Delroy Chuck FOR MOST Jamaicans, a good night's sleep is essential. Yet, for an increasing number, sleep deprivation is now the norm as sound systems, boom boxes and night-clubs make it impossible to enjoy nocturnal rest. As MP, I get constant complaints from long suffering residents who are disturbed persistently by the loud and unbearable music belting out from thoughtless neighbours, commercial operators and street dance promoters. Like so many other well-intentioned legislation, the Noise Abatement Act, enacted in March 1997, is more observed in its breach and, probably, not well known.
ENTERTAINMENT AND ATTRACTION
To be sure, I support commercial activity that brings benefits to operators and promoters of good, wholesome, dances and musical events. Many night-clubs offer music as part of their entertainment and attraction. In the inner cities, street corner dances bring communities together and provide much needed economic benefits. Similarly, the occasional parties in quiet residential areas are expected and tolerated. The real problem comes from unthinking operators who feel they should play their boom boxes at such a volume that they are heard many miles away. If party planners and operators simply comply with the law there would be no problem but noise-making and disturbing your neighbour are just part of the perennial indiscipline overtaking the whole society.
Well, the law is clear. But why is it not enforced? Section 3 of the Noise Abatement Act provides that on any private premises or in any public place at any time of day or night, any amplification of sound, from whatever means, that is audible more than 100 metres away and is reasonably capable of causing annoyance is in breach of the Act. Subsection 3(4) is even clearer: after midnight during the week and between 2 and 6 a.m., on Saturday and Sunday mornings, if the sound is audible more than 100 metres from the source, it constitutes a breach. For crying out loud, if the law is so clear, why should residents have to endure the unseemly noise emanating from boom boxes, many miles away, that causes windows, doors and appliances to shake, and in the wee hours of the morning?
Even when persons obtain the permission of the Superintendent of Police to provide music for dancing or entertainment or at public meetings, the law still provides that such entertainment should not go beyond 2 a.m. in the vicinity of any dwelling house and conditions are usually imposed that the music should be turned down after midnight. One can only hope that Superintendents now insist that applicants comply with the terms of the licence to have these dances and other forms of entertainment. Perhaps, applicants should be required to put up a bond or guarantee that would be forfeited if the Act or licence were breached. In fact, the Act provides for a fine of $15,000 for the first offence, and for higher fines up to $50,000 plus confiscation of the equipment causing the disturbance for further offences. Since most of these dances and forms of entertainment are for profit, if breaches were regularly penalised it is likely they would be avoided.
In a nutshell, however, why should music be blaring so loud that it can be heard more than 100 metres away? Interestingly, it is not clear that the Act actually deals with all the night noises that disturb householders deserving of a good night sleep. What about racing cars or revving motorbikes? Or, how about barking dogs that can be heard throughout the nights?
DOGS ARE DISTURBANCES
Recently, I received an interesting letter from a constituent, part of which I shared in my regular constituency newsletter, but another part is worth quoting: "As MP for this area, I am asking you to assist in correcting this problem which is severely lowering our quality of life. My household is being disturbed, much too often, by barking dogs. We are therefore having difficulty sleeping at nights as the barking is loud enough to awaken and prevent us from going back to sleep. Often it continues for long periods of time and often when one set stops barking another starts. The manner and duration of the bouts of barking indicate that it has nothing to do with prowlers but rather that the dogs are barking for their own entertainment."
Well, well, we need to know that the many dogs kept by even quiet neighbourhoods are sources of disturbance and affect the well-being of residents near and far away, as the noise carry across the terrain during the quiet of the nights. In truth, we need to respect our neighbours and their rights and entitlements, have some concern for their well-being, peace of mind and need for nocturnal rest. If we are to eschew the mounting indiscipline and lawlessness, restore law and order, recover decency and harmony, it is time we eliminate even the simple breaches and enforce zero tolerance everywhere and every time. If we do, the quality of life throughout the society would improve immeasurably.
Delroy Chuck is an attorney-at-law and Opposition Member of Parliament. Delchuck@Hotmail.Com.
