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.
What Should I Do If My Neighbor Keeps Blocking My Driveway?
Find out more about how to deal with bad neighbors.
We've all had bad neighbors at some point. Maybe they are loud at night and it's keeping you up. Maybe their car keeps blocking the driveway and you can't get out in the morning. Or maybe they are leaving garbage out and it's starting to smell. It can be hard to deal with a bad neighbor the first time it happens. It's important to know what your legal rights are and what to do if you get a bad neighbor.
Going to court as often the last thing that you want to do. Going to court is the nuclear option and if you are intending to stay somewhere in the long run you may end up with a neighborhood maliciously complies with all your requests and never helps with anything.
Court is a more viable option if it's a short term rental. But if you own the house you need to be careful about making enemies when your neighbor. Try to talk things out and have a conversation before going to court.
However, if talking it out doesn't work then you might have to hire an attorney and go to court. There are many different types of ways to deal with a problem neighbor. The type of lawsuit you need to file will depend upon what the issues are. Some issues require additional leg work before you file a lawsuit.
If you are dealing with a neighbor who is blocking your driveway, there are two major ways to handle it through legal proceedings.
The first thing you may want to do is to send out a trespass notice. These notices inform your neighbor that they are not welcome on your property. If someone gets a trespassing notice and still leaves their stuff on your property, they could face criminal repercussions.
The second option, depending on the severity of the situation, is to file a lawsuit to get an order from the court to stop them. Violating a court order can have even more consequences.
Both routes lead to the same place. You can obtain either a no trespass notice or a court order preventing further problems. To make sure you choose the right one, make sure to get an attorney to help you when you are dealing with a bad neighbor. It will end up saving money in the long run.
New Virginia Laws 2023: Swatting and False Calls
Find out more about how Virginia has responded to swatting concerns.
It is a bad idea to lie to the cops. There are several crimes on the books related to lying to the cops. For example:
Filing a false police report;
Providing false identification;
Obstructing justice.
In 2023, law enforcement and first responders saw a new type of crime. There have been a growing number of false calls into dispatch about mental health issues, animal abuse, and child abuse. The online community has dubbed some of these calls “swatting.”
Swatting involves calling into law enforcement and falsely reporting false criminal activity or mental health issues to law enforcement. These calls require law enforcement to go to the scene. Many of these calls ended violently. Both law enforcement and innocent civilians were getting hurt or even killed. These calls were also creating a massive backlog of work for law enforcement.
The General Assembly responded by proposing Senate Bill 1291. This law was signed into effect in 2023 and now makes it an additional crime to provide false statements or induce someone else to make false statements to law enforcement or other emergency personnel when those statements are known to be false.
The purpose of the law is clear. No more swatting or false calls. If someone gets injured as a result of swatting and false calls, whether that be police or the person swatted, you are looking at a felony charge. That felony charge could cause you to lose the right to vote, the right to own firearms, the right to hold public office, and a lot of jail time.
The moral of the story is don’t swat people and don’t lie to the cops.
New Virginia Laws 2023: Switchblades and Stilettos
New law is passed in 2023 that makes it easier to own and transport switchblades in Virginia.
Carrying certain types of weapons; concealed or otherwise, can be a crime in Virginia under certain situations. Knives, for example, are one of the types of weapons that Virginia closely monitors.
Whether for protection or collection, if you are a knife enthusiast you have to be careful when you are out in public. Different places have different restrictions for when you can carry a knife. If you are not careful, you could get in trouble for bringing a knife somewhere you aren’t supposed to. Even if it was an innocent mistake and you forgot you had the knife with you.
Overtime, knife restrictions became a big problem in Virginia. New laws were suggested by the General Assembly to relax restrictions on carrying knives in 2023. One of those proposals was House Bill 2298. That law made changes to what kind of knives were restricted for concealed carry purposes.
Governor Youngkin signed House Bill 2298 in March of 2023. The new law reduces restrictions on concealed carry of switchblades. The new law removed the blanket restriction on carrying switchblades. The law now prevents carrying “stilettos” instead of “switchblades.” As many knife enthusiasts might tell you, that is a big difference. Some stilettos are switchblades, but not all stilettos are switchblades.
It is still a very bad idea to try to take your knives into government buildings, but the law is a lot less strict on other types of switchblades after the new rules were put in place this year. The law also still restricts the carrying of dirks and daggers.
If you are a collector or someone looking for personal protection, it is important to make sure you consult with a lawyer to make sure you aren’t carrying the wrong kind of knife and you are properly transporting it to avoid getting in trouble and risking jail time.
New Virginia Laws: 2023 Traffic Laws Edition
Find out more about the new traffic laws in Virginia as of 2023.
Virginia is known for being one of the worst states to be pulled over in. That reputation comes from laws that are often poorly advertised and a court system that focuses on strict enforcement. If you are a Virginia resident or just someone driving through Virginia, you should be aware of some of the new laws that hit the books in 2023.
CELL PHONES: Don’t drive and use your phone at the same time in Virginia. There is a new law that imposes substantial penalties for driving and texting. For a first offense the fine can be up to $125. For a second offense that fine can be up to $250. If you are in a highway work zone, the minimum fine comes up to $250 and can go higher, even resulting in a criminal reckless driving ticket. This law can result in a three point demerit on your driver’s license if you are a Virginia resident.
SHOW UP TO COURT. Another new law says that if you do not show up to your traffic court proceeding and you are found guilty without being there, that can potentially be used against you automatically if someone else sues you in civil court for any damages they had as a result of any issues. If you want to fight any such lawsuits, make sure you show up to court.
DASH CAMS: Virginia law has made it easier to have dashboard cameras so long as they do not obstruct the driver’s view. There are plenty of federal laws about what kind of dashboard cameras are allowable and where they should be hung. However, it is a good idea to make sure you have these cameras in your car to protect yourself from false charges.
YIELD TO PEDESTRIANS: Virginia law requires drivers of vehicles on a highway to stop when a pedestrian is in their lane. You are going to start seeing more signs confirming this law after the Virginia legislature authorized more postings of these signs.
CHANGE LANES FOR STOPPED VEHICLES: Drivers have to make lane changes or reduce speed when passing stationary vehicles that have hazard lights, caution signs, or other lit flares.
DON’T PASS SCHOOL BUSSES: Cops now have a longer time to bring citations for people who pass stopped school buses. They now have up to thirty days to come after someone for doing that. If there is even a single warning device activated, wait behind the bus.
These are just some of the amendments to Virginia’s already harsh driving laws. Make sure to be extra carefully when traveling in Virginia. If you get a ticket, make sure to talk to a local attorney as soon as possible.