User Panel
Posted: 4/29/2019 10:16:13 AM EDT
I live in the country where shooting is allowed : 3 years ago a couple moved in on the Property next to mine. Within a month of moving in he was calling police about their lives being in danger.
Long story Short : I was required to appear before a magistrate: Presented my case and won . Unfortunately the guy kept calling the Police . Between State and County a combined 28 times . In a 3 month period. On the basis of a report I was firing High Powered Rifles just prior to their arrival. Police on 2 separate occasions came like swat to My Home at 3 Am and 4:AM in the Morning. Shining lights and beating on My front and back doors. Even though it was obvious both times they woke us up, I wasn't treated with much respect. Although I was not aware of it. This led to me being Investigated by the Prosecutors office. I received a letter in the mail from them. It stated they had me under surveillance and found no evidence to suggest I was guilty of any wrong doing . The Letter went on to ask if I'd be willing to go through Mediation with this Neighbor. So I used the supplied contacts and went to Mediation. Needless to say the neighbor accused the Mediators of taking My side. They weren't, but I was offering all sorts of concessions to resolve his issues . He was nothing but Obnoxious . Mediation was a waste of time and the Counties Money. Two Weeks after The Mediation date I received a Letter from the Prosecutors office . I was thanked for going to mediation and told in very plain language . The Neighbor's complaints were without Merit . So the case against me was being closed . A year later I receive a Letter from the township Zoning department . It says My property has been metered and I am violating an 85 Decibel Sound Ordinance. That I must cease and desist immediately. I can't find any information on this at all. It actually doesn't make sense . A Tractor, Lawn Mower, Chainsaw etc all make way more then 85 Decibels: I read an article that stated yelling was 90 decibels. I'm just assuming : My guess is this neighbor is telling the Township I have been shooting at night . Because it makes no sense 85 Decibels is a day time limitation. In the meantime Neighbors all around continue shooting . I am wondering how to pursue this . It makes no sense if we are allowed to shoot. How they could limit the noise to that degree. Also HOW CAN THEY METER MY PROPERTY? Wouldn't that consist of some pretty expensive equipment? I do know the letter is legit . It doesn't seem like they could enforce this on Me when everyone else continues to shoot. I also don't shoot rifles at home. Strictly 9mm and not all day everyday . ANY IDEAS? |
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Stop shooting or be prepared to start writing some checks for attorneys.
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Lwyer up. Sue for harrassment. Stress. Anxiety. Sleep deprivation et al
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Talk to the Zoning department, find out when they metered you. Tell them you don't know what your suppose to stop doing without specific information.
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Ongoing harassing by neighbor, for years, go get a restraining order.
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find out where the meter was, time of day, weather conditions, what make and model of said merter and when was it last calibrated. the dsitance from thedevice being metered to the source of the noise.
I would also install good security cameras that record 24 7 |
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find out where the meter was, time of day, weather conditions, what make and model of said merter and when was it last calibrated. the dsitance from thedevice being metered to the source of the noise. I would also install good security cameras that record 24 7 View Quote |
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My guess is this neighbor is telling the Township I have been shooting at night. ANY IDEAS? View Quote |
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Find out how from a lawyer you can tell your neighbor you're going to shoot as often is legal, and the only time you won't is when his property is being shown for sale.
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Stop shooting or be prepared to start writing some checks for attorneys. View Quote |
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find out where the meter was, time of day, weather conditions, what make and model of said merter and when was it last calibrated. the dsitance from thedevice being metered to the source of the noise. I would also install good security cameras that record 24 7 View Quote |
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Speak with an attorney for sure, there may very well be some illegal activities going on but I think they may be being perpetrated by your neighbor.
I would make life hell for that asshole. (Through strictly legal avenues of course) snicker snicker. |
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Why should I stop? I've went out of my way to appease this guy : I even cleared out an extra 100 yards of trees . So I could be farther away : The land here is 10 acres plots : 330 ft of Frontage : I have 660 . Neighbor has 265. The guy next to him has 660 like I do. He shoots for hours at a time . I checked : He's received no letter or no late night early morning visits by police. Infact as I type he's out shooting > View Quote View All Quotes View All Quotes Quoted:
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Stop shooting or be prepared to start writing some checks for attorneys. |
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Ordinance can likely be found online so you should probably look then meet with Zoning to hear the concerns. Things over 85 would include things like almost every large truck, slamming a door, lawnmowers, etc there has to be a large exemption list. Also the ordinances are not enforceable in all states.
