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CLFlaw
CLFlaw, Lawyer
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We live in Granite Bay, Ca., Placer County. Our neighbors

Customer Question

We live in Granite Bay, Ca., Placer County. Our neighbor's 14 yr old son constantly rides their atv up and down their drive way which backs right up to our backyard fence, creating loud noise which is very annoying. Is this legal? What are the laws in this county with regards XXXXX XXXXX and noise? How can we get them to stop legally?
Submitted: 2 years ago.
Category: Legal
Expert:  CLFlaw replied 2 years ago.

CLFlaw :

The Placer County Noise Ordinance is found at:

CLFlaw :

If you look at the ordinance, I think you'll find that continuous noise must be measured to determine whether it is illegal, unless it's during times that are unreasonable. I hope this is of help! Good luck! Please hit Accept so that I may receive credit for my Answer. Thank you!

CLFlaw :

Please hit Accept so that I may receive credit for my Answer. Thank you!

Customer :

I had already found this, and it was very vague. I was looking for a specific answer so that we could move forward...not jut get a list of the Placer Noise Ordinance which is available online

Expert:  David C. Garner replied 2 years ago.

Hello,

 

What you are describing is basically a nuisance - an interference with your right of quiet enjoyment of your property. Depending on the severity of the intrusion, you can get a court order to stop it and/or money damages. The problem is cost. It would not be inexpensive to handle legally.

 

My suggestion is to work with them - talk with them - and see what solution you can come up with a neighbors. That is the approach with the lowest cost and highest probability of preserving the relationship.

 

I hope this helps.

 

DCG

Expert:  CLFlaw replied 2 years ago.
Thank you for your follow-up, Customer. The answer to your questions are in my response to you, above. "Is it legal" - as I noted, that depends on the decibel level of the noise - and that must be measured to be determined (see the ordinance at 9.36.040), or, if the noise is during unreasonable times. As my colleague noted above, if you haven't already tried talking with them, that might be an inexpensive way of handling the problem - they may be willing to curtail their ATV use. If you don't feel that you'd be successful in that, you can contact your local authorities (Police, sheriff - whomever has jurisdiction in Placer) and they generally will do a drive-by to determine if they believe the noise is excessive. If your request to them to not have the child running the ATV up and down the driveway fails, and if the police contact fails to curtail them, you'll need to file a civil suit claiming nuisance (as my colleague noted above) and present evidence that the noise is excessive or at unreasonable hours. You asked what are the laws regarding noise in Placer, so I posted them for you in my response above. Good luck!

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