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The time of day has no bearing on the problem. If it's noon, and it's bothering the neighbors, then it's too late to be making noise.
This is simply unrealistic to me. Everyone that's renting in a building deals with noise: kids run around, scream, jump, and play; people move furniture around or assemble things; washing machines vibrate the floor and cause noise; loud televisions of hard-of-hearing tenants or just people who turn up the sound; vacuum cleaners on an almost daily basis; people who talk loud; dogs, etc.
You deal with it if it's during reasonable hours. Just because people are renters doesn't mean that their kid can't learn to play a musical instrument, or get a dog, or vacuum twice a day unless the lease prohibits it.
I do think that tenants have an obligation to their neighbors to keep the noise level down at night and very early in the morning, but not everyone is considerate.
I'm a drummer and would not buy an acoustic kit because it would make too much noise. I got an electronic kit with mesh heads that are quiet, a thick carpet and padding for under the kit and I play with headphones on. When I got it, I told my downstairs neighbor that if the sound ever bothered him to please let me know. I never play before noon and never after 7:30 p.m. and haven't had a problem.
I think the OP should speak to the guy but prepare for the parent to get defensive if you look like a crank. Some parents wig out if you dare try to get in the way of junior expressing himself so just ask if it would be possible for the him to use headphones and not sing after a particular hour.
This is simply unrealistic to me. Everyone that's renting in a building deals with noise: kids run around, scream, jump, and play; people move furniture around or assemble things; washing machines vibrate the floor and cause noise; loud televisions of hard-of-hearing tenants or just people who turn up the sound; vacuum cleaners on an almost daily basis; people who talk loud; dogs, etc.
You deal with it if it's during reasonable hours. Just because people are renters doesn't mean that their kid can't learn to play a musical instrument, or get a dog, or vacuum twice a day unless the lease prohibits it.
I do think that tenants have an obligation to their neighbors to keep the noise level down at night and very early in the morning, but not everyone is considerate.
I'm a drummer and would not buy an acoustic kit because it would make too much noise. I got an electronic kit with mesh heads that are quiet, a thick carpet and padding for under the kit and I play with headphones on. When I got it, I told my downstairs neighbor that if the sound ever bothered him to please let me know. I never play before noon and never after 7:30 p.m. and haven't had a problem.
I think the OP should speak to the guy but prepare for the parent to get defensive if you look like a crank. Some parents wig out if you dare try to get in the way of junior expressing himself so just ask if it would be possible for the him to use headphones and not sing after a particular hour.
Sec. 30-6.* Maximum permissible sound levels.
(a)***In addition to the violations established by the preceding sections of this chapter, no person shall conduct, permit, or allow any activity or sound source to produce a sound discernible at any location beyond the property lines of the property on which the sound is being generated that when measured as provided in section 30-7 of this Code exceeds the applicable dB(A) level listed below for the property on which the sound is received:
(1)***Residential property:* *
a.***65 dB(A) during daytime hours.
b.***58 dB(A) during nighttime hours.
(2)***Nonresidential property:* 68 dB(A) at all times.*
Any sound that exceeds the dB(A) levels set forth in this section under the conditions and measurement criteria set forth in this chapter is a violation of this chapter. Evidence that an activity or sound source produces a sound that exceeds the dB(A) levels specified in this section shall be prima facie evidence of a sound nuisance that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter.
(b)***Regardless of the measurable dB(A) level established above and measured as provided in section 30-7, below, the generator of any sound of such a nature as to cause persons occupying or using any property other than the property upon which the sound is being generated to be aware of sympathetic vibrations or resonance caused by the sound shall also be prima facie evidence of a sound that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter.
(Ord. No. 01-945, § 2, 10-17-01)
Sec. 30-8.* Permit required for use of outdoor sound amplification equipment.
(a)***No person shall use or cause to be used any loudspeaker, loudspeaker system, sound amplifier, or any other machine or device that produces, reproduces, or amplifies sound outside of buildings or other enclosed structures in a manner that exceeds the levels specified in section 30-6, when measured from the property where the sound is being received, without first obtaining a permit to do so. The permit shall be granted only for the amplification of music or human speech, or both.
