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Old 04-04-2016, 06:25 PM
 
29,509 posts, read 22,627,074 times
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One of my previous landlords up in the bay area of California was awesome. She had zero tolerance for screaming kids playing on the property, didn't matter what hours of day. It was so awesome, I miss the place. She was on top of many things, noise complaints, unwanted solicitors, etc.
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Old 04-05-2016, 06:21 AM
 
Location: North Idaho
32,636 posts, read 47,986,069 times
Reputation: 78388
Quote:
Originally Posted by Yelingshan View Post
I don't really understand why there are people on here saying that if you don't want to hear noise, you should move out of an apartment to a house or to the woods or something. Shouldn't it be that if you are going to be the source of a ton of noise, that you should be the one that has to move? ..........
Maybe because the people with the screaming kids are not the ones writing and asking what to do. If the parents of the screaming kid asked what to do about their neighbors complaining about noise, we'd all tell them to get their kids under control. They might also be advised to move to a house with a large fenced yard.

But none of them are asking, and it doesn't matter how much you don't like your neighbor's kids, no one here can contact your neighbor to give them child training advice.

If you ask what to do about noise, there is no reason to give you possible solutions that you would have absolutely no control over. If I tell you to solve your problem by making the kids move out, just how do you think you are going to do that?
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Old 04-05-2016, 08:05 AM
 
48 posts, read 44,828 times
Reputation: 87
I would agree with posters saying to make a report about the child. Screaming at full voice for multiple hours a day is NOT normal behavior for a toddler. I would first attempt to talk to the parents, and ask if everything was ok. Then I would make a report to the landlord, and then a call to the police for a noise disturbance. Police will decide whether to open a case or file with child protection. For all you know, OP, the parents may already have a case open against them. Or they may have an emotionally/behaviorally disturbed (EBD - that's the official term in mn) child that isn't getting the services that they need. Either way, try talking to the people first. I had to do that with a couple that shared a wall with me a few years ago... The girlfriend would scream and break things and shout abuse at her boyfriend at all hours of the night. When she threatened to kill herself (which I heard through the walls) I contacted the police for a welfare check.
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Old 04-05-2016, 08:34 AM
 
217 posts, read 246,968 times
Reputation: 583
Quote:
Originally Posted by janet bubby View Post
if you allowing your children to repeatedly "scream their heads off" in close proximity with neighbors then you are 100% the one who is in the wrong. Few people will have the guts to speak up and face the backlash, doesn't mean everyone thinks this nonsense is A-OK. There's kids making noise, and then there's kids allowed to scream and scream for no reason at an earsplitting volume that can disturb an entire neighborhood.
What you're doing is assuming the kid is just standing there screaming his head off and not being loud while playing. Kids ARE loud when they are outside and playing. If you don't like being near kids then move to a place where kids aren't allowed or buy a house in a secluded area. There was a case here on LI a few years ago where neighbors complained that the kids next door were too loud playing in their pool. They said the kids were insanely loud for hours. The judge said kids have the right to be loud while they are playing. There's nothing illegal about kids being loud outside. Sorry, and the parents aren't in the wrong.
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Old 04-05-2016, 08:35 AM
 
217 posts, read 246,968 times
Reputation: 583
Quote:
Originally Posted by arctichomesteader View Post
It's called disturbing the peace if someone is screaming at the top of their lungs for no legitimate reason.


But this is a 2 year old thread brought back to life.
Uh, no it is not. Learn the law before posting such ridiculousness.
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Old 04-05-2016, 01:13 PM
 
Location: The Woods
18,356 posts, read 26,484,723 times
Reputation: 11350
Quote:
Originally Posted by ZackRyder View Post
Uh, no it is not. Learn the law before posting such ridiculousness.
I think you may want to learn the law. It's not legal to scream at the top of your lungs in a residential area for no legitimate reason (i.e., being attacked, getting hurt, etc.). And local noise ordinances usually go even further than the state level crime of disturbing the peace (sometimes labelled disorderly conduct, breach of the peace, etc.). A kid will probably get a warning once or twice by a cop but if complaints keep rolling in yes there can be charges.
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Old 04-06-2016, 04:25 AM
 
584 posts, read 1,934,824 times
Reputation: 589
Quote:
Originally Posted by arctichomesteader View Post
I think you may want to learn the law. It's not legal to scream at the top of your lungs in a residential area for no legitimate reason (i.e., being attacked, getting hurt, etc.). And local noise ordinances usually go even further than the state level crime of disturbing the peace (sometimes labelled disorderly conduct, breach of the peace, etc.). A kid will probably get a warning once or twice by a cop but if complaints keep rolling in yes there can be charges.
funny the cops i know if you called on kids making noise playing a game would play with the kid or kids for a bit. and make sure you see them being good cops leting kids know cops are there to help/. and not all adults are dicks that forgot what it is like to be a kid.
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Old 04-06-2016, 11:33 AM
 
217 posts, read 246,968 times
Reputation: 583
Quote:
Originally Posted by arctichomesteader View Post
I think you may want to learn the law. It's not legal to scream at the top of your lungs in a residential area for no legitimate reason (i.e., being attacked, getting hurt, etc.). And local noise ordinances usually go even further than the state level crime of disturbing the peace (sometimes labelled disorderly conduct, breach of the peace, etc.). A kid will probably get a warning once or twice by a cop but if complaints keep rolling in yes there can be charges.
You are 100% wrong. As stated earlier there was a case just like this on LI recently. It went to a trial that the neighbors complained about kids next door who they said were insanely loud. The judge ruled that kids outside are allowed to make as much noise as they want and there is no basis for the lawsuit. I do know the law, you are assuming you do.
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Old 04-07-2016, 02:01 PM
 
Location: Silicon Valley
18,813 posts, read 32,484,481 times
Reputation: 38575
Quote:
Originally Posted by ZackRyder View Post
You are 100% wrong. As stated earlier there was a case just like this on LI recently. It went to a trial that the neighbors complained about kids next door who they said were insanely loud. The judge ruled that kids outside are allowed to make as much noise as they want and there is no basis for the lawsuit. I do know the law, you are assuming you do.
Well, that judge's decision wasn't based on law. It wouldn't win in appeals court.

A noise ordinance doesn't have an exception for any volume being acceptable, if it's made by kids playing outside.

That judge was out of line. If it was me, I'd appeal the decision. If it was small claims court and it can't be appealed, I'd report him to the bar and the court and/or whomever appointed him. If he's a small claims court judge, he is likely a lawyer who practices some other area of law and doesn't know what he's talking about.
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Old 04-07-2016, 02:33 PM
 
3,461 posts, read 4,700,043 times
Reputation: 4033
Quote:
Originally Posted by NoMoreSnowForMe View Post
Well, that judge's decision wasn't based on law. It wouldn't win in appeals court.

A noise ordinance doesn't have an exception for any volume being acceptable, if it's made by kids playing outside.

That judge was out of line. If it was me, I'd appeal the decision. If it was small claims court and it can't be appealed, I'd report him to the bar and the court and/or whomever appointed him. If he's a small claims court judge, he is likely a lawyer who practices some other area of law and doesn't know what he's talking about.

Not to mention that one case is completely anecdotal and by no means represent any kind of a standard or majority of cases or even that it was done lawfully.

People amaze me when they believe or assume that whenever a situation involves a child or minor that it automatically means that either they are always above, or protected from, any and all laws or can get away with anything.
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