Neighborly Nuisances: How Do I Handle A Loud Neighbor?
This article is about noise complaints and how to pursue them.
Have you just moved into a new neighborhood and have a noisy neighbor? Maybe someone moved in next to you and is being loud. It’s hard to enjoy your home when your neighbor is causing a ruckus. Whether your neighbor is another resident or a business, you have certain legal rights that might help you reduce the noise.
Noise law can be split up into two different areas; local based laws and state based laws. Virginia law permits a town, city or county to pass local noise ordinances. These noise ordinances set restrictions on a few different activities. The noise ordinances and restrictions vary depending upon time of day, area you live and the type of neighbor you have.
The very first place you want to look when you have a loud neighbor is your local noise ordinances. For example, the City of Winchester’s rules can be found by clicking this link .
The City of Winchester makes it unlawful to:
1) Sound a vehicular horn for longer than two (2) minutes in a single block area;
2) Play music or other recorded sounds that are louder than a certain volume depending on how far you are from the source;
3) Create sound louder than a certain level in residential areas.
There are also time based restrictions that make enforcement more strict after 10:00PM. Any violation of these restrictions can result in a criminal charge at the discretion of law enforcement.
Every town, city or county may have their own rules of how they handle noise pollution. However, the best way to handle noisy neighbors is usually the same. The first thing you want to do is make sure you document the loud noises through a video recording or a security camera. Law enforcement is more likely to take the matter seriously if you can show that this is a common occurrence.
After you have documented the loud noises, then you want to contact your local government agency responsible for noise complaints. You can find out which local agency is responsible for noise complaints by looking at your local government’s website. Follow that agency’s requirements for making noise complaints.
If things do not stop at that point, you may want to consider a nuisance lawsuit. A nuisance lawsuit allows you to file a lawsuit against the loud neighbor. You can seek a court order that prevents your neighbor from making loud noises. If they violate a court order, they could be looking at jail time.
Either way, if your neighbor does not stop being a nuisance after going through the proper channels, your next step will be to hire a lawyer to help you through the nuisance lawsuit process and to make sure you finally stop the loud noises.