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Subject: Disturbing The Peace
| | Posted by | Message | | 4P | Posted on 3/21/2009 9:34:40 AM
OK folks here we go. If your a resident of Lincoln county and own a race car, I am told you cannot run it in your driveway. I just got a citation for disturbing the peace at my house for running my mod long enough to load it on the trailer. It falls under statue/ord 28-1322 according to the ticket. This was issued by a sherrif's Deputy to me lastnight 3-20-09. Seems to me that this will affect all of Lincoln county. I will be hiring a Lawyer to fight this in the court. I do NOT feel that we as racers with our SPORT should not have rights to work on our cars at our own homes. If it were excessive then maybe I would understand but less than 3 min run time and also once less than a minute run time and I am breaking the law. Doesnt seem right to me. Basically this tells me that I cant do this sport unlesss I have some high dollar soundproof building somewhere in the middle of no where to work on my mod, or anyone else for that matter. Also had a deputy tell me that even if it were on commercial property if a neighbor felt i was disturbig their peace then I could be cited there as well. What does this do for us racers?? Hinders our ability to do something we all love sooo much without spending nascar amounts of money. If we all had to invest in buildings that are soundproof how many of us would be racing? Not many.
This became an Lincoln COUNTY issue seeins how I live in Brady. Which means like I said it affects everyone in Lincoln county.
I could use all the support I can get on this on guys and gals. If this goes to court I will fight for it for all of us. If I am guilty then that will set a precidence for all people that dont like our sport, and that will be detrimental to our racing in this area, I dont want to see this happen. We all try to do this on a small budget, that does not include investments of thousands of dollars into a place to work on our weekend warrior sport.
Ide like to see some input from you all on this and see where we can go and what we can do to remedy this for anyone else that encounters the same problems.
If you run your car after 9 or 10 pm I can see that might cause some issue but we, here have not done that. These cars have been shut down normally before 8 pm. I just dont see where this can be a violation, if it is then maybe our rights are being violated as well???
Drive with your head not your tail.
| | Formerly Frogman | Posted on 3/21/2009 10:34:45 AM
I feel for you. We used to have a neighbor in Lincoln (the city, not the county) that for some reason had a major problem with racing. If we ran the motor in our Pro Am for even 30 seconds, I could guarantee that in about five minutes the cop car would be pulling up to our curb. It was so consistent that I could set a clock to it.
And it wasn't just the noise she hated. One race day, we had the trailer with the car loaded on it sitting along our curb getting ready to leave for the track and she called the cops on us over that as well. Apparently you can't park a trailer on the street in front of your own house.
Luckily we always just got warnings over the noise issue as the car was never running when the cops arrived. I asked them to explain the law to me and what they told me was that a noise couldn't be higher than a certain decibel measured at a certain distance. I'm not sure if your county has the same legal wording or not, but it would be worth checking into it and then finding a way to test the noise to see if you are really over the limit.
I explained to the cop that there was no way my car was louder from that neighbor's house down the street than, say for example, her next door neighbor's lawnmower would be as they are mowing right next to her window. The cop even agreed that I probably had a good point.
And the really ridiculous part about all of this is that the husband of the lady that always called the cops owned a HARLEY that he would always run in his garage, which was louder than my race car! I chose to not make an issue out of that though, as I figured starting a war with her was just going to make my situation all the tougher.
The best way to deal with this is to find out which neighbor is complaining and confront them directly in a civilized manner and work out an agreement you can both live with. Sometimes just making that personal connection with someone can help resolve issues like this.
Fortunately that worked for me. I agreed to specific times I would and would not run mine, and even went as far as knocking on her door to let her know before I was going to fire it up to make sure her daughter wasn't sleeping. It was a royal pain having to do all of that, and whenever I needed to run the motor for more than a few seconds, I always had to load up and take the car out to an old dirt road away from a residential area, but at least it allowed me to race without paying fines.
Fortunately she eventually moved and we could be a little more lax again (while still being civil to the rest of the neighbors by not running it late in the evenings, etc.). But my plan B if the talking to her didn't work was to rig up some type of flexible slide-on exhaust extension that would slide on over my headers and have a cheap muffler attached to it. It would be fairly inexpensive to build (a WHOLE lot less expensive than a sound proof building  ) and would allow me to run my engine any time I wanted day or night.
Just a few things to think about. Good luck to you!
The Final Croak
| | 4P | Posted on 3/22/2009 2:18:29 PM
Ive tried the civilized manner of speaking with the heighbor and to no avail. This man just plain hates me. Funny thing is, I ve been here over 6 years witht hese race cars and no problems with more a longer run times before last year ( our racing program depleted some last year). Interesting that I have ran this car here for almost 5 years before 1 complaint was issued. We then started documenting run times, which are very negligable. Seems like I have a neighbor that hates me more than the cars maybe but all the same I am not real sure how to deal with the issue unless I can find some 3 inch mufflers to install while seasoning a cam for the first time or running it in the driveway at any time. Maybe thats the next step, if I did that then they cant do anything with the noise seeins how it is no louder than a car or pickup driving down the street. Thanks for that info, Ill look into it but still plan on fighting this issues in the courts and see how far I can get with my rights in this world, freedom to do as I choose on the property I pay the taxes on. We will see.
Drive with your head not your tail.
| | HUSKERFAN1 | Posted on 3/23/2009 4:35:04 PM
who was the officer which wrote this rediculous ticket and how many warnings did he give before he wrot the ticket. if i was you i would take it to the county attorney because its going to cost more for them to fight the ticket then drop it. and also ask for a jury trial rather than a Judge they always side with the officer even if you prove them flat wrong, that would be my suggestion.
| | iwillflybyu | Posted on 3/23/2009 7:17:18 PM
should of took it for a test drive right through his yard. Thats bs, if you werent being excessive there shouldnt be a problem. I can think of a few diff ways to fire up your neigbor... .. Yeah id agree, go to the county attorney and try and reason with him first, sometimes it works and it could save you some big bucks. Goodluck.
Edited on: 3/23/2009 7:17:18 PM
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