The Annoying, Backyard-Enjoying, Hates Old Junks & Anything Involving Noise, Neighbor

I've been in my garage for almost a year now. Its a residential area, 3-car and then some space. As far as Uncle Sam knows, I don't run a business from said garage and seldom have alot of work passing through there. The only thing I ususally have there that isn't mine is things needing bodywork/primer. Other than that I bring everything else to my booth. The neighbor comes over today at about 7pm. Says to me she can't take the noise, I'm there every wknd (and only the wknds), and she can;t enjoy her backyard. Says that it seems like my garage is more industrial than residential and doesn't understand how I can have so many junks. (3 currently) Says that shes going to look into the noise ordinances for the town, and may have no choice but to enforce them.

Now in my defense, I'm there on wknds and wknds only. I rarely work passed 8pm and rarely start before 10am. I run a compressor and misc grinders and electrical tools. After about 6pm I usually shut the doors. No loud music, no cars running ever unless I'm arriving/departing, and no crowds of hooligans running around. The people that live in the house never complain and in fact really like us. The husband works the night shift and sleeps during the day even when were there. The wife has 4 young kids that have even come in the garage to play in the cars sometimes.

Why can't some people just leave people like us alone? I'm there 1 or 2 days out of the week and try my best to keep noise to a minimum when I am there. I don't get it. I know that I am not breaking any noise restrictions and can honestly tell this lady what to do and how to do it, but I try to make as few enemies as possible. I guess its time to bone up on the town laws so I can have some ammo for when this lady comes back.

Rant over and out.

 

Look at it from her perspective, trying to chill in her backyard, listening to a DA and its compressor all weekend long.

 

Good luck with that problem. At least she had the decency to talk to you about it. Most people would just call the Police or the Code Enforcement office and hang you out to dry.

Do your absolute best to appease her. Once the "authorities" are involved you'll be forced to get rid of your junkers.

 

Get a written copy of all the local bylaws on noise,operating a business in a residential area,storing old cars in public view,etc.

Know all the rules,work within them.

When the Police arrive,be polite,and be prepared.

 

sound`s like your gonna have to sleep with her.
pictures ?

 

Sounds like she may have a case. Housing authorities can be a real nightmare. Good luck with trying to please her, but talking to you nice is usually the first step in the official complaint process.

 

if the town gets involved i think you will be screwed. not a bad idea to check into the laws, but your best bet might be to just kiss her ass. most towns have some pretty tuff rules here in nj, but they dont really enforce them until people start complaining.

 

After you check thr town bylaws see if you can build a fence, Maybe red wood or somthing that will look nice and will block the view of your parts and will make a noise barrier..good luck... bobby..

 

She is probably only able to use her backyard on the weekends which is when you are there. I think most of us would be pissed if we are trying to have a peaceful Sunday breakfast and you could hear compressors and grinding. Perhaps get an enclosure for your compressor and/or move it to the other side of the shed and some sound proofing for your shed. As you do each of those ask her if thats better. Seems she is being pretty cool about this and you might be able to turn it around. Can you schedule your work so you only do the really noisy stuff on a Saturday and let her know that? Good luck, I hope you BOTH can work on this for a win/win (Oops too many management courses )

 

NJ has a model noise code http://www.state.nj.us/dep/enforcement/noise-ord.pdf

Looks like the mere presence of noise is not an offense. It must be measured on her property and must exceed the limits adapted by either the NJ code or the local code if it exceeds the state statutes.

An inside conversation is about 65 decibles. A power lawn mower is about 105 db. If you are below 90 when measured on her property, it may be annoying but it isn't illegal. In the mean time, put some insulation on the walls of the garage, move the compressor as far away fromthe property line as possible, familiarize your self with the state or local ordinance. The law should not prevent you from pursuing a hobby. Wonder how much noise planer joiners, table saws, wood lathes, and routers make?????

 

I'd be pissed if every weekend the guy next door was firing up the compressor and the DA> keep your door closed. I feel guilty sometimes if I'm making a lot of noise, and just close the garage up, BUT:

Because some people's lives are so dull and boring that they take delight in causing trouble for other people. It's a hobby. They just don't have catalogs for it-- yet.


She could have at least come over FIRST and talked to you, maybe you could change some of your practices before she goes off whining to the city...she sounds like a complete you know what.

 

Ugh, not so much. The complainers all seem to look the same if ya get me.

There is a fence, and bushes and the like. None of my crap is outside, its all in the garage.

