Dear Red Phone,
My question is regarding a neighbor who plays (several instruments) annoying music several times a week between 6 p.m. and 10 p.m. This has been going on for several years and we would like it to stop. I’ve approached these folks in the past on other issues which did not end well. So, I believe if I was to complain to them they would just turn the volume up on their amplifiers; not an option. Any suggestions?
Thanks
Annoyed!
Red Phone:
Dear Annoyed,
Sometimes you just have to face the music.
You might not have much legal recourse to get your neighbors to turn down the band at the times you listed. The City’s municipal code (Section 8.28.040) only prohibits the playing of musical instruments “in such a manner as to be plainly audible at a distance of 50 feet” away from their source, between the hours of 11 p.m. and 7 a.m.
Morgan Hill police are responsible for enforcing the City’s noise ordinance, which covers a list of specific noises including construction noise, vehicle exhausts, auto body repairs and animals.
If you suspect a noise violation is occurring, you can call the police department at (408)779-2101. The responding officer has to observe the allegedly annoying sounds and agree that a violation has occurred, according to Morgan Hill Detective Mindy Zen.
“If the caller is saying it’s going on all the time, and it’s annoying, and if (an officer maintains) it’s reasonable for the reporting party to be bothered by it, we’ll issue a misdemeanor violation,” Zen said.
She added that sometimes the responding officer has discretion to decide whether the allegedly offending sound is unreasonably loud.
If you don’t want an officer to respond to the scene of the noise, you can alternatively file a citizens complaint at the police department against the annoyingly loud suspect, Zen said.
