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Sleepless Writes Back

Tuesday, August 19, 2008

As of this morning, there were 130 responses to yesterday's "Noisy Neighbors" post, a few of which chided "Sleepless in Montclair" for various points in his original letter. He wrote back with answers to everything.

WOW – I guess we hit a nerve and BLESS YOU to the people who answered our question because, truly, we weren't leading the witness ... we WANTED community feedback and I think we got some honest responses. That is the best part of this website and love that we have access to such a great and immediate tool for something like this.

That said, sounds like we need to answer some questions and speak to our "critics" - which, THANK YOU Spicoli, this was my favorite posting: Interesting that many jump all over the person posing the question rather than answering it. The question presented is: "how late is too late to be outside in your yard or front porch at night being loud in Montclair."

But to be fair and answer the question, of course - we have obviously tried civil conversation with the neighbor (sure, I regret to say that we have lost our temper on occasion, too, and am not proud). Their most recent response left no doubt as to their position: They believe that they have the right to be outside, as loud as they want - front yard or back porch - "until midnight on a Sunday seems reasonable to me." That is an exact quote from and was not said with any hostility, simply stating their opinion. So I wanted to take the question to the people of Baristanet and all your feedback has been enormously helpful (you feel so alone in a situation like this, it is comforting to know we actually aren't). To that point, yes - we know that other neighbors have called the cops, but the proximity of the noise - literally - right outside ours and our young childrens' bedrooms - puts us in the direct line of fire. (I think it is irrelevant for the readers as it has been for our neighbors, but both our toddlers are simply woken out of sleep virtually every night that this happens. As our neighbor said, "You know, our kids were young once, too.")

To that point, to my friend to accurately pointed out that statistics can be made up on the spot, yes - it was four times this week. Maybe only two last week. I think there may even been a week in the past two years when they went inside by 9:30pm. I exaggerated and I am sorry to do so. That said, I cannot recall a single week since we moved in when they haven't been outside late at all, most weeks it is two, but this summer has been more like four or more (we pray for rain which sometimes helps, but their porch is covered).

And my apologies if there was a hint of "self-righteousness," but that is part of my original question - by paying a certain price for a certain home on a certain block in a Montclair - is it wrong to expect that quiet will be the norm after a certain hour? Again, not leading the witness here - were we just being naive or are we actually being snobs even daring to ask such a question? Are there other towns I can move to where this behavior would be less accepted? We are truly considering moving because our kids need their sleep (yes, of course we have "tried everything" to muffle the noise), so is there any sure-proof way to avoid this again? I am guessing there isn't, but I also think our situation is pretty rare.

And to the question someone asked "why does our right to silence trump their right to party" - again, that is my question. DOES it? If it doesn't and they have the "right" to be outside, being loud "until midnight," then I have nothing to complain about.

Obviously, this is hardly an anonymous post - the neighbors know who they are and probably can't believe I posted this and the cops know as we give our name when we call (and while some have been fantastic, most get VERY annoyed with us for calling, show up to talk to the neighbor, then leave while allowing the party to grow in size and noise). Since last night's conversation was left, as my neighbor put it, a "simple difference of opinion," that was really my big question ... is this truly just a matter of preference or are might one of us actually be "right?"

While it hurts to see some people "jump all over" us, we really appreciate most people being so understanding. BRIT, yours was the best quote of all: Until you have lived next door to loud, rude and littering neighbors, you have no idea. You obviously DO have some idea and we can't thank you enough.

And the Barista has another question to add. If "Sleepless" decided to move, would he be obligated to warn potential buyers about the reason?

Posted by Debbie Galant on August 19, 2008 8:37 AM
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These people may have the right to be outside but they have no right whatsoever to make loud disturbing noises.

Their behavior is crass and narcissistic. They have no sense of neighborhood.

My neighbors would never do this to me. My neighbors have class. These people have none.

