My terrible neighbors and their four wheelers.. (husband, person, house)

[Luvvarkansas]

Originally Posted by LowonLuck

Hope it is beautiful atv riding weather this weekend!

Sure, and the rest of us hope your ATV mufflers are not excessively loud.

[jimj]

Originally Posted by Luvvarkansas

ATVs can be modified so that they don't make so much noise, yes? Is the loud noise part of the fun or something?

It all depends on what's meant by "don't make so much noise". Stock ATV's make noise unless they're electric.

Being that nobody has posted up a Decibel level then we're all just guessing what loud is. I would guess if the law were brought in that's the first thing that would have to be presented as evidence. That the DB levels were to such a high degree to cause a nuisance.

Thankfully noise level restrictions/violations are not generally arbitrary, they are stated in law somewhere as to what's legally acceptable to the normal person. Usually noise abatement or disturbing the peace legislation.

[oldtrader]

I don't expect these people to have any decency. They are very trashy and low class. I wasn't raised that way so I don't get it.

The problem is really you. You don't into the country lifestyle. You move to the country, and you want other people to change to live the way you think they should. You expected when you move to the country you would be moving away from city type noise and it would always be peaceful and quiet. That is not what happens. You call people trashy because they won't turn all the noise off. As you have seen from the many posts, you are not the only one that has moved to the country from city areas, and expected to be different, and are angry when you get to the country and see how things are there. Lets look at some.

You and several others, are angry that people have ATVs and other noisy toys in the country. You and others move to the country and you are demanding they quit using them as they irritate you. You are demanding they cut the ATV noise off.

Some complain about farmers moving their large equipment down roads at a slow pace, demanding they move at normal traffic speeds or get off the roads, as they are holding normal people up. It does not matter that farmers have to move their equipment down roads, and that they have to be moved at a slow pace. The new comers just want them to get off the road as it is inconveniencing them.

Some complain that the farmers operate their machinery at night, operating on a 24 hour basis. They don't care that is the only way that crops can all be harvested to get them all in in the fall, planted in the spring, etc. They have go go 24 hours as the crops all are ripe at the same time, and they can only do a full harvest going 24 hours a day. If they had to cut to 8 hour days, food prices would take an astounding increase and people could not afford to eat. But the city transplants, don't care all they want is for them to stop operating more than they are away at work. They complain that someone might park a truck in their own driveway, including new 4 door 4X4 pickups as they call them trucks. In our area, 2 out of 3 motor vehicles are a big pickup or SUV all 4X4 drive driven by everyone from a big man to a tiny woman, a top of his game surgeons, judges, or business executives. Here they are considered basic and safe year around transportation. But in some cities, they are banned in residential areas unless than making a delivery as people in that area consider them low class.

What we have is a huge culture clash. You have the country people operating as it has always been done and in many cases the only way it can be done. Then you have the city people move to the country and want things changed to how they think it should be happening. These complaining city people, really don't fit into the country life style. They call the country people trashy, ignorant hill billies, and try to force them to change by calling police and gong to court to try to get a judge to make them change.

If they don't fit in, then they should either change or go back to the city or to an area of Home Owners Associations, where every house has to be even painted the same color, and they have the HOA police which go around looking for anything they can see where someone needs put in their place. I had a sister in law move to a HOA community backing onto a ditch where boats could go down to the lake. They had a small bird house on their deck that was not exactly the color the HOA wanted bird houses to be, and they got cited for an off color birdhouse on their deck only visible from a boat doing down that ditch. It was the right color, just a couple shades off of the approved shade of color.

If you want everyone to conform to how you want things to be, then you should move to an area with rules and laws to keep things like you want them to be. Where you can only mow your lawn between 10 am, and 4:30 p.m. Where you cannot use any noisy farm equipment, and everyone has to even paint a back yard birdhouse the exact same shade the HOA allows. No ATVs or logging trucks allowed to go down the road.

They complain that the loggers haul logs down the main roads, making noise and holding up auto traffic. They want the loggers to move to 4 lane roads instead of 2.

If you want to live in the country, then accept that the lifestyle is different than it is in the city. There is going to be noise, and farmers are going to run equipment 24/7 at certain times of the year. That equipment is going to be moved down 2 lane roads, and will be moving slow and hold up traffic. That people ride ATVs, and dirt bikes on their property. That logging trucks are going to haul logs in front of your home.

If you can't learn to live with the differences in the city life and country life, you should move to where you are more comfortable instead of trying to find a way to force everyone else to conform to what you want.

[Luvvarkansas]

Originally Posted by oldtrader

The problem is really you.

