texas neighborhood abatement act

texas neighborhood abatement act

Posted in the Fort Bend County Forum

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uglyokie

United States

#1 Dec 18, 2006
Fort Bend County. I live in the unincorporated area in a neighborhood under sonic attack by boom car thugs. They live about 1/4 mile away and play boom boom all hours. My wife and I and neighbors can't sleep and feel like we are under attack in our own homes with no escape. The 85 decible noise ordinace is useless against deep bass.
I've recently heard of Texas neighborhood abatement act where supposedly its criminal offense to inflict noise on someone 50 feet away. FT Bend officials tell me to bring them a copy of law (they've never heard of it) and they will love to lower the boom on thugs if they had law with teeth in it.
I've been to Texas freedom law library. FtBend law library without results. Anyone who knows where I can get a hard copy of law? I'd rather fight thugs than be forced from my home. email [email protected]
uglyokie

United States

#2 Jan 3, 2007
Posting on my thread again in case someone runs across it while searching noise ordinance.
I discovered the Texas Neighborhood Abatement Act has nothing to do with noise ordinance.
People living in unincorporated areas in Texas counties are basically helpless to effectively combat boom cars and boom homes. The 85 decibel state law is all we have. Legislation is being proposed to toughen the law but due to opposition it has to be written to only affect very high population areas, meaning Harris county. Even if it is successful it will not protect Fort Bend or other counties. This injustice is due to a long list of corporate and business opposition to a fair but tough State noise ordinance.
If you are considering moving to any Texas county, including Fort Bend county, DO NOT buy land to build a home or buy an existing home in unincorporated areas. You will be sorry. Boom car thugs are moving into those areas and you will have no legal means to find peace.
CAB

Houston, TX

#3 May 17, 2009
I would not mind if people every once in a while had their parties and some loud music. My issue is as you said "Thugs" or just plain disrespectful jerks who have no jobs. These morons do not have to get up at 5AM and think they are entitled to do this crap. I always want to go by theit house at like 6AM once they are asleep and play Bach at 200DB and see how happy they are about that. The big issue is that I do actually respect others and will not do this as others would hear this.
I have been thinking about moving and am glad I saw your post as now I will look to be in the city limits so I can really get after these people.
Tough Guy

Katy, TX

#4 Aug 4, 2009
I have the same problem, one house in the neighborhood, annoying 3-4 houses in each direction, they drink all night opening the garage door and blasting the neighbors with this Hispanic music. I went and faced them, I told them you can be a good neighbor, respect the other's freedom to live in peace and quietness, rest after a long work day, or you can be a bad annoying person the way you are now, in this case you have about 12-13 enemies around you, and believe me we can do a lot to annoy you as well. Now they still have a party but no loud music.
Sick of Boomers in Texas

Palatine, IL

#5 Aug 26, 2009
I live in North Harris County, and have not had a good nigth sleep for about a year now. Developed high blood presure which I am taking daily meds for to keep it in control. Constant chest pains, migraines and irritability. My house rattles and shakes every hour of the day or night. Tehano Music, R$B and other junk.
Contacted District legislators office months ago, nothing done or attempted to be done. I am outside City of houston Limits therefore it has to be a state law to ban the boomers. Constable doesnt do a thing either. HOA tells me to follow them and get their plate # and their addresses and the name of the owners. Hellooo now I should be policing around for the HOA. Funny stuff.
I called the city, sheriff;s nobody has any resolution or suggestions to the problem. Enough is enough people.
I wanna sell my home and move, but thanks to todays circumstances and all the foreclosed homes and "cool" neighbors my home value drop 45000 dollars just from the last year and others are sellign way bellow market allowing thugs to move in with their extended families.
No boomers and no loud tehano parties in driveways and garages.
People we need to do something NOW
KelliRay

