Noisey Flagpole

Noisy Neighbors & Businesses, Barking Dogs, Strategy, Landlords, HOAs, Apartment Managers, Police, Litigation.
Tue Nov 03, 2015 6:51 pm
I bought property from my current next door neighbor and built a new home. There was a flagpole on the property I bought and he removed it and placed the flag pole in his back yard within 5 feet of my bedroom. I bought sound proofing foam for the snaps but he only secured some of the snaps. The is a light beaming upward on the flag 24hrs a day and shinning sideways into my room. Additionally, the flag casts a shadow into the room and night and when the wind is loud the noise from the wind hitting against the flag wakes me up. I tried contacting the police and workings with the codes department but they say there is no current codes that they can act upon to have him remove this
Does anyone have any ideas on how to fight this or know of a good noise pollution attorney in upstate ny?
Sun Dec 06, 2015 10:40 pm
Generally the best way to approach any noise problem is to learn the local noise regulations for where you live. For example, I live in Glendale, California. Here are the noise regulations for my city: http://www.qcode.us/codes/glendale/?vie ... i-8_36_030 (when you go to the link it's a bit confusing because it first goes to decibel measurement criteria, unless you have a familiarity with noise codes I would click the link just above it where it says "Article I. General Provisions" so you can get a general idea of how noise codes work.) When you read and understand your city noise regulations, the thing to do is see if your noise problem is covered by the regulations. And whether the noise problem you perceive is really a problem according to the code. If it is, then you can talk to your city leaders about remedying it and how to do it.
If you read your code and have any questions you can ask me if you like, I've dealt with noise codes for many years so I have some understanding of them. Or research your question online or by other means to clarify whatever you don't understand.


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Joined: Sun Dec 06, 2015 1:50 pm
Tue Dec 15, 2015 10:06 pm
What you are describing is a noise nuisance, you can file for an injunction in a civil court. Please see:

http://noiseoff.org/legal.php
http://noiseoff.org/neighbors.php

Light pollution is also an issue here. Light is not supposed to be shining on neighbors properties. What this comes down to is whether you can find an qualified attorney (experienced in this type of litigation) and how much time and money you are willing to spend on the case. The neighbor, also realizing they will have to hire an attorney, might quickly decide to settle the matter and either take down the flag pole and/or remove the lighting.

I am aware of another similar case and learned that cotton flags make less noise (but they wear out much faster), polyester flags last longer but they are noisy. Relative to the distance and wind levels I don't know if changing the material on the flag will make a meaningful difference, but I thought it was worth noting.
Wed Dec 16, 2015 7:47 pm
I'm sorry, I posted a reply Sunday, December 6 that I had just copied from a response to someone else's topic. But I later realized it didn't apply to your topic, but I couldn't edit it.
I'm not sure if I understand the source of the noise problem. Are you saying it's caused by the snaps not being all secured? In that case, would it be solved by him securing all the snaps with the soundproofing foam? In that case, could you just ask him to secure all the snaps?
As far as the light goes, could you just tell him what's going on and see if he will re-position the light?
If those suggestions don't work, please tell me why they don't work and I'll give you some more suggestions. I also know a lot about the legal side of fighting noise.
Tue Jun 13, 2017 7:11 am
It would be great if we could talk about this issue.

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