If you can't learn to live with the differences in the city life and country life, you should move to where you are more comfortable instead of trying to find a way to force everyone else to conform to what you want.

It doesn't have to be all or nothing.

I've heard ATVs with excessively loud mufflers (which are probably aftermarket...in other words, on purpose....who on earth gets their jollies from making loud noises? Some even relate it to how much of a man they are..."my 4-wheeler is louder than yours!" sheesh) and I've heard them with not loud mufflers.

It's so simple, really...except for people who have no consideration for others.

[jimj]

Originally Posted by Luvvarkansas

It doesn't have to be all or nothing.

I've heard ATVs with excessively loud mufflers (which are probably aftermarket...in other words, on purpose....who on earth gets their jollies from making loud noises? Some even relate it to how much of a man they are..."my 4-wheeler is louder than yours!" sheesh) and I've heard them with not loud mufflers.

It's so simple, really...except for people who have no consideration for others.

Actually, louder mufflers equal less restriction which translates to more POWER for the atv. That is usually why mufflers would be changed out.
Unfortunately, it also tends to mean no more spark arresters which IS illegal in every place I've lived including real,real rural places.

[historyfan]

Originally Posted by Lucy0032

I live in Massachusetts. If the behavior escalates into them calling , me or my husband names or trespassing, general harassment - I will be hiring an attorney. I spoke with one today (my sister works for a large practice) - I also spoke with the police and they do consider the behavior of sitting at the end of the driveway and revving over and over harassment. I was told that one the other neighbors complained yesterday. I said I would give it a few days and see if it calms down. If it doesn't we will take action. It's too bad people choose not to be nice. There are so many awful things happening in the world. Kindness goes a long way.

You may have hit the jackpot OP. Massachusetts has toughest ATV laws regarding children's usage in the country and they even pertain to private property.

Read excerpts below to see if you think any apply...these snippets were written as informational material for residents of Foxborough. http://www.mass.gov/eea/grants-and-t...strictions.pdf

I cut & pasted for you, including enforcement number.

-------

Attention: Off-Highway Vehicle Owners

Changes to Massachusetts Recreation Vehicle Laws

Did you know that recent changes to Massachusetts laws require that recreation vehicle operators under the age of 18 must complete an operator safety and responsibility program and carry a certificate of completion while riding? For detailed information, please check the following links:

Off Highway Vehicle Brochure (OHV)
Training Safety Certificate Class Schedule
Age Restrictions on OHVs
MA OHV Safety Handbook
MA OHV Laws and Regulations

Legislation signed in August of 2010 (Ch. 202 of the Acts of 2010) brings significant changes to Massachusetts Recreation Vehicle Laws, effective February 2011.

Among the new provisions:
> educational requirements for young riders,
> age restrictions for operators of ATVs (all terrain vehicles) and UTVs (utility vehicles),
> increased penalties for illegal use and
> the establishment of an OHV program fund to support improved riding opportunities and law enforcement.

Registration:
> All OHVs must be currently registered in Massachusetts under MGL c. 90B.
> New Massachusetts Recreation Vehicle Laws require the display of registration on the left and right side of the vehicle.
> Additionally, motor vehicles registered under chapter 90 must now also register as a recreation vehicle under chapter 90B (on/off road motorcycles, Jeeps, etc.) when used for recreation or pleasure once they leave a public way as defined in chapter 90.
> Out of state recreation vehicle registrations are not valid in Massachusetts.

Contact the Division of Environmental Law Enforcement for registration information: (617) 626-1610 or Massachusetts Environmental Police

Please Report Illegal or Dangerous OHV/UTV Activity to:
State Environmental Police
1-800-632-8075
__________________________________________________ _________________________________________________



§ 256-1. Operation on public property.
Except as provided by statute, it is unlawful to operate unauthorized motorized vehicles (all-terrain vehicles, dirt motorcycles, and snowmobiles) on property under the care and control of the Foxborough Conservation Commission, Water Department, Recreation Commission or Board of Selectmen of the Town of Foxborough.

§ 256-2. Violations and penalties.
Any person violating this bylaw shall be punished by a fine of $50 for the first offense and $150 for subsequent violations and/or criminal prosecution along with restitution of any damage incurred to the Town of Foxborough property.

PLEASE REMEMBER:
NOT KNOWING ABOUT A LAW IS NO EXCUSE FOR BREAKING IT!
__________________________________________________ _________________________________________________

MEP NEWS RELEASE EXCERPTS, APRIL 2013

To legally operate an OHV in Massachusetts, all persons under the age of 18 are required to take a two-part OHV Safety and Responsibility Course. The first part requires the operator to complete an online safety course through a state-approved provider. Upon successful completion of the online course, the operator must attend a two-hour classroom-based course, instructed by an Environmental Police Officer.
If the operator is under the age of 16, a parent or guardian is also required to attend. Once both requirements have been satisfied, the operator will receive a Massachusetts Off-Highway Vehicle Safety Certificate. This certificate must be on the operator at all times while operating an OHV.

