Following the Bouncing Ball -- and Other Horrors

Question

Our neighbor's child and friends play basketball upon our street. The basketball hoop is portable, placed directly on the edge of the street -- just by chance directly across from our driveway. Not only does the ball end up on our property, we also have to wait for these kids to get out of the way should we decide to drive out of our driveway. People who have visited us have been verbally abused and have been obstructed from getting to our property. Does this basketball playing break any state or local laws of Idaho?

Answer 1

First, the law. No, first a true confession: I do not know the specific laws for every county in Idaho. But even so, deep in the back of the gut, this sounds illegal. Perhaps the best approach would be to talk with a city council member or a county supervisor; that will emphasize both that you have a problem -- and that it might be helpful to get a regulation on the books if one does not yet exist. Or go to the library and dig through the local ordinances. 

It also sounds as if a safety issue may exist. For example, it may be against the law to play in the street or to place an object like the hoop on the street. The verbal abuse should be in an ordinance. It would be prudent for you to read up on anything on noise.

The kids are likely creating a nuisance under the Idaho law -- Idaho Code Ann. 52-111 -- by interfering with the enjoyment of someone else's property. They may also be breaking other state laws if the verbal abuse is severe enough.

In case gentler approaches fail and you decide to take some legal action, you will need hard evidence. Begin documenting the wrongs here by keeping a list of all that happens, when it happens and how often. You might want to snap a few pictures or use a tape recorder. 

Now a realistic look at reality: Kids have to be able to make some noise, and we all need to be a little tolerant. If possible, try not to make the neighboring kids mad, or the trouble will likely escalate. As kids, we took delight in pestering Mrs. Crochett on the corner after she threw us heated pennies instead of candy one Halloween. But at the same time, neighbors should not have to suffer the loss of enjoyment of their own homes. Your best first step is to approach the neighbor kid directly and tell him how much the ruckus is bothering you. Suggest a different place for the games, while being aware that depending on where the hoop gets moved, the noise could be just as bad.

You may be legally entitled to call the cops and sue the neighboring parents for the nuisance their kids are causing. But I hate that. Try the more neighborly personal approach first.