I'm calling the town clerk tomorrow to fax me a copy of the noise ordinances.

I definitely do understand where she is coming from when shes outside. I'm not saying shes wrong by any means. It just kinda sucks the small amount of time I'm there gets complained about.

 

Go to everyone around that place (except her) and get them to put in writing about how the noise level doesn't bother them, the work being done doesn't bother them, and the cars you have on the property don't bother them. Have them sign it. As long as the Code Enforcement people don't try to claim you're running a business from that shop, you shouldn't have much of a problem, provided everyone else but her is on your side. Once she realizes that she's the only one bitching and that no one else will support her, she'll stop. Just claim that the reason you run the compressor is to drown out the noise coming from her backyard.
And brush up on the ordinances while you're at it. If you can quote the law to the C.E. folks better than they know it, #1-they'll know they are not dealing with some uneducated schmuck, and #2-they won't be able to enforce anything over and above the law just to be pricks, like alot of them do, because the general public is not well versed in the ordinances. Alot of them are cop wanna-be's with the power to write a citation, who think they can throw their little bit of power around to intimidate people. If they do show up, make them show you ordinances in writing. Most counties or towns print little handbooks for their C.E. folks to carry, so when they write a citation they can put down the correct Ord. #. If they can't show it to you, then follow up behind them and check it yourself. This info is public property and has to be granted to you. If they are wrong, then report them to their supervisor or a law enforcement official.

 

It's only commercial if you're getting paid for your work and if you;re renting the spot for commercial work,and according to noise ordinances for most states,you can be noisy as you want from 8 AM to 10 PM...She just sounds cranky...Be glad she isn't like my landlord and put a clause in to your rental agreement stating that you can not store any vehicles(no projects) and I have to park mine on the gravel area or the street because he's afraid it will leak..He refers to my neighbors back yard as the "used car lot/junkyard"(my neighbor has 3 running vehicles<'65 Lincoln Continental Convertible,'59 Ford F100,'80's Ford Bronco> that are his and two that aren't running <'65 Baja Bug and a '32 Ford truck cab>and his wifes car that is her daily driver)He's definately not a car guy,and my neighbor on the other side of me is an alcoholic jackass that already complained rudely about my dogs barking(they're only outside a total of 1 hour a day)...

 

I'm probably going to regret this, but let me get this straight. You're upset that a neighbor that has invested in their property is bothered by the fact that you are working on cars (only on the week-end) at a house you don't live at and have maybe rented the garage space?? If I was the neighbor and had worked my ass off all week, probobaly the last thing I would want ot listen to was the tools and noise of a non resident. Maybe I don't know the whole story, but from what you've written, I've got to side with the neighbor and home owner.

Maybe you should pick two days during the week (when everyone's at work) to work on your customers cars (or yours), problem solved.

 

This is good advise. The bottom line is, she's A HOME OWNER in a RESIDENTIAL area complaining about the WORK your doing out of a RENTED GARAGE. You can bet your ass she's already talked with the people youre renting from and knows your not family and are paying to rent a garage youre working on cars in. Sounds alot like a fledgling business.
Go talk with this woman. Tell her you really didnt realize how much noise you make and apologise. Take the high road here. Make some plans on how to quiet things down, tell her about them AND DO IT. Be cool. Youre representing alot more than just yourself in this too. Its just as easy for everyone over 60 to think all car folks are assholes as it is for every car person under 25 to think the elderly are all assbags.

 

Maybe you could add some insulation that would absorb the noise?

Then let her validate that your solution worked makes it better.. worth a shot.

It sucks when they stop talking to you.

She sounds a little maladjusted and lonely, watching 4 little kids can be hell.

 

My two neighbors across the street fight each other about everything. They fight over where the snow falls when it's shoveld, where the grass clippings blow, how loud the music is. They purposly try and get the other back for some crazy thing the other did earlier. It's quite comical to listen to her bitch about him haveing his music on when he washes his car.
This lady power washes her house every two weeks and does her lawn work every week right after the bell tows at 8 a.m. on Saturday mornings.
I do not feal bad when my car's exhaust is pointing that way when I'm sorting out some kind of grimlins.

 

In California, it's called 415 PC. Disturbing the peace. A lot of people assume there's a curfew on noise. However, noise can disturb anyone at anytime. They also passed a civil code here, making a noise disturbance an offense that can be addressed in civil court. In other words, you can sue for upto $5K. Now, can you imagine if she recorded the DA and compressor noise, then playing it before a jury. Would you want to take that chance?
Have you sound proofed the garage? I was in a band and we did that. You couldn't hear the band unless you were within 5 ft of the door.

