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Noise Ordinances: Quiet Hours, Complaint Laws, and How to File a Noise Complaint
Noise isn’t just a nuisance; it is a legitimate health hazard. According to the Centers for Disease Control and Prevention, loud noises can cause hearing loss. Studies have even shown that ongoing nuisance noises can cause sleep deprivation, depression, anxiety, and stress.
Nuisance noises can even affect one’s ability to learn or concentrate. Some of the most problematic nuisance noises reported across the country are noises caused by neighbors, which is why many jurisdictions, from small towns to large communities, have noise ordinance laws on the books. Often, these laws have “noise ordinance hours” or “quiet hours” in effect during certain times of the day and night to maintain peace and relative quiet in residential areas.
In this article, we’ll explain exactly what a noise ordinance is, how different jurisdictions handle noise, and provide step-by-step guidance on filing a noise complaint.
What Is a Noise Ordinance?
A noise ordinance is a local or municipal law regulating the type and level of sound emitted in a certain area at a specific time. When a noise ordinance exists in a community, an individual hosting a backyard event or a building doing residential construction work outside of permitted times may be violating the noise ordinance. Often, noise ordinance penalties may include fines or injunctions to halt the activity violating noise ordinance hours.
What Is the Noise Ordinance in Your Area?
Noise ordinances vary from town to town, city to city, and even state to state. Typically, a state statute allows local jurisdictions to create noise ordinances as they see fit.
In New York State, for example, municipalities are permitted to pass ordinances that prevent “unreasonably loud or disturbing noises” that may be detrimental to the common good. In Maryland, an environmental law gives subdivisions the right to adopt and enforce noise ordinance hours and sound level limits.
Since noise ordinance hours, the handling of noise complaints, and other specifics vary greatly between jurisdictions, take the time to research your municipality's noise ordinance by accessing the local laws of your community. These laws are in the public domain for everyone to access. They can be found online, in your local library, or by calling your city’s attorney, mayor’s office, or some other city manager.
What Are Noise Ordinance Hours
Noise ordinance hours are the hours a local noise ordinance designates as "quiet hours." A municipality may, for example, establish the hours of 10 PM to 7 AM as quiet hours within its jurisdiction on weekdays. Those hours are often extended on weekends to 8 AM or 9 AM. During those “quiet hours,” the local ordinance may, for example, prohibit the use of power mowers.
In some jurisdictions, universal nuisance noises are restricted or banned outright. For example, most major cities have a law prohibiting hoking a car horn unless there is a clear and present danger. Other nuisance noises that are commonly regulated include barking dogs, gas-powered landscaping equipment, and motorcycle noise.
Often, a municipality prohibits sustained noises exceeding certain decibel levels, regardless of the source. Decibel limits are normally set based on area zoning and the time of day. Based on a noise complaint, law enforcement officials use equipment to monitor decibel levels to determine whether someone is in violation.
What Are Quiet Hours in Residential Areas?
Quiet hours in residential areas are times of the day when noise is restricted, allowing residents to enjoy peaceful mornings and evenings and sleep comfortably.
Although they vary greatly by jurisdiction, quiet hours in residential neighborhoods usually start around 10 PM and remain effective until 7 AM on weekdays. On weekends, those hours may be extended by one to two hours. Most municipalities limit noise levels to 55 or 60 decibels during quiet hours, roughly the equivalent of the noise made by a running vacuum cleaner.
Some municipalities will even regulate the types of noises made during quiet hours in residential areas. In New York City, for example, pets are not permitted to make noise for more than five minutes at a time during quiet hours.
Noise Complaint Laws and Regulations
Whether you are being tortured by a neighbor playing the drums throughout the night and every day, haunted by a chained-up dog that just won’t stop barking, or being forced to listen to loud music at a block party that has run into the wee hours of the morning, the good news is that most communities have a noise ordinance on the books prohibiting noise that excessive, unreasonable, or unnecessary.
Excessive noise not only disrupts daily life but can also cause serious health issues, such as hearing loss, according to health authorities. Studies have shown that ongoing exposure to nuisance noises can lead to sleep deprivation, depression, anxiety, and stress.
If you don’t know the specifics of the local noise ordinance in your community, research quiet hours in your area, and if you believe that the noise you are being subjected to violates the local noise ordinance, the next move is to file a complaint.
What Are the Laws for Filing a Noise Complaint?