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Any idea why your continued existence pisses him off and your other neighbor does not?
Do you rapid fire and the other guy slow fire? Does the complaintant think he's downrange and in danger? Or did you just have the bad luck to be the first one he called to complain about and he can't stand to lose so he keeps trying to beat you? |
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We have a 100 decibel limit here at your property line.
I have been through this with my motorcross track and with my gun range on my 75 acres. First download a free app for your cell phone and have someone shoot what you normally shoot while you take a measurement with your phone, it is not admissible but it will give you a general idea. I had to pay a certified dude with a certified decibel meter to prove to the town I was under the 100 db limit, gun range and track are still there. 85 decibels is alot, most likely it is in your state statute and the county or town is using it for enforcement. If you are under that 85 decibels then talk to a lawyer, he will want a retainer but you will have to go after the guy with a vengeance to recover your legal fees. The highest we recorded on my range and my dirt bike track was 68 (certified) but they are 300 yards from my property lines. The certified dude charged me around $2500 for a days recording and metering with a certified results report. Good luck man, give no quarter Attached File |
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We have a 100 decibel limit here at your property line. I have been through this with my motorcross track and with my gun range on my 75 acres. First download a free app for your cell phone and have someone shoot what you normally shoot while you take a measurement with your phone, it is not admissible but it will give you a general idea. I had to pay a certified dude with a certified decibel meter to prove to the town I was under the 100 db limit, gun range and track are still there. 85 decibels is alot, most likely it is in your state statute and the county or town is using it for enforcement. If you are under that 85 decibels then talk to a lawyer, he will want a retainer but you will have to go after the guy with a vengeance to recover your legal fees. The highest we recorded on my range and my dirt bike track was 68 (certified) but they are 300 yards from my property lines. The certified dude charged me around $2500 for a days recording and metering with a certified results report. Good luck man, give no quarter https://www.AR15.Com/media/mediaFiles/413300/Screenshot_20190429-144412_Sound_Meter_jpg-928651.JPG View Quote This guy is a Jerk : He tried to take me to court claiming My backstop wasn't safe if he was out on his property : It's 25 yards wide and 9 feet tall and 30 feet deep. Huge mound of sand and clay which is a big grass mound now. He lost in Civil complaint that he tried to get to be a Criminal one. Prosecute told me to My face the guys a trouble maker. They as I said in the OP drop the case : Thanks again |
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Also HOW CAN THEY METER MY PROPERTY? Wouldn't that consist of some pretty expensive equipment? View Quote Real calibrated ones are a couple times that. They can park in front of your house and point it at your yard. Reading gunfire is actually harder to do and might take some even more expensive equipment. If they used a cheap meter gunfire will actually be far louder than what they can read. Not out of reach for a local government. If they passed a nose ordinance they have to get equipment to allow it to be enforced. |
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The neighbor used one according to them. Probably on his cell phone. I know Gun fire is hard to read : I have had gun shots go off 10 ft from me when I wasn't planning and had no ear protection. While it was loud My ears weren't ringing like they would be if I'd been shooting with no ear protection. And I just found the law and it states noise within 50 ft of his property residence : Which is easily 100 yards sideways and I am 80 yards downrange shooting away from the property line:
I just spoke to the commissioner of our Township who is a shooter himself. He Owns a range and Gun Shop : He informed me today this guy is claiming I am out at night shooting and then running back inside. Yet he has no video because I'm not : So it's my understanding this is due to that accusation : Noise after dark. This guy last summer complained about noise at a party 1/4 mile away > Granted it was 2AM in the morning : But it's the country. Not the suburbs. We even have farting Cows :) I'm going to go out right now and shoot a round. I have a meter on my cell phone : It says right in the Instructions Not a professional Meter . Levels can vary 10 DB or More Using an I Phone 10 |
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Pop a cap in his ass and give him something to complain about.
