The family in the house next to ours opened a daycare. Since then, our
quiet neigbourhood became very noisy because of children playing in
the backyard
immediately bordering our backyard. The noise becomes especially intolerable
when we come home from work (say 5:00 pm to 8:00pm). Apparently, this
time the children are allowed to get outdoors and play. But this is
exactly the time when we come home from work and want to relax.
Generally, our neigbours are nice people and we are hoping to avoid a
direct confrontation or conflict. However, we would like to know our
options, legal or other, to solve the problem. We live in Silver
Spring, MD, 20904 (Montgomery County). Thank you

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Request for Question Clarification by czh-ga on 22 Jul 2005 21:47 PDT

Hello seth3116-ga,

Have you spoken to your neighbor about your concerns? How did she
respond? What do the neighbors on the other side think about the
situation? Is your home part of a neighborhood association with with
restrictions known as codes and covenants (CC&Rs)? How long has the
situation existed? What have you done so far to mitigate the noise
from your side?

I look forward to your clarification.

~ czh ~

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Clarification of Question by seth3116-ga on 23 Jul 2005 03:48 PDT

I have not yet spoken to my neighbour, because I want to avoid risk of
immediate confrontation. At this point I do not know whether or not I
have any legal ground for my discontent, and before knowing that I do
not want even to begin negotiations. If I learn that the law is on my
side in at least some kind of limited sense, then I can approach my
neghbors and say that they violate certain rules. GA is my first
action in this direction.

The situation exists for about half a year. 

"Is your home part of a neighborhood association with with
restrictions known as codes and covenants (CC&Rs)"

My home is a part of homeowner's association. The concept CC&Rs is new to me.

"What have you done so far to mitigate the noise from your side?"

There is now noise from my side: no young children, no loud music, no
noisy parties, just lawn mowing once a week.

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Request for Question Clarification by czh-ga on 23 Jul 2005 13:01 PDT

Hello seth3116-ga,

Since your home is part of a home owners association I suggest that
you review the CC&Rs that the association members are bound by. Here
are some explanations and examples discussing the difference between
zoning laws and association restrictions.

Good luck.

~ czh ~


http://www.dklaw.com/Articles/LHE_WRL_Subdivision_Restrictions.asp
Residential Real Estate Purchases and
Neighborhood Restrictions

http://users2.ev1.net/~cardiff/w3/land/tour/restrictions.html
USE AND OCCUPANCY

http://www.sunlandgolf.com/SLOA/ccrsccrs.htm
AMENDED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF
RECORD OF SUNLAND DEVELOPMENT

http://www.ci.gardena.ca.us/government/Community%20Development/hoppermit.asp
Home Occupations Permitted

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Clarification of Question by seth3116-ga on 31 Jul 2005 01:26 PDT

What is going on with my request? Is anybody working to answer my question?
I have not heard anything for more than a week. Before that I have only seen 
a couple of comments and a couple of jokes.

Most cities have zoning regulations which limit the kinds of
businesses that can operate in residential areas. You might check to
make certain that your neighbors are complying with such regulations,
and with state and local laws regarding the licensing of childcare
facilities.

Do check if your area also has laws regarding noise levels.

Also check with the Department of Social Services to see if the
daycare center is licensed.

Get ear plugs
- amazingly they work, and it could have interesting side effects

The Montgomery County, MD noise ordinance prohibits noise over 65
decibels during the hours from 9 am to 7 pm, and over 55 decibels from
7 pm to 9 am in a residential area. Children yelling or screaming
might possibly exceed this level. A screaming baby, for instance, can
get up to 115 decibels.
Here's a copy of the Montgomery Co. noise ordinance:
http://www.nonoise.org/lawlib/cities/md/montgomeryco_md.htm It gives
information on what to do if you believe you have a valid complaint.