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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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The neighbor across the street setup and ran a very large loud

Customer Question

The neighbor across the street setup and ran a very large loud tree chipper directly in front of my house for hours on a Sunday. It went from approximately 8:00 am to around 2:00 pm. I called the police to ask about what the noise ordinences were in my neighborhood and they sent a patrol car to my home. The officer was very rude to me and told me that there were no noise oridinences in my town. He then proceeded to tell me to go back into my house, and not bother my neighbors, who apparently had the right to run their chipper in my face all day. I told the officer that I would not go into my house, that I was in my yard and on my property. He threatened to arrest me for disorderly conduct, if I "bothered" my neighbors about their chipper again! I have never been in trouble with the law, have a clean record. I want to know if there is something I can do to this officer for threatening me? I believe he is friends with my well-connected neighbor.
Submitted: 2 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your post. Please permit me to assist you with your concerns.
First, please allow me to see whether or not a noise ordinance even exists (or not). In what state and municipality or township are you located in?
Customer: replied 2 years ago.

Atco, NJ 08004

Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, I happen to be New Jersey licensed myself. One moment while I see what I can find out.
Customer: replied 2 years ago.

Can a police officer be allowed to threaten me with disorderly conduct, in my own yard, when I did not use profanity, am not drunk, have broken on laws, and have called them to stop what I consider a disturbance of my peace? I feel humiliated, and offended by this officer. Interestingly,after my complaint, the neighbors turned off their chipper.

Expert:  Dimitry K., Esq. replied 2 years ago.
Hi, Just because you are on your own property does not mean that you cannot be disorderly. Likewise being drunk or intoxicated is just one type of disorderly conduct that is actionable. If you are shouting very loudly, for example, even if you are on your front porch it can still be 'disorderly' and actionable. That is not to say that this is what you were doing, merely giving an example. As far as Waterford Township, I do not see local ordinances for noise--while there are state regulations, there is nothing local. Sincerely, ***** *****