the noise exceeds a decibel level of 85 after the person making the noise receives notice from a judge or peace officer that the noise is a public nuisance. An offense under this section is a Class C misdemeanor.
But notice, to get counsel for your specific situation you will get more benefit from your own lawyer as it is difficult to glean anything correctly on line with a few facts from strangers.
Note also, I am not yet agreeing to be your lawyer going forward on this matter and am making assumptions here. I am easy enough to find for consultation or referral. I want you to get counsel from the best attorney you can get.
The foregoing comments are provided for informational purposes only, and without a fee agreement and fees paid there is no attorney-client relationship being made and no legal services will be provided now or later.
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