It’s 5:32am on a Saturday morning — and we’re awake. Why?
Because the next door concert started at 5:10am. Microphone (with feedback), amps, drums, singing, bass. You can hear it all over our house (not just in the back, where it is vibrating through the rooms) but also in the street, bouncing up and down the houses.
I turned up the kids’ white noise sounder, got Kate back down before she was up too much, and Paul went next door. (Third time this week.) The neighbor completely ignored it, again. So much for his initial promise of “it will never happen again.” (This is what he said after I showed up on his doorstep after midnight on a Thursday night with a blurry-eyed Kate in my arms.) Either he suffers from short-term memory loss, is a compulsive liar, or by “never happening again” he meant his apologizing.
We spoke to a friend of ours who is friends with a local Sheriff earlier in the week. Don’t know what has happened with all of that, but this morning we called the dispatcher (who could hear the music over the phone).
I think we are much more understanding at night. In the morning, particularly at 5am, we’re not so much. At this point, benefit of the doubt has flown out the window. As far as we can tell, all he has shown his neighbors is that he’s an arrogant jerk who couldn’t care less about anyone else.
UPDATE: 5:44am. Will, tired and cranky, is now awake.
Continued update: Kate woke at 5:50am. The music stopped a little after 6am.
The police arrived at 6:45am. They were very, very nice and quite understanding. They went to the door and were irritated that no one answered it after repeated rings and knocks (despite them seeing someone peer out the window at them) and clearly saw the equipment set up inside. We apologized for having to contact them and said that we had tried to settle things ourselves through talking and trying to ask for consideration, explaining that because it kept happening in spite of the promise of it “not happening again,” we felt as if we were being put in a confrontational situation. They encouraged us to keep notes, video, and sound measurements and to keep calling.
Later in the morning, I saw Said Neighbor. I said that we’d try to talk to him at 5 this morning. “Was it really 5 in the morning?” he answered. “5:10am. It woke the kids.” “Jeez, wow,” he uncomfortably offered, “it’s not good, waking the kids.” “No, it’s not,” I agreed. He gave another promise about it not happening again, I confirmed that this is exactly what we hope, too. Later, his daughter (who must have shown up this morning) came out and we spoke to her a bit (she is very sweet and I think was looking for a playmate.) And that was it.
This is a seriously sucking situation. Aside from the late-night (and now early morning) music sessions, he is a great neighbor. He’s fixed more in, on and around the house than the builder and owner — and did so very quickly. He’s generally nice, obviously easy-going. It makes all of this mess even more irritating and odd.
laloca | 13-Oct-07 at 5:01 am | Permalink
sounds like a plain violation of a noise ordinance to me. keep calling the sheriff’s office.
Chris | 13-Oct-07 at 8:35 am | Permalink
Dial-A-Tort …
Document each and every time you visit the neighbors/call the police. Keep a brief diary (“visited them, 5:13 am, whatever”) and see if you can make a brief recording of the noise when it occurs, and note the time (via tape player, videocam, whatever).
Both pieces of evidence can be valuable. Even if you decide to not seek an injunction (see below), a visit to your sheriff’s precinct office with a page full of notations and audiotapes might shame them into action.
And if/when the sheriff’s don’t respond, you could perhaps seek judicial relief by seeking an injunction on the basis of the noise ordinance. Obviously this keeps happening because the jerk is calculating that there will be no consequences for his actions … and so far, there haven’t been, so call his bluff (i.e., a big fine or going to jail after the first violation of the injunction). You may wish to consult a lawyer-friend/JD.
Never give people the benefit of the doubt, Holly, when what they’re doing is blatantly jacked up. Set the pattern early that this won’t be tolerated. Otherwise people get comfortable, like the dog that pees on the rug. I had a certain problem with a neighbor, and rightfully calculated that my peace of mind was far more valuable than my popularity.
Better to be the “bi-otch” whose family can sleep peacefully than the nice person whose child is screaming at 5 am.
Leigh C. | 13-Oct-07 at 10:10 am | Permalink
Oh, no!
Even my former drummer neighbor wasn’t THAT inconsiderate.
Chris is right: approach, document the encounters, and agitate. Know your rights and remind this human noisemaker that he lives in a neighborhood and other people need to get their sleep and their rest. It is not all about this asshole.
Cold Spaghetti | 13-Oct-07 at 11:29 am | Permalink
Thanks, guys!
I *hate* being in this situation and feel as if he is totally taking advantage of us. It also irritates me that he acts so dumb about it… can’t he just be honest and come clean? Then, at least, we could deal with things like adults. I think his vision for the place was as a party palace (that’s how he’s selling it to some the neighbors he’s been mackin’ on) and consideration for others isn’t really on the radar. We shouldn’t have to feel like the narcs who busted up the dorm party… at some point, everyone has to grow up!
*thanks for the support as I vent… or how to you day it, Leigh? Kvetch?
Chris S. | 13-Oct-07 at 12:19 pm | Permalink
Hell, maybe I *should* go to Tulane. Torts-a-jumping down there! I could clean up, like Billy Flynn in Chicago …
… except for that little problem of my family disowning me if I break another slippery promise to return to Texas. Check the blog.
*****
Billy Flynn: Objection!
Judge: Sustained.
Prosecutor: Your Honor, I haven’t even asked a question yet.
— from “Chicago”
Leigh C. | 13-Oct-07 at 8:13 pm | Permalink
Yup, it’s kvetching, pure and simple. But they guy’s being a schmuck, so it’s justified. 😎