Un-neighborly neighbors

[Marthe48]

She is raising her 13 y.o. grandson and let him buy a dirt bike. He is running it up and down the hill past my house, back and forth to another neighbor. I have a corner lot and he is also going around, so I'm getting the noise from 2 sides. Up the hill, where they live, the road dead ends in a church parking lot. She said a cop said he could ride it between the 2 houses. He just started this in the last few days, since his birthday. After the 5th or 6th trip past my house today, I texted her to complain, and she told me to get ear plugs.
When her house burned, I let her do her laundry at my house until they got a rental. When her husband had to go out of town to a hospital and died there, I went up and sat with her dogs twice a day until she was back home. I put her on my morning circle, people I check in with, so we all know we are okay. When I complained about the dirt bike, I assumed I'd get some cooperation, and I sure didn't expect that entitled brush-off (from a fellow Dem).
I am going to call the state patrol tomorrow to see if I have any rights. If it were once or twice a day and straight up and down the hill, I could grit my teeth, but it is going to be multiple trips and he'll drive it around as much as he can he get away with. She has several wooded acres, that abut on more wooded acres, and I wish he'd stay on his property.
I know I'm venting. I'm staying in because of the virus, and there is no place in my house I can't hear the street noise. Except for him, it would be a quiet street.

[Rorey]

1. Cops don't make the laws

You may want to check the laws in your state, if you haven't. That officer doesn't have the power to give permission for the boy to break the law if it's not legal for him to drive his dirt bike on a public road/street.

[Marthe48]

7. I checked, haven't got all the answers

Stepped on my last nerve right around the time the office closed. I'll follow up again tomorrow. ty

[Rorey]

2. Just want to add

When the novelty of his new dirt bike wears off, he may not want to ride it back and forth past your house so much.

[Marthe48]

8. Hoping for that

or that he'll tear it up like the lawn tractors he's gone through.

[jpak]

3. Post your property, then call the cops

That's what I did when local kids were driving snowmobiles and ATVs through my yard at all hours.

Put an end to that real quick.

[Marthe48]

9. He stays on the street

I wish I could post the street :/

[Tipperary]

29. I do not belong there is any jurisdiction that allows 13 year olds to be on a street.

I feel certain the bike is not registered or covered with insurance either. Call the cops.

[The Wizard]

4. If you are unable to

enjoy the benefits of home because of intrusive noise you can sue for damages. Start by getting a prescription for tranquilizers and regular visits to a doctor relating doctor's visits to an anxiety disorder caused by offensive noise. Or put a fog horn next to your house that you can blast when he rides by.

[Marthe48]

10. I already have an anxiety disorder

this isn't helping. I got a prescription last summer, to get through my eye appointments, hate to end up taking them to feel okay in my own house.

The hill is so steep, that different times over the years, several kids on bikes wrecked because they were racing down the hill so fast. At least 2 had to get medical attention. So that's in my mind, too.

[elleng]

5. Nuisance A legal action to redress harm arising from the use of one's property.

The two types of nuisance are private nuisance and public nuisance. A private nuisance is a civil wrong; it is the unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual Trespass or physical invasion to the land. A public nuisance is a criminal wrong; it is an act or omission that obstructs, damages, or inconveniences the rights of the community.

The two types of nuisance are private nuisance and public nuisance. A private nuisance is a civil wrong; it is the unreasonable, unwarranted, or unlawful use of one's property in a manner that substantially interferes with the enjoyment or use of another individual's property, without an actual Trespass or physical invasion to the land. A public nuisance is a criminal wrong; it is an act or omission that obstructs, damages, or inconveniences the rights of the community.

https://legal-dictionary.thefreedictionary.com/nuisance

[Marthe48]

12. Thank you for the information

He isn't using my property. I don't think we have noise laws. In Ohio, you have to be 14-15 to get a motorcycle license, but I can't find if it is illegal for a 13 y.o. to be operating a dirt bike on the pavement. The one answer I got was that it isn't prohibited to run a dirt bike on pavement or sidewalk. Not the answer I wanted.

I doubt if I'd sue her, but I feel like stepping away from the friendship. Right now, I don't feel it is working both ways.

