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How can I control the noise from my neighbors dirt bike track? |
I live on over 60 acres within the city limits of a small town in new Mexico. My neighbor lives in town and owns a few acres next to mine. All the land in question is zoned "industrial". My "neighbor" ' has built a motorcycle track that covers almost all of his land and he allows people to ride as much as they want on the track. Some of the bikes are very loud and we can hear them inside our house. We bought this property because we love peace and quiet and now we cannot enjoy being outdoors on our own property when they are riding. I have called the police many times but they have finaly decided that because of the zoning there is no limit to the noise I have to tolerate. Is it possable to charge the owners / riders with public nuisance or disturbing the peace? The owner of the track is not responsive to my complants, the attitude is that if it is not illegal , then it must be ok. The riders say they have permission to ride on private property and I can't stop them. Help ! Check local noise ordinances. If the bike riders are obeying them then you're stuck. If not then call the cops. Easy! Consult a lawyer. Noise is considered a nuisance, but with the zoning of the land, you may not be able to bring a charge. Usually, they are reluctant to issue injunctions anyway (if I remember correctly from property law) and usually will only award damages, but it depends on your jurisdiction. Best thing to do is to talk to someone who practices law in your area and see what options are available. Many will offer free consultations, so take advantage of that. you need to take it to court or move You need to contact an attorney in your town. You may have no recourse under city ordinance. However, if there are noise laws you can charge them with a violation of said laws. You may also be able to take action against them with a tort claim, but it's pretty doubtful. See an attorney for legal advice. Offer them money like 20 bucks to do it at a cert in time. Your toast. You have no legal complaint. Goto a town meeting and try and get the zoning laws changed, you may have to get a petition of others who are bothered by the noise and present it at a town meeting. You knew when you moved in that it was zoned industrial so that means it can be loud and dirty. The only option you have is getting the zoning laws changed since he is not using his land as farm land anymore. |
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