Noise pollution vs municipal by-laws

Noise is a natural consequence of whatever we do. It is part of our everyday lives, and we often tolerate it.

However, noise can cause conflict between those generating it and those who are its victims.

According to Schindlers Attorneys, noise pollution is unwanted or offensive sounds that unreasonably intrude into people’s daily activities.

Under most circumstances, intolerable noise will not cause people to complain, but there are circumstances when the volume, extent, or recurrence will cause irritation and frustration. South African law, through the Environment Conservation Act 73 of 1989, “the Act”, and municipal by-laws protect recipients from intolerable noise pollution.

Urban myth about noise levels:

The urban myth says you can make noise until 11:00 on a weeknight and midnight over a weekend, but most municipalities have by-laws that focus on the number of decibels measured rather than the time of the noise.

The National Noise Control Regulations, “the Regulations”, give local authorities extensive powers to regulate noise.

The regulations define “noise disturbance” as “any sound which disturbs or impairs or may disturb or impair the convenience or peace of any person” and “disturbing noise” as “a noise level that exceeds the ambient sound level measured continuously at the same measuring point by seven decibels or more.”

Sections 4 and 5 of the Regulations further state that:

Section 4:

• No person shall make, produce or cause a disturbing noise or allow it to be made, produced or caused by any person, animal, machine, device or apparatus or any combination thereof.

Section 5

No person shall:

• operate, play, or allow to be operated or played a radio, TV, drums, musical instrument, sound amplifier, loudspeaker system or a similar device producing, reproducing or amplifying sound, or allow it to be operated or played to cause a noise nuisance;

• offer any article for sale by shouting, ringing a bell or making other sounds or by allowing shouting, the ringing of a bell or the making of other sounds in a manner which may cause a noise nuisance;

• as the owner or person in control of an animal, allow it to cause noise nuisance;

• build, make, construct, repair, rebuild, modify, operate or test a vehicle, vessel, aircraft or object on or near residential premises, or allow it to be built, made, constructed, repaired, rebuilt, modified or tested there, if this may cause a noise nuisance;

• erect a building or structure on residential premises to allow it to be erected there if this may cause a noise nuisance;

• use or discharge any explosive, firearm, or similar device that emits an impulsive sound and may cause a noise nuisance, or allow it to be used or discharged, except with the prior consent in writing of the local authority concerned and subject to the conditions as the local authority may deem necessary;

• except in an emergency, emit a sound, or allow a sound to be emitted, using a bell, carillon, siren, hooter, static alarm, whistle, loudspeaker or similar device if it may cause a noise nuisance;

• operate any machinery, saw, sander, drill, grinder, lawnmower, power garden tool or similar device or allow it to be operated if it may cause a noise nuisance;

• load, unload, open, shut or in any other way handle a crate, box, container, building material, rubbish container or any other article, or allow it to be loaded, unloaded, opened, shut or handled if this may cause a noise nuisance;

• drive a vehicle on a public road in such a manner that it may cause a noise nuisance; or

• use any power tool or powered equipment used for construction work, drilling or demolition work, or allow it to be used in or near a residential area if it may cause a noise nuisance.

Legal remedies for excessive noise:

The first option is to lay a complaint with your local authority via a written statement. An affected party can apply for an interdict to prevent a neighbour from causing the specific noise or sue the neighbour for damages suffered because of excessive noise caused by them.

EMPD spokesperson Lieutenant Colonel Kelebogile Thepa said, “There are some restricted and private areas where the EMPD cannot attend to noise complaints.

“Examples are at a licensed bar or pub, situated in a place approved by the municipality and zoned for such, at a plot or farm where permission was granted and far apart neighbours agreed for such an event, to take place.”

She said this also included inside the soccer field or stadium where permission was granted, in the middle of the lake, inside a yacht and the airport, among other areas.

Should you wish to lay a complaint about noise pollution, contact 086 054 3000 or visit your nearest Customer Care Centre. Other law enforcers, like the SAPS, may also respond to noise complaints.