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Fences Don't Always Make Good Neighbors
updated: Jun 24, 2012, 10:04 AM

By Edhat Subscriber

I live in a large neighborhood of rentals with small backyards that back up onto each other with shared fences. We live behind a unit with kids that regularly play in the yard in such a way that something hits their fence with a loud crack....repeatedly. We and other neighbors have yelled over the fences to please stop, to no avail.

My dog is one of the most noise tolerant dogs. The only noise we've ever found that can startle or scare her is fireworks and firecrackers. And now: cracking sounds on the nearby fence. She literally shakes and hides or tries to tuck all 45 pounds of her into your lap or under your chair. When the cracking goes on repeatedly for hours, we have to turn on loud music or take her out of the house.

I visited the house and spoke to the dad about this and basically got the "kids will be kids" response. It was clear, there would be no cooperation there. It's been suggested that we file a police report but they aren't breaking the noise ordinance and how do we prove animal cruelty? Advice on how to proceed?

Comments in order of when they were received | (reverse order)

COMMENT 290917	2012-06-24 10:14 AM
OP here: we don't share a fence with this unit, we're a little ways over, so it's not a shared property issue....
COMMENT 290920P	2012-06-24 10:22 AM
I had a similar problem with a neighbor with a shared fence and frequently visiting family. Only when the kids grew up (or moved away - not sure which since we are not friendly) did it stop. If you can talk with the neighbor, perhaps you can suggest a covering to the fence that would make less noise? Or if this is a rental unit, talk with the landlord/owner? Good luck. I didn't have a dog but found the repetitive noise maddening.
COMMENT 290927P	2012-06-24 10:45 AM
Make a video of your dog's reaction and post it online ... maybe it will go viral and shame your neighbor and his kid. Or perhaps people will donate money to help you move :)
SBROCKS	2012-06-24 10:54 AM
Write a letter stating that you are concerned that the repeated use will wear the fence out and that you don't have the 50% to replace the fence. If they want to continue to use the fence in this manner then you will expect them to replace the fence at 100% of the cost. Putting them on notice will generally stop the action. When it comes to having to spend money people will take notice. Also, send a copy to yourself, do not open the letter. If you were to have to go to court over the cost of the fence you could use the letter as evidence against the other property owner. These older fences were nt built for this type of use. Good luck.
COMMENT 290938	2012-06-24 11:13 AM
GET OFF OF MY LAWN!!!
COMMENT 290940	2012-06-24 11:22 AM
Sounds like it's time for a neighborhood petition presented to them by police or their landlord.
COMMENT 290946	2012-06-24 11:34 AM
Complain to the owner or property manager. If the resident is the owner make your complaint to the HOA.
COMMENT 290950	2012-06-24 11:46 AM
SBROCKS: OP doesn't share the fence with his neighbor. See first comment.
COMMENT 290957	2012-06-24 11:58 AM
This post is confusing. Could the OP clarify two things: first do you share a fence with this neighbor? I read conflicting information. Second, do you and the neighbor both rent from the same property manager? If both are renters, get the landlords involved. If nothing changes, move.
COMMENT 290963	2012-06-24 12:37 PM
OP here: we do not share a fence (see first post) but our yard is diagonally behind the one in question. Our fences touch theirs at the corner. We do not rent from the same property owners. All the units are part of the same HOA, though. Moving is not an option. And frankly, shouldn't be.
COMMENT 290965P	2012-06-24 12:46 PM
argh, I feel for you OP. I have a dog too that is tormented by rowdy uncontrolled neighborhood children. I hope you find a solution and I will follow this post to see what can be done. In my case I am trying to move.
COMMENT 290967	2012-06-24 01:08 PM
Write the neighbor a nice letter and cc the HOA, asking them to have their children NOT do that to the fence. If the noise continues, ask other neighbors if they are bothered and have them also write a letter, cc the HOA. If it continues, file a noise complaint with the SBPD. You have options, you can actually file a suit against them for interfering with your quality of life. It is pretty rude that you have talked to them and they have not had their children stop. What would be fun about banging on a fence anyways? I don't get it. If my kids were acting that way I would have them stop, especially if a neighbor complained about it!
COMMENT 290969	2012-06-24 01:15 PM
Kids should be seen and not heard right. Just tell them to stop having so much fun it's driving you and poopsie crazy.They have no right to do this.
COMMENT 290970	2012-06-24 01:16 PM
