I have read other threads on this subject but could not find an answer pertaining to this specific situation.
Need some advice on how to proceed in the following situation:
A dirt bike track, zoned residential, is right next to a subdivision. The track runs parallel to several people's backyards and causes problems for the entire neighborhood. Noise and dust is a huge problem for the entire neighborhood. People in the neighborhood have called the police many times about the noise and dust and the police have cited the owners several times, fined them for everything including noise/dust/disturbing the peace or whatever the police could think of, and the owner's have been arrested for it. This has not stopped the problem nor made it any better.
The people that ride on the track range in age from 3 years old up to adults. The owners allow other people on their track as well as we see many trailers in their yard unloading dirt bikes to ride on the track. Don't think that they are charging to them to use the track, but I highly doubt that the people they have to ride are all family members. They will ride all day long with little or no breaks. This makes it unbareable for the neighborhood people to even go outside and enjoy their yards or the park that is within their subdivision. Not to mention INSIDE the house, with all the doors and windows closed people can still hear the dirt bikes and have to turn up the TV to drown out the noise.
There is no noise ordinance in the city, but their land is within city limits and is zoned residential. We've talked to the police and they said that they (the police) are getting in trouble by the judge because the judge doesn't understand what it is really like, with the noise and dust, and the judge just thinks that people are complaining about a noisy lawn mower. The judge is ultimately throwing out every single case that comes to him since he is relating the noise of a full out race bike to the noise equivalant of a lawn mower (which obviously it is not!). The police have said to get a lawyer and file a civil suit against the owner. Is there anything else that can be done without getting a lawyer to make all of this stop?
Just can't believe that in a residential neighborhood this is allowed to go on especially since that land is zoned residiental and NOT AG!
I would like to know what other's have done or tried to put a handle on this situation? Any help or advice would be greatly appreciated!