SyracusePat
New Member
We have an issue with our neighbors who for the past 6 or 7 years have been engaged in some off and on harassment through horn blowing, dog barking, intimidation tactics, and excessive noise created deliberately with cause to harass. These incidents usually arise from my wife and I asking them to cease an activity or action that is interfering with our right to enjoy our home (kids destroying property), or local law that they are in violation of (leash law, dogs coming onto our property and either relieving themselves on our lawn or coming onto our lawn and aggressively barking at one of us while we are outside). The harassment is in retaliation for us correcting their behavior, so to speak. I ended up installing video cameras to protect our property from intruders and vandals a few months ago and none of them at the time of installation were pointed at their yard or were capable of recording any sounds. To be honest, at the time the cameras were meant to find out who had been coming onto our lawn and disturbing our property. This apparently heightened the harassment, as within a week after the sign was erected stating that the property was under video surveillance, the horn blowing escalated as did the dog barking whenever we went outside (the dog was usually let out to bark within 5 minutes of us going outside) and the additional loud noises seemed to increase (teenage kids turning the radio way up outside and singing at the top of their lungs in our direction, for example). I ended up buying another camera that was sound capable and mounted it inside one of our windows pointed in the direction of their front yard in a public area (making sure not to put it in a place that would interfere with their privacy). I have documented over 2 dozen incidents so far over a 1 1/2- 2 month period, some of them more severe than others. I ended up going to law enforcement with written documentation of the events and as a result he went to speak with the neighbors who told him the horn blowing was a result of them "locking our car doors". The recorded video documents multiple horn blowing sounds (sometimes as many as 8 or 9 in succession, but usually either 2 or 3 loud blows or one short blow soon followed by 2 or 3 other short blows about 5-10 seconds later, which to me would indicate excessive use of the horn and not a single short burst indicative of locking a car door). The police officer told me that they told him they would try and quiet their noises down but if it escalated to bring all my evidence back to the station and they would pursue this further, and also to not encroach on their property for any reason. As far as I can research, right now it would seem like 2nd degree harassment under the NYS Penal Law, however, the next morning at 6:45 AM, the neighbors sent their dog out to aggressively bark at our fence for 5 minutes when there was nothing in sight that would encourage any barking like what we were hearing. My question is, considering the video and audio evidence we have obtained, and the police report documented (as well as our own documentation), and the deterioration of the "enjoyment of our home" in that when we are outside we are getting constant harassment either through dog barking, horn blowing or other loud noises outside the "norm", is there any grounds for a civil harassment lawsuit in court? I am anticipating further escalation from these people once the weather gets better and we are outside more often. I should also mention that a certified letter was sent to their house asking them to stop activities that were causing the harassment. The letter was not picked up at the post office despite 2 attempts to deliver it to their house and notifications to come collect it at the post office. Thank you and hope you can help.
