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Q: Laws and legal remedies: Homeowner with VERY LOUD DIRTBIKER NEIGHBOR. ( No Answer,   7 Comments )
Question  
Subject: Laws and legal remedies: Homeowner with VERY LOUD DIRTBIKER NEIGHBOR.
Category: Relationships and Society
Asked by: ohpuleez-ga
List Price: $25.00
Posted: 23 Feb 2005 11:41 PST
Expires: 25 Mar 2005 11:41 PST
Question ID: 479506
I am a homeowner in Joshua Tree, California (San Bernardino County). 
I live in a semi rural neighborhood/residential area (SUNFAIR ESTATES)
in which each homeowner's lot size is approximately 3 acres. There is
no neighborhood association.   I need to determine which local,
county, state or federal laws or ordinances might be applicable to my
situation:
My neighbor - a part time or weekend resident - is allowing his
friends (often 6-7 people riding Off Road Vehicles at the same time)to
use his property as a gathering and riding place for dirt bikers and
off road vehicle users, thus creating a tremendous noise and dust
problem.    I have asked this neighbor to cease and desist DISTURBING
THE PEACE to no avail.  The local law enforcement agencies seem
inconsistent in how disturbing the peace complaints are handled.   I
need information on legal remedies and any applicable laws.   THANK
YOU!!!

Request for Question Clarification by cynthia-ga on 24 Feb 2005 02:51 PST
Do you live inside the city limits?

Clarification of Question by ohpuleez-ga on 25 Feb 2005 12:28 PST
Clarification req. by cynthia-ga:    I live just outside the city
limits but in a residential area.   Thanks!
Answer  
There is no answer at this time.

Comments  
Subject: Re: Laws and legal remedies: Homeowner with VERY LOUD DIRTBIKER NEIGHBOR.
From: redhoss-ga on 23 Feb 2005 12:05 PST
 
Things are going to get ugly.
Subject: Re: Laws and legal remedies: Homeowner with VERY LOUD DIRTBIKER NEIGHBOR.
From: tutuzdad-ga on 23 Feb 2005 12:50 PST
 
I have to wonder if this June 10, 2004 proposal was ever adopted:

http://www.joshuatreevillage.com/334/noise.htm

tutuzdad-ga
Subject: Re: Laws and legal remedies: Homeowner with VERY LOUD DIRTBIKER NEIGHBOR.
From: daniel2d-ga on 24 Feb 2005 00:14 PST
 
Do what any red- blooded American would do in this situation - Sue the
bastared for causing a nuisance.
Subject: Re: Laws and legal remedies: Homeowner with VERY LOUD DIRTBIKER NEIGHBOR.
From: cynthia-ga on 24 Feb 2005 03:05 PST
 
Maybe the Joshua Tree Citizen Patrol could help you out:
http://www.joshuatreevillage.com/328/328.htm
..." Within the station's area of responsibility are the incorporated
communities of Yucca Valley and Twentynine Palms as well as the
unincorporated communities of Morongo Valley, Landers, Johnson Valley,
Joshua Tree, Wonder Valley, Pioneertown, Amboy/Cadiz, and Flamingo
Heights..."

Some of the unit's responsibilities include:

    * Providing vacation checks on residents' homes while out of town
    * Extra patrol to areas experiencing community problems
    * Home security inspections (checking locks, windows, lighting, etc.)
    * Business checks to businesses after hours
    * Welfare checks to elderly folks and shut-ins
    * Traffic control during accidents, power outages and flooding
    * Crime scene containment Assist the Crime Prevention Officer with
safety programs, such as Neighborhood Watch
    * Provide a safety booth during special events (pass out
literature and provide child fingerprinting)

Arden Wiltshire
Police Service Specialist
Town of Yucca Valley Police Department
(760) 366-5709
Subject: Re: Laws and legal remedies: Homeowner with VERY LOUD DIRTBIKER NEIGHBOR.
From: gozzy11-ga on 24 Feb 2005 06:23 PST
 
when are they riding the motor cycles? if its durring the day, you may
have limited recourse, you could try a nusinse claim but that means a
lawyer cash and small chance of winning for you have to document the
noise, the level of the noise and its frequency, plus on the other
side as long as its legal to ride motor bikes in the county the
property owner has the right to use his land for legal use, and the
recourse you will be asking the court for a restraining order to stop
that type of conduct, which is legal on his own property, plus if its
semi rural and during the day  be prepared to spend money to retain a
lawyer and still may loose
Subject: Re: Laws and legal remedies: Homeowner with VERY LOUD DIRTBIKER NEIGHBOR.
From: spazman604-ga on 26 Feb 2005 04:07 PST
 
As a former Planning & Zoning Offical in my town, we ran into the
exact problem you were having. Frustrating as it is we had no noise or
nuisance regulations on the books and our local law enforcement was
powerless to intervene. What ended up happenning was the aggrieved
neighbor started to document ALL contacts complaints,correspondence,
etc and began the process of creating regulations in both the
municipal and zoning levels. Meanwhile privat legal remedies were also
filed to bring pressure to bear on the abusers. Keep in mind, that
when word spread that "extremely" restrictive regs were about to be
enacted you'll be amazed at how many ethusiasts will show up to offer
solutions.
Subject: Re: Laws and legal remedies: Homeowner with VERY LOUD DIRTBIKER NEIGHBOR.
From: bozo99-ga on 28 Mar 2005 11:36 PST
 
I don't know your local laws but someone in the UK has stopped similar
activityu by discovering that the land in question did not have the
necessary planning permission.

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