Austin, TX

#6 Oct 22, 2009
Hello,

If you live in Harris County, I was told that you call your local law enforcement. Usually, your MUD pays for security patrol and law enforcement contact info is posted on a sign near the entrance of your subdivision. Once you contact law enforcement, they should measure the noise. Over 85 decibals is considered too much, according to the Texas Penal Code Chapter 42, Section 42.01. The party responsible for the excessive noise can be ticketed on a class C Misdemeanor.
Sick of Boomers in Texas wrote:
I live in North Harris County, and have not had a good nigth sleep for about a year now. Developed high blood presure which I am taking daily meds for to keep it in control. Constant chest pains, migraines and irritability. My house rattles and shakes every hour of the day or night. Tehano Music, R$B and other junk.
Contacted District legislators office months ago, nothing done or attempted to be done. I am outside City of houston Limits therefore it has to be a state law to ban the boomers. Constable doesnt do a thing either. HOA tells me to follow them and get their plate # and their addresses and the name of the owners. Hellooo now I should be policing around for the HOA. Funny stuff.
I called the city, sheriff;s nobody has any resolution or suggestions to the problem. Enough is enough people.
I wanna sell my home and move, but thanks to todays circumstances and all the foreclosed homes and "cool" neighbors my home value drop 45000 dollars just from the last year and others are sellign way bellow market allowing thugs to move in with their extended families.
No boomers and no loud tehano parties in driveways and garages.
People we need to do something NOW
Judy in Harris County

Houston, TX

#7 May 17, 2010
We live 3 miles from Sam Houston Race Park and many years ago, because they weren't making any money, they started having concerts and other events there. Two weeks ago we started hearing the concerts inside of our homes. When I called them the next day, the lady said it was because it was a clear night and sound carries. Another lady told me it was because the wind was blowing in our direction. It seems odd to me that after hundreds of concerts over the years this is the first time we ever had a clear, windy night. I think they must be doing something different - louder speakers or something. She said they want to be good neighbors, but the same thing happened this past Saturday night. We've called the Sheriff's Dept. and naturally they say there is no noise ordinance and that they can go over there, but there is really nothing that they can do. Around 10:00 p.m. I called again and they said Deputies went over there, but it continued until midnight. We can hear the music inside of our house and can hear them speaking on the microphone and can also hear the people clapping. Has anybody come up with anything to help with this noise we are all experiencing in one manner or another? Thanks.
Jack Newman

Houston, TX

#8 Jun 12, 2010
I live near the fort bend / harris county line and have a neighbor that start playing loud music on the weekends from 12noon to 3 or 4am - Is there anything that can be done about this booming hispanic music. Can ICE be called in and check to see if these people are here legally. I see why the state of arizona is doing what is doing. Enough is enough.
Jade in Fort Bend County

Katy, TX

#10 Aug 22, 2010
I feel your pain. I live in Fort Bend County and I've been dealing with nonstop noise for about a month now. It literally goes on all night every night. My house and entire body vibrate along with the bass from the surround sound system. I have called the police four times to no avail. In the abscense of a noise ordinace there isn't anything that they can legally do. At this point, I feel like I'm being harrassed. They have turned the volume up and are now doing it intentionally. I'm a new home owner and am amazed at how inconsiderate, not to mention, immature people are.
frustrated

United States

#11 Aug 23, 2010
Prevent 4 is useless. I posted here back in 09. Nothing changed. The only thing to do to avoid this veal is to sell and move and tests what I'm doing. Sad but only way out. Freaking trash they ruined our neighbourhoods.

Since: Aug 10

Houston, TX

#12 Aug 26, 2010
The day after I posted my previous comment on May 17th I found out the name of the Asst. Director of Sam Houston Race Park and told him of the problem. He said perhaps their equipment needed to be recalibrated and he would check on it. Since then, up until last Saturday night, we didn't hear a thing from them. Had to call him again and he said he was beginning to believe that perhaps it is because the wind is blowing in our direction and he would research it. That sounds like a bunch of you know what to me. However, the good news is that he said there will be no more concerts there until next April. So, as far as that place is concerned, we don't have to worry about it. And, one way or another, by then hopefully I'll be living within the city limits. Maybe you have to call the police more than once, but at least they'll eventually do something because there is a noise ordinance. And, if nothing else, they'll get tired of you calling and will finally do something, especially if you tell them you want to talk to the Sargeant in charge.
Just some info

Gainesville, FL

#13 Dec 3, 2010
I believe this is what the original poster was referring to, but it doesnt look like it applies in your case.