Under Massachusetts Law:
No person between 14 – 16 years of age shall operate an all-terrain vehicle or a recreation utility vehicle with an engine capacity greater than 90 cubic centimeters. When operating such vehicles 90 cubic centimeters or less, persons between 14 – 16 years of age must be directly supervised by an adult (18 years or older).
No person between 10 – 14 years of age shall operate a recreation vehicle unless directly supervised by an adult while in preparation for, or while participating in, a sanctioned race, rally or organized event which has been approved by a municipal permitting authority. If operating an all-terrain vehicle or a recreation utility vehicle, engine capacity must be equal to or less than 90 cubic centimeters.
Persons under 10 years of age may only operate an age/size appropriate dirt bike under direct adult supervision while in preparation for, or while participating in, a sanctioned event which has been approved by a municipal permitting authority. Preparation for such an event may only occur on private property.
No person under the age of 16 shall operate a recreation vehicle across a public way unless directly supervised by an adult (18 years of age or older). The public way and the crossing must be marked and approved for recreation vehicle use.
All OHVs operated in the Commonwealth, on both public and private property, are required to be registered. Out-o

[shyguylh]

Originally Posted by Luvvarkansas

ATVs can be modified so that they don't make so much noise, yes? Is the loud noise part of the fun or something?

I think it is. My weird fondness for firecrackers notwithstanding, I just don't get the idea of getting off on noise for the sake of noise. It's just stupid to me, and I don't want it trespassing onto my property. Noise which is an unavoidable byproduct of farmers farming and such is one thing noise for the sake of noise is a bunch of nonsense.

[jimj]

Originally Posted by historyfan

You may have hit the jackpot OP. Massachusetts has toughest ATV laws regarding children's usage in the country and they even pertain to private property.

Read excerpts below to see if you think any apply...these snippets were written as informational material for residents of Foxborough. http://www.mass.gov/eea/grants-and-t...strictions.pdf

I cut & pasted for you, including enforcement number.

-------

Attention: Off-Highway Vehicle Owners

Changes to Massachusetts Recreation Vehicle Laws

Did you know that recent changes to Massachusetts laws require that recreation vehicle operators under the age of 18 must complete an operator safety and responsibility program and carry a certificate of completion while riding? For detailed information, please check the following links:

Off Highway Vehicle Brochure (OHV)
Training Safety Certificate Class Schedule
Age Restrictions on OHVs
MA OHV Safety Handbook
MA OHV Laws and Regulations

Legislation signed in August of 2010 (Ch. 202 of the Acts of 2010) brings significant changes to Massachusetts Recreation Vehicle Laws, effective February 2011.

Among the new provisions:
> educational requirements for young riders,
> age restrictions for operators of ATVs (all terrain vehicles) and UTVs (utility vehicles),
> increased penalties for illegal use and
> the establishment of an OHV program fund to support improved riding opportunities and law enforcement.

Registration:
> All OHVs must be currently registered in Massachusetts under MGL c. 90B.
> New Massachusetts Recreation Vehicle Laws require the display of registration on the left and right side of the vehicle.
> Additionally, motor vehicles registered under chapter 90 must now also register as a recreation vehicle under chapter 90B (on/off road motorcycles, Jeeps, etc.) when used for recreation or pleasure once they leave a public way as defined in chapter 90.
> Out of state recreation vehicle registrations are not valid in Massachusetts.

Contact the Division of Environmental Law Enforcement for registration information: (617) 626-1610 or Massachusetts Environmental Police

Please Report Illegal or Dangerous OHV/UTV Activity to:
State Environmental Police
1-800-632-8075
__________________________________________________ _________________________________________________



§ 256-1. Operation on public property.
Except as provided by statute, it is unlawful to operate unauthorized motorized vehicles (all-terrain vehicles, dirt motorcycles, and snowmobiles) on property under the care and control of the Foxborough Conservation Commission, Water Department, Recreation Commission or Board of Selectmen of the Town of Foxborough.

§ 256-2. Violations and penalties.
Any person violating this bylaw shall be punished by a fine of $50 for the first offense and $150 for subsequent violations and/or criminal prosecution along with restitution of any damage incurred to the Town of Foxborough property.

