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August 7th, 2008, 07:28 PM #1
Legal answers - need help:police complaint
My wife and I live directly across from a family that routinely sits on their front porch and chat however it is punctuated by annoying, loud and boisterous laughter, hoots etc etc. The sound from their front porch comes directly across the street and into our bedroom and can be heard above our room air conditioner. We have complained to the police numerous times which results in nothing more than a 'friendly visit from the LEO'. Last night my wife finally had enough and complained to the LEO asking them to give a citation. They indicated that they would if she would testify. She agreed.
The LEO's arrive 30 min later. Hang out in the bushes for 5 minutes and determine that there is no problem. They then approached this family, told them it was my wife who was complaining and asking for a citation AND told them that they refuse to cite them because they were only talking and there was no problem.
Today the neighbors come over to ask my wife what the problem is... she explains very nicely. They agree to disagree and the neighbors walk away with an attitude. They have already started beeping car horns to annoy - I'm sure tonight will be wonderful.
My question is - did these LEO's act properly? I feel as though they have put us directly in harms way. Can they do something like this when it obviously serves no purpose other than cause problems? HELP
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August 7th, 2008, 07:41 PM #2Grand Member
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August 7th, 2008, 07:46 PM #3
Re: Legal answers - need help:police complaint
i did call him but he will not return ower calls
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August 7th, 2008, 07:51 PM #4
Re: Legal answers - need help:police complaint
I am sure there is a noise ordinance code, if they are loud enough to annoy you then they are breaking that code. Wether it be talking laughing or beeping car horns. Look into the ordinance, if there is one they LEO are required to enforce it. But they have to usaully break a certain db level, bit the way ot sounds like they are if you can hear them in your bedroom wondow.
When injustice becomes law, rebellion becomes duty!
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August 7th, 2008, 07:55 PM #5
Re: Legal answers - need help:police complaint
Set up a video camera to record the action tonight and in nights to come.
Μολὼν λάβε
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August 7th, 2008, 07:56 PM #6
Re: Legal answers - need help:police complaint
Leo told them they where not in violation. because they where on their Owen property. but the ordnance reads differently.
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August 7th, 2008, 07:57 PM #7
Re: Legal answers - need help:police complaint
Then you have five choices:
1.) Kill them all...if you leave even one you will have future problems
2.) Move
3.) Put up with it and be ready to defend your home if necessary
4.) Keep pestering the Chief, and include visits to his office in your campaign
5.) Retain legal council
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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August 7th, 2008, 08:04 PM #8
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August 7th, 2008, 08:13 PM #9
Re: Legal answers - need help:police complaint
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
Hobson fundraiser Remember SFN Read before you Open Carry
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August 7th, 2008, 08:18 PM #10
Re: Legal answers - need help:police complaint
You could probably sue for private nuisance, if you had evidence. You can't secretly audiotape anyone (that's illegal in PA), but you can put an obvious camcorder on your front porch and tape them. Either they'll be quiet when the camera is there, or you'll get evidence against them. Or they'll steal the camera, so run some coax cable back to a VCR from the camera.
Noise made by people during daytime hours is not usually actionable. People can use lawnmowers, leafblowers, power tools, etc on their own property for legitimate purposes during reasonable hours. Nobody likes it, that's why most people would prefer to live on 100 acres in blissful silence. Living in a community will have collateral annoyances.
As for the cops divulging the name of the complainant, I dunno. It could be argued that they were explaining that "you folks are annoying those folks with your noise", in an attempt to get them to be quiet.
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