The subject of bylaws was addressed by Metro Police Captain Neville Govender at the recent Bulwer Community Safety Forum residents' meeting.
Capt Govender, gave residents advice on dealing with noisy neighbours and businesses, and also highlighted other bylaws Metro Police deal with.
In response to queries from the community present at the meeting, Govender explained the procedure Metro Police were required to follow when responding to complaints of noise.
“We have to do an objectivity test. A captain or warrant officer will attend to a complaint where noise is persistent for an extended period of time. The officer will assess objectively whether it is a nuisance, and will then be able to testify on the case if it goes to court,” he said.
Govender said in all cases of a noise nuisance, whether from a business or residence, the procedure required the officer to visit the premises, approach the owner or lawful occupier and request the noise be toned down to an acceptable level. If the noise is turned up again, even on the same night, the second step is to issue an official warning, a summons and a R1 500 admission of guilt fine. If the noise persists, the person who was officially warned is arrested and the sound equipment seized as an exhibit to be used as evidence in court. A docket is then opened for disturbing the peace, and the matter is put before a magistrate in court.
“We have to go in this order, in compliance to the Act. We have had cases such as in Florida Road, where we have arrested people,” he said.
In response to a question from a resident regarding acceptable times to have loud music, and when it should be turned down, Govender said Metro Police enforce the bylaws 24 hours a day. He said any person, even at 10am, who caused a disturbance, would be dealt with.
Questions were put to Capt Govender about noise disturbances from events, such as the Crusade at Curries Fountain last year, and he responded by saying Metro Police had authority to close down an event if it infringed on the by-laws, but they could not stop an event if it had been signed off by the city manager.
Govender encouraged residents to call the Metro emergency number on 031-361-000 in the case of noise disturbances and urged residents to request a reference number.
He said residents needed to learn the structure of council, and which departments dealt with which issues. He said residents could call 031 311 111 and they would be directed to the respective departments.