Posted by jimmy229oz | August 19, 2008 8:51 AM
 

I would think that air-conditioning and closed windows would muffle most noise.

The cicadas in my neighborhood would probably drown these people out.

My neighbors have dogs that bark, quite a bit sometimes. People have asked me how I stand it. I've learned to tune it out.

We also have neighbors that keep several very large birds on their front porch and during the day one of them screams "Frank!, Frank!" which also happens to be my first name and also the name of the husband of the woman who keeps the birds. I've been asked the same question about the bird noise and I tell people that I enjoy listening to them.

I feel your pain Sleepless. There is a lot of annoying noise the occurs near my home. Deranged soccer players early Sunday morning. Speeding motorcyles. Loud stereos. Boisterous people in the park late at night. Cicadas! Cat fights. Oh well, this is an urban area, after all.

Posted by MellonBrush | August 19, 2008 9:23 AM
 

.. if you want quiet, North Caldwell is a good bet ..

Posted by MellonBrush | August 19, 2008 9:24 AM
 

"And to the question someone asked "why does our right to silence trump their right to party" - again, that is my question. DOES it? If it doesn't and they have the "right" to be outside, being loud "until midnight," then I have nothing to complain about."

The answer is simple. Your silence doesn't bother anyone. Their loudness bothers others.

Posted by Steve from Yellowstone | August 19, 2008 9:25 AM
 

"I would think that air-conditioning and closed windows would muffle most noise."

Or perhaps a white noise machine.

Posted by Mrs. Martta | August 19, 2008 9:29 AM
 

.. or a purring cat sleeping on your chest ..

Posted by MellonBrush | August 19, 2008 9:34 AM
 

Sleepless - it may have seemed like you were being jumped all over, most of all by me, but it's important to get specifics out before assuming you're totally in the right. Exact quotes from your neighbor, things you've tried, other neighbors feelings, etc. these are all entirely relevant to the situation and important for us who are not involved, to help you come up with a solution to your dilemma.

That said, from your newest post, it's obvious your neighbor is being entirely unreasonable. I had at first thought perhaps you live too close to MSU and had a frat house next door but on hearing they had children too, it's obvious this is a past middle-age couple who are intent on enjoying their freedom from the responsibilities of parenthood since their children are grown and perhaps out of the house.

Personally, I'm a vindictive son-of-a-bitch. Once civil options are exhausted, I have no qualms dealing outside the realm of the law in order to right a perceived wrong. Obviously being married and soon to be a daddy this behavior has to stop and I understand it's a path that you can't go down either, but are there options you CAN employ which won't have legal repercussions?

When do these people sleep? Is there any way to disrupt their sleep as much as possible? It brings to mind an episode of 'Curb Your Enthusiasm' when Larry hired a 9 piece orchestra to play on the sidewalk in front of an inconsiderate neighbor at 5am in the morning.

Being a family man with a house, these methods may not be options as you have a lot to lose. So the legal route may be, unfortunately, your only option.

My advice:

You've already tried civil conversation. Your next step is to send them a copy of the town ordinance via certified mail. Stop by City Hall and ask for a copy.

Document the disturbance. If possible get your hands on a decibel meter and record the decibel level at it's highest. Videotape or record the noise as well after 10pm as often as possible.

File a civil complaint under the Montclair noise ordinance. If you succeed you may be able to win monetary damages from your neighbor. You may also want to speak to your other neighbors and encourage them to do the same. 1 official complaint may not get much attention, after all it's your word versus theirs, but several complaints against the same person will undoubtedly bring results.

You can bring the action to small claims court without an attorney. You need to prove that the noise violated the town ordinance, that your neighbor is causing the noise, and that you have attempted to have him stop through a dialogue. This is why your record keeping is important. Notes of every time the noise problem occurred, whom you spoke to, when the police were called, and copies of all correspondence, are all important parts of your evidence.