Garden hose / reciprocating sprinkler.
COMMENT 290973	2012-06-24 01:27 PM
970: lol, you beat me to it. Another option is to hire bigger meaner children to intimidate theirs, kids will be kids :)
COMMENT 290976	2012-06-24 01:37 PM
Thanks for clarifying OP. If moving is not an option, and talking to the father doesnt help, and obviously the police are not going to do anything during the day about kids hitting a fence, then you need to talk to the HOA. I would also find a way to use my sprinkler, the kind that can go over a fence, at the same time as the noise happens. We have 3 awful neighbors, and even with talking to them nicely, nothing changes, some people just are rude. We like where we live, housewise, so we stay put. Maybe talk to your vet about how to ease the anxiety this causes your dog, Im so sorry this is occurring.
COMMENT 290978P	2012-06-24 01:42 PM
969-Children should be taught by their parents that it is not acceptable to make an annoying amount of noise. If these people are renting it is also unacceptable for them to allow their children to cause unnecessary wear and tear on the owner's fence. The parents should take action to make sure their kids aren't annoying other people. I would definitely speak to the other neighbors to see their thoughts about the noise and write a letter with signatures from supporting neighbors to the HOA. Usually there is a clause in the HOA agreement concerning noise.
COMMENT 290984	2012-06-24 02:30 PM
You don't have the accept the "kids will be kids" excuse. It's really intended to let the parents off the hook for actually having to teach kids about consideration for strangers and/or neighbours. It's great that you're keeping it civil while they want you to suck it up.... don't suck it up. It's not your job to suck it up while their kids do whatever they feel like doing. Ask them to exert their parental responsibilities and teach them consideration for other people.... if you chose to get into a tit for tat it could easily get ugly.
COMMENT 290989	2012-06-24 03:08 PM
HERE IS THE SOLUTION: Go to the County Courthouse & look up the owners name in public records. (If you're good with computers, you may be able to do this online.) You find the owners name, address and phone #. You complain TO THE OWNER. Don't even bother with any rental management company, as this will produce NO RESULTS. Complaining to the owner will stop this problem in no time flat. Present your case via letter or phone, doesn't matter which, so long as you are polite and to the point. Also: SB police MUST respond to any and all noise complaints, does not matter what time of day or nature of complaint or ordinances on the books. Have police talk to neighbors. Many times, if necessary. Contacting homeowner is still your best bet. No renter wants to be kicked out. STOP TRYING TO BE THE GOOD NEIGHBOR. Your health and that of your dog are at stake. Take action. Best of luck.
COMMENT 291002	2012-06-24 04:04 PM
This is the responsibility of your HOA.....this is NOT "normal" noise. If they don't have a rule regarding this maybe this will be the catalyst that will prompt them to create one. I can't imagine having to endure this day after day. Maybe the reason your other neighbors haven't complained is that they are not at home during the day.
BIPOLARESQUE	2012-06-24 04:45 PM
I am all for the video suggestion! I like to hope people really don't seem to get what's happening unless you force them to actually look. Good luck!
COMMENT 291018	2012-06-24 05:24 PM
OP here again. Thanks all for the input and good advice. Please stay tuned! I love the hose idea but there is a huge tree in the way.... The parental explanation was that they throw or hit a ball and when they miss, it hits the fence. And apparently there is no way they can change the direction of play so that missed balls don't hit the fence. I think the kids are home alone as it happens a lot in the afternoon. Or the adults don't care. The dad said he told the kids to ignore the neighbor's shouts over the fence to stop. The kids yelled back once that it was their yard and they could do whatever they wanted and proceeded to beat on the fence loudly for some time. We don't yell at them anymore as I'm afraid of a confrontation. But something has to change.
COMMENT 291022	2012-06-24 05:39 PM
They could also put up a net or something else to cushion the fence. The parents sound like typical inconsiderate you-know-whats. I have some neighbors who like to stay up till 3am talking and laughing loudly in their back yard during the week (city college drops outs I assume). I think next time they're going to get a wake up call at 6am from my 15", 68mm of excursion, 30hz tune, 2400wrms powered sub playing a Black Hawk Down or Saving Private Ryan crescendo.
COMMENT 291028	2012-06-24 06:24 PM
