The Citizens Coalition Against Noise Pollution
Sample Affidavit
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[COURT NAME]
[YOUR NAME]
Plaintiff,
CASE NO.:
vs.
[DEFENDANT]
Defendant.
AFFIDAVIT OF [YOUR NAME]
STATE OF [YOUR STATE]
COUNTY OF [YOUR COUNTY]
BEFORE ME, the undersigned authority, appeared [YOUR NAME], who, after first being duly sworn by me, deposes and says:
1. My name is ___. I am over the age of 18 years, am qualified to make this statement and do so of my own knowledge.
2. I am the Plaintiff in the above-styled action.
3. I live in ___, a subdivision in ___, ___ County, ___.
4. On or about November 1, 2004, at 6:36 a.m. Defendant ___ (hereinafter "Defendant") drove his vehicle, a Jeep Cherokee, passed my house with the subwoofer components of his sound system set at a level that caused me to suffer chest pain, anxiety and elevated blood pressure. The low-frequency "booms" of Defendant's sound system also interfered with my thought processes and distracted me from my main activity, which is writing.
5. As the Defendant's vehicle approached my home, I heard my front door and front windows rattling in their frames, indicating that my house is suffering damage from these low-frequency vibrations.
6. Defendant also lives in ___ and must use one of two main north/south arteries to leave the area, both of which pass within eyeshot of my house. Thus, I am forced to hear Defendant whenever he leaves or returns to his residence. Since November 1st, I have heard and felt Defendant's noise every day as he travels through the area.
7. The Defendant received a warning letter (ticket, whatever) from the Police Department in March of 2004 (see Exhibit "A" attached hereto). This letter has failed to bring an end to Defendant's illegal and antisocial behavior.
8. [INCLUDE ANY OTHER DETAILS CONCERNING EFFORTS TO CURB HIS BEHAVIOR, SUCH AS VISITS BY POLICE/SHERIFF, REQUESTS BY YOU OR NEIGHBORS TO THE DEFENDANT AND HIS FAMILY]
9. Defendant's ongoing and apparently incurable behavior with regard to the aggressive use of his car's sound system has robbed me of the peaceful enjoyment of my property. I cannot keep my windows open even in the weather that I moved to Florida to enjoy but must live shut in, running my air conditioning to circulate the air and paying concomitant elevated power costs. Closing the windows reduces some of the decibels from Defendant's vehicle but does not shut out the low-frequency vibrations, which penetrate through the thickest walls.
10. Defendant's actions have consequently diminished my quality of life, as I can no longer enjoy the peace and quiet of my own home, have to take measures to protect myself from another person's flagrant disobedience of the law, and cannot anticipate more than one or two consecutive hours of uninterrupted thought or conversation every day from 6:30 in the morning until late into the evening.
11. Moreover, medical evidence indicates that the low-frequency vibrations emitted by subwoofers are injurious to the human body (see Exhibit "B"). In a very real sense, the Defendant's relentless imposition of his deafening and bone-jarring noise upon my body may be doing me physical damage.
12. Advertising by the manufacturers of these subwoofers illustrates that they are designed solely to be annoying, even frightening and disturbing, and appear to have less to do with the playing of music than they do with demonstrating the owner's defiance of authority. See Exhibit "C."
13. Upon information and belief, another resident of ___ has made efforts to communicate his displeasure with Defendant's callous and unrepentant attitude, but has received nothing in return except rude gestures and foul language.
FURTHER AFFIANT SAYETH NOT.
___
[YOUR NAME]
SWORN TO and subscribed before me on ___, 2004, by ___, who is personally known to me or who produced ___ as identification.
___
Notary Public
Notes
Be sure to label your exhibits "A", "B", etc. and attach them in correct sequence. Include one to three color print-outs of boom car ads.
Any additional literature you can find to support your particular illness, such as vibroacoustic disease, hyperacusis, elevated blood pressure from noise can also be used on the Internet.
Notarization forms and language vary greatly from state to state. Make sure you use the right format and words for your area.
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