 

I agree with whover said you might have to "sleep" with her. DO it right and she won't notice a fast freight plowing through the livingroom at high noon, DO it wrong and Siberia will seem warm where you're going to be!

 

Here,this should answer all questions..

California Health and Safety Code
DIVISION 28. NOISE CONTROL ACT
CHAPTER 1. FINDINGS, DECLARATIONS, AND INTENT
46000. The Legislature hereby finds and declares that:
(a) Excessive noise is a serious hazard to the public health and welfare.
(b) Exposure to certain levels of noise can result in physiological, psychological, and economic damage.
(c) There is a continuous and increasing bombardment of noise in the urban, suburban, and rural areas.
(d) Government has not taken the steps necessary to provide for the control, abatement, and prevention of unwanted and hazardous noise.
(e) The State of California has a responsibility to protect the health and welfare of its citizens by the control, prevention, and abatement of noise.
(f) All Californians are entitled to a peaceful and quiet environment without the intrusion of noise which may be hazardous to their health or welfare.
(g) It is the policy of the state to provide an environment for all Californians free from noise that jeopardizes their health or welfare. To that end it is the purpose of this division to establish a means for effective coordination of state activities in noise control and to take such action as will be necessary to achieve the purposes of this section.
46001. No provision of this division or ruling of the Office of Noise Control is a limitation or expansion:
(a) On the power of a city, county, or city and county to adopt and enforce additional regulations, not in conflict therewith, imposing further conditions, restrictions, or limitations.
(b) On the power of any city, county, or city and county to declare, prohibit, and abate nuisances.
(c) On the power of the Attorney General, at the request of the office, the state department, or upon his own motion to bring an action in the name of the people of the State of California to enjoin any pollution or nuisance or to protect the natural resources of the state.
(d) On the power of a state agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce or administer.
(e) On the right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in the Civil Code or for relief against any noise pollution.
46002. Nothing in this division shall be construed as giving the Office of Noise Control authority or responsibility for adopting or enforcing noise-emission standards for any product for which a regulation has been, or could be, prescribed or promulgated by the Environmental Protection Agency under the Noise Control Act of 1972.
CHAPTER 2. SHORT TITLE
46010. This division shall be known and may be cited as the California Noise Control Act of 1973.
CHAPTER 3. DEFINITIONS
46020. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of the words used in this division.
46021. "Local agency" means and includes every local agency, including a county, city, whether general law or chartered, city and county, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency.
46022. "Noise" means and includes excessive undesirable sound, including that produced by persons, pets and livestock, industrial equipment, construction, motor vehicles, boats, aircraft, home appliances, electric motors, combustion engines, and any other noise-producing objects.
46023. "Office" means the Office of Noise Control.
46024. "Public agency" means and includes every state agency and every local agency.
46025. "State agency" means and includes every state office, officer, department, division, bureau, board, council, commission, or other state agency.
CHAPTER 4. ESTABLISHMENT OF OFFICE
46040. There is within the state department an Office of Noise Control.
CHAPTER 5. DUTIES OF THE OFFICE
46050. The office shall, in order to protect health and well-being establish and maintain a program on noise control, including but not limited to:
(a) Determining the psychological and physical health effects of noise.
(b) Determining the physiological effects of noise upon plant and animal life.
(c) Monitoring noise.
(d) Collecting and disseminating authoritative information on adverse effects of noise and of means for its control.
(e) Developing, in cooperation with local governments, model ordinances for urban, suburban, and rural environments.
(f) Providing assistance to local governmental entities engaged in developing and implementing noise abatement procedures.
(g) Developing criteria and guidelines for use in setting standards for human exposure to noise.
(h) Developing standards for the use of noise-producing objects in California.
(i) Developing criteria for submission to the Legislature so that state agencies may require noise control in equipment purchased for state use.
46050.1. Notwithstanding Section 65040.2 of the Government Code, the office shall adopt, in coordination with the Office of Planning and Research and each state department and agency as it deems appropriate, guidelines for the preparation and content of noise elements as required by Section 65302 of the Government Code.
In adding Section 39850.1 to the Health and Safety Code, which was the predecessor to this section, and amending Section 65302 of the Government Code by Chapter 1124 of the Statutes of 1975, it was the intent of the Legislature to ensure, insofar as possible, that new and periodically revised noise elements in local governments' general plans be more standardized, comprehensive, and utilitarian than they had been previously.
However, the Legislature also recognized that some cities and counties had already adopted noise elements pursuant to the existing Section 65302 of the Government Code and that others had received extensions on the due date of their noise element until September 20, 1975. Those cities and counties were not required to resubmit new noise elements consistent with Section 65302 of the Government Code, or to recognize guidelines adopted pursuant to this section, but are required, upon initial and periodic revision of the noise element, to comply with Section 65302 of the Government Code and to recognize those guidelines.
