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
occupants!]
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.


PRO-ACTIVE MEASURES

     Regulation 2(d):        Assess noise impact before erection or alteration of
                              buildings.
     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).



REACTIVE MEASURES

     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
          Animals
          Vehicle repairs
          Impulsive/explosive devices
          Nuisance alarms
          Machine noise
          Clumsy handling of materials
          Driving habits
          Vehicles
          Construction activity    
                                                            XX7.AAK

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