Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal

What does Georgia law say about disturbing the peace with a

Customer Question
loud car? My neighbor's car is...
What does Georgia law say about disturbing the peace with a loud car?
My neighbor's car is very annoying anywhere in our house, even when it is idling, but he revs it up very often. I have much video and audio and so far have not been able to get the local Sheriff's office to do anything.

Can you cite the pertinent law?

Thanks.
Submitted: 7 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
7/1/2010
Lawyer: Dimitry K., Esq., Attorney replied 7 years ago
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
Thank you for your question. What city specifically do you reside in, as noise ordinances are usually municipal codes and are not state set.
Ask Your Own Legal Question
Customer reply replied 7 years ago
I am not in the city limits. This is a small, one-street subdivision with about 50 houses. Mail address is Resaca, GA. Gordon County seat is Calhoun.
Lawyer: Dimitry K., Esq., Attorney replied 7 years ago
Thank you for your question.

I have review both Calhoun and Gordon County codes and there is no mention of a noise statute--about the closes that Gordon County comes to a noise violation is that the County forbids parties to put up signs that make noise, even if the noise is unintelligible.

I will provide you with the link above for the municipal code, so you can review it for yourself.

http://www.municode.com/Library/clientCodePage.aspx?clientID=5357

The closest city that does have a noise ordinance is Atlana, which I have provided to you below:

Sec. 74-133. Excessive noise.

It shall be unlawful for any person to make, continue or cause to be made or continued any loud or excessive noise which unreasonably interferes with the comfort, response, health and safety of others within the jurisdiction of the city.

(Code 1977, § 17-3102)

Sec. 74-134. Specific prohibitions.

In addition to the general prohibition set out in section 74-133, the following specific acts are declared to be in violation of this article:

(1) Horns, signaling devices. The sounding of any horn or signaling device of a motor vehicle on any street or public place within the jurisdiction of the city continuously or intermittently for a period in excess of 60 seconds, except as a danger or emergency warning.

(2) Radios, televisions, musical instruments and similar devices.

a. The operation or playing of any radio, musical instrument or similar device which produces sound on the public right-of-way in such a manner as to be plainly audible to any person other than the player or operator of the device.

b. The operating or playing of any radio, television, phonograph, musical instrument or similar device which produces or reproduces sound in a manner as to be plainly audible at a distance of 15 meters (50 feet) to any person in a commercial, industrial, residential or noise-sensitive area, multifamily dwelling, motor vehicle or public space.

(3) Loudspeakers and sound amplifiers. The use or operation of any loudspeaker system, sound amplifier or other similar device between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends and holidays, within or adjacent to residential or noise-sensitive areas, public rights-of-way or public space such that the sound therefrom is plainly audible across the real property line of the source; provided that this shall not apply to any public performance, gathering or parade for which a permit has been obtained from the city, nor shall it apply to performances at the Chastain Park Amphitheater or at any amphitheater constructed upon the Lakewood Fairgrounds whenever the same is governed by another ordinance or by contract as to acceptable levels of sound and as to hours.

(4) Street sales. The offering for sale by shouting or outcry within any residential, commercial or noise-sensitive area, public rights-of-way or public space except by permit issued by the city.

(5) Animals. The owning, possessing or harboring of any animal which frequently or continuously howls, barks, meows, squawks or makes other sounds which create excessive noise across a residential or commercial real property line or within a noise-sensitive area. For the purpose of this article, barking dogs shall include a dog that barks, bays, cries, howls or makes any other noise continuously for a period of ten minutes, or barks intermittently for one-half hour or more to the disturbance at any time of day or night regardless of whether the dog is physically situated in or upon private property.

(6) Construction and demolition. The operating of any equipment used in construction work within 1,500 feet of any residential or noise-sensitive area between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and holidays, except for emergency work; and to prohibit pile driving, jackhammering, and blasting on weekends and holidays, and for all other days between 6:00 p.m. and 6:00 a.m. For purposes of this subsection, distances are to be measured from the property line of the nearest residence in a noise-sensitive area in any direction to the prohibited construction operation.

(7) Powered model vehicles. The operation of, or permitting the operation of, powered model vehicles between the hours of 10:00 p.m. and 7:00 a.m. on weekdays, and 10:00 p.m. and 10:00 a.m. on weekends or holidays within or adjacent to residential or noise-sensitive areas, public rights-of-way or public space such that the sound therefrom is plainly audible across the real property line of the source.

