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I am sure that a neighbor is using LRAD on me everunight for…

Customer Question
I am sure that...

I am sure that a neighbor is using LRAD on me everunight for a year since ive moved here!

Lawyer's Assistant: Are you overseas or stateside?

States, AZ

Lawyer's Assistant: Have you talked to anyone in the chain of command about this?

No Dont know who to ?

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

Thats it !

Submitted: 8 months ago.Category: Military Law
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Answered in 1 minute by:
11/12/2017
Military Lawyer: legalgems, Lawyer replied 8 months ago
legalgems
legalgems, Lawyer
Category: Military Law
Satisfied Customers: 13,705
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Military Lawyer: legalgems, Lawyer replied 8 months ago

I am sorry to hear this; if the device affects a group of people that can actually be a misdemeanor; that statute is here:

13-2917. Public nuisance; abatement; classification

A. It is a public nuisance, and is no less a nuisance because the extent of the annoyance or damage inflicted is unequal, for anything:

1. To be injurious to health, indecent, offensive to the senses or an obstruction to the free use of property that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons.

2. To unlawfully obstruct the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal or basin, or any public park, square, street or highway.

B. It is a public nuisance for any person to sell, offer to sell, transfer, trade or disseminate any item which is obscene as defined in section 13-3501, within two thousand feet, measured in a straight line, of the nearest boundary line of any of the following:

1. Any building used as a private or public elementary or high school.

2. Any public park.

3. Any residence district as defined in section 28-101.

C. The county attorney, the attorney general or the city attorney may bring an action in superior court to abate, enjoin and prevent the activity described in subsections A and B of this section.

D. Any person who knowingly maintains or commits a public nuisance or who knowingly fails or refuses to perform any legal duty relating to the removal of a public nuisance is guilty of a class 2 misdemeanor.

https://www.azleg.gov/ars/13/02917.htm

However, an individual who is the victim of such misconduct can also sue on the common law basis of a nuisance;

First a cease and desist letter is normally sent certified; if that does not resolve the issue then one may file in civil suit for damages and for an injunction ordering the defendant to stop. If they continue and it is a knowing and wilful violation of a court injunction that party can be sanctioned which may include an award of attorney fees and court costs, daily fines, even jail time for ongoing intentional violations.

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Military Lawyer: legalgems, Lawyer replied 8 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
http://www.americanbar.org/groups/public_education/public-information/how-do-i-find-a-lawyer-.html
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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.

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).

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