Chapter 30* NOISE AND SOUND LEVEL REGULATION*
Sec. 30-4.* Amplified sound.
(a)***It shall be unlawful for any person to make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any sound using any sound amplifier that is part of or connected to any speaker system, radio, stereo receiver, compact disc player, cassette tape player, microphone, or any other sound source, when operated: (i) in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants, or (ii) at any time with louder volume than is necessary for convenient hearing for persons who are in the vehicle or within the property or premises in which such sound amplifier is operated and who are voluntary listeners thereto. The operation of any such sound amplifier in such a manner as to be plainly audible at a distance of 50 feet from a vehicle shall be presumed to be violative of this section. The operation of any such sound amplifier in such a manner that bass sounds are plainly audible at a distance of 50 feet from the property line of a property or premises in which the amplification is located shall be presumed to be violative of this section.
(b)***It is an affirmative defense to prosecution under this section that the sound source is a motor vehicle and that (i) the motor vehicle is a mobile sound stage or studio that is being used on a stationary basis at a location not situated upon any street for the purpose of providing sound, during daytime hours, for an event or function and (ii) the use is in compliance with all other provisions of this chapter, including but not limited to section 30-8 of this Code, if applicable.
(Ord. No. 01-945, § 2, 10-17-01)
It happens all over that people can be unreasonable. My friend's house has very unreasonable neighbors - it is beyond ridiculous. They call the police if you come in late at night b/c the car headlights shine in their windows & wake them up - no joke. You have to turn the fricking headlights off before you pull in the driveway. They are insane. They also called the police b/c DURING THE DAY we had a FAMILY bbq (kids, dogs etc.) b/c they said we made too much noise. Police said it was ridiculous but of course had to come by etc etc. Been to court over it & the town acts like HE has to compromise with the neighbors. Uh no the neighbors need to get reasonable. Bottom line - is when renting or even living in a neighborhood - you will hear noises. If something is at an unreasonable time (ie loud guitar playing late at night in an apt) & the tenant seems like a reasonable kid talk to him like one. Tell him what time your kid goes to sleep & ask if he could stop playing by them. You can even tell him how great you think it is that he plays & ask if he has any upcoming shows. If the kid is as nice as you say he is he will probably cut it short the 2 hours or so needed.
As for some of the other examples given, some of the people making noise are unreasonable and some of the people complaining need to grow up & realize they live in close quarters & that is the burden of renting. Hell I have a heavy walker who lives upstairs from me who wears fricking cowboy boots & comes in at all hours. Do you know how startingly loud that is at 2 AM - It almost gave me a stroke a few times. But I learned to adjust & I figured out a way to tune it out b/c I RENT & I KNOW THAT PEOPLE HAVE A RIGHT TO WALK AROUND & COME & GO AS THEY PLEASE. If he came home at 4 AM & had a loud karokee party or something - I'd say something b/c that is unreasonable. Otherwise I deal with it b/c THAT IS REASONABLE!
Quote:
Originally Posted by Houston3
Sec. 30-6.* Maximum permissible sound levels.
(a)***In addition to the violations established by the preceding sections of this chapter, no person shall conduct, permit, or allow any activity or sound source to produce a sound discernible at any location beyond the property lines of the property on which the sound is being generated that when measured as provided in section 30-7 of this Code exceeds the applicable dB(A) level listed below for the property on which the sound is received:
(1)***Residential property:* *
a.***65 dB(A) during daytime hours.
b.***58 dB(A) during nighttime hours.
(2)***Nonresidential property:* 68 dB(A) at all times.*
Any sound that exceeds the dB(A) levels set forth in this section under the conditions and measurement criteria set forth in this chapter is a violation of this chapter. Evidence that an activity or sound source produces a sound that exceeds the dB(A) levels specified in this section shall be prima facie evidence of a sound nuisance that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter.