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do you have a copy of your townships noise ordinance ? an Iphone is not an accurate meter for reading sound pressure levels
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Why should I stop? I've went out of my way to appease this guy : I even cleared out an extra 100 yards of trees . So I could be farther away : The land here is 10 acres plots : 330 ft of Frontage : I have 660 . Neighbor has 265. The guy next to him has 660 like I do. He shoots for hours at a time . I checked : He's received no letter or no late night early morning visits by police. Infact as I type he's out shooting > View Quote View All Quotes View All Quotes Quoted:
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Stop shooting or be prepared to start writing some checks for attorneys. |
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Why should I stop? I've went out of my way to appease this guy : I even cleared out an extra 100 yards of trees . So I could be farther away : The land here is 10 acres plots : 330 ft of Frontage : I have 660 . Neighbor has 265. The guy next to him has 660 like I do. He shoots for hours at a time . I checked : He's received no letter or no late night early morning visits by police. Infact as I type he's out shooting > View Quote |
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Quoted: There were 2 options. Get writing those checks then. View Quote After sending her a copy via email of what I found in print. She responded with It appears you are within the Guidelines for day time Shooting . I would suggest you purchase a recording device in case the issue of after dark shooting comes up in the future : So for now Looks like I beat him at his own game. I would assume She had looked into this herself. Because she seemed to agree with me. PLUS: I know for a fact he used a cell phone . I've seen him out there with it. Just didn't know what he was doing. Almost every time I shoot . He runs out to the property and I thought video taping me. It appears he was recording me . I also went and put my phone on a tree branch . Roughly 70 yards away. And shot twice : Using a Meter on I phone : First shot recorded 280 DB The 2nd was 20 DB How can you trust that ?? I am sure he doesn't have other equipment or i'd have seen it. Plus the commissioner already told me as well as the township they were using his say so on the DB levels |
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Maybe your liberal neighbor thinks you are the only one shooting. View Quote |
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you can use a low cost meter as long as it is calibrated you can get a decent meter from 100 bucks and up. the phone apps are no way accurate I use Smaart 8 sound tools for church live sound and we have it calibrated then check smart phones and they are all over the place. Another thing is the person running the meter can be deceptive and change the calibration of the device as much as 80 db either way. anything over 160 will blow ear drums out.
what I would do is get one of these speed dome dark fighters they auto track you can hook up a microphone and it has excellent low light imagines for a great price good deal then you can hook it up near your property line and it will auto track movements so if the neighbor is screwing with you the proof is on your hard drive. Blueiris is a security camera software that you can add as many cameras to as you want. the money you spend on camera will be small in comparison of what you will spend with lawyers |
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you can use a low cost meter as long as it is calibrated you can get a decent meter from 100 bucks and up. the phone apps are no way accurate I use Smaart 8 sound tools for church live sound and we have it calibrated then check smart phones and they are all over the place. Another thing is the person running the meter can be deceptive and change the calibration of the device as much as 80 db either way. anything over 160 will blow ear drums out. what I would do is get one of these speed dome dark fighters they auto track you can hook up a microphone and it has excellent low light imagines for a great price good deal then you can hook it up near your property line and it will auto track movements so if the neighbor is screwing with you the proof is on your hard drive. Blueiris is a security camera software that you can add as many cameras to as you want. the money you spend on camera will be small in comparison of what you will spend with lawyers View Quote |
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"Michigan citizens who comply with federal firearm regulations can use suppressors to protect their hearing and minimize noise disruptions in the surrounding areas,"
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Sounds like a nightmare, it's a good idea to stay abreast of local politics, attend meetings, get the minutes.
I'd guess the neighbor was there constant and pushing for the sound ordinance (maybe unopposed)? Nothing like moving into a neighborhood and trying to take over When I built my range I got a building permit and listed it as a shooting range, paying taxes on a range should help me should a similar problem arise. +1 don't rile people by shooting at night. |
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If I was OP I'd be dumping at least a D60 every morning at first light and every evening at dusk, or as early and late as the local noise ordinances allow.
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Lucky you don't live in an area that is prone to fires, hell he would really be bitching when a Huey H1 goes over with a 500 gallon bucket underneath is and they dump their load, have had that happen a few times around here!