The Texas Neighborhood Nuisance Abatement Act is a law intended to eliminate public nuisances in unincorporated areas of Texas. Examples of neighborhood nuisances include accumulated rubbish, standing water, conditions that harbor insects and rodents, abandoned swimming pools, high weeds and dilapidated structures. Following an investigation that results in a nuisance notification, a property owner or occupant has thirty days to eliminate the nuisance. Failure to comply can result in civil action or criminal prosecution.
Happy

Sugar Land, TX

#14 Jan 4, 2011
I used to have problems with neighbors out here in Ft Bend with loud parties, until one night, I just went on their front lawn and did donuts in my car, got out, and lit their front lawn on fire with gasoline.

People seem to think they can do whatever they want b/c the law can't. A LOT of people don't realize that some of us don't mind a stay overnight in jail.

Needless to say, they are VERY careful about the noise and have people not hang outside the front and be loud after 11pm.
fatkansas

Spring, TX

#15 Jan 8, 2011
it is time to start a petition to require the counties to write enforceable noise ordinance (the state law is a joke, 85 dcbls is your car horn when you head is under the hood!). even though my uncivilised neighbors have been warned more than a dozen times (out of more than 500 episodes) the deputies have yet to write a ticket. now the dispatchers just laugh and repeat that the county (harris) doesn't have a noise ordinance. THIS MUST CEASE! some of these perpetrators have PA systems and are heard more than 1-2 miles away. the harley hog bar on 2920 was more than 5 miles away and there were times that it violated my home. thank God it's finally gone. it was help from the constable that finally put it to pay.
if your interested in helping, let me know. NO ONE has the right to force you to listen to their amplified noise, reproduced or live. if it can be heard in your house, car building or more the two feet away on a public street, it should be an offense.
the sherrifs deputies and the ada's are doing what they can to NOT enforce the law. i've even had them tell me that this is what i get for moving to an unicorporated area of harris county. if we can get a county ordinance, they can't dodge their duties any longer.
how about it? lets start a petition NOW!
Judy from Harris County

Houston, TX

#16 Jan 9, 2011
I'm with you. I'm not sure how to go about starting a petition though. I tried going to our Homeowners Association several years ago, and at the time all they said was call the Sheriff's Department, but nine out of ten times they never showed up. However, about a month ago when a neighbor was having a loud party I called our HOA President and, much to my surprise, about 15 minutes later the Deputy Sheriff showed up. He stayed about 15 minutes talking to the people, and they turned the music off. But about five minutes later it started up again. We immediately called the Sheriff's Department again and what a surprise again. It was really cool to see! They came skidding up in front of their house and turned the siren on for a couple of seconds. He was there about 20 minutes this time. I could see him out in the street with a man and woman and they were handing things back and forth to each other. Maybe their identification because he was giving them a ticket. Nothing has happened there since.

But they're not the only ones in the neighborhood who play that booming music. So, something needs to be done. Even though we have been living in this neighborhood for a long time, we really don't know our neighbors except the lady across the street and it's just sort of a "hi" just in passing. I recently wrote our County Commissioner regarding the problem, and he gave me the name of a Captain at the Sheriff's Department to call, but when I called, he was not there.

He also wrote the following: "Unlike the City of Houston, Harris County does not have ordinance making authority. As such, before there can be a regulation for the County to enforce, the State Legislature must have given them the authority to do so." So, it is something that must be passed before the State Legislature. He then recommeded that I notify our State Representative and State Senator of our concerns, which I will be sending out letters in the next couple of days to them. However, receiving one complaint from one person isn't going to get anything done; but I'll see what they suggest and get back to you on this forum when I hear something, which is hopefully soon.

I think it would be a good idea if others on this forum do the same thing within the next few days. Once again, it makes a bigger impact on our Representatives and Senators if they hear from a bunch of people. If anyone doesn't know the name of their Representative or Senator, it can be found in the White Pages. Please let us know on this forum if you intend to send a letter and if you receive a reply, and hopefully between all of us we can decide what plan of action to take.
fatkansas

