Quiet-List 1997

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Re: Purpose of quiet-list

I have found the "list" good value for a couple of reasons:
1]  It's cold comfort [but comfort none the less!] to know that other
communities have the same cocktail of problems!  [eg poor town
planning, ill-bred, spoilt, self centred and addicted young people,
emasculated laws, lawyers and legal systems.]
2]  It's extremely valuable to be aware of the sentiments and frustrations
of others.  We have had a [pathetically under-resourced] noise control
section in Cape Town for about four years and it's a source of
inspiration to be able to "glean" from these sentiments and ideas.
3]  It's helpful to be aware of the major problems faced by other
communities that don't exactly parallel ours [eg boom cars are not yet a
major problem here in S Africa; discos and raves are.  Some so-called
"black"  taxis are "doofers" with 140dB sound systems to entertain the
4]  It's an endorsement of our own struggles to see how others in the list
grapple with the problem of legislation.  We have a set of nationally
promulgated noise control regulations but they cannot work unless the
courts are prepared to trust the noise control official  [because he has, in
the last analysis, to be the agent of measurement or assessment].  They
don't; thus Ray's story of the $21 fine.  Notes [ASCII] on our local
regulations are attached for those interested.
However, I don't believe any regulation can work in this context:
annoyance is too subjective.  I don't believe the vigilante approach can
work either: vigilante groups have sprung up here and have back-fired. 
But I do believe the law - such as it is - can be upheld by permitting
devices such as EMP guns to be used by law enforcement officers; or
permitting them to simply disconnect power supplies. [We're not allowed
to do that here!!]
I believe action Groups are the answer!
Lobby the politicians!  [I lobby ours even though as an official I'm not
supposed to!]  Be encouraged  --  Ex unitate vires!
It's going to take time, money and tenacity [to change a whole
generational mindset, most of them already severely hearing-impaired!]
This "list" is part of the encouragement!
Regards ...

John D'Arcy-Evans
tel.:     (021) 400 3860
fax:     (021) 419 7096
E-mail: jdevans@ctcc.gov.za

                         Some notes on the
                     Noise Control Regulations
                        published under the
                   Environment Conservation Act
                        (Act No 73 of 1989)

General Note:  Onus is on the local authority to apply the regulations or to act on them or not
as it deems appropriate.


     Regulation 2(d):        Assess noise impact before erection or alteration of
     Regulation 2(f):        Designate a "Controlled Area".
     Regulation 2(i);3(k):        Assess noise impact prior to changes to noisy plant.
     Regulation 2(m):        Designate a "Zone Sound Level".
     Regulation 3(a):        Predict township noise levels for 15 years.
     Regulation 3(b):        Take protective measures for noise sensitive buildings
                              in controlled areas. (External noise influence).
     Regulation 3(c):        Take protective measures for noisy buildings if a
                              disturbing noise is likely. (Internal noise influence).
     Regulation 3(d):        Take protective measures for noisy roads, speed
                              limits, etc. if a disturbing noise is likely.
     Regulation 3(e):        Similar to 3(b).

Cape Town City Council has applied to the Minister for exemption from the application of
regulations 3(a), 3(b), 3(d) and 3(e).


     Two classifications of noise are envisaged:

     1    A "Disturbing Noise".  This is a noise of a general nature (ie commercial,
     industrial or residential) that exceeds the (defined) "Zone Sound Level" or exceeds the
     ambient level by 7dBA or more.

     2    A "Noise Nuisance".  This is a noise applicable more in a residential context
     and not easily definable by measurement.  Its enforcement is similar to the nuisance
     by-law.  (ie SABS 0103).

        Areas of interest: noise nuisance caused by -

          Musical Instruments
          Street selling by shouting or bell-ringing
          Vehicle repairs
          Impulsive/explosive devices
          Nuisance alarms
          Machine noise
          Clumsy handling of materials
          Driving habits
          Construction activity    

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