Legal Question in Civil Litigation in Missouri

I have a neighbor with a severely mentally handicapped daughter of 26 yrs old. He claims there are no programs for her (in Kansas City, MO), so they have decided that rather than keep her inside and work with her or go outside and play together, they'd rather bundle her up and put her in the fenced in back yard alone with her radio full blast. She has a lot of fun out there, however, she screams and sings at the top of her lungs for 5-8 HOURS STRAIGHT. They don't try to quiet her or interact with her...they just let her disturb the neighborhood. There is not a place in our home or any immediate neighbor's home in which you can go and NOT hear her. I work from home, and thus deal with this daily. The cops have been called, but they say we can't really consider it a noise complaint because she is handicapped. However, if the parents controlled her, interacted with her or brought her in, we wouldn't have this issue. We just bought this home 9 months ago, so moving just doesn't seem like an option (and this girl was out of state when we bought...who knew?). If I go in my back yard and scream, it's a violation. What legal recourse do we have? This cannot be okay. Myself and my neighbors are assaulted by this noise for hours on end and it must be stopped. The parents are well aware of how the neighborhood feels, but they choose not to care. Thanks for any opinions, as we are at a loss here.


Asked on 2/22/11, 10:41 am

1 Answer from Attorneys

Anthony Smith LawSmith

You may be able to hire ocunsel to write letter to the parents offering to assist in finding programs fo the dughter. I fthey lock her out ther ein heat or cold, you may be able to report it as abuse. her screaming may not be a noise nuisance during th3e day, buy teh loud radio can be. Kansas City has noise decibel levels over which the parents might be cited for a disturbance.

Good luck

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Answered on 2/22/11, 11:54 am


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