Peaceful enjoyment of property

Common law (and modern statutes) have created the expectation that we can have peaceful enjoyment of our own property. I claim that right and extend it to those around me.

In my case we bought this home on a busy street next to Little League baseball field.

To be sure, things have changed since 1988. The road was widened in 1989 and traffic has increased dramatically.

As for the baseball fields, the lights were added, as was a sound system. A higher fence was installed and games are played until 11:00 pm now. And, of course, the lightning alarms were added to further encroach on my peaceful enjoyment.

All these gradual additions were made without my approval. But I just accept it for what it is.

Now, the case at hand. My neighbors next door have never been particularly noisy, even when they had four families crammed into the house. Sure, there was a party last summer with loud music, but they shut it down at 11:00 pm and I didn’t have to call it in.

And earlier this year they had a DJ and a loud sound system going for a party of some sort. But it was in the afternoon and I just let it go. They should be able to enjoy their property as well.

Last night was different. Two Hispanic men, sitting in front of an open garage, playing the car stereo (thump-thump-thump) and having some beers. That was the scene when I went to bed at 10:30.

At 1:20 am they were still at it, so I made my first call to the Elgin Police non-emergency number. About five minutes later two black-and-white squad cars arrive, shining a spotlight on the house number. Of course, they immediately turn off the music.

But the police never got out of the cars. Nor did they even make any contact with the two men. The police just drove away. (I don’t think those two noise-makers even saw more than a passing look at the officers.)

You guessed it, the music came back on a couple of minutes later and the volume gradually went back up to the original level.

So, I called the police again, at 1:35 am. I explained what had happened to Heidi the dispatcher and she said she’d send someone by again.

It was 2:05 am when the second officer arrived. Again, they saw the spotlight and turned the music way down low. But he pulled in the driveway anyway and told them to turn it off. He didn’t check IDs or take down names. He just told them to turn it off.

That seemed to do the trick. They two drinkers hung around for another half hour, then one of them got in a car and drove away with six beers in his system.

I have greater sympathy for those of you who deal with noisy neighbors on a regular basis. But don’t apologize for calling in noise complaints. You have every right to expect that you can sleep with the windows open and not have to listen to the thumping bass of loud music.

As for the two cops who first arrived at the scene, they were a waste of resources. Their little stop yielded nothing.

You can ask the dispatcher to have the officers report in with you after they speak with the neighbors. I think I’ll do that next time.