ATV/OHV usage on residential property (Jacksonville, Jacksonville Beach: 2014, attorney, home) - Florida (FL) - City-Data Forum

jXdad · 01-27-2015, 01:38 PM

I live in Jacksonville Beach and have a decent sized back yard that I have converted into a small circular track for my son to ride his ATV on. I have installed irrigation to keep the dust down and baffles to keep the sound down.

My son was out riding Thursday night and my neighbor came over and asked us to knock it off because it was getting late, 7:00PM. I told him that we were with in our rights and he should be finished shortly. He then proceeded to tell me that if I didn't stop he would call the city and police on me.

Am I doing anything wrong. I do not believe I am breaking any noise ordinance but I am not sure about zoning laws.

Thanks,
Scott

Florida2014 · 01-27-2015, 01:51 PM

You're being an annoying neighbor and are the very reason I'm thankful to be in a covenant controlled community. Seriously, that would be akin to someone playing with a chainsaw every night next to you, would you like that? Do you have any conscious at all that you're possibly ruining someone's living situation? Unreal.

In terms of noise ordinances, my guess is that it indeed violates a noise ordinance and if your neighbor gets other neighbors involved you're likely looking at a warning, then a fine if they have to keep coming out.

One thing is for certain is that people who are loud and obnoxious typically have no idea they are loud and obnoxious. Go to any movie theater and you'll see what I mean.

jXdad · 01-27-2015, 02:00 PM

I think I have done a good job at respecting my neighbors.
I installed an irrigation system to keep the dust down.
I bought a baffle for the ATV. I can barely hear it from my own home now. I even went as far as measuring the dbs to ensure it was not breaking the noise ordinance, >70db at 50 feet.

If I am following the laws then he has no ground to complain. The only thing I am uncertain about is the zoning restrictions. I have read in other states you cannot ride a OHV a certain distance from a residence. But I cannot find anything like that here.

Florida2014 · 01-27-2015, 03:11 PM

Quote:

Originally Posted by jXdad

I think I have done a good job at respecting my neighbors.

Yes, you created an ATV track IN YOUR BACK YARD, then when a neighbor came over and politely asked you to stop because of the noise you told him "He'll be done soon enough."

Sorry, I think you're very far from being a respectful neighbor.

luv4horses · 01-27-2015, 03:21 PM

It somewhat depends on how large your lot is, in my opinion. If it is 5 acres or more, then you have probably succeeded in being polite. But no matter what, if you are bound and determined to have this track on your own property, you might discuss with the neighbor when he would prefer that you let your son ride. Is there a time when your neighbor is usually not home?

Florida2014 · 01-27-2015, 04:12 PM

Well, this is Jacksonville Beach, not a ton of multi-acre properties so it's a good guess he's got neighbors within ear-shot of his backyard. Regardless of the size, they can hear it from their home, enough that they actually walked over and asked them to stop. Probably not what they had in mind when moving into a beach community.

snuffybear · 01-27-2015, 08:08 PM

Inconsiderate within a town like Jax beach. Key word town (or city). You don't live in the country. This is not normal and I suspect violates ordinances. And it's definitely not being a good neighbor. Find another place to use ATV.

jXdad · 01-28-2015, 06:41 AM

I have over 2 acres that backs up to the Marsh.

It would be one thing if I didn't take any precautionary actions (irrigation and baffles). I think I have done more than most people would have. It also sounds like I am within my rights and not violating any zoning ordinances according to everyone here.

Florida2014 · 01-28-2015, 07:08 AM

Your baffles apparently aren't working well enough if someone actually came over and asked you to stop. So you can keep touting your baffles and dust mitigation all you want it still apparently is loud enough that neighbors are irritated by it. It sounds like you're looking for an excuse to be a terrible neighbor and you definitely won't get that here. It might be legal to have a pig farm in your backyard too, doesn't make it right.

Vinny536 · 01-28-2015, 07:45 AM

Quote:

Originally Posted by Florida2014

Your baffles apparently aren't working well enough if someone actually came over and asked you to stop. So you can keep touting your baffles and dust mitigation all you want it still apparently is loud enough that neighbors are irritated by it. It sounds like you're looking for an excuse to be a terrible neighbor and you definitely won't get that here. It might be legal to have a pig farm in your backyard too, doesn't make it right.

We get it, you don't want him letting his kid ride his quad at all. Do you have any information on the law that would provide a solution? Furthermore, do you have any conscious at all that you're possibly ruining someone's living situation by limiting the enjoyment of their property?

To the OP, I've been google-ing a bit this morning on this subject out of curiosity. I can't find anywhere that prevents you from operating an atv on your land in Florida, but I haven't found anything specific to your city. You may want to try this question on an ATV forum, soem people there may have first hand experience. I assume the ATV is registered, stickered, insured and all personal protection gear is worn? If that's the case I don't see any law preventing you from letting the kid ride while supervised, although I wouldn't want to live next to ya.

Now, the noise level looks like it needs to be under 70db between 7a and 10p. 65db max during the remaining hours. Starting on page 1225 of the following link you can read how sound is measured and enforced. If you intend to keep allowing the kid to ride you'll need to be ready to defend yourself if you get a ticket from law enforcement. https://law.resource.org/pub/us/code...20%23%2034.pdf

If your neighbor pushes the law it'll make your life miserable, just remember to be respectful to police and code enforcement. They are law enforcement, not law makers or editors. If it gets that far you may want to consider contacting an attorney.

I live next to a popular atv trail that runs right at the end of my property. Even the quietest of mufflers sends out low rumbles that can be annoying. Legally you may be in the clear, but if you want to be considerate try limiting days and amount of riding the kid can do on your land. If he wants to go for a long ride load it up and head out to a trail. And good for you getting the kid off the couch and outside!