I received a letter recently from a reader in Indiana. He advises that a column that I had previously written on noise ordinances was informative and that he has his own noise problem.

According to the letter, this person lives in Indiana in a residential community. He advises that there are cars with loud radios (you all know what he means) that are playing their music at over 100 decibels. He indicates that he has discussed this with city officials on numerous occasions and that nobody seems to be willing to help him.

According to the reader, the city claims that its noise ordinances are "unenforceable." He wonders why the municipality would enact an unenforceable noise ordinance and why so many people are getting away with making this kind of noise. I wonder some of the same things. He calls these loud drivers "audio terrorists." The reader wants to know what recourse he might have and informs me that he is not "suit happy."

Many municipalities and state governments in the United States have tort immunity statutes. Under these laws, it is difficult to sue a government for all but a few kinds of actions. Generally, these statutes make it difficult to sue a local government for not enforcing its laws.

Therefore, if a person were inclined to sue its local police department for not enforcing its noise ordinances, such a lawsuit would likely not be successful if a statute existed that precluded these kinds of lawsuits. It’s important for people to check with a local lawyer to determine whether such a legal preclusion exists.

Most municipalities and local governments have noise limit statutes. These noise laws generally preclude noise that is disorderly or disturbs citizens' general welfare. In addition, many statutes preclude noises above certain decibel levels.

If the reader's state has a noise statute, the reader may have a private right as a citizen to file a lawsuit to enforce this statewide statute. Such an action is typically referred to as a "private attorney general" lawsuit. Again, these kinds of lawsuits are not available in every jurisdiction and where they are available, they are only available under limited circumstances. It is important to consult with a local attorney to determine whether this remedy might be available.

There is always a non-legal way to address loud cars. If the local police department refuses to enforce its laws, then the reader and his neighbors should consider attending town council meetings. They should attend as a group and should make it known that this group plans on attending until the problem is taken seriously. The reader might even want to consider purchasing t-shirts which will demonstrate that the group is both unified and determined.

Along those lines, consider contacting the press. Often in these kinds of neighborhood disputes, the press can play an important role in bringing attention to a mal-treated community's particular plight.

In conclusion, loud noise issues can be difficult to address and in certain instances the law may not provide that much help. The reader will need to consult with a local lawyer to determine the level of redress that may be available. However, neighborhood participation at town council meetings may very well provide the kind of relief needed: and that is a willing ear by the local police department.

Published: April 15, 2004

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Stuart Lieberman, Esq. writes about environmental issues. He was a New Jersey Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 to 1990. Currently he is a shareholder in the environmental law firm of Lieberman & Blecher, P.C., located in Princeton, New Jersey. Stuart can be reached at slieberman@liebermanblecher.com.