Neighborly Nuisances–Part Two, the Noises

By: Kim Douglas Sherman, Esquire.

A nice neighbor is a nice thing to have, but a bad neighbor is a nightmare. Sometimes it is just the little things that are annoying. Perhaps they have a dog that barks incessantly or maybe it is a parrot cackling to itself night and day. In this series of articles we are talking about the neighbors’ animals, trees, yard, garbage, and noises that get under your skin.

 

Lighthouse Point City Code section 10-33, declares that it is a public nuisance if the neighbor allows any animal to habitually bark, whine, howl, crow, cackle in a manner that annoys or interferes with neighboring residents’ sleep or peace of mind. Section 30-63 makes the conduct unlawful. To get the City to act against the noisy animal’s owner, you need to make am series of complaints to the police or animal control officers, because it must be shown that the noises are “habitual.”

Do you hate those loud yard machines? There is no stopping progress, but you can stop the use of motorized lawn maintenance devices between the hours of eight p.m. and eight a.m.. Section 30-65 of the City Code makes it unlawful to operate mowers, edgers, trimmers, shears, blowers, and other motorized lawn tools during those hours. Hopefully, you do not work the night shift.

If your neighbor has a quirky burglar alarm or a car that has a alarm which goes off at the drop of a hat–those can be a real nuisance. If the alarms do not go off within 15 minutes, they are unlawful according to Section 30-67. If it is not the time that the alarms go off, but it is the amount of times, then you may find some relief in the Code that pertains to noises in general.

 

During the “day” hours of seven a.m. to ten p.m. no noise may exceed 60 decibels (abbreviated “dB”) measured at the property line, and during the “night” hours the decibel level is limited to 55 dB. Air conditioners may not exceed a level of 65 dB. For those of us who are not sound experts, here are some average sound comparisons: a refrigerator 50dB, a washing machine 62.5dB, a ringing telephone 80dB, a baby crying 110dB. This kind of complaint is going to require a sound expert.

 

If you are annoyed, try the peaceful approach. Perhaps, consider a sound barrier like a line of bushes. If you know your rights, you can teach your annoying neighbor and ask for voluntary compliance. In our next articles on Neighborly Nuisances we will take up the subjects of offending animals, flooding, and property use. Stay tuned; there will be something to annoy everyone.

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Neighborly Nuisances–Part Three, Annoying Uses

By: Kim Douglas Sherman, Esquire.

Please go to: www.shermanlegal.com A nice neighbor is a nice thing to have, but a bad neighbor is a nightmare. Perhaps they use their yard to advertise their points of view. Maybe they drain their property onto your property. In this part three of the series, we discuss some of those types of problems.

 

If the neighbors’ yard is higher than yours, you may expect water to flow from the neighbors’ property on to yours. Often, such drainage causes flooding or erosion. Make sure to take action promptly once you conclude that there is a continuing problem. If you are slow to act, you may be left without a remedy because Florida has statutes of limitations, which cut off claims that too old. You may demand that your neighbors install a drainage system that abates the flooding nuisance. The offending neighbors should pay both the cost to abate and the cost to repair the damages to your property.

 

If you have lived in Lighthouse Point for some time, you probably know that yard signs are strictly controlled. The city does not allow temporary yard signs that signify that the property has been sold or rented. Only plain signs, not in the right of way, are permitted to indicate a house is for sale or rent, and the size and durability of those signs are specifically controlled. If a neighbor is offering a vehicle, trailer, or boat for sale, their single sign cannot be larger than one foot by one foot, and the resident at that property must own the property being offered for sale.

 

These provisions in the city code effectively prohibit your neighbor from conducting a business next door. These days we often have the problem of abandoned homes. While we discussed the unkempt yard in our previous article, we comment now on the cesspool, which had been a swimming pool. Both state law and city code prohibit sanitary nuisances; this includes anything which may threaten or impair the health of individuals or which may cause disease. Allowing a swimming pool to become stagnant falls into those prohibitions and ones against providing a habitat for the breeding of mosquitoes. Abandoned boats and non-functioning vehicles are also deemed to be public nuisances. You do not have to look at them rusting in the yard next door.

Our final comments are addressed to the neighbors who are conducting a perpetual party–not your type of party. It is not just the noise annoyances, but our laws also prohibit places where illegal activities, drugs, or gambling occur. Even the coming and going of cars during the night or day, if it happens often enough can be considered a nuisance. Loud guests and slamming doors can be annoying over time. A video camera, a logbook, and calls of complaints to the police are often necessary.

