Noise ordinance

[Makiki]

I‘m wondering if any of you who have a cabin/ house on a Winni island have had to resolve a noise issue in the neighborhood? We are right nextdoor to the biggest partiers (until 2 am on weekends). They’re pretty loud during the day already (jet skis etc) but at night they really ramp it up a notch (yelling, alcohol, throwing each other in the water, etc).

I’ve called the Town Hall and also the Police, both said there’s a noise ordinance (no noise between 10 pm and 7 am) but the document that I found online says it „excludes Lake Winnipesaukee“. Does that mean it excludes the islands?

https://www.gilfordpd.org/assets/mun...nance.2017.pdf

We do have an Island association but the main organizer often parties with our neighbors and the subject was just omitted from discussion at the yearly meeting.

I feel if we could refer to an official noise ordinance we might have a better chance of getting reasonable compliance or, if necessary, enforcement through the police.

Thank you.

[DBreskin]

I’d suggest “Lake Winnipesaukee” refers to the state-owned water. If the noise is produced on land it shouldn’t be exempt.

[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

[thinkxingu]

Have you addressed the issue with your neighbor? It always seems to me that the first step is having a conversation. I would think your HOA would be on top/part of this.

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[Descant]

Islanders have to get along, and we do a great job in most cases. Relying o n new laws and police builds long term discontent, not friendships. Sounds like one of the two parties is new to the islands.

[Makiki]

Originally Posted by Descant

Islanders have to get along ,and we do a great job in most cases. Relying o n new laws and police builds long term discontent, not friendships. Sounds like one of the two parties is new to the islands.

We’ve all owned our camps for generations... We get along fine during the day (we can deal with the noise level then) it’s the nights that turn into problems. They come from another State and take the NH motto a bit too far...

[Makiki]

Originally Posted by thinkxingu

Have you addressed the issue with your neighbor? It always seems to me that the first step is having a conversation. I would think your HOA would be on top/part of this.

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Yes, we have addressed it with them and they know they’re way too loud.
The other day they said „it will be a bit loud again tonight“. As in running a chainsaw at 10:30, shooting off their cannon and hours around the firepit with many loud and drunk guests.

[thinkxingu]

Originally Posted by Makiki

Yes, we have addressed it with them and they know they’re way too loud.
The other day they said „it will be a bit loud again tonight“. As in running a chainsaw at 10:30, shooting off their cannon and hours around the firepit with many loud and drunk guests.

I would think, then, that there would be a "last chance" notification that things are out of hand before going official, especially since y'all have talked about it. In terms of tact, this one seems easy as they've brought it up—I would've leapt on that with a, "hey, about that: I know we're all up here for fun, but the noise is getting a little out of control..." You can then choose to bring up the other neighbors (if they're willing to be part of this) and mention there are legal ordinances but that you'd rather work things out because that's what good neighbors do.

If that doesn't work, go the legal route and have the conversations, AND evidence, documented. If it's that bad, I'd have game cameras with time stamps recording. Also, I'm still wondering why the HOA isn't involved more directly.

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[erk]

We have the same neighbors! We've gone thru all 6 of their children coming up partying w/out Mom or Dad there! Now my kids did the same w/out our knowledge a few times but we did find out and it was dealt with. These kids next door do it on a regular basis every summer. We've never called the police rather choosing to deal with it ourselves and go over there and ask them to wrap it up. Last month there was a particularly bad Friday night party. We let it go until 1am when I screamed for them to wrap it up...well they either didn't hear me or choose not to. My husband had had it by 1:30am and started over there. He yelled for them to stop the partying or he was going to call the police...a voice answered back to him "No need to Sir we're already here"!! Fitting end to the night! Good luck with it. I'm ok with an occasional party but FFS wrap it up by midnight!

[SAMIAM]

We have a camp next door that has been in the same family for generations. It is a large family and they take alternate weeks during the season. The shore in front of their house is rocky so we let the kids use our beach …….. we're working during the day anyway and they are delightful little kids. The house is far enough away that we're not bothered by noise from voices but some of the families like their fireworks and being on vacation, don't realize that several of their neighbors, including us, are not on vacation and have to get up in the morning and go to work.
So far we haven't said anything because it doesn't happen every week and we hate to complain because we have a pretty good show on July 4th as well.

