Do you have a noise nuisance in your neighborhood? Maybe the downstairs appartment dweller has a heavy, reverberating bass. Maybe a kid next door practices his drums, all night long. Noise problems can be tricky and the police may not always be able to help you.

According to the letter I recently received, this person lives in Indiana in a residential community. He advises that there are cars with loud radios (you all know what he means) that are playing their music at over 100 decibels. He indicates that he has discussed this with city officials on numerous occasions and that nobody seems to be willing to help him.

The city has not been helpful, claiming that its noise ordinances are "unenforceable." He wonders why the municipality would enact an unenforceable noise ordinance and why so many people are getting away with making this kind of noise. I wonder some of the same things. He calls these loud drivers "audio terrorists." The reader wants to know what recourse he might have and informs me that he is not "suit happy."

Commonly, municipalities and state governments in the United States have tort immunity statutes. Under these laws, it is difficult to sue a government for all but a few kinds of actions. Generally, these statutes make it difficult to sue a local government for not enforcing its laws.

Therefore, if a person were inclined to sue its local police department for not enforcing its noise ordinances, such a lawsuit would likely not be successful if a statute existed that precluded these kinds of lawsuits. It's important for people to check with a local lawyer to determine whether such a legal preclusion exists.

Most municipalities and local governments have noise limit statutes. These noise laws generally preclude noise that is disorderly or disturbs citizens' general welfare. In addition, many statutes preclude noises above certain decibel levels.

If the reader's state has a noise statute, the reader may have a private right as a citizen to file a lawsuit to enforce this statewide statute. Such an action is typically referred to as a "private attorney general" lawsuit. Again, these kinds of lawsuits are not available in every jurisdiction and where they are available, they are only available under limited circumstances. It is important to consult with a local attorney to determine whether this remedy might be available.

There is always a non-legal way to address loud cars. If the local police department refuses to enforce its laws, then the reader and his neighbors should consider attending town council meetings. They should attend as a group and should make it known that this group plans on attending until the problem is taken seriously. The reader might even want to consider purchasing t-shirts which will demonstrate that the group is both unified and determined.

Along those lines, consider contacting the press. Often in these kinds of neighborhood disputes, the press can play an important role in bringing attention to a mal-treated community's particular plight.

Loud noise issues can be difficult to address and in certain instances the law may not provide that much help. The reader will need to consult with a local lawyer to determine the level of redress that may be available.

Participation at town council meetings may very well provide the kind of relief needed: and that is a willing ear by the local police department and other government leaders.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.