Finding the mute button for noise pollution
The last thing a person wants to hear when going to bed on a Sunday evening is a noisy neighbor keeping you awake with loud music or construction project.
The last thing a person wants to hear when going to bed on a Sunday evening is a noisy neighbor keeping you awake with loud music or construction project. But when it comes to municipal by-laws and legislation regarding noise many people are in the dark about what they can or cannot report and what steps to take if the law is indeed being violated.
A local resident living in Die Heuwel has recently brought a complaint forward about a pub and grill in the area keeping residents awake into the early hours of the morning even on Sundays. The resident claims people are spinning motorbikes, drinking and playing load music from the establishment. The most recent incident occurred over the Easter Weekend.
“They are revving bikes and making noise. It is driving us crazy,” said the anonymous resident.
According to the law there are two kinds of noise. A Disturbing Noise is objective which is a scientifically measurable noise level and generally compared to the existing ambient noise level. This can include machinery, amplified music, and even animals if they make noise above a certain decibel.
The Environment Conservation Act, 1989 (Act 73 of 1989) – Noise control regulations, 1999. This kind of noise is always illegal and can be reported 24 hours a day in residential areas.
The World Health Organization has linked disturbing noise to various mental and physical health issues such as impaired hearing.
A Noise Nuisance is a subjective measure and is defined as any noise that “disturbs or impairs or may disturb or impair the convenience or peace of any person.” This kind of noise is usually handled in municipal by-laws but includes musical instruments and television sets among other things. Action can be taken if a noise nuance carries on excessively such as at 02:00 in the morning on a Sunday as the resident of Die Heuwel has recently experienced.
If you have similar complaints a criminal case can be opened under the Environment Conservation Act.
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