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There is a noisy farmers market that I cannot deal with.

Customer Question
There is a noisy...

There is a noisy farmers market that I cannot deal with

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

California

Lawyer's Assistant: What steps have you taken so far?

Complaint with the city manager, Police department, Sherif Department, Attended the Fairgrounds Board Meetings, Written Complaints to the CEO of the fairgrounds.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

Submitted: 2 months ago.Category: Legal
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Customer reply replied 2 months ago
This has been going on since I purchased my home in 2015. It just keeps getting louder and bigger every Saturday. I am at my wits end and want to shut this thing down
Customer reply replied 2 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 2 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 34 minutes by:
3/31/2018
Lawyer: DamienJD, Attorney replied 2 months ago
DamienJD
DamienJD, Attorney
Category: Legal
Satisfied Customers: 4,896
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney.

It seems like you did everything except file a lawsuit. Have you considered doing so?

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Customer reply replied 2 months ago
very single time I hear the loud music. The only problem is I am a full time nursing student. I do not have a lot of money.
Lawyer: DamienJD, Attorney replied 2 months ago

I see. Are here other neighbor's complaining? It would seem that there would be other neighbors complaining also.

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Customer reply replied 2 months ago
there others complaining as well. What do you think my best legal course of action is? Small claims court? I have tried to compromise and come to an agreement with them but all has failed. I am at the point that I wanna make them pay financially and shut them down permanently
Lawyer: DamienJD, Attorney replied 2 months ago

It is considered a nuisance claim. It is not for small claims court. If you could you would want to record the noise for evidence if there is ever a hearing on hit. Possibly, the neighbors in unison can work together. I am surprised the municipality is not doing anything. If not, then a complaint would have to be filed in court. Most local ordinances include "quiet times." A typical ordinance prohibits loud noises between 11 p.m. and 7 or 8 a.m. on weekdays and 11 p.m. or midnight until 8 to 10 a.m. on Sundays and holidays. Quiet hours also depend on the zoning for the particular spot.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 2 months ago
The local municipalities have failed to act as well. Me and 10 neighbors all filed complaints with the city manager but it went nowhere.
Lawyer: DamienJD, Attorney replied 2 months ago

What was the reason that the city manager is giving for not doing anything??

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Customer reply replied 2 months ago
The said they have a permit to operate. Which this does not trump my rights to peace and quiet within my home correct?
Lawyer: DamienJD, Attorney replied 2 months ago

Correct, unless there is some type of zoning ordinance involved wherein the area permits loud noises 24/7, which is unlikely.

It seems that this is something the neighbors may be able to pitch in to file a complaint in court.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Lawyer: DamienJD, Attorney replied 2 months ago

Hello again:

I am checking in with you to see if you need further help. If you need more, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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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.

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