WE had a Chinook go over last summer and I could have sworn it was going to suck the windows out of the house! |
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Sounds like a nightmare, it's a good idea to stay abreast of local politics, attend meetings, get the minutes. I'd guess the neighbor was there constant and pushing for the sound ordinance (maybe unopposed)? Nothing like moving into a neighborhood and trying to take over When I built my range I got a building permit and listed it as a shooting range, paying taxes on a range should help me should a similar problem arise. +1 don't rile people by shooting at night. View Quote Obviously this jerk didn't know I'd just gotten home from Bypass Surgery . He had called police claiming I'd been outside just prior to their arrival repeatedly shooting a high powered rifle. I can only assume when he saw the loads of Sand which had been ordered 2 weeks before I discovered I needed surgery . He decided to get revenge *That was my introduction to this guy in my neighborhood* |
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The guy's an ankle-biter. He's not going to stop harassing you on his own.
I think the advice about getting advice from an attorney is spot on. Probably ramming a countersuit down his throat is your option. And it sounds like there is official documentation leaning your way at this point. Of course, if you do that, you won't be besties ... |
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What a nightmare.
I wonder if there is any way to get this guy in trouble for making the false accusations. |
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OP needs to get a black powder cannon. Load that sucker up, point it toward the neighbor's place and . . .KA -BOOM!!! That will give him something to bitch about.
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My problem is From the actual Property line I doubt if I am 50 yards away : From the residence Well over 100 . Plus we are all allowed to shoot. We aren't a Gun range : We are just land owners who have shot for years with no issues . Then a New Guy moves in and wants everyone to stop shooting : So if 85 decibels is a lot . The sound must drop pretty fast once the bullet leaves the gun. Plus it's not continuous shooting : What we have is a Temporary Supervisor who was appointed because are elected one had to resign due to health. So the Board appointed this Temp until next fall when we elect a New one. It's good to know 85 decibels is a lot of noise : This guy is a Jerk : He tried to take me to court claiming My backstop wasn't safe if he was out on his property : It's 25 yards wide and 9 feet tall and 30 feet deep. Huge mound of sand and clay which is a big grass mound now. He lost in Civil complaint that he tried to get to be a Criminal one. Prosecute told me to My face the guys a trouble maker. They as I said in the OP drop the case : Thanks again View Quote Has he done any renovations to the house that would not comply with zoning laws? Install any fences? Encroaching on wetland habitat? Is he illegally diverting a small stream? Does he like to ride a ATV/UTV/dirt bike that is loader than 85 decibels? |
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I dealt with something sort of similar with my dog. I think some folks just get their jollies off by fucking with people. Thank god they moved.
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The neighbor used one according to them. Probably on his cell phone. View Quote You need a better lawyer and a sound engineer to publicly humiliate him on court. It will not be all that heard. Done it more than once. When I showed up in court with the Radar Handbook (Skolnick) and my framed degree and PE license, the Virginia CA promptly dropped the charges as long as I agreed not to pursue them further. Intimidation works. |
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Suppressors are cheaper than attorney fees. Just saying. View Quote As I stated earlier : When he pressed Crimminal charges his case was found to be without merit. I had specialists come and look at my property to make that decision. Detectives came as well. Even someone who approves ranges came. I won my case : Now he's moved on to noise |
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Quoted: The he is using Bovine Scatology before the court. You need a better lawyer and a sound engineer to publicly humiliate him on court. It will not be all that heard. Done it more than once. When I showed up in court with the Radar Handbook (Skolnick) and my framed degree and PE license, the Virginia CA promptly dropped the charges as long as I agreed not to pursue them further. Intimidation works. View Quote |
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At this point you should, at the very least, talk to a lawyer and have him/her on retainer.
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At this point you should, at the very least, talk to a lawyer and have him/her on retainer. View Quote That's the issue with Hilary being cleared once. Double Jeopardy is illegal . The Township can't enforce a Zoning ordinance on me and yet allow everyone else to skate : They can change the Zoning : However I am being told by My Bro-in-Law that requires a process. They can't just change it . After all as I said . We have over 2 square miles of State land right across the Street. People shoot in there constantly. They hunt there as well. So an attoney would be split among residents against the zoning change : If we even get to that I was advised to put up cameras : That's what I am doing : |
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Time to close the thread. Appreciate some of the excellent advice I received Thanks to those that helped :)
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