You can also make the argument that your neighbors noise is detrimental to the health of you and especially your young children. Many studies have identified the harmful effects of excessive noise, not only on hearing, but on the cardiovascular and nervous systems as well. Sleep deprivation is another serious health issue.

In terms of health issues, you can cite Montclair?s 2007 Master Plan that included the establishment of a Quiet Zone to combat train horns as one of the Township?s environmental objectives as proof of the negative effects of excessive noise.

Check out this article in the NYTimes from 2007: http://www.nytimes.com/2007/07/22/nyregion/nyregionspecial2/22rNoise.html?_r=1&pagewanted=3&oref=slogin

And pay visit to http://www.montclairnjusa.org and read up on town ordinances and such.

Either way, good luck. It sucks that you're going through this.

Posted by dannyboo | August 19, 2008 9:34 AM
 

A personal observation: I moved to Montclair in 1995, and the rate of increase-in-noise since then, seems almose exponential..not to mention the density of SUV population..

Posted by catinthehat | August 19, 2008 9:34 AM
 

I have a white noise machine and an A/C, but my house, which is not made of shoddy construction, literally vibrated from the loud music coming from the house next door. Sometimes your only option may be to move to a new house. Thankfully, my crass neighbors moved instead.

Posted by montclairlibn1 | August 19, 2008 9:36 AM
 

The best thing I ever did was to move away from my noisy, low-class neighbors who allowed their teenaged son to have parties on the back porch until 3 or 4 am - they were clueless, their dogs were left outside to bark all day and they left several holidays' worth of decorations on their front lawn all year. I did call the police on one or two occasions as talking in a civil manner got me nowhere - and once I had my second child we started looking elsewhere, and found Glen Ridge. I have the most pleasant, courteous neighbors now and except for the throat-tightening taxes, everything is great here ;o)

Posted by NNN9495 | August 19, 2008 9:38 AM
 

"...and the rate of increase-in-noise since then, seems almose exponential..not to mention the density of SUV population."

I think this is probably true for most suburban and urban areas, Cat. I think it ties in with the increase in population density in a lot of these areas. More people, more cars, more noise.

Posted by Mrs. Martta | August 19, 2008 9:39 AM
 

or a purring cat sleeping on your chest ..
--------

The two greatest refuges from the miseries of life (including noisy neighbors) are music and cats.

Posted by Nellie | August 19, 2008 10:01 AM
 

I have great neighbors now, but I still want to move. I want land. I want privacy and frankly, I don't want to have to say "hello" every time I walk out of my house b/c sometimes I don't want to be nice. And most importantly I want to be well away from the little girl in back of me who seems to be preternaturally stuck at age 3, for the last 4 years, who screams and screeches like a banshee at unimaginable decibals. I want at least an acre and without $3M in liquid assets, I am not going to get it here.

Dear Sleepless,
Let me assure you, your neighbors are freakin' rude. Even if you are renting government assisted housing, you are entitled to some quiet and respect. Frankly, the police seem to be behaving in a not so neighborly manner either. Maybe you should remind them that you pay their salary - they love that. :)
Post their names and address. If they think they are so in the right, surely they wouldn't object to that.

Perhaps you can buy a family of voodoo dolls and put them to bed really early.

Posted by ackme | August 19, 2008 10:07 AM
 

No one should have to move because of something like noise which can be mitigated. No one should have to buy a white noise machine to make more noise to cover up someone else's noise.
I agree with Danny - ask other neighbors if it bothers them. If it does and several people can write a note and attach the town ordinance regarding noise via certified mail that's a good start. It's unfortunate that we live in a world in which common decency, and common sense, need to be legislated but I'm glad we have ordinances that protect people from crap like this.


