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MDLawyer
MDLawyer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 6133
Experience:  10 years in legal practice. Over 5 years in advising clients on landlord/tenant issues, including on a pro bono basis.
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Is my neighbor allowed by law to play s drums in s residence

Customer Question

is my neighbor allowed by law to play his drums in his residence repetitively every day for 2-3 hours a day ? the volume that he plays at is loud enough to be audible in every room of my house even with every window and door closed ?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 1 year ago.

Hello and thank you for using the JA website. I look forward to assisting you.

First, in what city and state are you located?

Second, what happened when you called the police?

Lastly, during what times is he playing the drums?

Customer: replied 1 year ago.
Simi Valley, Ca.ploice came out on 3 occasions and although they agreed the drumming/music could be heard in every room internally inside my house and I was unable to clearly hear my own music over the existing drumming in my backyard, they came to the conclusion the neighbor was not doing it to intentionally irritate me and nothing could be done? I didn't agree with that as isn't there laws regarding a persons right to enjoy the peace and tranquility of ones home?
Customer: replied 1 year ago.
the drumming is never done after 7pm but is constant sometimes for over 4-5 hours a day. this individual that is drumming is collecting disability and does not work so he is home basically all day long
Expert:  MDLawyer replied 1 year ago.

Thank you for the additional information.

Do you live in a house or an apartment complex?

Customer: replied 1 year ago.
a house
Expert:  MDLawyer replied 1 year ago.

Thank you. Unfortunately, if the drumming is done during the day, there is no express law prohibiting it. However, Chapter 16 of the Simi Valley does contain the following provision under Section 5-16.02 which states the following:

"

The following acts are hereby expressly declared to be nuisances, and any person maintaining or permitting such nuisances, or any of them, to be maintained or to exist in or on his premises, whether as owner, lessee, or otherwise, shall be deemed guilty of a misdemeanor for each day during which such nuisance shall be permitted to be continued:

(a)

Other unlawful noises. In addition to conduct which is unlawful pursuant to other subsections of this section, the willful making or continuation of, or causing the making or continuation of, any loud, unnecessary or unusual noise (other than constitutionally protected expressive activity) which disturbs the peace or quiet, or which causes discomfort or annoyance to a reasonable person of normal sensitiveness in an adjacent residence or business affected by the noise;"

The above does say that it is a criminal misdemeanor but, unfortunately, it would be up to the police to enforce that law. If you call them again, you may want to cite that law to them and they may then ultimately give him a citation. Generally speaking though, it is only when there is an express violation or noise late at night that the police get involved. Other than that, your other option is to speak to your neighbor politely about it.

Please let me know if this has answered your question. If it has, please be so kind as to leave me a positive rating as that is the only way that we experts get credited for the time spent assisting you since we are not employees of Just Answer. If, however, you need additional information, please simply reply back to me and we can continue our conversation until you have had your question fully answered.

Thank you in advance!

Customer: replied 1 year ago.
regardless of my family being unable to escape such noise by retreating to the interior of my home, my neighbor has the right to continually disturb and annoy me internally inside my home with his playing? I have reached out to him about coming up with a middle ground so he could perhaps play while my wife and I are working. This individual does not work and is currently collecting social security disability and has ample opportunity to play when we are at work, but chooses to play whenever he feels like it..
Expert:  MDLawyer replied 1 year ago.

Unfortunately, noise regulations don't usually start until the evening hours and so that is why the misdemeanor that I cited in my initial answer is the only legal option you have. You just need to get the police to enforce it.

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  MDLawyer replied 1 year ago.

Because of the rules of professional ethics that cover attorneys in almost every state, I cannot engage in a phone call since we do not have an attorney-client relationship but I would be happy to answer any follow-up questions you have on here.

Customer: replied 1 year ago.
what does the decibel level of noise pollution have to be before it becomes offensive?
Expert:  MDLawyer replied 1 year ago.

Sorry I could not answer earlier. We had a tornado watch that turned into a warning earlier. The statutes covering the type of noise you are referencing do not contain a decibel level as part of the statute.

Expert:  MDLawyer replied 1 year ago.

Have I answered your question or do you need additional information?