AboutCommander Chris Wagoner Expertise I have been a police officer for 28+ years and still going! I am the Police Academy Commander at a Law Enforcement/ Corrections Academy in North Central Florida. I can answer most questions concerning law enforcement procedures, law enforcement training and general questions about law enforcment. I can also answer questions about becoming a law enfocement officer. I teach the following subjects: RADAR/LASER, Law Enforcement Driving, Law Enforcement Firearms and Patrol Techniques, Officer Safety, WMD's for Patrol Officers, Application of Law, Communications skills, Dealing with the Mentally and Physically handicapped, and many more subjects. I have worked as a subject matter expert for the Florida Department of Law Enforcement and helped to write the police officer curriculum for the State of Florida. I like answering questions about how to become a police officer, and questions about why did an officer do this or that type questions. I also like answering any questions you may have about police work in general. I do not mind helping with homework questions or trying to answer your questions about legal subjects that I have knowledge of. You will never know the answer until you ask!
Experience I am a 26 year veteran police officer, I am currently the Police Academy Commander of an Academy in North FLorida. I have been training police officers since 1993 and have trained them in all aspects of law enforcement, including firearms, Driving and legal subjects including patrol techniques and others. Ihave served on Road Patrol, Traffic Homicide, Dive Rescue and other units.
Publications I am a published author in Accident Investigation from the University of North Florida, Institute of Police Technology and Management.
Education/Credentials I have 2 degrees, an AAS in Criminal Justice Technology from Santa Fe Community College, and a AA from Santa Fe Community College in Criminal Justice Programs.
Question QUESTION: This may sound petty but...I live on a street where there are 4-Unit apartment buildings side-by-side, but each building belongs to a different owner. There is a guy who lives in the building next to mine who owns a car, which he keeps parked in the parking lot for his building. His car is located approximately 30-40 yeards from my apartment. Every single day his car alarm goes off. It loudly blazes anywhere from 3 to sometimes 8 or 9 times a day or more, for anywhere from about 30 seconds to a minute or more. This guy has no intention of doing anything about these daily disturbances. When I asked if he was going to do anything about it he told me to go "F" myself. I am disabled and would like to do something about this problem however I fear reprisal from this (shall I call him) 'under-educated', knuckle-dragging individual. This problem has gotten so bad that I am looking for another apt. to move to. Doesn't the law protect me from both, the daily alarms AND my neighbor's verbal abuse or would I be better off just moving into another apartment across town?
ANSWER: HI Scott,
I am very sorry that you have to live with this kind of problem. It is not petty at all actually and can be very upsetting I am sure. I am sure it adds stress to your life you do not need.
What you are talking about could be classified as a nuisance or disturbance problem. And the verbal abuse is actually not something you can do anything about unless it becomes a threat.
I would recommend researching your towns or counties noise ordnances. If you find that what is happening is a violation of those ordnances, then you have every right to call the cops and complain. You have a right to live without the person disturbing your life. I am sure your not the only one either if its happening like you say. Are the other neighbors also complaining?
You can go to www.findlaw.com to look for your city's or counties ordnances.
Also since you say you are disabled, if you feel it is causing you undue stress and that may be affecting your health, then you could have a civil suit against him. You could sue him and that may shut him up when he is served papers. Just an idea.
You can move, but why should you be forced into moving because of what he is doing? Thats not right.
Do you have a video camera? You may want to set it up to watch out the front window of your place (make it so its not obvious) and let it record these noise events. Then you have video proof of them that you can take to the police if it is against the law. A video is very handy when things happen that the cops are not around for. Also it would be good should this person decide to try and do anything to you or your property. It wold be a video record of it. Also just an idea for you.
Good luck and I am sorry you have this trouble. No one should be disturbed like that in their own home, no matter what their neighbors are like.
Be Safe!
PS>Please take a second to rate this answer, thanks.