Posted by jerseygurl | August 19, 2008 10:13 AM
 

I'm with you ackme -- but I see plenty of out-of-the-way places for under 3 mil in areas like Jefferson Township and other parts of Sussex and Warren Counties. This whole discussion made my stomach turn. As someone who is probably way too considerate of others I do expect similar treatment in return. Often that is not the case and it makes my blood boil. The poster who said that Sleepless' silence hurts no one is exactly the main point here. It's not about one's personal freedom to do as one likes on their "own property." If that was the case then murder would be perfectly legal if committed in the perp's home. There are societal laws and there are just plain old laws of human decency. It's called CONSIDERATION and why is it such an impossible thing to expect from fellow human beings?

Posted by fussyhostess | August 19, 2008 10:41 AM
 

Fussy - it is. That's why we need so many laws, ordinances and rules. And even then people just behave like jack asses. The other day I tried crossing Upper Mountain with my dog at Windsor after having gone to the Iris gardens. In one direction, I had both feet and my dog firmly planted in the cross walk on the street and no one stopped. When traffic cleared I started to walk and then wound up waiting in the middle of the road for traffic in the other direction. It shouldn't need to be a state law to stop for pedestrians in the cross walk and even so, people don't. We shouldn't need ordinances to point out to people that excessive noise during bedtime orders is a nuisance, but we do.

Posted by jerseygurl | August 19, 2008 10:48 AM
 

I'm going to be the devils advocate here. In Vermont we have 10 acres and yet the nights are so quiet we can hear our neighbors talking in their yard. Not shouting, not playing music, talking using indoor voices.

In NJ I can hear my downstairs neighbor whenever he is on the phone. Every word, and again when he is speaking in his indoor voice. And he is on the phone 24/7. At first it was odd but now it lulls me to sleep at night.

Maybe you are just in a bad spot where noise travels. Maybe your street is just that quiet.

Just think- in a few years everyone will be older. Your kids can have the luxury of throwing loud parties for their friends without any concern about the elderly neighbors next door being disturbed. Sweet 16's, graduation parties, you name it.

Posted by hrhppg | August 19, 2008 10:50 AM
 

Sleepless,

I'm sure those night owls like to sleep in. Come fall, I'd be happy to come over with my leaf blower, bright and early at 7am. You can pay me in Chewy granola bars. Chocolate chip. (Off the books!)

Posted by banana split | August 19, 2008 10:52 AM
 

I'm glad Sleepless got an apology from the posters who jumped all over him.
(Perhaps the poster-jumpers should have first asked if he tried civil discussions with the noisy neighbor instead of assuming that he hadn't.)
Noise/quiet is the same situation as smoker/non-smoker. The non-smoker doesn't cause annoyance to the smoker, but the smoker pollutes the air. I wish cigarettes had never been invented!

Posted by citigal | August 19, 2008 11:03 AM
 

Sleepless - It seems to me that your neighbors are being very inconsiderate and unreasonable. I second the suggestion about organizing the other neighbors - get a group of people from the block together discuss ways that you can influence the noise makers. Peer pressure can be a strong motivator. Try to be reasonable and find common ground - maybe you can come to some sort of agreement.

As dannyboo recommended, you should be documenting everything in the event that you want to pursue a legal path. Take down dates, times, number of people next door, type of noise, noise level, calls to the police, etc.

Retaliation is not the best route (and could weaken potential legal claims), but it is viscerally satisfying. Get the kids up early on the weekends - 6am for instance- and let them play outside with the loudest, most annoying toys you can find. Plastic flutes/recorders and whistles will work well. Blast Barney songs on a boom box.

...and the Montclair noise ordinance only regulates the use of internal combustion leaf blowers. Electric ones are not covered. I suggest that you buy an electric leaf blower (the more powerful ones make more noise) and become very focused on maintaining the grounds adjacent to your neighbors house early every morning. Get the neighbor on the other side of the offenders to do the same. Sandwich them in a wall of noise.

Posted by Spicoli | August 19, 2008 11:13 AM
 

Sleepless can invite Croiagusanam's band, "The Shrieking Decibels" over for a barbecue.

