Neighbor keeps calling the cops on us for noise

[bol7205]

Ok, so the background information... I'm a 26 year old student living in a college town and all of my roommates are 24+. The university has recently boomed in the past 15 years or so and has grown exponentially due to the current president's agenda. This has led to to a sort of unrest in the area since the locals want to have their quiet little town and the college students want to have their ways to relieve stress. As a side note, the college is pretty much the only thing keeping the area alive since the coal mines and steel mills have all but closed. Anyway, in an attempt to bite this problem in the rear, the borough council created a zoning plan that involved a zone each for the university, single families, multiple person families, and mixed commercial use (basically student housing and restaurants).

Where my problem starts is one of those council members who created the zoning plan moved right smack dab in the middle of the college housing, one house down from me. To make matters worse, her bedroom is on the first floor, about 15 feet away (across the neighbors yard) from our back patio area. We've heard stories about how she got it for free and is why her family moved in there, but that's not really the point. Every so often, my roommates and I like to indulge in alcohol and I admit, sometimes in excess. Also, the average that we usually have at our house while we're drinking is maybe 10 people, 20 or 30 for a special occasion. I feel that those numbers are even high, but I don't want to down play anything. Over the past few years that we've lived in this house, our neighbor would usually just come out, complain to the 4 or 5 people who were smoking outside and chatting a bit, and we'd send everyone inside. That was highly annoying, but it kept the peace. The thing that changed is we were able to find an old hot tub (from like the 70's) in somewhat working condition (we had to tweak it a bit), so most of us have begun spending nights in the hot tub, relaxing and talking. We also had a fire pit for a very short amount of time, but that got taken care of quickly because it got out of control one night while I was at work. I've also heard recently that the neighbor has taken to video taping us without our consent or any notification of surveillance. Which all she usually gets footage of is drunk people in the hot tub and maybe a few shots of my roommate and his girlfriend getting intimate. We're still not sure about that though.

Alright, so this is coming to a close soon. I'm sorry for the length, there's just so many factors. Everything culminated this past weekend when on Friday night/Saturday morning the cops came (while I was at work) and told my roommates that the party was over. From my understanding there were only about 6 people in the hot tub and music was being played from an iPhone through a small iHome speaker. The next night (Saturday) I was off work and decided to partake in a little bit too much since I hadn't drank since the 4th of July (I've been working a lot of hours at work and was taking summer classes). After the bar closes myself, my 2 roommates, and 2 of my best friends go back to my house and get in the hot tub to finish whatever alcohol was left in our fridge. We intentionally left the music off so that we wouldn't attract the cops again. After an hour, 4 girls that we had met at the bar show up and one of my friends goes inside to pass out since he started falling asleep in the hot tub. At around 5 am, without any complaints or warnings from the neighbor, the cops show up, immediately asking for our IDs and saying that we (my roommates and I) are getting arrested. Right off the bat, they weren't being very pleasant. Not saying all cops are that way, my father is a retired police officer and I have no vendetta against the profession. Long story short, the police follow us inside while we get our IDs without any invitation or anything and keep barking at us. Eventually I get a bit mouthy because I've been trying to be civil the whole time and I finally just had enough of it. Not the smartest thing, I know, but I was drunk and had just been separated from a girl that I was into. So they leave and we're told that we'll be receiving citations in the mail. A couple days later all 3 of our names are in the local paper under the police beat. That same day, our landlord's real estate agent, who handles our leases, calls and wants to evict us. Our landlord is cool and is temporarily living in a spare room in our house so he knows everything that happened (he didn't get arrest because he was in bed). He tries to explain it to the agent, but the guy still wants to toss us on the street. And then last night, my roommate, friend, and myself were sitting out in our backyard having a few drinks (just a few) and the neighbor pokes her head out, shushes us, and goes back inside. So we just went inside for the night, not wanting to be charged again.

As you can see, the whole thing is messed up. We can't move because finding another place is nearly impossible this close to the school year and we've also leased up until next July. We've heard rumors that the neighbor is finally selling her house, but they can't be confirmed. And I refuse to give up the hot tub before I can use it in the middle of winter. What can we do? Can we file a suit against her for harassment? Should we go to the council meeting? And say what? Or is there another way to quiet a nagging neighbor? The really sad thing is, we're probably the quietest college kids in the neighborhood and we've heard that the new next door neighbors have been known to throw some really crazy parties.

[retdetsgt]

Problem is, you're going to have to suck it up. Yeah, we were young once too, but other people have a right to quiet after a certain hour. If I have to get up and go to work in the morning, I don't want to have to listen music or other noise coming into my bedroom in the middle of the night. When I'm on my own property and in my house, I shouldn't have to have to listen to your noise at midnight when I'm trying to sleep.

Most cities have noise ordinances that covers certain times. Around here, it's between 10 pm and 7 am. Work your parties around that and have respect for other people.

