Don’t fall foul of noise by-laws
Noise nuisance is described as any sound which disturbs or impairs or may disturb or impair the convenience or peace of any person.
The festive season is fast approaching, and those who will take a break from work and normal daily activities might spend time revelling in music and dance.
Residents are reminded, however, to be mindful of social activities that might make them fall foul of noise control by-laws and regulations.
Acts that fall within the definition of disturbance of peace, disturbing noise and noise nuisance are prohibited.
These three acts are accordingly regulated by the City of Ekurhuleni’s Police Services By-laws and Gauteng Noise Control Regulations.
The regulations make 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.
The measurement and rating would require a sound measuring instrument to determine.
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.
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It is a subjective test that depends on the impact the noise causes or may cause on the person hearing that noise.
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’s by-laws may be fined an amount not exceeding R2 000, or imprisoned for a period not exceeding six months, or to both such fine and such imprisonment.
Before the conviction, the person whose behaviour is complained of is issued with 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 of an amount not exceeding R20 000, or imprisonment for a period not exceeding two years, or to both such fine and such imprisonment.
In case of continued violations, the regulation provides for further sanctions.
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“Those who will be participating in celebrations of whatever nature, should be considerate to other residents who should also have space to enjoy the festive season,” said Clr Dora Mlambo, Ekurhuleni MMC for Community Services.
“The city will not hesitate to deal with those who are reported to have contravened applicable by-laws and regulations.”
Contravention of by-laws and Gauteng Noise Control Regulations can be reported to the Ekurhuleni Metro Police Department 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 call centre on 011 458 0911.
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