The Citizens Coalition Against Noise Pollution
Sample Complaint
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IN THE (CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA)
CIVIL DIVISION
[YOUR NAME],
Plaintiff,
CASE NO.: [COURT NUMBER ASSIGNS THIS WHEN FILED]
vs.
[DEFENDANT],
Defendant.
COMPLAINT
Plaintiff sues Defendant and for a cause of action says:
1. This is an action for injunctive relief and damages.
2. Plaintiff at all times material hereto was a resident of Pinellas County, Florida.
3. Defendant at all times material hereto was a resident of Pinellas County, Florida.
4. The action complained of occurred in Pinellas County, Florida, and venue is therefore proper in this Court.
5. Defendant resides at ___.
6. Plaintiff is also a resident of ___.
7. On or about November 1, 2004, Defendant, who is 18 years old and a student at ___ High School, drove his vehicle, a Jeep Cherokee, in the vicinity of Plaintiff's property. Defendant's vehicle was and as of this writing is equipped with stereo speakers known as subwoofers, designed to emit loud noise and low-frequency vibrations; a vehicle so equipped is known familiarly as a "boom car."
8. Defendant knew or should have known that operating his sound system so as to emit noise and vibrations audible at a distance of more than 100 feet is illegal in the State of Florida. Section 316.3045(1)(a), Fla. Stat., states:
1) It is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical soundmaking device or instrument from within the motor vehicle so that the sound is:(a) Plainly audible at a distance of 100 feet or more from the motor vehicle.
9. Moreover, at the time that Defendant passed Plaintiff's house, he was on his way to school at ___ High School. Plaintiff observed Defendant drive his Jeep into the parking lot at the high school with his sound system blaring so as to be heard for blocks in all directions. Section 316.3045(1)(b) states:
1) It is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical soundmaking device or instrument from within the motor vehicle so that the sound is:
(b) Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals.
10. Moreover, on or about [INCLUDE INFORMATION ABOUT WARNING OR TICKETS THIS PERSON RECEIVED].
11. Notwithstanding the warning [TICKET] from the [POLICE DEPARTMENT], Defendant continues to violate the noise ordinance on a daily basis as he passes to and from school and comes and goes from his residence, and Plaintiff therefore has no other adequate remedy at law.
12. Defendant's actions caused the Plaintiff pain and suffering.
13. Defendant's actions have robbed Plaintiff of her right to the peaceful enjoyment of her residence.
14. Because Defendant must pass near Plaintiff's residence on his way to and from school, and at most other times when he is entering or leaving [NAME OF YOUR AREA], Defendant's actions will continue to rob Plaintiff of the peaceful enjoyment of her property.
15. Defendant's actions have therefore created a nuisance in and about Plaintiff's property.
COUNT I - INJUNCTIVE RELIEF
16. Plaintiff reiterates and incorporates herein as though fully set forth the allegations of paragraphs 1-15, above.
17. Defendant has shown a callous indifference to the peace and tranquillity of his neighborhood by his failure to respond to the complaints and warnings of both the police and his neighbors, and Plaintiff therefore has no adequate remedy at law. See attached Affidavit of [YOUR NAME].
18. Plaintiff will continue to suffer pain and may incur irreparable bodily harm unless Defendant is enjoined from forcing his unwanted noise upon her.
WHEREFORE, Plaintiff moves this Court to declare Defendant's activity a private nuisance and for a temporary and permanent injunction restraining Defendant from playing the stereo in his car within the boundaries of (your neighborhood) at any time.
COUNT II - DAMAGES
19. Plaintiff reiterates and incorporates herein as though fully set forth the allegations of paragraphs 1-15, above.
20. Plaintiff has suffered ill effects from the low-frequency vibrations emitting from Defendant's vehicle in proximity to her residence as follows:
a) Audible vibrating of front door and front windows;
b) A palpable increase in her blood pressure;
c) Interruption of thought processes, especially when writing, which is Plaintiff's vocation; and
d) Pain in the area of Plaintiff's heart.
See Affidavit of (your name), attached hereto.
WHEREFORE, Plaintiff demands judgment against Defendant for the nuisance he has created in and about Plaintiff's residence, for the costs of this action, and for such other and further relief as the Court deems just and proper.
___
[YOUR NAME]
[POST OFFICE BOX]
[CITY, STATE, ZIP CODE]
[CELL PHONE NUMBER]
Plaintiff Pro Se
E-mail