Noise complainants crank up the volume
Noise complaints were received from frustrated residents all over the city, yet again, after the past weekend. Complaints came from West Acres, Sonheuwel and Steiltes, with residents saying they are kept up at all hours, especially during weekends. A local landlord, the owner of Coyotes, a DA councillor and a frustrated doctor all weighed in on the situation.
Two establishments are thought to be the culprits of residents’ early-morning-hour headaches, one being the The Prestige Lifestyle Grand (situated where News Café was previously) and the other Coyotes Lounge in Anderson Street.
The owner of The Prestige could not be reached, but the landlord of that centre, Sheldon Bacos, said he had had a conversation with her about the complaints.
Noisy tenant addressed
“I spoke to the tenant yesterday (Monday) and she said she would turn down the music.”
He mentioned that they attempt to keep all their tenants happy, but this situation has caused a manner of discomfort for Abeega Roadhouse, right next to the accused establishment.
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The roadhouse got dragged into accusations regarding the noise on social media; the main hub for complaints currently.
Upon Lowvelder’s visit to the diner, management said they wanted to make it clear that it was not them causing the noise in question.
They said their business, which usually closes at around 21:00, is in fact suffering since the new restaurant opened up, because customers do not want to come there and be subjected to the loud music.
They are at a point where they are considering shortening business hours because there is no point in staying open when no profit is being made.
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Bacos mentioned that The Prestige’s owner had been amenable in their discussions and that he is sure she will make a plan to resolve this issue.
Should the issue persist, he will open a dialogue with her.
Coyotes speaks out
Lowvelder also had a lengthy discussion with the owner of Coyotes Lounge in Anderson Street, Chi Omelazu.
He said his goal is not and has never been to make anyone uncomfortable by running his establishment and he does not want to dismiss anyone’s feelings.
“I get no joy from other people not being happy.”
He also mentioned that he had applied for an entertainment licence about two years ago, and it had been approved a few weeks ago. According to him, this allows for the volume and type of live entertainment Coyotes offers.
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He compared the business to Innibos, which is so often mentioned in the ongoing Facebook debates about the noise issue.
Even though Innibos only happens once a year, he said there is no difference, the fact that he has the licence, makes the music legal. He said he is willing to provide his number to authorities so they can contact him when there are complaints.
“Tell me that it is in this area, at this time, and let me see. How do you expect someone to understand if you have not shown him?”
He said, without trying to disregard anyone’s feelings, people must also consider that he is providing jobs to about 120 people.
“You cannot compare different types of businesses. I am in the business of entertainment. People want to jump up and down and be happy. And people need to realise that there are going to be developments in town. You cannot expect it to be the same as 10 years ago.”
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Residents, however, maintain that they are suffering amid these developments.
No sleep for hard-working doctor
Dr Jurgens Naudé, who lives in the doctors’ quarters at Rob Ferreira Hospital, is one of these residents.
“It is bothersome and really influences me day-to-day. I’m tired. My sleep is being affected and in my profession sleep is one of your most valuable assets.
“After a night shift, if you want to take a brief nap at 02:00 in the morning after working the previous day from 07:30 and having to work the following day until 22:00, you cannot, because of the noise.
“You get frustrated and hopeless. I have to close my windows on the eighth floor and put in earplugs and then you still hear the noise.”
He said many people who live in the doctors’ quarters complain about this, but they feel their hands are cut off when it comes to doing anything about it.
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Enter ward councillor, Tersia Marshall, who said she has been fighting this fight since 2018.
She, along with two other residents, went to the Nelspruit SAPS on Monday with the intent to lay formal charges against the establishments, with specific relation to the previous week from Thursday evening until Monday morning at about 00:30.
“Initially the police did not want to open a case. They said we need to go to the municipality to lay charges because it was a contravention of the by-laws.
Brigadier assists complainants
“I am not of the opinion that the police cannot open a case. I have informed them accordingly as well, because, not only are these two establishments in contravention of the by-laws, they are also in contravention of national legislation, more specifically the regulations of the Disaster Management Act as well as the Environment Conservation Act 73.
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“After we were informed that the police will not be able to help us, we then escalated it to the deputy station commander, Brig Ngobeni, who then assisted us. We made a phone call to the public prosecutor and he said he would go and visit the one establishment because they have already received a fine.”
A case has not been opened yet, but Marshall said she is actively gathering what is needed to open it.
From a municipal side, the reason for not acting was, for a long time, the absence of the newly promulgated by-laws pertaining to noise. These by-laws were officially published on November 27 last year.
The municipality said it had taken note of the complaints and will have a response ready for Lowvelder on Monday.
By-laws and Disaster Management Act
Disaster Management Act, 2002: Amendment of regulations issued in terms of section 27(2)
Every person is confined to his or her place of residence from 00:00 until 04:00 daily.
(3) Closing time for the following establishments, whether indoors or outdoors, is 23:00:
(a) cinemas,
(b) theatres,
(c) casinos,
(d) museums, galleries and archives,
(e) public swimming pools,
(f) beaches and public parks,
(g) game parks, botanical gardens, aquariums and zoos,
(h) gyms and fitness centres,
(i) restaurants,
(j) venues hosting auctions,
(k) venues hosting professional sport, and
(l) venues hosting faith-based, religious, social, political and cultural gatherings.
City of Mbombela by-law relating to streets, public places, the prevention of noise disturbance and noise nuisance:
Noise nuisance
- (1) No person shall cause or permit to be caused a noise nuisance,
(a) operate or play, allow to be operated or played, a radio, television set, drum, musical instrument, sound amplifier, loudspeaker system or similar device producing, reproducing or amplifying sound.
Noise disturbance
- (a) No person may cause a disturbing noise or allow it to be caused by any person, animal, machine, device, vehicle, recreational vehicle, apparatus or any combination thereof;
(b) No person shall in a residential area, between 22:00 and 06:00 from Monday to Saturday and on Sunday between 20:00 and 06:00, shout, sing otherwise make any loud noise;
(c) No city’s approved public event shall produce noise beyond 01:00 to 06:00 in the morning.