The requirement that the office adopt guidelines for the preparation and content of noise elements shall be inoperative during the 1993-94 fiscal year.
CHAPTER 6. ASSISTANCE TO LOCAL AGENCIES
46060. It is the purpose of this chapter to encourage the enactment and enforcement of local ordinances in those areas which are most properly the responsibility of local government. It is further the purpose to insure that the state is of maximum assistance to local agencies in the discharge of those responsibilities, furnishing technical and legal expertise to assist local agencies in the enactment and enforcement of meaningful and technically sufficient noise abatement measures.
46061. The office shall provide technical assistance to local agencies in combating noise pollution. Such assistance shall include but not be limited to:
(a) Advice concerning methods of noise abatement and control.
(b) Advice on training of noise control personnel.
(c) Advice on selection and operation of noise abatement equipment.
46062. The office shall provide assistance to local agencies in the preparation of model ordinances to control and abate noise. Such ordinances shall be developed in consultation with the Attorney General and with representatives of local agencies, including the County Supervisors Association of California and the League of California Cities. Any local agency which adopts any noise control ordinance shall promptly furnish a copy to the office.
CHAPTER 7. COORDINATION OF STATE AND FEDERAL ACTIVITIES
46070. The director shall promote coordination of the programs of all state agencies relating to noise research, abatement, prevention, and control. Each state agency shall, upon request, furnish to the director such information as he may reasonably require to determine the nature, scope, and results of the noise research and noise control programs of the agency.
46071. On the basis of regular consultation with appropriate state agencies, the director shall compile and publish, from time to time, a report on the status and progress of state activities relating to noise research and noise control. This report shall describe the noise programs of each state agency and assess the contributions of those programs to the state's overall efforts to control noise.
46072. In any case where any state agency is carrying out or sponsoring any activity resulting in noise which the director determines amounts to a public nuisance or is otherwise objectionable, such agency shall consult with the director to determine possible means of abating such noise. This section does not apply to any action of a private person for which a license, permit, or other entitlement for use is required to be issued by a state agency.
46073. The Legislature authorizes and directs that all state agencies shall, to the fullest extent consistent with existing authority, administer the programs within their control in such a manner as to further the policy declared in Section 46000. This section shall not be construed to limit or expand the authority of any state agency to issue or deny a license, permit, or other entitlement for use.
46074. Each state agency authorized to adopt regulations in the area of noise control shall in the manner specified in subdivision (c) of Section 11423 of the Government Code give notice to and invite the comments of the office concerning any proposed adoption, amendment, or repeal of a regulation in the area of noise control.
46075. In accordance with the provisions of Section 11426 of the Government Code or other applicable law, the office may petition any public agency for the adoption of regulations or other measures otherwise within the authority of that public agency in the area of noise control.
46076. The Office of Noise Control shall maintain a program to insure that all state agencies are advised of available federal assistance and funds for noise control programs. The office may, at the request of individual agencies, act for them for the following purposes:
(a) Applying for federal funds which may be made available to the states for noise control programs or related research as a result of the Noise Control Act of 1972 (P.L. 92-574) or any other federal program or law.
(b) Receiving technical assistance from the Environmental Protection Agency to facilitate the development and enforcement of state noise standards and model noise legislation.
46077. The office shall maintain a program to ensure coordinated state and federal noise control programs including, but not limited to, the following:
(a) The study of federal noise regulations proposed for adoption pursuant to the Noise Control Act of 1972.
(b) The preparation of comments, evaluations, objections or the use of any other means to ensure that the federal government considers existing California noise control statutes and regulations prior to the adoption of regulations in order to prevent the adoption of federal noise regulations weaker than existing state standards.
CHAPTER 8. RESEARCH AND PUBLIC INFORMATION
46080. In furtherance of his responsibilities under this division and to complement, as necessary, the noise research programs of federal agencies and of other state agencies, the director is authorized to:
(a) Conduct research, and finance research by contract with other public and private bodies, on the effects, measurement, and control of noise, including but not limited to:
(1) Investigation of the psychological and physiological effects of noise on humans and the effects of noise on domestic animals, wildlife, and property, and determination of acceptable levels of noise on the basis of such effects.
(2) Development of improved methods and standards for measurement and monitoring of noise.
(3) Determination of the most effective and practicable means of controlling noise generation, transmission, and reception.
(b) Coordinate with and become knowledgeable concerning the noise research programs of other governmental entities including the federal government.
(c) Disseminate to the public information on the effects of noise, acceptable noise levels, and techniques for noise measurement and control.
<HR>
CALIFORNIA CODES
VEHICLE CODE SECTION 27000-27007

