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Legal question


Bill Swerski
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I was wondering if any of you legal experts could give me some insight here...

 

I live in a quiet residential neighborhood in a relatively nice section of town. There's a truck driver who comes and visits somebody a couple doors away (his daughter, I'm assuming) maybe a few times a month and, not that I have anything against truck drivers, but I have a problem with them parking their semi cabs on my street. I can get past the fact that they look tacky, but I don't like to listen to their loud engines warm up for 30+ minutes at 7 am.

 

This guy was warming up his cab again this morning and he happened to be getting into the truck as I was walking to my car. So I walked up to him and asked nicely if he could please not run his engine for a half hour early in the morning. He immediately beame defensive, pointing out that I don't know anything about semis and that the engines need to warm up for at least 15 minutes (and condescendingly called me "pardner" several times.) I said that's nice, but his engine is making a lot of noise and is disturbing the peace. He then told me that I can go across the street and have a "bitch-fest" with the lady who was bitching to him earlier (so I'm not the only one who has a problem with it). I then reminded him that this is a residential neighborhood and not a truck stop, and didn't stick around to hear what this ignorant piece of white trash had to say next.

 

So, since this guy decided to be such a prick to me this morning, I've decided to make his life as miserable as (legally) possible the next time that he parks his semi on my street. If I were to call the police, would I have a legitimate claim for disturbing the peace? And I'm not sure what my local laws say, but I'm not sure that semis are even allowed on my street for anything more than pickup or delivery. Any thoughts?

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This is something that will most likely be addressed by a local ordinance (as opposed to state law). Go to your city's municipal website and check what the ordinances say regarding noise, nuisance, and stuff like that. Its pretty standard that a certain decible limit is set as "acceptable" for day time hours, and a lesser threshold is set for "nighttime" hours. Many ordinances actually specifiy what kind of device must be used to measure the decibles.

 

Long story short, even if you go buy yourself one of these gadgets and bother to record the noise violation, then you'd have to go file a complaint with the cops. File enought complaints and you'd likley have grounds for something like an injunction/restraining order, which would probably require an attorney's services to obtain.

 

The other way to look at this is: who does this guy work for? If he's independent, you're pretty much stuck with what I outlined above. But if he works for a specific company, then you want your criminal complaint with the police to also name the company because they'll likely get fined. It shouldn't take more than one or two of those fines before the company this guy works for straightens him out, or fires him.

Edited by yo mama
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This is something that will most likely be addressed by a local ordinance (as opposed to state law). Go to your city's municipal website and check what the ordinances say regarding noise, nuisance, and stuff like that. Its pretty standard that a certain decible limit is set as "acceptable" for day time hours, and a lesser threshold is set for "nighttime" hours. Many ordinances actually specifiy what kind of device must be used to measure the decibles.

 

Long story short, even if you go buy yourself one of these gadgets and bother to record the noise violation, then you'd have to go file a complaint with the cops. File enought complaints and you'd likley have grounds for something like an injunction/restraining order, which would probably require an attorney's services to obtain.

 

The other way to look at this is: who does this guy work for? If he's independent, you're pretty much stuck with what I outlined above. But if he works for a specific company, then you want your criminal complaint with the police to also name the company because they'll likely get fined. It shouldn't take more than one or two of those fines before the company this guy works for straightens him out, or fires him.

 

 

Absolutely spot on.

 

Also, check if he has one of those "HOW AM I DRIVING?" numbers. Constantly, call it complaining of reckless driving near your street. Not only will he get reprimanded by his company. After so many, he'll be fired.

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Start with your municipal offices. Many cities/towns have ordinances prohibiting the parking of vehicles over a certain length on some streets. For example, the two local boroughs here have ordinances which prohibit the overnight parking of vehicles over 24 feet in length on all boro streets.

 

Good luck.

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Thanks for the replies. I took a quick look at my online city code and here's what we have...

 

Disturbing the peace has no decible limit, but instead uses the term "reasonable" and loosely defines it as something that can be clearly heard off of the premesis. Unfortunately, that law is only in effect from 10 pm-7 am.

 

And I see nothing in the city code about parking commercial vehicles long-term on residential streets. I found that somewhat surprising, but perhaps it's a county or state law? I might do more searching later on. I also saw no obvious company markings on phone numbers on this guy's cab (it's basically all white), but I'll check more closely when the redneck prick returns. If I see a company phone number, they'll be getting a phone call from me.

 

If I have no real legal recourse, I might just call the police and complain next time for the hell of it. They can choose if they want to do something about it or not.

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What yo momma said.

 

If a city ordinance doesn't address the situation, you're probably out of luck. Going to court will most likely be a waste of time and money.

 

Even though you reviewed the ordinances online, I'd make a call to the city ordinance officer.