[Rorey]

15. She doesn't sound like friend material

I actually had an issue like this on my own street. I live on a hill and a family at the bottom of it got their kid a little mini bike type thing. I tried to ignore it, and at some point it just stopped. It was quite a few years ago. Maybe someone else on my street complained, but I think it's more likely that the kid just got bored with it. Maybe if you can try to tolerate it for a little while, the same thing will happen in your situation.

The issue in my neighborhood lately is fireworks. Somebody nearby has been shooting them off just about every night. Last I checked, it's not Independence Day yet. I'm trying to tolerate.

[Marthe48]

18. Most of the time

and most of the 30 years I've lived here, it's been quiet. As new people move in, it is changing. Someone shoots off fireworks on this street, too, doesn't seem to matter if it is a holiday or not.

I hope he gets bored, goes back to his Mom's for an extended stay, they move to be closer to her family, or I'd even move!

[2naSalit]

6. Do you ever have a chance to talk to the kid?

[Marthe48]

11. I'll flag him down

but I don't know what I'll say. He is supposed to be observing some rules, but he isn't. I had already talked to his grandmother and she told me the rules. He isn't following the rules she mentioned, I told her he isn't, and she indicated she thinks he is. I asked her if there were 2 yellow dirt bikes up the hill. She didn't answer. This is the same way she's let him go his whole life. She is tucked away in the woods on the other side of the hill, and he does whatever he wants on this side. Up till now, it wasn't so annoying.

[2naSalit]

13. Perhaps

get some video showing him riding around and also standing inside your home to show how loud it is. Have had such issues in the past with dirt bikes... and I used to ride them, but not near residential areas.

[Marthe48]

14. That's a good idea

I can do that for sure. Thanks!

[Kaleva]

16. References to laws in Ohio

"4519.20 Rules for equipment of snowmobiles, off-highway motorcycles, and all-purpose vehicles.

(4) A muffler system capable of precluding the emission of excessive smoke or exhaust fumes, and of limiting the engine noise of vehicles. On snowmobiles manufactured after January 1, 1973, such requirement shall include sound dampening equipment such that noise does not exceed eighty-two decibels on the "A" scale at fifty feet as measured according to SAE J192 (September 1970)."

http://codes.ohio.gov/orc/4519

"According to Purdue University, 80 decibels (dB) is approximately as loud as a garbage disposal or a dishwasher. "

https://www.reference.com/science/loud-80-decibels-55b434cc4de10d3c

85 decibels is equivalent to a passing diesel truck. A lawn mower puts out about 90 decibels.

https://www.noisehelp.com/noise-level-chart.html

"MOTORCYCLE EQUIPMENT
Each rider must ride on a permanently attached regular seat.

Each rider must wear safety glasses or other protective eye device.

No person who is under the age of 18 years, or who holds a motorcycle operator’s endorsement or license bearing a “novice,” shall operate a motorcycle on a highway, or be a passenger on a motorcycle, unless wearing a protective helmet on his or her head, and no other person shall be a passenger on a motorcycle operated by such a person unless similarly wearing a protective helmet."


"MOTORCYCLE NOISE LIMITS
When operated at a speed of 35 mph or less, the maximum noise limit is 82 decibels based on a distance of not less than 50 feet from the center of the line of travel.

When operated at a speed of more than 35 mph, the maximum noise limit is 86 decibels."

https://drivinglaws.aaa.com/category/us-motor-laws/ohio/

For less then $20, you can buy a decibel meter from Amazon.

[Marthe48]

19. Thank you!

I will see about getting a decibel meter.

[Kaleva]

22. The decibel meter may be your best bet.

If you can show that it's higher then what Ohio state law allows.

[csziggy]

23. If you have a smart phone, there are decibel meter apps

That can measure for you. I have no experience with them and cannot recommend one, but I checked on Google play on my Android phone and there were a lot of them.

[Marthe48]

26. Thanks

I was going to order groceries, but they seem to be out of everything, so I'll look for apps

[Kaleva]

17. Some more info

"4519.41 Operation of vehicle on or near highway, street or road.
Snowmobiles, off-highway motorcycles, and all-purpose vehicles may be operated as follows:

(C) Off and alongside a street or highway for limited distances from the point of unloading from a conveyance to the point at which the snowmobile, off-highway motorcycle, or all-purpose vehicle is intended and authorized to be operated;"

http://codes.ohio.gov/orc/4519

The way I understand the above, the 13 y/o cannot ride the bike on the street itself but can alongside the street if it can be done safely.