PLEASE REMEMBER:
NOT KNOWING ABOUT A LAW IS NO EXCUSE FOR BREAKING IT!
__________________________________________________ _________________________________________________

MEP NEWS RELEASE EXCERPTS, APRIL 2013

To legally operate an OHV in Massachusetts, all persons under the age of 18 are required to take a two-part OHV Safety and Responsibility Course. The first part requires the operator to complete an online safety course through a state-approved provider. Upon successful completion of the online course, the operator must attend a two-hour classroom-based course, instructed by an Environmental Police Officer.
If the operator is under the age of 16, a parent or guardian is also required to attend. Once both requirements have been satisfied, the operator will receive a Massachusetts Off-Highway Vehicle Safety Certificate. This certificate must be on the operator at all times while operating an OHV.

Under Massachusetts Law:
No person between 14 – 16 years of age shall operate an all-terrain vehicle or a recreation utility vehicle with an engine capacity greater than 90 cubic centimeters. When operating such vehicles 90 cubic centimeters or less, persons between 14 – 16 years of age must be directly supervised by an adult (18 years or older).
No person between 10 – 14 years of age shall operate a recreation vehicle unless directly supervised by an adult while in preparation for, or while participating in, a sanctioned race, rally or organized event which has been approved by a municipal permitting authority. If operating an all-terrain vehicle or a recreation utility vehicle, engine capacity must be equal to or less than 90 cubic centimeters.
Persons under 10 years of age may only operate an age/size appropriate dirt bike under direct adult supervision while in preparation for, or while participating in, a sanctioned event which has been approved by a municipal permitting authority. Preparation for such an event may only occur on private property.
No person under the age of 16 shall operate a recreation vehicle across a public way unless directly supervised by an adult (18 years of age or older). The public way and the crossing must be marked and approved for recreation vehicle use.
All OHVs operated in the Commonwealth, on both public and private property, are required to be registered. Out-o

And the war shall begin with this first legal salvo! Trust me, it's just the first in a looooong line of back and forth if this path is followed. It'll be interesting if the OP comes back and lets us know who wins and how many fines both sides end up paying as they play she/he did this/that...

[TooncesTheDrivingCat]

Originally Posted by eastcoastguyz

$600.00 is nothing if it helps with the noise problem. The OP spending money for a earth berm and all the other suggestions is far more expensive.

Some keep saying there is nothing that can be done about it and the people making the noise are within their rights. That is not true. There is the legal system and the people doing the harassing could end up going bankrupt. So far the OP has involved the police which have taken an interest, and this is all good documentation for the lawsuit. Let this be a warning to those who believe they can do whatever they want and nothing will happen because it is on their own property. You can sue people for any reason, and they have to answer the lawsuit in court and it will end up costing money. Anyone who is harassing a neighbor like this after they've been asked to stop the noise is threatening a lawsuit. The sympathy is always going to be to the one who is suffering from the noise. Lawsuits are not like they are on TV, they don't resolve in an hour. They drag on for years and attorneys are expensive. And even if you move away and are no longer causing the noise problem, the lawsuit can continue. It will be an expensive lesson to understand you are part of a society and you need to be able to get along with your neighbors. The very idea of not limiting the noise after a request because of an ill relative, is totally sick and deserves such punishment from the legal system.

Originally Posted by historyfan

You may have hit the jackpot OP. Massachusetts has toughest ATV laws regarding children's usage in the country and they even pertain to private property.

No person between 10 – 14 years of age shall operate a recreation vehicle unless directly supervised by an adult while in preparation for, or while participating in, a sanctioned race, rally or organized event which has been approved by a municipal permitting authority. If operating an all-terrain vehicle or a recreation utility vehicle, engine capacity must be equal to or less than 90 cubic centimeters.
Persons under 10 years of age may only operate an age/size appropriate dirt bike under direct adult supervision while in preparation for, or while participating in, a sanctioned event which has been approved by a municipal permitting authority. Preparation for such an event may only occur on private property.
No person under the age of 16 shall operate a recreation vehicle across a public way unless directly supervised by an adult (18 years of age or older). The public way and the crossing must be marked and approved for recreation vehicle use.
All OHVs operated in the Commonwealth, on both public and private property, are required to be registered. Out-o

I love to visit the East Coast but thank God that I live somewhere that hasn't been wussified…..

[kell490]

I didn't have time to read all this maybe it was already stated but it's time to contact an attorney and find out what can be done. I'm fairly sure a lawsuit will resolve the problem you will need evidence so work with an attorney to video record the evidence. Your losses will be how much the home value would have to drop to sell the home with all that noise what ever else the attorney can think up. I would not bother with attorney letters just have them served right up with a lawsuit including restraining order show them you mean business.