I live out in the county where there is no existing local noise ordinance. There is a neighbor down the road who has decided they don't want "people with no business" being in their driveway. Their solution was to install a motion detector connected to an obnoxiously loud alarm/siren, at the end of their driveway. This thing goes off intermittently all day, everyday for the last 8 months. It goes off any time they come and go, their visitors come and go, the UPS truck comes and goes, an animal walks by, etc.
I finally called the people and explained that it was quite disruptive and most folks move to the country for peace. I told them that it could be heard way over on my property which, as a straight shot through the hills is probably .25mile away (that's how rediculously loud it is). When it goes off, it sounds like it's in the woods directly behind my home.
My requests for them to be a good neighbor and remove their nuisance has fallen on deaf ears apparently as the alarm continues to go off intermittently every day, all day long.
Since there is no noise ordinance in place for where I live, I am looking to the Indiana law IC 32-30-6.
http://www.in.gov/legislative/ic/cod.../ar30/ch6.html
Here a nuisance is defined as:
Nuisance described and considered subject to an action
Sec. 6. Whatever is:
(1) injurious to health;
(2) indecent;
(3) offensive to the senses; or
(4) an obstruction to the free use of property;
so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance, and the subject of an action.
I think point number 3 and the last sentence apply to this situation.
It also states that:
Nuisance actions; plaintiffs; attorney's fees in certain actions
Sec. 7. (a) An action to abate or enjoin a nuisance may be brought by any person whose:
(1) property is injuriously affected; or
(2) personal enjoyment is lessened;
by the nuisance.
(b) A civil action to abate or enjoin a nuisance may also be brought by:
(1) an attorney representing the county in which a nuisance exists; or
I take this to mean that I can seek an action to abate, since I am the person whose personal enjoyment is lessened.
It also states that a civil action may be brought by an attorney representing the county.
Since I am an average property owner of meager means, I don't really look forward to trying to take the nuisance neighbors to court. Is there any way that the county can be compelled to bring a civil action against the neighbors, under this state law? If so, who do I contact?
I have been told that the Sheriff's Dept. won't be of much help since there is no noise ordinance. Are they in any way obligated to enforce this state law? I imagine only if a succesful action is brought against the neighbors.
Just looking for some feedback.
Thanks.
Neighbor noise nuisance
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