Neighbor harassment...

Kevin · #1 03-24-2004, 11:56 AM

I guess I should start off and say that this fella isn't even really a neighbor. He lives probably about a third of a mile away.

It all started when one of our guys was playing his car stereo in our parking lot to provide listening pleasure to the individuals playing and watching a volleyball game (we have a sand volleyball court probably around 15 feet away from our parking lot). He approached our member and wrote him a citizen's citation for a noise violation. The guy called the cops and our bro ended up with a $200 ticket. The city ordinance states that you can be cited if the radio can be heard more than 50 feet away (which in my opinion is BS because the level of ambient noise is what really determines what can be heard 50 feet away).

The guy has been turning up more and more lately. He's followed some of our guys from his house to ours to give them a copy of the noise violation law (which he distributes to everyone he can).

Last night, he came to our chapter house, walked into the living room (the front door was standing open) and started lecturing the guys there because he said one of our members had just driven by his house with their stereo blaring (NONE of our guys that were present had even been in their cars for the last 30-45 minutes or so).

I found and printed the state statute that covers harassment. I'll be instructing our house manager to give this fella a copy of it on his next visit. He fits the definition pretty well except for the last clause of the definition: "Harassment does not include constitutionally protected activity or conduct that seres a legitimate purpose". So my question ('specially for you law folks out there) is do you think that his contact serves a legitimate purpose? Or rather, where do you think the law would stand on this?

MysticCat · #2 03-24-2004, 12:07 PM

Quote:

Originally posted by ktsnake
So my question ('specially for you law folks out there) is do you think that his contact serves a legitimate purpose? Or rather, where do you think the law would stand on this?

It's really very hard to say. I would want to know a lot more about the law -- such as if and how that phrase had been construed by the courts, and what the entire law says -- and the neighbor's behavior. And I would be leery of any legal advice given over the internet -- especially from a lawyer, who should know better than to give advice without more info.

My strong suggestion is that you see if there is a Sigma Nu who is a lawyer anywhere in your area and see if he can give you some good concrete advice. My guess is that, if he is a Sigma Nu, he likely won't charge you. If not a Sigma Nu lawyer, perhaps you can at least find a Greek lawyer who would have some feel for your situation.

Good luck.

Kevin · #3 03-24-2004, 12:46 PM

Well, my dad's a lawyer. He's qualified to answer this question. However, I was interested in what some folks on here think. If anyone has any questions about the particular situation, please ask.

I just want opinions. Not to worry, nothing would be done without seeking proper legal advice

ZZ-kai- · #4 03-24-2004, 01:43 PM

Chances are, this guy is not wigging out on you because he just 'wants to be a dick', its because in order for your guys to hear the radio at a decent sound, it has to be cranked. Now to you, it sounds ok, but the bass travels a whole helluva lot further than 50 feet....probably that 1/3 of a mile.

Nothing pisses me off more than when a car turns the corner of my street 1/2 mile away and I can hear his stero. When its in front of my house, my pictures rattle....literally. Now that is ridiculous.

Citations, not cool. Asking for it to be turned down (one, maybe two times) is cool. If you guys were to blow him off, citations would be acceptable....in my opinion.

PS, please don't tell me your friend (with the stereo) is one of those guys whose stereo is worth more than his car? I hate those guys!

moe.ron · #5 03-24-2004, 01:57 PM

Maybe you can cite him for traspassing next time he come into the house unwelcomed.

winnieb · #6 03-24-2004, 03:12 PM

I agree with moe.ron, did the man just walk into the house? Regardless if the door was wide open that is not an open invitation to enter. I would check into the trepassing issue.

Colonist · #7 03-24-2004, 04:59 PM

Drive up his house at 4am every night for a week blaring music

Kevin · #8 03-24-2004, 05:37 PM

A few of our guys have "those" stereos. I've never really heard them blast them that loud. It's just ordinance left over from HS days.

It wouldn't be such an issue in my mind if the fella was doing this when it actually occured. Problem is -- if he hears anything around his house, he comes to us. Our guys are pretty careful not to do anything around his house because no one can afford a $200 ticket.

ZeroCool · #9 03-25-2004, 01:09 PM

People run across this problem at schools everywhere. In most case the college has been around longer than the neighbors have, but they still have a sense of entitlement. As you guys are kids and this guy is an adult, I couldn't see any law enforcment officials sympathizing with you. May be best to just try and get along. If you can't take it anymore, remind him that he probably paid less for his house as it is close a frat house. Did he expect you guys would be studying all the time? I hope it works out for you, but it would probably be best to work it out between your house and him. Leave the law out.

honeychile · #10 03-25-2004, 01:21 PM

I have teenage neighbors who have their stereos SO LOUD that the windows in the BACK of my house shake! And this is in a neighborhood where each yard has a minimum of 3/4 of an acre.

I have fantasies of either shooting out the jerk's tires (he has one of the big trucks with wide tires) or shooting out the radio. I'm pretty sure I can make the shot from my deck.

What I'm saying is, you may be perfectly within your rights (although, with the increase of early hearing loss, I doubt it), but you're dealing with a hot button issue. Pick your battles wisely.

Kevin · #11 03-25-2004, 01:52 PM

Well, I did get legal counsel on this one. Our first step is to get the house corp to write this guy a letter forbidding him to trespass on our property as he has done.

ZZ-kai- · #12 03-25-2004, 02:53 PM

Just wondering why you need a letter from your H.C.? Its clear to me, and probably everyone else in the public, that it is not his house and he shouldn't be there. Hang a no-trespassing sign on your window and knock his @ss out the next time he comes over 'uninvited'...either that, or call the cops.

Kevin · #13 03-25-2004, 04:07 PM

Because he has to be "forbidden" to enter the property. A letter is the easiest way to accomplish this.

LXAAlum · #14 03-25-2004, 05:21 PM

By all means - go the letter route - see if that helps.

If he keeps coming around - don't mess with it - call the cops, then an attorney and go after him for trespass and harassment.

Believe me, I know about this situation ALL too well (not from a noise perspective, but many know about my lawsuit with my wonderful neighbors - we're going to win it, too!).

Do your homework, document EVERYTHING, and have witnesses (non-members if possible to exclude bias) to everything that happens. And if it is potential evidence that may lead to some legal resolution - get the documents notarized immediately. It will show you are proactive to the situation.

Are there other chapters close to your house? You should all band together to watch out for this guy - sounds like he just wants to shake things up and power-trip over the "frat guys" - if you can band together and present a united front - most likely he'll back off. But do it right - don't intimidate, just make it known you'll retaliate (legally) whenever he does something to bother you guys.

Then, host a neighborhood event of some sort - if this guy is trying to turn neighbors of his against you - let them get to know you guys - BBQ, whatever - so they can see who you really are, but don't mention word one of your "special" neighbor....

Hope this helps.

Kevin · #15 03-26-2004, 01:52 AM

Dug up a little more info on him. He lives closer to the Alpha Xi Delta house. He's harassed them as well. Probably has been a nuisance to the other two houses on our side of campus. Apparently his non-affiliated next-door-neighbors like to play loud music and smoke marijuana right out on their front porch. Strangely, this doesn't bother him.

What a dick