Noise ordinance

[fatnoah]

...yelling...

There's more bad news. If I'm reading it correctly, "unamplified human voices" are also exempt from the ordinance.

[Makiki]

Originally Posted by fatnoah

There's more bad news. If I'm reading it correctly, "unamplified human voices" are also exempt from the ordinance.

Although one could probably argue that „amplified voices“ would include yelling and „unamplified“ would be normal voice level?

[winni83]

I would suggest taking a close look at NH RSA 644:2, Disorderly Conduct, and specifically Section III A as it applies to loud or unreasonable noise from a private place which can be heard in another private place, etc. Admittedly the average sensibility standard is subjective but what you describe certainly seems to fit. Since this is a State criminal statute you avoid the issues with the Town Ordinance. If I had this issue I would have a form prepared addressed to the offender stating the date, time, place and nature of the conduct and a request to immediately cease, perhaps pointing out that if the conduct continues, then the conduct becomes a misdemeanor rather than just a violation. See Section VI. Perhaps also give them a copy of the Statute.

http://www.gencourt.state.nh.us/rsa/.../644/644-2.htm

[Makiki]

Thank you so much for this extremely helpful and applicable link, Winni83, as well as your suggestions on how to proceed.
I very much appreciate your advice!
Other neighbors are indeed also very adversely affected by the noise level.

Originally Posted by winni83

I would suggest taking a close look at NH RSA 644:2, Disorderly Conduct, and specifically Section III A as it applies to loud or unreasonable noise from a private place which can be heard in another private place, etc. Admittedly the average sensibility standard is subjective but what you describe certainly seems to fit. Since this is a State criminal statute you avoid the issues with the Town Ordinance. If I had this issue I would have a form prepared addressed to the offender stating the date, time, place and nature of the conduct and a request to immediately cease, perhaps pointing out that if the conduct continues, then the conduct becomes a misdemeanor rather than just a violation. See Section VI. Perhaps also give them a copy of the Statute.

http://www.gencourt.state.nh.us/rsa/.../644/644-2.htm

[winni83]

You are welcome and good luck. I have used this method but have not needed to call the police. The form noting the date and time you handed it to the offender will help with the police, who may be reluctant to get involved, but point out that this is a State law. You might have to swear out a complaint. My suggestion is somewhat of a nuclear option but if other requests have failed you may have no choice. It will not endear you to the neighbor but when you have reached your limit it may help. Stay calm, do not touch or get in the persons face and do not get into a shouting match. Something like please stop this loud and unreasonable noise immediately, then leave the form at his or her feet and tell them to read it. No touching!!

Also look at NH RSA 631:4, Criminal Threatening. Apart from physical assaults, it also covers such things as threats that “I am going to hurt/kill you or damage your property” or similar threats, often fueled by booze See Sections I (c) and (d). Usually a misdemeanor. Print out a copy of that statute too. Disorderly Conduct and Criminal Threatening are separate and distinct crimes.


https://www.gencourt.state.nh.us/rsa.../631/631-4.htm

[ApS]

Originally Posted by Makiki

Thank you so much for this extremely helpful and applicable link, Winni83, as well as your suggestions on how to proceed I very much appreciate your advice!
Other neighbors are indeed also very adversely affected by the noise level.

Perhaps with that paperwork, your attorney could add a sternly-worded letter--with copies to the PD, Town of Gilford, Town of Gilford's attorneys, island association (and principals) and each neighbor--(affected or not).

This sounds like a case where you could "pass the hat" for funds.