[Marthe48]

20. This is what I thought was the law

from point A to Point B and limited distance. It is all private property and no sidewalks. All of my neighbors are lawn crazy, so they probably wouldn't appreciate his riding a bike on their grass.

[Kaleva]

21. The right of way extends into peoples yards

My neighbor recently had his property surveyed and the property lines are several feet from the street. We may like to think we own right up to the street but in truth, we don't.

My same neighbor owns an empty lot across the street from my home and I mow the section between the street an his property. Most would think I'm mowing my neighbors property but I'm actually mowing property owned by the village.

[Marthe48]

25. In some places 27 ft from the center

of the street, to each side. In Ohio.

My friend found out about the property being owned by the community and not herself. Her neighbors were parking on part of her lawn and tearing it up. When she complained, she found out it wasn't hers. The neighbors moved, and I don't think the house is rented yet.

[Kaleva]

30. In Michigan, the general rule of thumb is 33' from center. 66' total width.

So far, the only thing I've found that could help you with the dirt bike issue is the noise level. Everything else he's doing appears to be legal in your state.

"Encroachments
Public Act 368 of 1925,
prohibits the placement of any
object, except authorized
mailbox mountings, within the
county road right-of-way
unless that object is permitted
by the Road Commission.
In many instances, property
owners or contractors place
fences, rocks, trees/shrubs,
headwalls, retaining walls, or
other objects within the road
right-of-way as a measure for
improving landscape.
However, these fixed objects
often become hazards to errant
motorists, vision obstructions,
or interfere with road and
public utility improvements.
These encroachments are
subject to removal from the
road right-of-way.
Cooperation in keeping the
road right-of-way free of all
potential hazards is much
appreciated."

http://www.ottawacorc.com/wp-content/uploads/2017/01/Understanding-Road-Right-of-Way-2017-1.pdf
 

[Karadeniz]

24. You'd think after your helpfulness, they'd want to reciprocate in niceness.

[Marthe48]

31. I'd do it differently

We all do things a different way :/

[Hotler]

27. If it is a 2-stroke tell him that with todays gas you no longer have to mix in oil.

soon it will seize up and the noise will stop.

[Marthe48]

32. He burned up the motor in a lawn tractor last year

His grandma brags about how smart he is about equipment, but maybe he doesn't know about oil and 2 strokes

[The Velveteen Ocelot]

28. Borrow a dirt bike and ride it back and forth past your neighbor's house

for hours at a time.

[Marthe48]

33. ha ha me on a dirt bike

My husband tried to teach me to drive a motorcycle about 1972, a Honda 90, I think. I ran it into the garage wall. Never tried again lol

[Marthe48]

34. Thank you for your comments, suggestions and support

It was quieter today. My neighbor says she told him not to ride around the block, and he has made a lot fewer trips.
I'll work on my options, so glad I got some ideas here.

[Marthe48]

35. Update: I called the police today

For the first time in months, I got to go watch my grand kids and I was gone from home for several hours, so wonderfully pleasant. (I wore a mask almost the whole time) I got home about 3:15 and the kid was up and down the street at least 8 times in less than 3 hours. On Tuesday, his grandmother said she told him to stay on the street in front of my house, not to go around the block. Wednesday evening, I was coming into my kitchen and saw him coming up the side street, from around the block. I made a sign and put it down at the end of my lot, with his name on it, telling him to follow the rule. I down-loaded a decibel meter. I was going to take pictures and I still might if he and grandma don't obey the cops. The cop I talked to said they can stop him. I hope so.

[Kaleva]

36. Hope you keep us updated.

Your situation isn't unique and how it is finally resolved may be informative for others.

[Marthe48]

37. I didn't like to solve it this way

but he hasn't been on it for several days. I feel bad I took this step, but realized that she wouldn't have made him use the bike less and as time went on, he'd use it more. Which was already happening.