How about being a good neighbor and just let it all go? I used to have a neighbor who would complain all the time until I had my kids go over to his house and clean his yard. Ask you neighbor if his kids will clean your yard and maybe your dog won't be so afraid of the loud sounds. I had a "fraidy cat" dog once, but my father decided to donate him to a local charity (that's what he said but I think the dog was put to sleep). Don't do the wrong thing; please do the right thing (do not get rid of your dog though even though it exhibits signs of weakness).
COMMENT 291051	2012-06-24 07:45 PM
The parents are jerks, tell the HOA and if that doesn't help then start calling the police. They will suggest to the parents that they do something to make it so neighbors are not disturbed. It is sad that the Dad is encouraging his children to be inconsiderate little jerks!! :(
COMMENT 291070P	2012-06-24 09:51 PM
If they are younger than teenagers, and it was me, I would aim water over the fence until the noise stopped. But I am also a big man and would not feel threatened by their jerk of a "dad".
COMMENT 291084	2012-06-25 06:45 AM
Wow. If the fence hasn't broken by now, then you are being intolerant and lame. Are you over 80? If you shot a garden hose over at my kids for any reason I would come over and mess your face up with a shovel. And your wussy dog. You should be embarrassed.
COMMENT 291090	2012-06-25 07:15 AM
084 take a hike bully boy
COMMENT 291091P	2012-06-25 07:18 AM
...yard-a-pult! seriously, a net to catch the ball is a brilliant idea, I'd say suggest that. Kids are so caught up in having fun or relieving boredom or stress, they don't realize the effect of their play. You might investigate after school programs or get them interested in YMCA activities? Could you offer to take them, or get them a bus pass if Pop agrees? Maybe invite the Dad over so he can see and hear for himself? Best of luck on this. My neighbors' 2 rescue Labs had separation anxiety and barked and howled every 5 minutes all day till they came home. My husband was just retired and battling cancer, and it drove him nearly mad with frustration. His last days at home with hospice, they finally shut the dogs in the garage, after my sister in law, a no-nonsense ICU RN had a chat with them. People can get so tied up with their my castle, my kingdom attitude.
COMMENT 291097	2012-06-25 07:37 AM
I would not talk to the parents, I'd ask the kids, their parents probably have not even told them it is an issue. If you ask them directly and maybe give them some alternative that allows them to still have fun without 'scaring your dog' they might understand. Even bring your dog over to meet them, so they can be friend with your dog. Then ask them to do what they do with the fence noise while the dog is in their back yard, and let them see what it does to your dog. Bring a treat so you can let them give it to her to 'calm her down', when they feel like she is kind of 'their pet too' in a sense, maybe the natural kind nature of most kids will cause them to alter their behavior on their own. They can teach their parents something about this too. Good luck.
COMMENT 291107	2012-06-25 08:07 AM
Write a letter to the owner describing situation re: persistent noise and state that you have met with the parent already to attempt resolution. State your dog’s condition and the date and time that you meet with the parent. Request that the owner install a sound suppressant wall or build the kids a back board. The owner will not like to receive complaints. Mention concern for fence wear and tear. Keep copies for your file. In the letter hint at a lawsuit, but don't threaten one. Keep all language neutral and to the facts. Request that the owner give a noise warning letter to the family. At the same time, talk to other neighbors and get them to sign a joint letter or petition re: disturbing the peace. Send copy to the owner. File a noise complaint and disturbing the peace complaint with the police dept., send copy to the owner. Hopefully if the police speak to the family and kids, the kids will play elsewhere. See if Legal Aid can help you.
COMMENT 291111	2012-06-25 08:30 AM
They beat on the fence purposely and longer after being told to stop beating on it? On boy, your issues are less than the parents! I am sympathetic to you, no doubt. Truly, I wish I could help you, but it seems the parents are supporting their children and no matter the HOA, perhaps only the owner or the police will make this noise stop. There is little use for more polite routes like visiting again and again to plead for less noise disturbance or as the mentioned earlier HOA. You need strong authority. I'm not proselytizing here, but prayer is the strongest weapon man has and God always answers His children.
COMMENT 291126	2012-06-25 08:57 AM