Spring, TX

#17 Jan 10, 2011
it's my understanding that the last state ligislature passed a law REQUIRING the counties to enforce the state law. the problem is (i have a copy) that the state lawwas written to be practically unenforceable. it is tantamount to saying that the "liquor store deseved to be held up because it was there".
i' now checking out the validty of the, i think, texas penal code: title 9, chapter 42, paragraph 5, that essentially puts the onus on the perpetrator for causing any disturbance. i'm hoping this turns out to be the case as the state law should be revised along these lines. the question isn't how loud it is and the sherrifs dept here refuses to accept decibel meter readings except from a self contained recording and printing meter, but that it is a disturbance to you.
the idiot stste law in effect says that if it's only 79 deibels, it's ok no matter how much it violates you rights to peace and quiet in your own house.
the stste law says that ONCE they (perpetrator) has been warned by a magistrate or a police officer they are liable to being ticketed, yet these neighbors have been warned by officers more than a dozen times and have yet to be ticketed.
i also don't know how to get started with a petition, but i too will be looking into it. this nonsense must stop and we'll have to be the ones to stop it!
keep in touch!
Pissed off in Katy

Houston, TX

#18 Mar 7, 2011
We bought a house here about 4 yrs ago thinking we were no longer having to slum it out in an apt in the "hood" but it's funny how the "hood" was never this loud... Our dumb ass neighbors have the dum dum dum dum music blasting way higher than 85db and their freaking kids out all hours of the night playing and hollering... Don't they go to sleep?? I remember when I was in Elem and middle school, unless I was waiting for a ride from my parents or my friends parent, I had my ass home by 8.. 830.... These freaking kids r out close 2 midnight!!! WTF!?! I hate Katy! Shoulda stayed in the "hood" where it isn't as bad as living close to illegals who think they are still in Mexico and Salvador.
fatkansas

Spring, TX

#19 Mar 21, 2011
Just received a response from state Senator Dan Patrick to a letter i sent entitled: why we need an ENFORCEABLE noise law (state and county).
Sen.Patrick refers to pending House legislation ( HB2687) that deals with noise in unincorporated areas of the county. It doesn't go far enough but it is a start and lets us know that there are others out there that are tired of being assaulted by the "boomers".
I would urge everyone to contact their State House Representative and if possible get this bill passed, or even get a better one working. it is time the "booming" stops!!!!

Since: Oct 10

Friendswood, TX

#20 Mar 25, 2011
http://blogs.chron.com/northhoustonnews/2009/...

In 2009 Rep.Walle filed a noise ordiance for Harris County. We followed this and it failed. It failed because he attached it as an amendement to another bill that was doomed to fail.

We call his office to ask why he attached it to a bill that was most likely to fail. We were told someone that lives in Dallas, Texas, mind you I live in Harris County, in Houston, Texas, did not want the noise bill past. Go figure that one!

We call the police out if the music goes past 10 p.m. A few us neighbors, who have lived in this neighborhood for 20 + years have managed to keep things pretty quiet by calling each and everytime. When a new renter moves in, we give them the low down that loud music will not be tolerated and the police will be called..
Angie

United States

#21 Mar 25, 2011
To live in a neighborhood and know that your neighbor is a thug is just awful. I bought a house four years ago and just last year I was burglurized three times in less than five months. I know my neighbors, the thugs, know who had done it but they didn't talk; instead they covered up. I know it because day and night it never fails that teenagers stand around my neighbor's house, the thugs, just to drink and listen to chop and screw music past curfew. I can't call the cops because i'll get turned in. One of my neighbor's called the police one night and the stupid officer went over to my neighbors house, the thugs, and ask to lower the music down because the neighbor across the street called to report noise disturbance. WTF?!? i found out because one night my neighbor, the thug, was talking about the incident outside of their garage. How can we protect ourselves when the law doesn't stand by our side? That's scary especially in my case because my husband works nights so i'm pretty much alone. I don't know what else to do. The value of my house dropped as well as the other houses in my neighborhood so selling it is out of the question; i can't afford it. I'm stuck, I'm being intimidated, i'm being bullied, and i'm getting frustrated. I don't see any options. UGH! Oh, by the way I'm American, My mom is Salvadorean and father is Mexican. They never brought us, my sister's and me, to be a nuisance in our community. I know a lot of families like that too. Please, don't stereotype. My neighbors are Thugs because they talk like it, because of the music they play, because they are delinquents, because they walk down my street, and because they don't have jobs.I too want this stop in my neighborhood, i just don't know what else to do.

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