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QUESTION: Dear Commander Wagoner, Once again I'd like to thank you for your very complete answer to my last question. I went to the website you suggested to look for 'disturbing the peace' ordinances and laws here in Albuquerque, New Mexico (Bernalillo County) but, partly because I am disabled and partly because I'm not very good with computers, I couldn't seem to find anything I was looking for. Please tell me if I'm out of line but, would it be possible for you to look-up this information for me? As you suggested in your first, very informative letter, I have kept my video camera next to the door and every time I hear the car alarm I turn it on 'record' and start heading for this idiot's car. I usually get within a few feet of the car (circling it and recording the license plate) before he turns off the alarm. I can usually catch the alarm in time to record it about one-third of the time, and I'm recording the alarm 3-4 times a day! The owner parks this car in the street even though there are plenty of empty parking spaces in front of his building. The car is an older Ford (late '70's to mid '80's and it is really, really ugly.) I've never seen this car anywhere but in that exact same spot. It's ALWAYS there, so I'm starting to think that it doesn't run at all, even though the tags appear to be current. The street we live on is a side-street off (what I believe is) a highway (Tramway Blvd.). It is a very heavily traveled street with a speed limit of 50 MPH. The speed limit on our street (where this car is parked) is only 25 MPH.
Commander Wagoner, I would GREATLY appreciate any information you can provide regarding this situation. Every time that alarm goes off my blood pressure shoots way up and my hands start shaking. I can't take it anymore. Thank You Very Much For Your Help.
Respectfully Yours,
Scott W. Bates
Answer Hi Again Scott,
OK not a problem here you are. I found the NM State law covering Disturbing the Peace is covered under Disorderly Conduct:
30-20-1. Disorderly conduct. (1967)
Disorderly conduct consists of:
A. engaging in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct which tends to disturb the peace ; or
B. maliciously disturbing , threatening or, in an insolent manner, intentionally touching any house occupied by any person.
Whoever commits disorderly conduct is guilty of a petty misdemeanor.
Also I found the Albuquerque Code of Ordinances:
§ 12-2-4 UNREASONABLE NOISE.
Unreasonable noise consists of creating any unreasonably loud, disturbing or unnecessary noise of such character, intensity or duration as to be detrimental to the repose, life or health of others, including but not limited to, the following specific noises if created in violation of this section:
(A) The sounding of any horn or signaling device of any automobile, motorcycle, truck or other vehicle on any street or public place, except as a danger warning, which creates an unreasonable, loud or harsh sound or which occurs for an unnecessary and unreasonable period of time. This is not to include noise caused by accident or mechanical, electrical or other difficulty or failure.
(B) The playing of any radio, television, phonograph, musical instrument or other sound producing machine in such a manner or with such an unreasonable volume as to disturb the quiet, comfort or repose of persons in any dwelling, motel, hotel, hospital or sanatorium.
(C) The use of any automobile, truck, bus or motorcycle so out of repair or so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other noise.
(D) The use of any loudspeaker, drum, whistle, bell or other instrument or device for the purpose of attracting attention by the creation of sound to any performance, show, sale, display or merchandise or political candidate, party or platform without first obtaining a written permit from the Mayor or his designated representative. The Mayor or his designated representative shall issue such permit, subject only to such reasonable standards of noise volume and hours of operation as he or his representative may adopt.
(E) The creating of any excessive noise on any street adjacent to any hospital, school institution of learning, church or court which interferes with the workings of such institution or which disrupts or annoys occupants of said buildings.
I think your good to go with those two laws. I hope that helps and what you were looking for. If you need more let me know.
Be Safe!!
PS> Please take a second to rate this answer, Thanks!
Hi again Scott,
I had to write a thank you and say thanks for the nice comment. But you have to understand that my entire adult (and even part of my teenage life) has been dedicated to helping othes. I am a cop, and in the true sense of the word. I think being a cop has allowed me to help others that most of the time can not help themselves. I love my job, and like to help others on here, thats why I do it. Again thanks for the nice comment, its appreciated. And I hope it all works out for you.
