I live in a residental area with a neighbor who turned his first floor of a two family house into a prayer service. I have spoken to him regarding his noise. He has service 4 days in the week after 8 till 11 in the night. I can't rest either can my kids who attend school. And to top it off, I don't think he has permission from the city to have that there. I have spoken to him about this as well as some other neighbors who live in the same area. We are tried of this. What do I do about this? And who should I contact about this?
2006-09-06 14:46:37 · 13 answers · asked by buttercup 1 in Politics & Government ➔ Law Enforcement & Police
File a case of public disturbance and nuisance against your neighbor under the Civil Law.
2006-09-06 14:49:15 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 1⤋
Each State, County, City etc has different laws or ordinances regarding noise. In some areas (which is the most common) these do not go into effect until after 11pm. In most cases the practice of religious worship are not considered as noise, and is protected under the first amendment of the constitution.
Also most areas who enforce such noise ordinances has a very hard time getting a conviction, due to the fact that most courts cannot define "noise". Which in most cases is defined by decible level. Then there is the question as to what device was used to measure this level, was the person measuring them certified, was the equipment calibrated by a licensed person...so forth and so on. (BTW this can also be the case in a speeding ticket where radar is being used as the primafacia evidence)
Unfortunatly I think you are going to have a hard time getting this person to stop doing this, because most places look at it as religious freedom. He has as much right to make noise in his house, as do your kids yelling while playing.
2006-09-06 15:07:54 · answer #2 · answered by trauma_force 2 · 0⤊ 0⤋
Generally, churches are protected non-commercial associations, and thus are not usually implicated by most zoning statutes.
If the noise levels exceed local community standards, that's another matter that's independent of whether it is a church or not.
If you've tried talking to the property owner, and they will not keep the noise down, then you (or an attorney) need to find out what city or county ordinances are in effect regarding noise levels and disturbing the peace. That will let give you somewhere to start.
2006-09-06 14:49:02 · answer #3 · answered by coragryph 7 · 1⤊ 0⤋
Depends on the location. If it is in Houston, TX you are out of luck, no zoning laws, etc.
Most places have zoning laws, most places require the there be adqueate rest rooms and that there can only be a certain amount of people in a given size room on a continual basis.
There are also noise level time. Some places it could be as early as 9pm.
As for the freedom of religion thing, they have to be registered as a non profit org according to Federal and state laws, otherwise it's just and house or meeting place.
2006-09-06 14:51:38 · answer #4 · answered by Anonymous · 1⤊ 0⤋
A home church, having a service in your home is legal and there is no permission needed by the city to do this.
If the noice level is to high, call the police.
Who owns the house, him ?? where do you live compared to him. But this makes little difference as to someone playing thier sterio till 11.
2006-09-06 14:51:03 · answer #5 · answered by Anonymous · 1⤊ 0⤋
I would start with the police and see what they have to say.
Have neighbors communicate with police as a group. This will indicate to cops that this is neighborhood problem and not just a cranky neighbor issue.
You might want to check zoning laws for your neighorhood and see if zoned for "houses of worship".
Keep after them.
Oh, and by the way...how much "converting" did they do?
Was their converting so extensive that they might have needed building permits but neglected to obtain them?
That might be approach.
Be creative....think out of the box...but be civil and sane.
Also...are there people parking on your property?
I hope so.
This will give you opportunity to contact local towing company.
Put up no parking sign.
If they ignore it....get them towed.
Like I said before...keep after them.
2006-09-06 15:19:13 · answer #6 · answered by Anonymous · 0⤊ 1⤋
the local police have the responsibility to stop the nuisance.this is criminal action. the law provides for it. you can also complain to the city office because he has no permission. if you can get consent of other neighbours, submit a petition to the mayor. at least 10 signatures may be needed. the petition should contain all details such as noise level in decibels, distance from that house in feet/meters, parking problems and such.
2006-09-06 14:59:13 · answer #7 · answered by HMG M 3 · 0⤊ 1⤋
Try fighting fire with fire. Get some real big speakers, but them in the direction of your bible thumping neighbor and play some Black Sabbath as loud as the stereo will go. Make sure you do it during their service. Maybe they'll figure things out. But then again, you are dealing with people who believe in an antiquated myth which seems to me that their about as dumb as mud.
2006-09-06 14:56:24 · answer #8 · answered by axis mentis 2 · 1⤊ 1⤋
What I would advise is to call the Police or a Lawyer and see what can be done.You may also speak to your neighbors and tell them of their noise.Good luck.
2006-09-07 06:11:53 · answer #9 · answered by John G 5 · 0⤊ 0⤋
Check the zoning laws...
Call the zoning enforcement and/or police and complain about the noise.
2006-09-06 14:52:51 · answer #10 · answered by Rob 4 · 0⤊ 1⤋