(b)***Regardless of the measurable dB(A) level established above and measured as provided in section 30-7, below, the generator of any sound of such a nature as to cause persons occupying or using any property other than the property upon which the sound is being generated to be aware of sympathetic vibrations or resonance caused by the sound shall also be prima facie evidence of a sound that unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others in violation of this chapter.
(Ord. No. 01-945, § 2, 10-17-01)
Sec. 30-8.* Permit required for use of outdoor sound amplification equipment.
(a)***No person shall use or cause to be used any loudspeaker, loudspeaker system, sound amplifier, or any other machine or device that produces, reproduces, or amplifies sound outside of buildings or other enclosed structures in a manner that exceeds the levels specified in section 30-6, when measured from the property where the sound is being received, without first obtaining a permit to do so. The permit shall be granted only for the amplification of music or human speech, or both.
Chapter 30* NOISE AND SOUND LEVEL REGULATION*
Sec. 30-4.* Amplified sound.
(a)***It shall be unlawful for any person to make, assist in making, permit, continue, cause to be made or continued, or permit the continuance of any sound using any sound amplifier that is part of or connected to any speaker system, radio, stereo receiver, compact disc player, cassette tape player, microphone, or any other sound source, when operated: (i) in such a manner as to disturb the peace, quiet, and comfort of the neighboring inhabitants, or (ii) at any time with louder volume than is necessary for convenient hearing for persons who are in the vehicle or within the property or premises in which such sound amplifier is operated and who are voluntary listeners thereto. The operation of any such sound amplifier in such a manner as to be plainly audible at a distance of 50 feet from a vehicle shall be presumed to be violative of this section. The operation of any such sound amplifier in such a manner that bass sounds are plainly audible at a distance of 50 feet from the property line of a property or premises in which the amplification is located shall be presumed to be violative of this section.
(b)***It is an affirmative defense to prosecution under this section that the sound source is a motor vehicle and that (i) the motor vehicle is a mobile sound stage or studio that is being used on a stationary basis at a location not situated upon any street for the purpose of providing sound, during daytime hours, for an event or function and (ii) the use is in compliance with all other provisions of this chapter, including but not limited to section 30-8 of this Code, if applicable.
(Ord. No. 01-945, § 2, 10-17-01)
Actually, the law is consistent just about everywhere. People knowingly making noise just for the hell of making noise are now allowed to do so.
If I'm in an apartment, and I can hear the apartment across the hall, that means the sound had to travel through (A) their wall, (B) an empty hallway, and (C) my wall to get to me. If I can hear it, it means it's too loud. I'm actually in this situation right now with a new (must be, it started recently) tenant. Apartment policy states that noise must stop at 10pm. For whatever reason it's dead silent over there until 10pm then they play music with loud bass. I know it's coming from behind me somewhere, but I really can't lodge a complaint, because it's not apartment rattling, and you can't make out words. Also, if you had the TV on or something you really wouldn't hear it, only if it's dead quiet, and I can only hear it from my living room. In that case, I can give a pass - although it's still too loud AND the hours are screwed up.
I have a 7.1 surround system with a subwoofer. It's on all the time. The sound is loud enough that no matter where you are in my apartment (2 bedroom 2 bath), you can hear it loud and clear. Step outside, and you cannot hear it. You might hear a slight hint of the bass, but that's it. Do you know how I can do that? Keep the audio reasonably low so as not to disturb my neighbors. It's really not that hard - you don't need the volume cranked, just enough that you can hear it. If you can't hear it at a low volume, you need to get your hearing checked and fixed or get a hearing aid.
Point: if I can hear your noise from within my apartment with all doors and windows closed solid, it's too loud and needs to be turned down.
So if someone is walking in their apartment & it wakes me up should they not be allowed to walk? If I can hear the sound of a TV should they not be allowed to have it on?