Posted by MellonBrush | August 19, 2008 11:31 AM
 


Grandmother Proves Rake and Broom as Fast as Leaf Blowers

(January 8, 1998 press release from Zero Air Pollution, Los Angeles):

"In fighting the ban on gas powered leaf blowers gardeners have argued that it would take them twice as long to do jobs if they had to use rakes and brooms. But Diane Wolfberg, a Palisadian grandmother in her late 50s, proved them wrong in tests conducted by the Department of Water & Power Leafblower Task Force last Thursday.

In three tests involving gas powered leaf blowers and battery powered leaf blowers, Diane cleaned the areas using rakes or brooms faster than any of the battery powered blowers and almost as fast as the gas powered leaf blowers and she did a better job in cleaning up the areas..."

http://www.nonoise.org/quietnet/cqs/leafblow.htm

Posted by catinthehat | August 19, 2008 11:47 AM
 

two words: Lake Mohawk

There's even a brew pub...

Posted by ackme | August 19, 2008 11:48 AM
 

Excellent information from Dannyboo, and I think Banana's suggestion warrants further examination. Sleepless should send the spouse and kids to GranMama's for an overnight, then fire up the lawnmower bright 'n early, but first remembering to bring our the boom box to play something very loud such as Ozzy, Metallica, or Linkin Park. (The music should play continually all day, whether Sleepless is outside or not.) Then Sleepless can use the hedge trimmer while Banana uses the leaf blower to make sure every last piece of trimmed hedge is gone from the walkway between Sleepless' house and the Rottens'.

If Sleepless has anything interesting he needs cut around the house, I can bring Hubby's Sawz-all, which is probably the scariest power tool I've ever seen (ok, stump grinders are super scary but I think those are best left to the experts).

Posted by Kay | August 19, 2008 11:49 AM
 

People who go down the retaliation path run a strong risk of becoming the offender to unintended people. I also agree it weakens your case in the long run. I would definitely be using both video and written documentation.
I've had no problem with the police quieting noisy neighbors the couple of times I found it necessary to call them. I don't think it's my place to tell someone to quiet down, that's why there are ordinances and police, plus you're anonymous, so that eliminates misplaced hard feelings.
That said, I have wonder at the tolerance level of the complainers or if the person is "connected". If it is the latter, you may have to enlist a consumer advocate in the media. Good luck.

Posted by Pokey | August 19, 2008 12:05 PM
 

Re: Rake vs. Leaf Blowers

Didn't Pat Kenschaft run a similar experiment in Montclair a few years ago?

Posted by Mrs. Martta | August 19, 2008 12:06 PM
 

As much as I am a fan of daydreaming warranted revenge, I would caution against doing anything that is going to start a "war" between the two neighbors. It may only make the situation even more uncomfortable. Maybe you can do something once as a statement, but making a habit out of being loud in the morning is only going to anger them and make them be even louder at night. It is a shame that people can't be more civil to one another. In apartments, the "quiet" zone is usually 10pm to 8am and I should think the same general principle should apply to houses with a bit of leeway on weekends.

Posted by RaeVen | August 19, 2008 12:06 PM
 

Kay, Sawz-all = AWESOME!!!

Posted by KatebirdRex | August 19, 2008 12:35 PM
 

Mellon, the band is booked solid through October -- (we're doing the closing ceremony at the Olympics, but I'm having some cute little Chinese girl lipsynch my vocals) , but I may be able to talk the lads into a brief appearance.
Look in the post for your 15%!

Posted by croiagusanam | August 19, 2008 12:37 PM
 

You could paste their phone number on flyers at MSU with 'Free Blowjobs, Call after 2am' on it.

Or sneak over one night and put electrical tape on the headlights of their cars. Makes for a nice surprise driving home in the evening.

Or put Lamb Chop's "This Is The Song That Never Ends" on infinite loop and crank it early in the morning. Point speakers at their nearest open window.

