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Daniel Solutions
Daniel Solutions, Lawyer (JD)
Category: Legal
Satisfied Customers: 9934
Experience:  Practing General Attorney,
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My neighbor calls the sheriffs department and complains about

Customer Question

My neighbor calls the sheriff's department and complains about the noise level coming from my house every Saturday night. In this case it is music coming from a ground level speaker on the patio and also the people's conversations and laughter emanating over my 6' high board on board fence, which has sound deadening noise diffusers on the entire east side. One deputy that stopped by one night told me that instead of investigating the call, he just drives on by if he can't hear noise from the street, which is 300 ft from my house and to the south, and there are no houses across the street either. The neighbor who complains is 300 ft or more away from my house and to the east. I live on 2.36 acres of wooded lot and I have walked over to my property line to listen for myself and all I can hear is laughter sometimes but not the music. My question is, what can I do about this busybody neighbor who calls the sheriff's department just to piss me off and to scare away my guests? Can't the deputy on the call write my neighbor a citation for "false reporting"?
Thanks, Jay
PS. I know that noise level has to be sustained at the same decibel for at least 15 minutes and must be measured by an approved sound analyzer, in order to find out if I am over the limit. At least this is what I gathered from reading the statute.
Submitted: 6 years ago.
Category: Legal
Expert:  Daniel Solutions replied 6 years ago.
Thank you for allowing us to assist you with this problem.

This is something that falls under the subjective nuissance sections of the law so the deputy can not legally write a false reporting complaint against the neighbor because it is not false reporting. So long as your noise level is as you have stated then you are not breaking any laws either. I know this may not be what you want to hear but it's completely in the discretion of the deputy to contact you when they come out but they do have to investigate the claim because each time is different and could be a violation.
Customer: replied 6 years ago.

I have one follow up question. "If the deputy cannot write a citation for false reporting, can I sue her for harassment in civil court?"



Expert:  Daniel Solutions replied 6 years ago.
You can sue but you should not win because your neighbor is expressing a legal right. In order for you to win, you would have to prove to a judge that the only reason your neighbor is calling the deputy is only to harm you.
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Customer: replied 6 years ago.
Thank-you for your quick reply...
Expert:  Daniel Solutions replied 6 years ago.
You're welcome. As a side note, my experience has shown that after a while the police just start ignoring the complaints.

Hang in there and enjoy your summer.