(8) Emergency signaling devices.

a. Except in case of an emergency, the intentional sounding of any alarm between the hours of 10:00 p.m. and 7:00 a.m.

b. The testing of any alarm for a period in excess of 60 seconds at any time.

c. The testing of a complete emergency signaling system, including the signaling device and the personnel response to the signaling device, more than once in each calendar month, and the sounding of the emergency signaling system for a period in excess of 15 minutes.

(9) Motor vehicles.

a. No person shall operate or cause to be operated any motor vehicle or motorcycle not equipped with a muffler or other device in good working order so as to effectively prevent loud or explosive noises therefrom.

(10) Blowers, engines, machinery, etc. The operation by any person of any noise-creating power blower, power fan, power tool, air compressor, internal-combustion engine (except trains, motor vehicles or motorcycles), or other similar equipment or machinery which causes noise due to its operation, within 1,500 feet of any residential or noise-sensitive area, unless the blower, fan, tool, compressor, engine or other machine is equipped with a functional muffler device or is contained or housed within a structure sufficient to deaden the noise to the point that it is not plainly audible to a person of normal hearing ability in the residential or noise-sensitive area nearest the source of such noise, between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 10:00 a.m. on weekends and holidays.

(11) Commercial garbage collection. The servicing of a private, commercial garbage dumpster by any person using garbage collection vehicles and equipment within 1,500 feet of any multifamily dwelling, residential area or noise-sensitive area between the hours of 11:00 p.m. and 6:00 a.m. on weekdays and between the hours of 11:00 p.m. and 8:00 A.m. on weekends and holidays, or within 500 feet of any multi-family dwelling, residential area or noise-sensitive area, between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and between the hours of 11:00 p.m. and 8:00 a.m. on weekends and holidays; however, this shall not apply to the collection of garbage from any establishment which has a plastic lid on its dumpster and where it has been determined by the commissioner of public works or designee that the collection of garbage during the establishment's hours of operation would be a safety hazard.

(Code 1977, § 17-3103; Ord. No. 1995-17, § 1, 5-21-95)

Sec. 74-135. Special permits.

Any person desiring relief from the provisions of section 74-134(6) of this article shall apply for a special permit to cause or create noise which would otherwise be in violation of this article at least 21 days prior to the date for which the relief is requested. Applications for a special permit shall be made in writing to the commissioner of public works, or the designee of such commissioner, on forms provided for that purpose. Payment of a fee of $100.00 shall accompany the application. The commissioner shall grant a special permit upon a showing by the applicant of the following:

(1) Additional time is necessary for the applicant to alter or modify the activity in order to comply with the provisions of this article; or

(2) The activity, operation or noise source will be of a temporary duration and cannot be done in a manner that would comply with the provisions of this article; and

(3) No reasonable alternative is available to the applicant.

Any permit granted pursuant to this section shall contain thereon all conditions upon which the permit has been granted, including but not limited to the effective date, time of day, location and equipment limitation. No special permit shall be issued for a period in excess of 15 consecutive days. Any special permit granted pursuant to this section may be renewed upon application to the commissioner of public works upon a showing that the reasons for which the permit was granted still exist.

(Code 1977, § 17-3104)

Sec. 74-136. Penalties.

Any person who violates any provision of this article shall be punished in accordance with the provisions of section 1-8; however, in the case of a violation involving a motor vehicle, the person charged with a violation may be granted a period of 15 days in which to correct the cause of the sound.



Edited by Dimitry Alexander Kaplun on 7/1/2010 at 5:39 AM EST
Ask Your Own Legal Question
Customer reply replied 7 years ago
Surely there is a GEORGIA LAW forbidding harassment. That is what this is, more than a motor vehicle issue. This person uses his modified Mustang, his race car, dirt bikes "four-wheelers" loud radios, car horns and whatever else comes to hand to harass us.

Atlanta law is no help here, except as a model for a county law, but I would die of old age before I could make that happen.

When we asked the neighbor to hold it down, he said we should turn down our hearing aids. (We are 64 and don't need hearing aids. He woke my wife last night at 10:30 PM. She was on the far side of the house, wearing ear plugs.)
Lawyer: Dimitry K., Esq., Attorney replied 7 years ago
Thank you for your patience.

