City Ordinance
There are small claims courts that would welcome your case. If your neighbor’s noise causes you extreme discomfort then you can sue them for nuisance. The lawsuit would order them to stop the noise and would require them to pay a good amount to compensate for the nuisance and interference you experience in your home.
The amount of money you can ask for in small claims court is limited, between $2,000 and $5,000 in most states.
Sec. 10-20. Noise violations
Yelling, shouting, etc. on streets. Yelling, shouting, hooting, whistling, or singing on public streets particularly between the hours of 11:00 p.m. and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort, orrepose of persons in any hospital, dwelling, hotel, or other type of residence, or of persons in the vicinity.
ARTICLE I. NUISANCES
Sec. 10-1. Nuisances defined.
The following conditions are declared to be nuisances:
(1) Toilets, plumbing, sewers, septic tank systems, garbage containers or any other sanitary systems in bad repair.
(2) Any dead or decaying matter, fruit, vegetable, animal, or rodent, upon premises which is odorous or capable of causing annoyance to the inhabitants of the city.
(3) The generation of smoke or fumes in sufficient amounts to cause odor or annoyance to the inhabitants of the city.
(4) Trash, garbage, refuse or any foul, decaying or putrescent material kept, used, or placed or disposed of in such a manner or place as to be or to become detrimental to human health or well-being.
(5) Sewage, kitchen wastes, laundry wastes or any other wastes deposited upon or allowed to remain upon the ground surface or any other place so as to be or to become detrimental to human health or well-being.
(6) Maintaining a dangerous or diseased animal or fowl.
(7) The disposal of any material, refuse, or filth in any manner that does not comply with article II of this Code.
(8) The creation of unreasonably loud, disturbing, and unnecessary noise, or any noise that is of the intensity or duration as would be detrimental to the public peace or welfare, as set forth in article III of this Code.
(9) The keeping of any swimming pool that does not comply with the provisions set forth in article IV of this Code.
(10) To keep in any place accessible to children any abandoned, unattended, or discarded icebox, refrigerator, or other like container, unless the doors, latches, and locks thereof are removed.
(11) All walls, trees, and buildings that may endanger persons or property.
(12) Violation of the DeKalb County Ord. No. 93-32, adopted by the county on November 10, 1992, known as the "DeKalb Clean Air Ordinance," which are incorporated herein by reference.
(13) Any other nuisance that as defined by the laws of the State of Georgia.
(14) Any property or structure that by virtue of its overall condition is disorderly or in violation of other ordinances of the city and which would tend to constitute a breech of standards adhered to by other properties or structures in its neighborhood or immediate area.
(Ord. No. 274, § 1, 9-2-03; Ord. No. 318, § 1, 12-7-06)
Sec. 10-2. Same--Violations.
No person shall create, maintain, support, aid, or continue any condition that constitutes a nuisance as defined herein.
(1) If the owner or occupier of any such property where a nuisance shall be found fails to abate the nuisance within ten (10) days after having been notified by certified mail in writing by the mayor or the mayor's designee, such failure on the part of the owner or occupier of the property shall constitute a violation of this section; provided however, that upon the fourth occurrence of a violation upon the same property within any twelve- month period, the ten-day grace period to abate the nuisance shall not apply and the violating party shall be subject to immediate citation for such offense.
(2) If the owner or occupier of such property fails to abate a nuisance after being notified as hereinbefore described, the city is authorized to enter upon such premises and clean, abate, or remove the nuisance where appropriate, which shall be done at the expense of the owner or occupier of said property.
(3) If any nuisance exists on any premises which creates an imminent threat of harm to the safety or well-being of others, the city is authorized to enter upon such premises and clean and remove the nuisance without providing notice to the owner or occupier of said property, which shall be done at the expense of the owner or occupier of said property.
(4) Any person, firm, or corporation that shall do anything prohibited or fail to do anything required by the provisions of this article, as they now exist or as they may hereafter be amended, upon conviction of a violation in the mayor's court shall be subject to a fine and/or imprisonment in accordance with section 1-7 of this Code of Ordinances. Where any offense or violation continues from day to day, each day's continuation thereof shall be deemed a separate offense.
(Ord. No. 274, § 1, 9-2-03; Ord. No. 287, §§ 1, 2, 12-7-04)
Secs. 10-3--10-9. Reserved.
ARTICLE II. OFFENSES AGAINST PUBLIC PEACE AND ORDER
Sec. 12-20. Disorderly conduct.
It shall be unlawful and shall constitute disorderly conduct for any person within the city limits to violate any of the following provisions of this section:
(1) To act in a violent or tumultuous manner toward another whereby any person is placed in fear of safety of his life, limb or health; or
(2) To act in a violent or tumultuous whereby the property of any person is placed in danger of being destroyed or damaged; or
Friday, April 3, 2009
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