Is it legal to ride dirt bikes on your own property?


112 replies to this topic
  • tyhollin

Posted July 22, 2011 - 10:54 PM

#1

Today around 7:30pm my son, who is 3 and rides a KDX50, asked me if we could ride our motorcycles in the yard. I have two bikes, a YZ250 two-stroke and a TTR-125 four stroke. Now for obvious reasons I chose to ride the TTR in the confined space in our yard.

Shortly after we started riding our neighbors came out yelling and called the police stating that we were out there riding for the sole purpose of annoying them, which is obviously not true. We just didn't have the time, nor did we want to load up the dirt bikes the the trailer. Anyway When the police arrived they said that we were within our legal rights to ride on our own property but then after they talked to the neighbors in person they retracted their statement and said that they have legal grounds if the sound of the motorcycles are bothering them.

Now my question and my concern with this entire situation is that my son's motorcycle is only a 49cc bike that is half as quiet as a weed eater and my ttr which is no louder then lawn mower. Have any of you had this issue with your neighbors, what did you do and does anyone know if I can really legally be charged for riding on my own property cause I know I couldn't possibly press charges on my neighbors at a reasonable hour for them mowing their lawn simply because the sound annoyed me.

If I really was out to annoy my neighbors I would have taken out the 250 :smirk:

What are your thoughts...?

  • Dirt-rich

Posted July 22, 2011 - 10:59 PM

#2

Every city, town, county ( whatever ) has there own rules however since the bikes aren't disturbingly loud I would think it would be ok during Reasonable day hours specially on your own property

  • zlathim

Posted July 22, 2011 - 11:05 PM

#3

Does your subdivision have CC&Rs? The cops wouldn't know or care about CC&Rs, but your neighborhood association might not want you riding.

Otherwise, if the noise is as little as you claim, I can't see how the police could cite you for disturbing the peace or anything like that.

  • mylsmkj

Posted July 22, 2011 - 11:08 PM

#4

To put it bluntly, you have D-bags for neighbors! You are fine as long as you don't have the silencer modified on either bike.

  • mylsmkj

Posted July 22, 2011 - 11:10 PM

#5

Does your subdivision have CC&Rs? The cops wouldn't know or care about CC&Rs, but your neighborhood association might not want you riding.

Otherwise, if the noise is as little as you claim, I can't see how the police could cite you for disturbing the peace or anything like that.


This is accurate.

  • tyhollin

Posted July 22, 2011 - 11:15 PM

#6

Does your subdivision have CC&Rs? The cops wouldn't know or care about CC&Rs, but your neighborhood association might not want you riding.

Otherwise, if the noise is as little as you claim, I can't see how the police could cite you for disturbing the peace or anything like that.


Fortunately no CC&Rs.

  • dgcars

Posted July 22, 2011 - 11:23 PM

#7

The police should not have become involved at all. A violation of a noise ordinance is in most jurisdictions not considered a disturbance of the peace unless the perpetrator has disregarded an affirmative request that he/she reduce the noise to a reasonable level.

  • Family Man

Posted July 22, 2011 - 11:23 PM

#8

1. figure out when your neighbors go to work, get their wellfar checks etc and ride then. 2. Ask them what would be appropriate times for you to ride that dont bother them. 3. Tell them to eat Sh(t and ride when ever you want. Its your own property and your on a ttr and a kids bike. Dont forget to call the cops on your neighbors every chance you get from now on. Teach them not to F with you.

  • tyhollin

Posted July 22, 2011 - 11:31 PM

#9

To put it bluntly, you have D-bags for neighbors! You are fine as long as you don't have the silencer modified on either bike.


I agree, they are one of those neighbors that complain about everything. Just earlier this week we had animal control at our house for our dog being off a leash in our front yard. This was a bit more understandable considering it is actually illegal to have a dog off it's leash even in your own front yard but they have their dog off a leash all the time, when I confronted them about why they feel our dog needs to be on a leash and theirs doesn't they said it's because it's a pit bull and theirs is an Irish Setter. They are just closed minded

If they confronted me sincerely and said they were being bothered by the motorcycles I would have put them away and apologized for the disturbance but because I know they get off on the drama

  • zlathim

Posted July 22, 2011 - 11:34 PM

#10

Dont forget to call the cops on your neighbors every chance you get from now on. Teach them not to F with you.


He's a grown man raising a family. He probably knows better than to start a retaliation war with his next door neighbor. Retaliation turns to escalation, and the next thing you know, the cops are hauling someone away for doing something extremely stupid.

My advice is to ignore the neighbors, research your local jurisdiction as to how it pertains to noise ordinance, etc. and go from there. There might be a decible limit or something. In that case, you really should know how many decibles the bikes produce at a specified distance. Armed with an understanding of the law, and a positive knowledge of your situation you will best serve your interests, and avoid penalty.

Good Luck.

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  • tyhollin

Posted July 22, 2011 - 11:43 PM

#11

The police should not have become involved at all. A violation of a noise ordinance is in most jurisdictions not considered a disturbance of the peace unless the perpetrator has disregarded an affirmative request that he/she reduce the noise to a reasonable level.


