How can we deal with neighbors who have created a dirt bike track in their backyard?

Question

We live in a rural community, in what had been a quiet valley.  A couple months ago, a neighbor allowed his teenage son and his friends create a dirt bike track in an empty field behind his brother's house, which is less than a quarter mile from my house.  The track is within a quarter mile of about 20 homes and within earshot of another dozen.  
Now that school's out, there are typically 4-8 dirt bikes out there for up to 9 hours each day, revving their engines, backfiring, and kicking up dust.  Occasionally they'll leave the track and race up and down the road.  My husband and a few other neighbors work nights and have to sleep during the day, but the constant noise is keeping them awake.  We can't hang laundry out to dry or open windows for fresh air because of the dust.  We can't even walk through the yard without choking on dust.  
One problem is that the neighbor who started this for his kid is a county cop, and he has a reputation for being vindictive.  The track is on the brother's private property.  They obviously know they are being obnoxious and annoying because they shut their bikes down when the little neighborhood church is in service, then resume immediately after services end.

What can we do - legally - to stop this?  Selling our home and moving away is not an option.

Anonymous · Accepted Answer

You need to record the activity and them on the public street, then contact the county commission in the county where this is occurring in, ask to present a problem to them and they will allow you to. There are noise and nuisance ordinances even in county locations and even sheriff's deputies are required to abide by them. You can contact the Sheriff but as you said the cop is very vindictive,  if you do make sure the sheriff understands your concerns about the deputy. If enough people are disturbed by this then hire an attorney and they will file for a cease and desist order while the problem is being resolved.}{

? · Answer

I would check into a lot of things. Breach of Peace. Check and see if he has to have any kind of license to build and operate that track. If someone got hurt, on his property, they might could sue him, see if he has to have liability insurance. If he is operating a recreational facility, I am sure there are many different kinds of permits he would need. Will take a while, but you need to find these things out. If he needs all I have stated, start filing complaints that he is not properly license etc... to be letting this place be used for that type of activity. In Texas, if a person can hear some else's noise, that is disturbing the peace. I would certainly see about the Public nuisance or disturbing the peace thing. Good Luck and keep us posted on how it is going.

Anonymous · Answer

Best bet is to go to city hall and find out if there are any local ordinances that may apply.  There may be a zoning issue, there may be a noise ordinance, there may be a law on the books prohibiting the use of off-road motorcycles on city roads, the list goes on and on.  As for the vindictive county cop, if he tries anything cute all you have to do is send a note to his boss the county sheriff accusing this guy of reprisal, which is illegal.  Just threaten to take your story to the local news and he should see the light.

hiddenmyname · Answer

Report them to the council for noise and the planning dept for change of use of the field without permission.

WC · Answer

Is there a city ordinance? Create one?

You may start with approaching them and see if you can come to some type of compromise...

Good luck,

WC

Anonymous · Answer

Get the neighbors and start a civil case for "public nuisance."

Will you win? There is no way to know.

Christine B · Answer

I'm sorry for you. It is no fun to have neighbor problems. I have no answers just sympathy.

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How can we deal with neighbors who have created a dirt bike track in their backyard?

7 Answers