Ask you local Sinn Fein councillor to have a word with them.
What is anti-social behaviour?
Anti-social behaviour occurs where a person causes or, in the circumstances is likely to cause, to one or more persons who are not of the same household as the person:
So, for example, if a neighbour is continuously playing loud music which was causing you annoyance and interfered with your peace and quiet this may amount to anti-social behaviour. Similarly, if large numbers of people are continuously gathering outside or near your property, or indeed your local supermarket, and their behaviour is causing you alarm, distress, fear or intimidation then this behaviour may amount to anti-social behaviour.
- Harassment or
- Significant or persistent alarm, distress, fear or intimidation or
- Significant or persistent impairment of their use or enjoyment of their property.
Who issues a behaviour warning?
A Garda may issue a behaviour warning to you if you are behaving in an anti-social manner. The Garda does not necessarily need to observe or witness the behaviour and can act on a complaint from any member of the public. A behaviour warning cannot be issued more than one month after the behaviour took place, or in the case of persistent behaviour, more than one month after the most recent occurrence of the behaviour.
The Garda can issue a behaviour warning verbally or in writing. If it is given verbally the Garda must record it in writing as soon as reasonably possible and then serve it on you personally or by post.
The Garda may require you to give your name and address for the purpose of the behaviour warning or for the written record of the warning.
When can the gardaí apply for a civil order?
Before the Superintendent can make an application for a civil order at least one of the following conditions must be met:
- You have already been issued with a behaviour warning and have not complied with one or more of the demands of that warning
- You have been issued with 3 or more behaviour warnings in less than 6 consecutive months.
The above seems to imply that you yourself are not opening legal proceedings - the guards are the ones who are issuing the behaviour warnings etc on the basis of your complaints.
Do you think these people will continue to up the ante if they are getting repeated visits from the guards for anti social behaviour?
You can install CCTV on your property facing the fence.
The community Garda rang me last night...such a lovely man. Really sympathatic ear and gave me lots of advice including going down the ASBO route. He gave me his direct phone number and told me to call him whenever and he would be happy to intervene.
If we could be 100% sure that going down teh Garda route will not come back to haunt us if we go to sell and that it will not draw the purpetrators on us further, then that's the route we would like to take.
Just as an abstract example, if your home was broken into and you personally caught the burglars in the act in your home and called the guards, and then 6 months later sold the house - there would be nothing to say you had to disclose the robbery and subsequent catching of the criminals on the property?
I also rang Citizens Information. They were very nice and helpful and told me to contact the HSE re: Environmental problems with noise and rubbish. But the HSE gave me the advice re: it only affecting 1 family! Ludicrous! I didn't believe the girl in the local office and so I rang their head office in Naas only to be told the same thing.
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