As far as the law goes it seems far too subjective to allow one person to decided what is acceptable and reasonable action from another human being. I think there should be db level limits and acceptable hours for all noise ordinance.

I work later shifts and often times get woken at 8 or 9 am by neighbors mowing their lawns but I don't feel it's acceptable to call the police because I am annoyed. I just understand that I have chosen to live this schedule and just because I choose to live this way doesn't mean everyone needs to adjust their lives so I am not ever inconvenienced.

  • Family Man

Posted July 22, 2011 - 11:48 PM

#12

The neighbors started the battle. Don't let them win the WAR. Call the police and ask them about your rights. without the neighbors involvement. Have the police send your rights to you in writing.

  • tyhollin

Posted July 22, 2011 - 11:54 PM

#13

He's a grown man raising a family. He probably knows better than to start a retaliation war with his next door neighbor. Retaliation turns to escalation, and the next thing you know, the cops are hauling someone away for doing something extremely stupid.

My advice is to ignore the neighbors, research your local jurisdiction as to how it pertains to noise ordinance, etc. and go from there. There might be a decible limit or something. In that case, you really should know how many decibles the bikes produce at a specified distance. Armed with an understanding of the law, and a positive knowledge of your situation you will best serve your interests, and avoid penalty.

Good Luck.


I agree, I would prefer to stay positive with my neighbors since I do have to put up with them for the simple fact we live right next to each other. I would like to solve the issue without further confrontation. With almost any other issue I would pick my battles and drop the entire thing but my son loves to ride his little bike in the yard and I value riding even just for a few minutes in the confined spaces of our property on a nice summer day because it's great bonding. I think it would really be a bummer for my son if I had to tell him we can't ride out there anymore.

  • tyhollin

Posted July 22, 2011 - 11:56 PM

#14

The neighbors started the battle. Don't let them win the WAR. Call the police and ask them about your rights. without the neighbors involvement. Have the police send your rights to you in writing.


That's a good idea. At least then they wouldn't have to take my word for it or the word of a police officer who may or may not fully understand my rights since I would have it in writing.

  • dgcars

Posted July 22, 2011 - 11:58 PM

#15

If it were me, I would speak to my neighbours and determine exactly why this is causing them annoyance. Point out that the bikes make no more noise than a lawnmower/weed whacker. If they continue to be unreasonable and you feel that they have no grounds for complaint, then let them know that you do not intend to cause them unnecessary disturbance, but will not be changing your normal routine to suit them.

  • mjv42085

Posted July 23, 2011 - 12:26 AM

#16

Im glad I live in the country, dont have to worry about this problem with the neighbors.

  • BBA

Posted July 23, 2011 - 01:21 AM

#17

Im glad I live in the country, dont have to worry about this problem with the neighbors.


+1. After getting the hell out of Vegas and moving back to rural America I told my wife there was no way in hell I could ever live in a "neighborhood" again where the only thing that is neighborly is the fact the houses are all gathered in one spot. F' the complaining neighbor if you were doing nothing wrong!!

I hear and see this too much in this country anymore and it is pathetic. A lot of Americans seem to have no life so they want to bitch about their neighbors who seem to be enjoying theirs..:smirk:

  • rpt50

Posted July 23, 2011 - 03:00 AM

#18

I just amazed at how often people fail to distinguish between being able to hear something, and having it be bothersome. Sure, if I listen closely, I can hear my neighbor running his lawnmower or weedwacker when I'm in my house, but it doesn't bother me--the world is full of noises! Now if he was holding right next to my window or something, then it would bother me!

  • tl1000rlt

Posted July 23, 2011 - 03:18 AM

#19

I agre with F the neighbors but here is the rub I have run into in two states. You cannot discharge a firearm or operate an offroad vehicle in a residential neighborhood regardless of noise. Where I have lived, even in a rural setting, if you have 4 houses within a certain distance it is considered a residential area. Its been awhile but in CA I recall that distance being 1 mile.
I would first find out all the laws that can be cited, then do what you can within the limit of the law. This will avoid being fined, which is my pet peeve. I also am not proud to say that I would and have gone out of my way to be a pain right back at them.
Buy the old school steel garbage cans drop or drag them to the curb early so you dont miss garbage day. There is a band called SLAYER that is annoying at any volume level, play that at a reasonable volume when doing yardwork or washing your car. Mow your lawn as early as possible. Always test your car alarm before bed to make sure your battery has not gone dead. I could go on forever.
I would much rather get along with my neighbors but if I cant reason with, or befriend them, I will annoy them with my creativity. I have rights too.
Also I have been through the dog thing too. You will not get any slack with a pitbull so keep him on a leash. Call animal control everytime you see their dog loose. After a few calls animal control will get tired of hearing from you and just pick the dog up without giving them a courtesy knock. That gets expensive quick.

  • Ron731

Posted July 23, 2011 - 04:48 AM

#20

Im glad I live in the country, dont have to worry about this problem with the neighbors.


Yep here to.

We built our house about 9 yrs ago out in the country and love it. We are about 23 miles to the 1st store :smirk:





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