By Busi Vilakazi
The EXPESS received several complaints from readers about noise pollution from taverns and bars and these concerns increase as the festive season approaches.
On September 12, residents’ frustrations for the disregard of by-laws and noise pollution on Roberts Avenue in Kensington and Bez Valley, were reported.
Douglas Wood, operations manager for environmental health auxiliary services at City of Joburg, said no person may, at any time, cause a noise nuisance or disturbing noise.
Regulation 1 of the Noise Control Regulations of Gauteng 1999 defines a noise nuisance as “any sound which disturbs or impairs or may disturb or impair the convenience or peace of any person.”
The person is entitled to lodge a complaint with the Department of Environmental Health.
The official at the department, investigating the complaint, does not evaluate the noise but issues a statutory notice on the person causing the noise nuisance.
The notice strengthens the information provided by the complainant supported by a sworn statement.
A person who wishes to lodge a complaint should do so in the form of a sworn statement.
The sworn statement should clearly state the following:
• Where the complainant resides.
• Where and when the incident happened.
• Details of what happened and how it effects or has impacted on them.
• Refer to and identify supporting evidence.
“If the person on whom the statutory notice has been served does not comply with the instructions set out in the notice and the noise continues, the investigating official must take the matter up with the control state prosecutor and have a notice to appear in court issued.
“The prosecutor will evaluate the statement of the complainant and support sworn statements of subsequent reoccurrences after the statutory notice had been served to determine whether the state will be able to successfully bring the matter to its conclusion in court,” said Wood.
The Region F Department of Environmental Health is situated on the third floor at Eureka House, 92 Marlborough Road in Springfield or contact 011 681 8130.