[bol7205]

They're not parties though. At least, I don't think of 8 people hanging out as a party. 9 times out of 10 when people are out back and I'm in my room doing homework, I can't hear a peep. And I understand being quiet, but she's moved into a place zoned for college students. It's like moving into a city and wanting nobody to drive past a certain hour because the cars keep you awake. I appreciate your input though, just not exactly what I was looking for.

[Kimble]

They're not parties though. At least, I don't think of 8 people hanging out as a party. 9 times out of 10 when people are out back and I'm in my room doing homework, I can't hear a peep. And I understand being quiet, but she's moved into a place zoned for college students. It's like moving into a city and wanting nobody to drive past a certain hour because the cars keep you awake. I appreciate your input though, just not exactly what I was looking for.

You may not think of it as a party, but that's really just semantics. As an adult of legal age you can drink socially all day long, but you can't break other laws (like violating a noise ordinance) in the process. Like retdetsgt said, if a noise ordinance exists in your area, you have to abide by it if you want to avoid being in violation and possibly being charged. That may not be what you want to hear (and it wouldn't likely have been what I wanted to hear when I was single and in college), but the law is still the law. Sure, this council member moved into an area where students live, and students tend to be noisey when they're drinking and hanging out, but the fact still remains that in areas with noise ordinances she has the right to not have to tolerate noise so lound from your residence that it interfers with her sleep in hers.

Have you spoken with her one-on-one about what times may be best to turn things down and continue your fun inside? May help smooth things over.

[bol7205]

We tried that when we first moved in. And we actually go over and let her know when we know there's actually going to be a large gathering there. But recently, she's just been so hostile. Speaking of a noise ordinance though, where would I be able to find the actually law about that? I've been looking through the borough code that I found on their website, but all it says is about no sound over 65 decibels past the property line. Which that is just about the sound of loud laughter, so we weren't in violation of that. Would there be a county law about it, or perhaps a state? And would that be in any library, or would I have to go to a courthouse to find it? I'm just trying to prepare for this citation, unless you think it would be useless to fight it.

[scott715us]

I know how 8 - 10 people can be after a bunch of alcohol. It appears you've been pretty direct about your story, but I tend to read in your posts that you are downplaying the noise issue to fit your side of the argument. 9+ people outside and/or in a hot tub is probably going to be loud enough to be heard from quite a distance. Take it inside and keep it inside.

Long story short, the police follow us inside while we get our IDs without any invitation or anything and keep barking at us.

If they're arresting you or conducting an investigation, they don't need an invitation if you don't have any means of identification on you. I wouldn't just allow someone to go back in their house either in the middle of a call. They could slam the door, grab a weapon, and/or flee.

We can't move because finding another place is nearly impossible this close to the school year and we've also leased up until next July.

You may not have a choice if the agent wants you out. You may want to review your lease/contract terms.

[bol7205]

It was seriously only 8 on that night. 4 guys and 4 girls. No music and the hot tub had gone on the fritz about an hour earlier, so the jets were off. I'm not trying to downplay the noise at all. When I'm working on a paper and my roommates are in the hot tub, I never even know if anyone is outside. And I'm not the type to study with TV or music, so my room is pretty quiet.

I understand about the whole weapon thing, but the officer entered the house while we were already upstairs in our rooms. And when we came down, he was in our kitchen with no concern whatsoever if we had grabbed any weapons while we were out of sight. And there was another car out front, so that rules out suspicion of us trying to flee. I knew there was a second officer because I was told to let him in soon after I returned to the kitchen.

[retdetsgt]

What time does the citation say the violation was committed?

[bol7205]

I didn't receive the citation yet. Its supposed to be coming in the mail within the next couple weeks. But the cops arrived at our house around 5-5:15 am.

[retdetsgt]

I didn't receive the citation yet. Its supposed to be coming in the mail within the next couple weeks. But the cops arrived at our house around 5-5:15 am.

Okay, huge difference between 8 pm and 5 am and making noise. 8 people can make a lot of noise, especially if some or all are drinking. And in the back yard, noise travels even more. Today's music also has a lot of bass. A few weeks ago in the middle of the night I was awaken by the soft boom, boom, boom of a bass speaker. Even when I went outside I couldn't make out any other part of the music, but I could sure feel and hear the bass. I knocked on my neighbor's door and he was surprised and didn't think it was that loud.

When I was in uniform, I worked graveyard and often got calls on these. My rule was if I could hear noise when I stepped out of my car in the street, it was too loud. Have some consideration for others.

[Joeyd6]

Lets look at the proximate cause of every time you mention there is a problem.....ALCOHOL.

You folks are 24-26 and are so stressed every night form school the drinking starts and by your own admittance sometimes goes to a point you are drunk. Drunk to teh point ou get beer courage when teh cops arrive. If you think you folks have stress now...wait till you have a job and family. Quite frankly I think you folks are tool old for this nonsense. I bet if you had the same people outside and no booze....there would be no issue.

This sounds more like a maturity issue than a neighbor issue. And based on her position and the numerous visits by the cops, it is apparent who will win.

[Kimble]

Have some consideration for others.

Yep, easiest way to avoid additional citations is to follow the advice above.