This is not a harassment issue, but is a noise complaint issue. Your other option is a civil complaint for a private nuisance, in which you claim to the courts that the other party is engaged in "substantial and unreasonable interference" with another private individual's use or enjoyment or property that he actually possesses or to which he has a right of immediate possession. Their screaming and shouting does affect your property rights, and if you speak to other neighbors, you may even attempt to bring a group petition for a public nuisance as well, which is defined as an act that unreasonably interferences with the health, safety or property rights of the community at large.

Good luck.

Edited by Dimitry Alexander Kaplun on 7/1/2010 at 4:26 PM EST
Dimitry K., Esq.
Category: Legal
Satisfied Customers: 41,221
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Verified
Dimitry K., Esq. and 87 other Legal Specialists are ready to help you
Ask your own question now
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I need to file a motion to stay for a Writ of Possession in
I need to file a motion to stay for a Writ of Possession in TN. Is there a fillable form available that you know of? … read more
Lori
Lori
Juris Doctor
312 satisfied customers
I've been purposefully singled out and harassed by law
I've been purposefully singled out and harassed by law enforcement in my town. They have no proof of any wrong doing yet they continue … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was arrested for possession of false identification. At
I was arrested for possession of false identification. At the time it was considered a crime in the state of NH. Since that time they have changed it to a misdemeanor. Does this mean I no longer have … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
I have a question regarding harassment. Minnesota. My
Hi - I have a question regarding sexual harassment. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
This Is a question about texting and harassment. I have
This Is a question about texting and harassment. I have somebody who text me quite a bit but then stops for a while since I don't answer them. There's no out right threats but once in a while they're … read more
Lori
Lori
Juris Doctor
312 satisfied customers
I was pulled over for a possession charge of 1 to 4 but no
I was pulled over for a possession charge of 1 to 4 but no less than three. The drug wasnt on me at all. It was scattered on my floor boerd while I was being detained … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
If my child is being retaliated, discriminated and harassed
If my child is being retaliated, discriminated and harassed against and she is on a 504 Plan, and the School administration is aware of this do we have the right to sue them from a civil standpoint. M… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
I have a question about harassment.. It will be related to
Hi JA: Hello. How can I help? Customer: I have a question about sexual harassment JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Virginia JA: Has anything … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
Need to know how to file a harassment suit that at the time
Need to know how to file a harassment suit that at the time i was working didn't handle at all to stop can I still open a case … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
I'm being harassed by the mintence man. Okllahome. Like.
I'm being harassed by the mintence man JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Okllahome JA: Has anything been filed or reported? Customer: Like JA:… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,969 satisfied customers
My civil rights were restored, but not the right to possess
My civil rights were restored, but not the right to possess a firearm after a release from prison in 1984. I now own two real estate firms and often carry large sums of funds to escrow and banks. I am… read more
Thelawman2
Thelawman2
Doctoral Degree
1,298 satisfied customers
Can you sue someone for harassment and for them taking a
Hi can you sue someone for harassment and for them taking a picture of your car?.... I went up a drive way and needed to turn around there was a water department area and I needed to turn around the m… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers
Thanks I'm trying to restore rights with a possession with
Thanks I'm trying to restore rights with a possession with intent of marijuana felony. Is this possible or what is easiest way to make it go away. It was in 1999 of July in SC … read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I have a question about land possession in the State of
I have a question about land possession in the State of Michigan. This may get a little confusing but here goes. About 30+ years ago my Father, Grandfather and Uncle purchased 2 large pieces of land. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,358 satisfied customers
I was awarded possession of my rental property but they are
I was awarded possession of my rental property but they are horrible hoarders. So I allowed them 24 hours to get packed cuz they've literally boxed up nothing since Thursday. If I let them stay one mo… read more
Bill Attorney
Bill Attorney
law
1,607 satisfied customers
My friend was convicted for possession with intent to
My friend was convicted for possession with intent to distribute. He was pulled over within feet of a known crack house. The drugs he was charged with was found on the ground. The original arresting o… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
It's a harassment issue. Ct. Union. It is a problem with a
It's a sexual harassment issue JA: Because laws vary from place to place, can you tell me what state this is in? Customer: ct JA: Is the employment agreement "at will," union, full time or part time? … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
Is a demand for possession and eviction notice?? Missouri,
No nothing has been filed. Was received on 14th of last month to be out by October 2nd taped on the door. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,403 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x