the previous tenants in my house played soccer and often kicked the ball over the fence, or banged it against the fence. My neighbor would return the ball until this went on too long, then she started keeping the balls. Next she started hanging things from her fence and used 3-inch nails driven through the wood. So the balls kicked against the fence would go flat. They pretty much stopped kicking balls against the fence after that. For noise, the city wants to know if the noise if out of the ordinary for the environment. also most every home has something violating the zoning ordinances. Find out what their violations are and report them to zoning. If they want to ignore your concerns, give them other concerns to worry about. If Zoning enforcement is lax, email Jim Armstrong and the city council about the inaction and that usually gets a quick response.
COMMENT 291132	2012-06-25 09:02 AM
Sounds like an old fence...offer to replace it if you want a more solid sound. Otherwise, welcome to entitled Santa Barbara 2012.
COMMENT 291156	2012-06-25 09:46 AM
Nuisance is a Nuisance no matter how it happens.. This is a Nuisance case and you can sue them for all sorts of things if you can prove they are doing it over and over again.. I suggest you contact the Land owner and put them on notice.. The Tenants don't care, It will be the Land Lord that will care and should stop it.. IF they are causing a nuisance then you can get money damages from them for your pet and yourself. You have the Right to Peaceful enjoyment of your home.. Just like a loud party or music or a guy that revs his car to much in the garage. This is a nuisance and should be stopped.. If you have tried to talk to the Dad its time to move on to the Landlord. Send them a nice letter asking them to stop the Nuisance coming from there property.
DRBUD	2012-06-25 10:00 AM
The original adage was "Good" fences make good neighbors. Perhaps it is time they sat down and figured out what "good" is for each of them.
COMMENT 291174	2012-06-25 10:25 AM
Wow, heaven forbid kids play with balls in their backyard. Nothing worse than the sound of children playing outside. Terrible parents, they should be inside playing XBox. What a bunch of grumps. GET OFF MY LAWN.
COMMENT 291232	2012-06-25 01:20 PM
We had a problem with a always barking dog. She put something on the collar to make it stop barking, worked like a charm. Only she couldn't manage to put the collar on the dog all the time. My wife went over, the neighbor went psycho, we don't talk anymore. She does however manage to keep the dog quiet now. Turns out her husband had a baby with another women, so she had other concerns. Not that it gives you carte blache to be rude and inconsiderate.
COMMENT 291273	2012-06-25 03:18 PM
Kids will be kids.
COMMENT 291278	2012-06-25 04:02 PM
I don't think it's ok for parents to just shrug off the nuisance their kids might sometimes cause to other people out there in the world who DON'T happen to be parents. I am 30, married with no kids and I don't think it's fair for parents to say "Kids will be kids." My parents taught me to behave and respect all adults and ESPECIALLY taught me to not cause a ruckus while playing. A simple net would be useful and courteous. I don't think the OP should get made fun of for complaining about kids. Some of us made the conscious decision to NOT have kids but unfortunately it offends parents when you make it clear you don't want to hear the sounds of children playing. It's not for everyone! But misery loves company, I guess. LOL Hope that you can get the HOA on your side, OP! You're a renter and you & your doggy have the right to have all the peace and quiet you desire. you are not the one with the kids. Why should you have to suck it up? ;) We are all rooting for you, it seems.
COMMENT 291284	2012-06-25 04:59 PM
@ OP: Checked back to see if anyone gave better advice. I see others have echoed my advice to contact property owner. I hope you are resolved now to take care of this problem. No one can get you out of this fix but yourself. You must tell property owner what you've had to put up with. You need to get on this ASAP. With summer vacation and longer days-----you are going to suffer more and more until you take charge and make up your mind to end this misery. Don't allow your bad neighbors to bully you any longer.
DEE D	2012-06-26 02:51 PM
What are the kids doing to create this noise? Are they whacking a tennis ball against the fence? Is there a dartboard on it? From the information given, I cannot tell whether the activity is in the range of normal for what kids do outside. Perhaps a simple rearrangement of the play area could quiet things. I do not think it is reasonable to expect kids to be active and to play outside, but to make no noise whatsoever. Are there regular times that the noise occurs (a couple of hours after school, a couple of hours on weekend mornings, etc.)? If so, could doggie come in at this time? Of course, it could be an overactive kid who needs to be dosed with Ritalin so s/he can remain properly quiet 24/7. On the one hand, one tries to accommodate one's neighbors, but on the other hand, some people are unrealistic or exceptionally sensitive. More info is needed to determine the situation.

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