Wednesday, February 20, 2008

Know the Law: Noisy Nights No More

For those of us who are constantly afflicted by loud music, whether gospel or popular and other forms of noise disturbances which seemingly constantly compromises our ability to enjoy the quietude of our homes, there is relief under the law. Indeed, it would seem, that several of these open air places of amusement that have established themselves in the midst of residential communities, are operating in flagrant breach of the law and have been doing so with impunity for some years now.

Indeed Section 3 of the Noise Abatement Act 1997 also colloquially referred to as the Night Noises Act, states that no person shall, on any private premises or in any public place at any time of day or night-

(a) sing, or sound or play upon any musical or noisy instrument; or
(b) operate, or permit or cause to be operated, any loudspeaker, microphone or any other device for the amplification of sound;

in such a manner that the sound is audible beyond a distance of one hundred metres (328.1 feet) from the source of such sound and is reasonably capable of causing annoyance to persons in the vicinity so, however, that where during the period specified in subsection (4) such sound is audible beyond that distance in the vicinity of any dwelling house, hospital, nursing home, infirmary, hotel or guest house, such sound shall be presumed to cause annoyance to persons in that vicinity.

Subsection (4) of the Noise Abatement Act specifically refers to that time interval between:

(a) 2 0’clock and 6 o’clock in the morning on a Saturday or Sunday; and
(b) Midnight on a Sunday, Monday, Tuesday, Wednesday or Thursday and 6 o'clock in the following morning.

Further, under Section (5) , subsection (1) of the Noise Abatement Act, where a person intends to operate any specified equipment to provide music for dancing or any other form of entertainment in a public place in circumstances where such music is reasonably capable of disturbing any person occupying or residing in any private premises, such person shall make a written application to the Superintendent of Police in charge of the division in which the activity will be held for permission to do so, not later than ten clear days before the date on which it is proposed to hold such activity. The Superintendent of Police may upon receipt of an application under subsection (1) refuse to grant permission or may grant such permission subject to such conditions as he may specify in writing: so, however, that no permission shall be granted for the operation of specified equipment in the vicinity of any hospital, nursing home or infirmary.

For added convenience there is a link attached to facilitate your full perusal of the Noise Abatement Act, 1997

To help battle this scourge, which is really an offshoot of the creeping commercialization affecting our communities please contact the police. For ease of reference please see the following contact information listed below to register our disquiet about a frequently occurring breach or one which is occurring presently:

St Andrew Central Division (Half-Way-Tree Police) – Senior Superintendent George Quallo – 9267281, 926-7129

The New Kingston Police Post – Assistant Superintendent Wayne Cameron – 926-3508

Matilda’s Corner – 927-8219, 927-6061

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