A local noise ordinance usually offers a blueprint for filing a noise complaint in your municipality. Some jurisdictions have an online form that can be filled out, and an ordinance official will follow up on the complaint with an investigation and take whatever action is necessary against the offender. This is the best action when addressing persistent noises, such as a barking dog or a neighbor who plays the drums.
On the other hand, some noises demand immediate attention and often occur after hours, when most code enforcement offices are closed. In these situations, such as a loud party, it is best to call the local police. Again, most local noise ordinances have specific laws for how to file a noise complaint.
When Can You File a Noise Complaint?
When to file your noise complaint usually depends on the applicable noise ordinance in your area. Your local government website or public library will have specific information regarding decibel levels in your area, restricted or regulated noises, and quiet hours.
How to File a Noise Complaint?
Most municipalities have published information online outlining how to file a noise complaint, and although every jurisdiction throughout the United States is different, there are some common steps you can take to file a noise complaint in your area,
Steps to File a Noise Complaint
Here are the steps you can take to file a noise complaint:
- Find the Source: The most important step in filing a noise complaint is identifying the source and cause of the nuisance noise. Whether it is a loud backyard BBQ at a nearby rental property, a neighbor’s disruptive music, or incessant barking from a dog living in your condo complex, identifying the noise and its source is crucial to the success of your noise complaint.
- Document the Noise: Whenever someone experiences noise disturbance, they should document each instance, noting the date, time, and duration, as well as a detailed description of the noise. When possible, those experiencing a noise disturbance should try to record the noise.
- Research Your Local Noise Ordinance: Noise ordinances vary based on jurisdiction, but most laws specify what noise and levels are acceptable at certain times. Know and cite the local law being violated to strengthen your noise complaint.
- Address the Issue Informally: It is common for neighbors to be unaware that they are disturbing others. A polite conversation can sometimes resolve a situation before a noise complaint is filed. If the property is rented, check the lease agreement for noise and noise control clauses.
- File a Noise Complaint: Formally filing a noise complaint can involve sending a letter or filling out a form detailing the complaint. Try to include as much information as possible, such as the type of noise and the time of day it occurred. These documents are submitted to your local code enforcement agency, property management company, or other entity charged with enforcing noise ordinances in your area. Sometimes, a formal noise complaint can be filed online and, in some cases, anonymously.
- Contact the Police: In situations where formal complaints have been filed or if the noise is dangerously loud, like that of a party, contact the local police. If your local law enforcement agency has a non-emergency phone number, that is the best way to contact them regarding a noise complaint unless it is a possible emergency, in which case it is appropriate to dial 911.
How to Report a Noise Complaint Online
You can report a noise complaint online by visiting your local government's official website. While most of these websites will vary among municipalities, they will likely have a “file a complaint” or similarly titled section in a prominent location. Typically, it is associated with local code enforcement, public safety, or police departments.
Once you can access the online form, fill out all required fields and provide details of the complaint, such as time, location, and type of noise. Call your local municipal or city government office for assistance if you cannot find the appropriate online form or if one is not provided. Some cities even have dedicated apps and hotline numbers to report quality-of-life complaints.
A noise ordinance is critical to maintaining peace and quiet throughout communities, particularly in residential areas during designated quiet hours. While these laws will vary depending on where you live, most communities have designated noise ordinance hours restricting nuisance noises during specific times.
Noise ordinance violations can lead to fines and, in some cases, legal action, so everyone must understand their local noise ordinance. Filing a noise ordinance complaint is the best course of action for anyone affected by excessive or disruptive noise.
FAQ
Can I Make a Noise Complaint During the Day?
Yes, you can make a noise complaint during the day. In most jurisdictions, noise complaints are easy to file and can be filed anytime, day or night.
How Late Can You Play Music in a Residential Area?
How late you can play music in residential areas will depend on your local noise ordinance hours. Most municipalities have quiet hours, prohibiting loud noises after 10 PM and until 7 AM on weekdays.
Can You Call the Cops for a Noise Complaint in an Apartment?
Yes, you can call the cops for a noise complaint in an apartment, but, as a rule, involving the police in a noise complaint should be a last resort unless there is an actual emergency. Instead, contact your building manager or send a formal complaint letter to your landlord.
Can Neighbors Complain About Noise During the Day?
In most jurisdictions and settings, a noise ordinance prohibits excessive noise between 10 PM and 7 AM on weekdays with extended weekend hours. During the day, residents have a right to quiet, so excessive noise that might be audible through walls can violate local laws or community rules.