 

You, who have good neighbors, embrace them; they are nice to have.

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How To Hire A Lawyer

By Kim Douglas Sherman, Esq.

If you want to get the most lawyering for your money, read on. Your first step should be to identify your problem and legal needs. Do you need a will? Does someone owe you money? Maybe the company you hired will not finish the job? Make a list of your questions and prepare to get some answers.

 

You should be looking for a lawyer with local knowledge, who knows the judges, experts, and the way it gets done where you need it done. Your best source of referrals is your friends or business associates–people whose opinions you trust. Check with the county bar association for a professional referral network. If all else fails look in the telephone directory under the area of specialty that you need.

 

When you call the lawyer for an appointment, you should feel welcomed. Ask if there will be an initial consultation fee. When you meet with the lawyer ask him or her to tell you what are their qualifications to do your job. Read the lawyer your list of questions and ask for answers. Ask the lawyer to evaluate your position. What is the
downside risk and maximum cost? If you win what is the chance of getting paid? Ask the lawyer to be candid–is it worth hiring him or her? You may want to ask the lawyer toput his or her opinions into writing.

 

When it is time to talk about legal fees make sure that you know all the terms and add some important ones of your own. Make sure the agreement is in writing and that you have received a copy. Ask if the lawyer will put a “cap” upon the fee or set a fixed fee. If the charges are on a time basis, ask what the minimum billing time unit will be–
will the charges be by the tenth of the hour or greater? Make sure that you know which lawyer will be performing your work. Have the lawyer commit to give you copies of all documents received and sent out regarding your case. Tell the lawyer that you will not tolerate churning, that is billing for lawyers in the same firm to talk to each other or their para-legals about your case. Insist that you want regular billing on a monthly basis that specifies the services rendered and the specific time charged for each service.

 

Get one last promise from your new lawyer. Make him or her promise to call you back within the same day that you call or before the end of the very next day. Now you have a firm basis upon which to build a satisfactory relationship with your lawyer.

GOOD LUCK!

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Walking the Dog or Just Walking, Jogging, or Running in Lighthouse Point

By Kim Douglas Sherman, Esquire.

Did you know that we have laws that govern the way we travel “afoot”?

Get out of the street! Florida Law, Chapter 316.130 governs pedestrians. “Pedestrian” is defined as any person who travels “afoot”–so joggers and runners pay attention, too. Subsection (3) requires that you stay on the sidewalk if there is a sidewalk. If there is no sidewalk, subsection (4) dictates that you must travel on the left shoulder of the roadway in the direction that you are going so that you are facing the approaching traffic. That makes sense, because it gives you a chance to jump out of the way of a distracted or out of control driver. Good luck with that! Maybe they should add a law requiring pedestrians to wear bright and reflective clothing.

 

Some of our citizens think that a pedestrian always has the right of way. Right? No, wrong. If you are crossing the street, other than in a crosswalk, you must yield to vehicles. Look for those crosswalks and use them, because that is required by our state law. In Lighthouse Point, your dog must follow the same traffic rules, as you must do. Why? In Lighthouse Point our code of ordinances, Section 10-32(a), requires that no dog may be at large. That means that your dog must be on a leash, or chain of sufficient strength to control the animal when it is not on your own property, and (I know this is no surprise to you) the owner must be attached to the other end of the restraint.

 

Hold tight to that leash. Florida law, Section 767.01, is very clear that whoever owns or should be in control of a dog, is legally responsible for the damage done to persons or other animals caused by the dog in a public place. It does not matter if the dog had no previous signs of aggressiveness.

 

Here are some other Lighthouse Point Ordinances to note. Section 10-34, requires all dogs and cats, older than 2 months, to have a Broward County license. Section 10-40 prohibits walking your dogs or cats in any public park, unless there is a special event that permits them.

 

Finally, while we are speaking of walking your dogs, I am duty bound (no pun intended) to touch on the subject of cleanup. Lighthouse Point Ordinance Section 10-33 makes it illegal to allow your pet to defecate on any public or private property, except for your own property, unless you “make an immediate effort to remove the feces.” So, if that is the law, why do we need to watch out where we place our feet?

 

Be careful and be safe.

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