- Home
- Government
- Departments
- Police
- Community Relations
- Illegal Noise
Illegal Noise
The Dayton Police Department receives numerous noise complaints every year. The City has many diverse neighborhoods ranging from residential to commercial areas. Therefore, a level of tolerance is expected. If the noise is illegal as defined in this informational Web page, police may intervene.
We suggest that you initially try contacting the person responsible for the noise. Often times, they are not aware of the discomfort they are causing others. If you feel uneasy about contacting the person, or he/she has been uncooperative, you can call 937-333-2677 (non-emergency police number) for police assistance.
Dayton Municipal Code 94.05 Unnecessary Noises Enumerated: It is unlawful to knowingly cause, make, or allow unreasonable noise which disturbs another and to refuse or intentionally fail to cease when ordered to do so by a police officer. "Unreasonable noise" includes loud, raucous, frequent, repetitive, or continuous sounds made by:
Sound from motor vehicle sound system or portable audio system clearly heard at a distance of 25 feet from where it is originating.
No person shall make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others, within the limits of the city.
For more information, visit the "Noise Pollution" section of the City of Dayton's Municipal Code website.
If this is an ongoing problem, or one where the noise stops prior to officer's arrival, you will need to gather evidence for the City's prosecutor who will consider filing a case. This can be done by documenting the chronic noise problem. The better the quality of the documentation and evidence you collect, the better your chances are for successful prosecution and ultimately resolution.
First, begin by using a camera or recording device. In a normal speaking voice, identify yourself, give your address, the type of noise problem and its location, noting the time, date and where you are located in relation to that noise.
"This is John Doe. I reside at 1111 2nd Avenue NE. It is approximately 1 a.m., on June 25. The neighbor's barking dog is located at 1113 2nd Avenue NE. I am currently standing in my living room, which is situated on the north side of my house. My house is approximately 25 feet from the neighbor's back yard."
Then, take additional recordings in several public areas or other areas in your house, again noting your location in relationship to the noise location. Remember not to trespass. You will need to do this to substantiate your complaint. You may want to note each incident on a calendar or on a "noise log" as well as stating it on the recording.
After you have recorded several independent incidents, call and have an officer respond to make a report. The officer may ask for your recordings as evidence. This is important because recorded evidence is more convincing in corroboration with witness testimony than either one submitted alone.
We suggest that you initially try contacting the person responsible for the noise. Often times, they are not aware of the discomfort they are causing others. If you feel uneasy about contacting the person, or he/she has been uncooperative, you can call 937-333-2677 (non-emergency police number) for police assistance.
What Type of Noise is Illegal?
Dayton Municipal Code 94.05 Unnecessary Noises Enumerated: It is unlawful to knowingly cause, make, or allow unreasonable noise which disturbs another and to refuse or intentionally fail to cease when ordered to do so by a police officer. "Unreasonable noise" includes loud, raucous, frequent, repetitive, or continuous sounds made by:
- Animals
- Horns or sirens other than emergency equipment
- Motor vehicles out of repair, or in a manner to create loud and unnecessary noise
- Musical instruments or sound amplifiers
- Human voices, yelling or shouting, between the hours of 12 a.m. and 7 a.m.
Dayton Municipal Code 94.12 Sound Amplification Systems in Motor Vehicles
Sound from motor vehicle sound system or portable audio system clearly heard at a distance of 25 feet from where it is originating.
Dayton Municipal Code 94.04 Unnecessary Noise Prohibited
No person shall make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety of others, within the limits of the city.
For more information, visit the "Noise Pollution" section of the City of Dayton's Municipal Code website.
Ongoing Complaints
If this is an ongoing problem, or one where the noise stops prior to officer's arrival, you will need to gather evidence for the City's prosecutor who will consider filing a case. This can be done by documenting the chronic noise problem. The better the quality of the documentation and evidence you collect, the better your chances are for successful prosecution and ultimately resolution.
First, begin by using a camera or recording device. In a normal speaking voice, identify yourself, give your address, the type of noise problem and its location, noting the time, date and where you are located in relation to that noise.
Example
"This is John Doe. I reside at 1111 2nd Avenue NE. It is approximately 1 a.m., on June 25. The neighbor's barking dog is located at 1113 2nd Avenue NE. I am currently standing in my living room, which is situated on the north side of my house. My house is approximately 25 feet from the neighbor's back yard."
Then, take additional recordings in several public areas or other areas in your house, again noting your location in relationship to the noise location. Remember not to trespass. You will need to do this to substantiate your complaint. You may want to note each incident on a calendar or on a "noise log" as well as stating it on the recording.
After you have recorded several independent incidents, call and have an officer respond to make a report. The officer may ask for your recordings as evidence. This is important because recorded evidence is more convincing in corroboration with witness testimony than either one submitted alone.