Drugs, Crime and the Nuisance Ordinance

[Charyn Varkonyi]

You pose a good question about what constitutes a nuisance, Jeff.

In this, and other, cities where I have rented and/or owned property it has been commonly stated that any activity which is disturbing to the neighbor such that it causes them discomfort can be considered a nuisance.

It is also common for the type of activity to be judged, as well as the time of day. For example, a birthday party once a year on a Saturday afternoon is a lesser offense than a weekly kegger than runs until four AM.

Another common measure seems to be whether the amount of noise can be heard inside of an adjacent residence - or between floors of a multi-unit complex.

It certainly can be subjective, however, I think the thing to remember is that what you may find to be normal could be considered horrible by your neighbors. As an example - my son skateboards so the noise of the board on the driveway doesn't phase me; however, I try to remain aware of what our neighbors are doing and the potential impact the skating can have on their enjoyment of their property. Are they bar-b-qing? No skating... Are they entertaining guests (inside or out)? No skating... Are the doing yard work? Skate away... etc.

If they were to ask me at ANY time to have my son skate elsewhere, I would feel bound to do so to ensure that my activities do not disturb my neighbors, and I would (and do) expect the same consideration from them.

At some point we have to let go, and trust that the police are trained and competent enough to do their jobs and to make reasonable judgments when individuals cannot. And if they dont like the level of enforcement - let them live elsewherre. If we cant do that, then we have greater problems than whether or not Suzi's weekend pool parties are disturbing Mr. Grumpsalot.

FFT

Peace,
~Charyn

[Jeff Endress]

Charyn

Years ago, with the advent of the Big Wheel, every Saturday morning I was awakened by the sound of hollow plastic wheels going
KERTHUNK up and down Virginia. I considered it disturbing. Never called the police though. I've found one sure way to eliminate neighbor complaints about your party is to invite the neighbors to the party!

But those types of issues really center around periodic inconsideration....something that we all are guilty of without even recognizing we've done it. THe nuisance issue is really geared more towards ongoing and habitual "breaches of the peace"

Jeff

[Jim O'Bryan]

Another common measure seems to be whether the amount of noise can be heard inside of an adjacent residence - or between floors of a multi-unit complex.
~Charyn

Charyn

I also think it has everything to do with the time of day. I rarely hear a call go out that is answered by police until about 9:30 at night. The exception would be arguments that always get answered no matter what. Then the police usually give the offender a couple chances to lower the noise.

I have never heard of them taking anything that would report decibels, so that it would seem much of it is subjective in the complainer, and the backup would be the subjectivity of the police answering the calls.

So your description would be right on.

Jeff

We used to have two groups that would have mini Woodstocks every year, but rarely did the police get called in. One would ask why, and the answer would be is both groups would invite all neighbors within hearing distance to come and join the party.

One was our tenants, and it would be amazing at 3:00am to see 100 of their closet friends celebrating October Fest, with the occasional neighbor downing a beer and a brat.

The other was our current Law Director who had no official position at the time, and his brother.

Both parties were loud, but no trouble ever happened that I remember, and were generally fun loving and very peaceful in nature. On a 1-10 scale I would put them both at 9.9 in fun and volume.

FWIW


.

[Danielle Masters]

rarely hear a call go out that is answered by police until about 9:30 at night. The exception would be arguments that always get answered no matter what.

This is actually an interesting topic as we recently received a visit from the police department. It was a few weeks ago. All five our my children were playing in the backyard. They two friends over also. It appears someone called the police because they were playing too loud. It was 4:30 in the afternoon, I was shocked they would even respond to a call like that. Luckily for me when the police arrived my neighbor was out front and the children had gone inside to play when they arrived so I didn't have to speak to them. I was furious when he told me about the call. I am shocked that neighbors would call the police on us. We are respectful. We make sure our children stay out of others people yards. If they are in the front playing they must always pick up their things before they go in and I do try and tell them not to scream or yell too loudly, but I also believe a lot of problems in society are due to kids not being kids and I plan on keeping mine young as long as possible. I spoke to my councilperson a few nights later because I was worried about the ordinance. He told me not to worry that there had to be three citations issued, it wasn't just three calls. So I don't know what the moral of this story is, but I would recommend that if you are having a problem with children playing in their own yard too loudly it might be nice to talk to the parents first before you call the police. BTW on Saturday one of the neighbors came over and told me how nice it was to see children playing on the street again, so at least someone else appreciates the joys of childhood.

[Charyn Varkonyi]

but I would recommend that if you are having a problem with children playing in their own yard too loudly it might be nice to talk to the parents first before you call the police

That is such an important part of the equation!

I could never call the police on a neighbor that I have not made a polite request to first. And in virtually every instance, any reasonable and polite request is accepted!

While I KNOW this is not a workable solution - wouldn't it be great if the police could refuse a call until people have at least attempted to communicate between themselves?

Caller: "I have a complaint about children raising a ruckus across the street!!"

Dispatcher: "Have you gone over there and talked to the parent?"

Caller: "Well.. NO - That's your job, you go talk to them and tell them to keep it down!"

Dispatcher: "Sir - until you at least TRY to talk to your neighbors to achieve a resolution, we cant help you!"

*sigh*

But anymore we (as a society) are often to scared to talk to our neighbors. And even when we do, we are often too sacred to say anything that might be upsetting.

With the heavy publicity given to all of the bad events (like Granger) and very little media/press time given to all of the great events (like block parties) - it is little wonder that we fear others.

And so the bullies and ***** prevail because people are already intimidated... half the bullies' work is done... which only reinforces the intimidation of the people...

etc., etc., etc.,

Until large groups of citizens are ready to take back their homes, their streets, and their communities... I believe we only see more of this.

ok - enough senseless rambling for today...

Have a good weekend all!
~Charyn

[dl meckes]

I'm sure that you would probably speak to your children if they shouted obscenities every time they saw certain neighbors or if your children spray painted obscenities or swastikas on the sidewalks or street, or threw eggs at certain targeted houses and cars.

However, not all parents seem to care.

Sometimes speaking to your neighbors escalates hostilities as much as calling the police.

Some neighbors are flat-out crazy.

Calling the police on loud children at 4:30 in the afternoon seems over the top.

Police respond to EVERY call. That's their job. Normally the kind of encounter Ms. Masters had, while infuriating, was handled professionally and sympathetically.