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I take it your not part of a home owners association? Mine just passed a new ordiance that you cannot park any company truck, van etc outside anywhere. Stupid stupid stupid, now I dont drive one of these but I dont feel the pool guy and the HVAC guy down the street are just white trash cause they work hard for a living.

Edited by Hat Trick
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The city I live in has an ordinance prohibiting home owners from parking recreational vehicles on the street or in the driveway. However, I live close to a lake so that is likely why we have that ordinance.

 

I still would not be surprised to find that some where in the city code is an ordinance that prohibits commercial traffic in neighborhoods or parking of commercial vehicles on a residential street.

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now I dont drive one of these but I dont feel the pool guy and the HVAC guy down the street are just white trash cause they work hard for a living.

 

I don't think that this guy is white trash because he drives a truck for a living. I think that he's white trash because of the way that spoke to me this morning and his general lack of respect for people who live in my neighborhood.

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I was wondering if any of you legal experts could give me some insight here...

 

I live in a quiet residential neighborhood in a relatively nice section of town. There's a truck driver who comes and visits somebody a couple doors away (his daughter, I'm assuming) maybe a few times a month and, not that I have anything against truck drivers, but I have a problem with them parking their semi cabs on my street. I can get past the fact that they look tacky, but I don't like to listen to their loud engines warm up for 30+ minutes at 7 am.

 

This guy was warming up his cab again this morning and he happened to be getting into the truck as I was walking to my car. So I walked up to him and asked nicely if he could please not run his engine for a half hour early in the morning. He immediately beame defensive, pointing out that I don't know anything about semis and that the engines need to warm up for at least 15 minutes (and condescendingly called me "pardner" several times.) I said that's nice, but his engine is making a lot of noise and is disturbing the peace. He then told me that I can go across the street and have a "bitch-fest" with the lady who was bitching to him earlier (so I'm not the only one who has a problem with it). I then reminded him that this is a residential neighborhood and not a truck stop, and didn't stick around to hear what this ignorant piece of white trash had to say next.

 

So, since this guy decided to be such a prick to me this morning, I've decided to make his life as miserable as (legally) possible the next time that he parks his semi on my street. If I were to call the police, would I have a legitimate claim for disturbing the peace? And I'm not sure what my local laws say, but I'm not sure that semis are even allowed on my street for anything more than pickup or delivery. Any thoughts?

 

 

 

You seem like a whiny prick to me.

 

No offense of course.

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Thanks for the replies. I took a quick look at my online city code and here's what we have...

 

Disturbing the peace has no decible limit, but instead uses the term "reasonable" and loosely defines it as something that can be clearly heard off of the premesis. Unfortunately, that law is only in effect from 10 pm-7 am.

 

And I see nothing in the city code about parking commercial vehicles long-term on residential streets. I found that somewhat surprising, but perhaps it's a county or state law? I might do more searching later on. I also saw no obvious company markings on phone numbers on this guy's cab (it's basically all white), but I'll check more closely when the redneck prick returns. If I see a company phone number, they'll be getting a phone call from me.

 

If I have no real legal recourse, I might just call the police and complain next time for the hell of it. They can choose if they want to do something about it or not.

 

 

 

I take it your not part of a home owners association? Mine just passed a new ordiance that you cannot park any company truck, van etc outside anywhere. Stupid stupid stupid, now I dont drive one of these but I dont feel the pool guy and the HVAC guy down the street are just white trash cause they work hard for a living.

 

 

I was going to mention the same thing as HT. Not sure if you have a HOA, but if you do, most don't allow commercial vehicles to be parked on the street. I know that is the case in our neighborhood, and various people have gotten "letters" telling them to move campers, boats, larger oversized work vehicles (box trucks). Granted, the letter won't go to your friendly neighborhood truck driver, it'll go to his daughters house, but, it might be a way to help keep him outta the neighborhood since his daughter is the one who needs to live there.

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I don't think that this guy is white trash because he drives a truck for a living. I think that he's white trash because of the way that spoke to me this morning and his general lack of respect for people who live in my neighborhood.

 

 

 

If it were me, I would consider regrouping and talking to the neighbor that he is visiting. They may just be amiable to working something out where the truck can be parked somewhere that will not disturb the neighborhood (like in a nearby lot...)

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I don't think that this guy is white trash because he drives a truck for a living. I think that he's white trash because of the way that spoke to me this morning and his general lack of respect for people who live in my neighborhood.

 

 

yeah i know, was stating why my neighborhood assoc might have went in this direction, which is stupid and very untrue

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i cant wait for the thread about a mack truck doing donuts on your front lawn

 

 

 

Yeah. what Swerski needs to do is post a sign in his neighborhood saying what time it would be appropriate to get up and get ready for work in the morn so he can sleep past 7 without noone interupting him.

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