[Makiki]

Originally Posted by thinkxingu

Also, I'm still wondering why the HOA isn't involved more directly.

My guess is the reason the HOA is not interested in resolving the issue because the gentleman who's in charge of it parties with the group. On Saturday night for instance the party took place at his place, a few camps away from ours. Still mega loud until 1:30/ 2am. Some of the guys' voices were truly like megaphones.

We don't want to get the police involved but we do want to provide the partying neighbors with the document that spells out what the law says and then go from there.

[C-Bass]

Financial reasons set aside, this is why I would be very reluctant to live on the lake. It drives me nuts when my neighbors have cookouts and small get together on their deck, playing music, chatting, etc... They are still a good distance away and wrapped up by 7pm most of the time. That's a rare occurrence too. I still prefer silence for the most part. This kind of set up with neighbors like that would send me off the deep end.

[LIforrelaxin]

Originally Posted by Makiki

My guess is the reason the HOA is not interested in resolving the issue because the gentleman who's in charge of it parties with the group. On Saturday night for instance the party took place at his place, a few camps away from ours. Still mega loud until 1:30/ 2am. Some of the guys' voices were truly like megaphones.

We don't want to get the police involved but we do want to provide the partying neighbors with the document that spells out what the law says and then go from there.

If there is a HOA involved here, the HOA should have rules and regulations. You need to find them and understand them. They likely have governance for this sort of thing. You then make the complaint to the HOA stating the rule infractions being observed.... If they don't deal with it, then you fight the HOA, which should have a board of directors, when can be replaced..... especially if you can show that they aren't up holding the rules and regulations of the HOA....

[codeman671]

I would not classify an Island Association in the same class as an HOA. I think you'll find that neighbor squabbles are not in their realm of authority.

[WinnisquamZ]

How blessed most of us are to have neighbors that are considerate of others. I agree with a earlier writer. Would go off the deep end if I had to deal with these issues


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[Sue Doe-Nym]

Originally Posted by WinnisquamZ

How blessed most of us are to have neighbors that are considerate of others. I agree with a earlier writer. Would go off the deep end if I had to deal with these issues


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For the most part our neighbors are considerate. Occasionally, someone has a noisy celebration, but almost always the noise goes down after 10:00. The one exception has been the rental property next door....sometimes they squeeze in too many people, bring out the booze and stereo, and then it’s unbearable. Said property is currently for sale, so everyone on the cove hopes it goes soon. 🤞

[ishoot308]

Originally Posted by WinnisquamZ

How blessed most of us are to have neighbors that are considerate of others. I agree with a earlier writer. Would go off the deep end if I had to deal with these issues


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I can certainly say that my neighbors on Welch are the best! Everyone helps everyone in any way possible.

Dan

[Descant]

Originally Posted by ishoot308

I can certainly say that my neighbors on Welch are the best! Everyone helps everyone in any way possible.

Dan

Absolutely agree.

[Barney Bear]

Same for East Bear Island. We are ready and willing to help anyone, including transportation to the mainland. However, our pups do not appreciate the occasional fireworks offerings. 🐻

[missmybid]

I guess I would continue to have the conversation. You may not get the peace and quiet you'd like, they may not have the thrasher party they want, but perhaps you could meet somewhere in the middle. Invite your neighbor up to your house during one of the events so that they can hear how loud it is. Noise carries at night and over water they may not realize how loud it is even though you're telling them. Try for a compromise. Some people come to the lake for peace and quiet, some come to party. It can be difficult for sure, I think we've all been there. Good luck.

[Sue Doe-Nym]

Originally Posted by missmybid

I guess I would continue to have the conversation. You may not get the peace and quiet you'd like, they may not have the thrasher party they want, but perhaps you could meet somewhere in the middle. Invite your neighbor up to your house during one of the events so that they can hear how loud it is. Noise carries at night and over water they may not realize how loud it is even though you're telling them. Try for a compromise. Some people come to the lake for peace and quiet, some come to party. It can be difficult for sure, I think we've all been there. Good luck.

Your response is so reasonable and conciliatory, but after reading OP’s posts about the neighbors’ thrasher parties, my bet is that a compromise with them is about as likely as my being able to fit in my wedding dress, c. 1962! It would be nice, but some people today feel entitled to do whatever they want, which is very sad. The lake is a special place where a person should be able to relax.

[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.