Point: if I can hear your noise from within my apartment with all doors and windows closed solid, it's too loud and needs to be turned down.[/quote]
So if I'm doing my laundry at noon & the buzzer sounds on my dryer & it is really loud should I have to change the time I do my laundry to accommodate the neighbor (fyi it is a really loud buzzer & it can't be turned off). Because by your logic stated below I should just not be allowed to do anything that makes a noise that bothers the neighbor no matter the time of day. I guess that means I shouldn't be allowed to watch TV either if my neighbor wants to sleep too, since in my apt I can hear my neighbor's TV sometimes.
I guess I should also be allowed to dictate the type of shoes my neighbor wears since he is a heavy walker & he wears extremely heavy shoes on H/W floors & it wakes me up if I am sleeping or not feeling well.
Quote:
Originally Posted by Donn2390
The time of day has no bearing on the problem. If it's noon, and it's bothering the neighbors, then it's too late to be making noise.
So if someone is walking in their apartment & it wakes me up should they not be allowed to walk? If I can hear the sound of a TV should they not be allowed to have it on?
Point: if I can hear your noise from within my apartment with all doors and windows closed solid, it's too loud and needs to be turned down.
Walking: Learn to walk quiet. Stop stomping your feet. Heel down, toe, heel, toe, repeat. It's not hard. People don't even know I'm approaching, even if I'm wearing boots.
TV: You can have it own, just turn it down. Why do people have a hard time dealing with this? Nobody's telling you to turn your stuff off - turn it DOWN so that it's not blasting audio throughout the building. You can still hear your TV on a lower setting. Just because you're watching 2 Fast 2 Furious doesn't mean you need to hear every single screech and boom at max volume.
To the OP: If this is wrecking your home life (your husband is cranky, and it keeps your son awake), then you should talk to the kid's mom and explain your concerns. Being nice is one thing, and believe me, I know all about the: "It could be worse!" rationalization. At the same time, though, your family is really bugged by the noise, so you should at least try to do something about it. After all, you live with them!
Okay I will go upstairs & tell my neighbor he needs to walk quieter (he doesn't stomp around b/c he is mad he is just a heavy walker - as a renter I've met plenty of them) That won't make me sound like an absolute self centered lunatic at all. He's 40 & I'm sure he's been a heavy walker his whole life & he will appreciate me having the audacity to approach him with this. I will also advise him that I will be screening his shoe purchases from now on as well. Alternately I can adjust b/c the man is allowed to walk in the manner he learned how to walk as a child during the day AND at night even. He is also allowed to wear the shoes he wishes & to come and go as he pleases. If that bothers me then I CAN MOVE b/c I AM NOT CUT OUT FOR RENTING.
And btw I hear the sounds of people's TV's constantly & when I've gone in their apt the volume is at a normal level - the walls are just thin (and my neighbors include college professors so if anything it is the Discovery channel that I am hearing). Sorry buddy world doesn't revolve around you - if you can't handle the fact that people walk heavy or they use things that might transmit through a thin wall during the day while maintaining normal activity then YOU are the one who is not cut out for renting.
Oh wait I have another one for you - I used to live in an apt where the guy below me had a horrendous snoring problem & it used to wake me up. Should I have made him go to a Dr. & get it fixed b/c it was rude of him to wake me up with his snoring (which was the WORST I have ever heard in my life) Or should I adjust b/c things like walking & snoring are normal human sounds that the individual is making? Should I have made the renter next door to me hold their hands over their 6 month old's mouths to muffle their cries at night to not wake me up - b/c I mean if a person isn't allowed to walk their normal way then obviously a baby shouldn't be allowed to cry - after all it might disturb the neighbors?
Quote:
Originally Posted by revelated
Walking: Learn to walk quiet. Stop stomping your feet. Heel down, toe, heel, toe, repeat. It's not hard. People don't even know I'm approaching, even if I'm wearing boots.
TV: You can have it own, just turn it down. Why do people have a hard time dealing with this? Nobody's telling you to turn your stuff off - turn it DOWN so that it's not blasting audio throughout the building. You can still hear your TV on a lower setting. Just because you're watching 2 Fast 2 Furious doesn't mean you need to hear every single screech and boom at max volume.
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