Put House Party flyers all over town with their address on it. Be sure to include 'BRING FRIENDS!!' on it.

Or you can get something like this: http://www.universal-remote.net/ and use it to change their television stations while they're watching.

If you have a WiFi router, change the router name to 'MariaTheSlutNextDoor' or something so anytime someone in the neighborhood attempts to get a WiFi signal, they'll see how much of a slut Maria (insert name of your neighbor) is.

Mount a seriously high powered floodlight on your house and aim it directly at their back porch or wherever they congregate the most. Then attach a motion detector to it so anytime motion is detected, they are bathed in extremely bright light.

You could also sneak over in the middle of the night and sprinkle rich fertilizer on their lawn in a pattern so that in a week, the word ASSHOLE is prominent in higher grass than the rest of the lawn.

Posted by dannyboo | August 19, 2008 12:39 PM
 

Hail Dannyboo, the King of Mischief! My hero!

Posted by Kay | August 19, 2008 12:52 PM
 

"Didn't Pat Kenschaft run a similar experiment in Montclair a few years ago?"

Yes, MM. It was back in '03, the leafiest year anyone in these parts can remember. The leaves were so deep, some say they came up a grown man's waist.

When the landscapers came into town, they pulled new-fangled rakeless blowers out of the truck. The townsfolk were speechless as the screaming whine of the 2-stroke combustion engines pierced the cool fall air and high velocity winds scoured the beneficial organic nutrients from the lawns.

Pat wasn't one to take this sitting down. With a 20-year old Freecycled rake and a Quickie corn broom, she dove into a pile of leaves that would have swallowed most. The blowers blew, Pat's rake moved in a blur, and the leaves flew. When all was said and done, Pat's lawn was the cleanest on the street, and her perennials were ready for winter with a thick layer of insulating leaf mulch.

But then Pat tottered, and slid to the ground. As she faded, she could be heard to whisper "Don't forget to aerate the compost heap". And then she was gone.

Some say she died of a dyspeptic rage caused when she saw a neighbor using Weed-be-gone in their garden. But those of us who knew her best are certain that she died of a broken heart.

Posted by Spicoli | August 19, 2008 12:56 PM
 

Sure would be a shame if your lawn sprinkler just happened to overspray on their porch.

Posted by Captain Vegetable | August 19, 2008 1:03 PM
 

Spicoli, it's enough to bring tears to my eyes (of laughter that is).

Posted by State Street Pete | August 19, 2008 1:06 PM
 

Go to a used bookstore and try to find a bin of cheap paperbacks selling for 50 cents or a dollar. Buy up a bunch of them and write: Property of Obnoxious Neighbor, 123 Main Street, Sometown, NJ, on the inside cover, adding, "$50 award if returned to owner!"
Then proceed to scatter them all over the seediest sections of town.

Posted by Mrs. Martta | August 19, 2008 1:15 PM
 

Nice story, Spicoli, but you forget one detail. Pat had always said "I can rake more leaves in an hour than a hundred leaf blowers can in a week"-- but she was never certain it was true...

Also, she's not dead yet, unless she's still sending her email newsletter from beyond the grave.

Posted by walleroo | August 19, 2008 4:55 PM
 

Horrible suggestions to follow. Use at your own risk.

If there are any trees between your houses, purchase some suet and smear it all over the bark. If there's no tree, hang some cage feeders filled with suet. If you're lucky a woodpecker or mockingbird will come to call your area home.

If you really wanted to get serious, you could shove some suet up into their siding for some early morning mayhem.

Posted by Bee | August 19, 2008 7:54 PM
 

"Sure would be a shame if your lawn sprinkler just happened to overspray on their porch"

When I have had enough of my neighbor's drumming and Harley, it's a shame, but sometimes my sprinkler hits his newly washed and waxed car.oopsie!

Posted by ackme | August 20, 2008 8:34 AM
 
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