27007. No driver of a vehicle shall operate, or permit the operation of, any sound amplification system which can be heard outside the vehicle from 50 or more feet when the vehicle is being operated upon a highway, unless that system is being operated to request assistance or warn of a hazardous situation.

This section does not apply to authorized emergency vehicles or vehicles operated by gas, electric, communications, or water utilities. This section does not apply to the sound systems of vehicles used for advertising, or in parades, political or other special events, except that the use of sound systems on those vehicles may be prohibited by a local authority by ordinance or resolution.

 

Well, I spoke to the Town Clerk in the town where my garage is. Long story short between the hours of 8am-8pm M-F and 9am-8pm S-S I can run my compressor for as long as I want. It specifically mentions air compressors and air powered tools as well as elctric power tools. I had her fax me a copy of which I made two more. One for the neighbor, one for my landlord, and one to hang in the garage.

I notified my landlord of the issues and he advised me to try to accomidate and not make waves, which I am. I scored a 60 gallon tank from an old compresor which I will pipe in to my exisiting setup to allow for more capacity and hopefully reduce the number of compressor cycles. I will also build in a box for the compressor and sound proof it some.

Basically I can tell this lady to go screw, but then she'll try after me for any other complaints she can dream up. And I really don't need that so I hope I can nip this in the bud.

Plym 46, thanks, that model code got the wheels turning. It actually turns out that the township code favors me even more. But I do have the state code on hand if need be.

 

Ya, put some very loose insulation in there, followed by layers of shipping blankets, then spray the entire thing with 3" of foam insulation. That ought to do it. Maybe use an old muffler to draw the air through so that the sound can't escape through your new sound trap.

 

She might have more friends in the neighborhood,
since she lives there all the time.You are an outsider.

Home owner/tax payer vs Outsider.

-------------

A lot of the noise from an air compressor is from the air intake.
Friend of mine added the air filter housing and tapered snorkel
from an old Pinto onto his compressor.Made a BIG difference.
Those sorts of air filters used to be common.

Of course,most air tools are noisy as well.

 

ya, I'd had the same problem
started playing Marilyn Manson during the alotted time for making noise slots
I.E 8 till10, at full fucking, full on disturbing levels.
the weekend grinding seems lame now.
ha, ha fucking neighbors

 

When my neighbors have complained in the past I just made sure I was in compliance with the town ordinances, let the town come inspect, and told the neighbors to fuck off. Being a renter, you may want to skip the last part of that. Edit: But sometimes it's good to remind people it could be a hell of a lot worse, you're not selling drugs out of there, or running a brothel, or making kiddy porn, or counterfieting twenties, or any crazy shit like that. Or starting a garage band, for that matter, forget about the illegal stuff, there's lots of ways to be annoying and legal.

 

Sounds like you're at least trying to be civil about it, and that's cool. I'd go show her the statutes, but then I'd tell her that despite the fact that you are within the law, you still want to be considerate. Tell her about your efforts to sound-proof your garage a little due to her complaint. Be friendly & thank her for bringing it to your attention, as you want to be a good neighbor.

Even if you're not breaking any laws she can still file a lawsuit against you. (Remember OJ!!! - found innocent in criminal court - but held financially responsible for the same crime in civil court). She could also threaten to sue your landlord or call code enforcement on him or whatever, and then your landlord will be your new problem.

Best of luck.

 

I love working on stuff in my garage....but would stop if I thought I was driving someone crazy with it.....and move to another location

 

Ya, I can play the political guy when need be. I really don't need someones shit when I'm trying to get work done on the wknd. Thats the plan for Saturday morning anyway, give her the paperwork (hopefully I beat her to it) and let her know what I'm trying to do.

It's so much easier just to say fuck off I'm within the law!

 

remember that old woman from the movie 'kingpin'

"oh come on...it wasn't THAT bad."