How can I control the noise from my neighbors dirt bike track?

Question

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 !

Answer 1

Check local noise ordinances. If the bike riders are obeying them then you're stuck. If not then call the cops. Easy!

Answer 2

I would check into a lot of things. Breach of Peace. Check and see if he has to have any kind of license to build and operate that track. If someone got hurt, on his property, they might could sue him, see if he has to have liability insurance. If he is operating a recreational facility, I am sure there are many different kinds of permits he would need. Will take a while, but you need to find these things out. If he needs all I have stated, start filing complaints that he is not properly license etc... to be letting this place be used for that type of activity. In Texas, if a person can hear some else's noise, that is disturbing the peace. I would certainly see about the Public nuisance or disturbing the peace thing. Good Luck and keep us posted on how it is going.

Answer 3

I know this is not what you want to hear, but due to the industrial zoning, I would guess that there is nothing you can do to make them cease the noise. That is the purpose of industrial zoning, so that factories, wrecking yards and such can carry on business without worrying about noise, residential issues (kids, pets, etc) smells, and the like.

However, you might consider planting a tree line along the property line next to their track. Obviously the denser the trees the more noise they would absorb.

Another possibility is to create a hill between the track and your house. This also would block the major portion of the noise.

Answer 4

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.

Answer 5

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.

Answer 6

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.

Answer 7

I have the same situation, and I'm afraid we are both stuck! The powers that be don't care about noise pollution or what it does to our health, and if yougoogle it, you will find that it does hurt your health.

Sorry...

Answer 8

Offer them money like 20 bucks to do it at a cert in time.

Answer 9

you can present your problem to your town hall and they will deal with it. If they don't you can act by yourself like we do here in Lebanon. If you have someone you know in the government ask him to shut it down. If you don't know an official, go shut it down yourself, be creative man.

Answer 10

Well, I assume you have already talked to the neighbor and it has not proved to be helpful. Your next step is going to be research. Go to your city or county offices and determine if the bike track is something that requires a permit or review of some kind. If so, file a complaint with the agency and see what happens. Noise levels are sometimes established by Cities and Couny's does yours have one? If so, does the neighbors use exceed it? File THAT complaint too, but be prepared to prove that in order to file the complaint. Nuiscence laws and abatement: Can you establish that the bike track is some kind of a noisy nuisence? (Are there other neighbors with similiar complaints / issues?) If so, another complaint. Remember ...You BOTH have the right to use and enjoy your land and home to the extent that the use by one does not prevent the reasonable enjoyment by the other of those same rights. If all else fails, get out the old cam corder and tape a few of the races.. Go talk to a lawyer and then, after you get it all down and ponder on how to present it, head down to the local court house and file a small claims lawsuit against the neighbor AND THE RIDERS if they are not neighbors for the maximum amount ($5k or so.. depends on your locale). At the very least that will get their attention, but if you win that should solve the problem.. if it does not, you can likely sue them AGAIN ... if they disturb you at a different time. good luck..... .