Not obeying an order to stop loud noise is a criminal offence and could land you in hot water.
With the festive season approaching, residents are reminded to be mindful of social activities that might make them fall foul of noise control by-laws and regulations in the City of Ekurhuleni.
Noise pollution is divided into two categories, namely disturbing noise and noise nuisance, which are both prohibited, said Themba Gadebe, spokesperson for the metro.
Noise pollution is regulated by the City of Ekurhuleni’s police services by-laws and Gauteng noise control regulations.
The regulations make a distinction between disturbing noise and noise nuisance. In order for an act to be defined as disturbing noise, it needs to meet a technical test, such as measuring above the noise level set for that designated zone, or, if designated areas are not set, the noise must have risen above the measurement or rating set in the South African Bureau of Standards Publication No. 0103.
A sound measuring instrument will be used to determine the noise level.
On the other hand, noise nuisance is described as any sound which disturbs or impairs or may disturb or impair the convenience or peace of any person. It is a subjective test that depends on the impact the noise causes or may cause on the person hearing that noise, Gadebe said.
Disturbing noise, noise nuisance or disturbance of peace may be caused through the manner of driving a vehicle, operating or playing a radio, television set, drum, musical instrument, fireworks, operating a grinder, shouting, singing, etc.
The City of Ekurhuleni’s police services by-laws, in addition to the prohibited acts described in the Gauteng Noise Regulations, classify prohibited acts caused by noise or riotous behaviour as disturbance of peace.
Those who contravene the City of Ekurhuleni’s police services by-laws may be fined an amount not exceeding R2 000, or imprisonment not exceeding six months, or both.
Before conviction, the person whose behaviour is complained about is issued a notice to stop the contravention within a specified period. The regulations provide for harsher sanctions in case of conviction for contravention.
It prescribes a fine not exceeding R20 000, or imprisonment not exceeding two years, or both. In case of continued violations, the regulations provide for further sanctions.
“Those who will be participating in celebrations of whatever nature that involve the generation of noise should be considerate to other residents who should also have space to enjoy the festive season. The City will not hesitate to deal with those who are reported to have contravened applicable by-laws and regulations,” MMC for community services Clr Dora Mlambo said.
Contravention of these laws can be reported to the Ekurhuleni Metro Police Department (EMPD) who may issue a notice instructing the noise maker to stop. Failure to abide by the notice is a criminal offence which would be dealt with accordingly.
Residents may contact the Ekurhuleni Emergency Services (EMS) call centre on 011 458 0911 to report incidents.
