Buffalo City
South Africa
Noise By-law,
2010
Preamble
Whereas the Council of the Buffalo City Municipality ('the Council') has approved the repeal of the erstwhile Gonubie Municipality By-law for the Prevention and Suppression of Nuisances (P.N. 67/1977) and the erstwhile King William's Town Municipality Regulations for the Control of Noise (P.N.891/1974);AND WHEREAS the Council has adopted the Noise Control Regulations promulgated under the Environment Conservation Act 73 of 1989 ('the Act') by virtue of Government Notice number R154 dated 10 January 1992,NOW THEREFORE the Council hereby publishes the Noise By-law set forth hereinafter in terms of section 156{2) of the Constitution of the Republic of South Africa Act 108 of 1996 ("the Constitution").1.
In this By-law, a reference to one gender includes the other gender; any word or expression to which a meaning has been assigned in the Act bears the meaning so assigned; and unless the context indicates otherwise the following words bear the meanings set out hereunder-"Council" means the Council of the Buffalo City Municipalityand includes any employee of the Council exercising powers or performing duties or functions delegated to her by the Council;"ambient sound level" means the reading on an integrating impulse sound level metertaken at a measuring pointin the absence of any alleged disturbing noiseat the end of a continuous total period of at least 10 minutes, after such meter had been put into operation;"animal" also includes birds and poultry;"controlled area" means a piece of land deSignated by the Municipalitywhere, in the case of -(a)road transport noise in the vicinity of a road-(i)the reading on an integrating impulse sound level meter, taken outdoors at the end of a period extending from 06:00 to 24:00 which such meter is in operation, exceeds 65 dBA; or(ii)the equivalent continuous "A" -weighted sound pressure level at a height of at least 1,2 metres, but not more than 1,4 metres, above the ground for a period extending from 06:00 to 24:00 as calculated in accordance with SANS 10210-2004, titled: "Calculating and predicting road traffic noise", published under Government Notice 1373 of 8 November 2002, and projected for a period of 15 years following the date on which the Municipalityhas made such designation, exceeds 65 dBA;(b)aircraft noise in the vicinity of an airfield, the calculated noisiness index, projected for a period of 15 years following the date on which the Municipalityhas made such designation, exceeds 65 dBA; or(c)industrial noise in the vicinity of an industry-(i)the reading on an integrating impulse sound level meter, taken outdoors at the end of a period of 24 hours while such meter is in operation, exceeds 61 dBA; or(ii)the calculated outdoor equivalent continuous "A" - weighted sound pressure level at a height of at least 1,2 metres, but not more than 1,4 metres, above the ground for a period of 24 hours, exceeds 61 dBA;(d)noise in the vicinity of, or in, residential and commercial areas, determined in accordance with the provisions of SANS 10103: 2004, titled 'The measurement and rating of environmental noise with respect to land use, health, annoycmce and to speech communication', published on 19 November 2004, which provides for methods and guidelines to assess working and living environments."dBA" means the value of the sound pressure level in decibels, determined using a frequency weighting network A, and derived from the following equation:
"disturbing noise" means a noise levelwhich exceeds the zone sound levelor, if no zone sound levelhas been designated, a noise levelwhich exceeds the ambient sound levelat the same measuring pointby 7 dBAor more;"erect" also means alter, convert, extend or re-erect;"integrating impulse sound level meter" means a device which integrates a function of the root mean square value of sound pressure over a period of time while it is set on "I" -time weighting and indicates the result in dBA;"measuring point", relating to -(a)a piece of land from which an alleged disturbing noiseemanates, means a point outside the property projection planewhere an alleged disturbing noise, in the opinion of the Municipality, shall be measured in accordance with the provisions of section 6:(b)a building with more than one occupant, means a point in or outside the building where an alleged disturbing noise, in the opinion of the Municipality, shall be measured in accordance with the provisions of section 6; and(c)a stationary vehicle, means a point as described in SANS 10181-2003, titled: "The measurement of noise emitted by road vehicles when stationary", published under General Notice 1373 of 8 November 2002, where a measuring microphone shall be placed;"Municipality" means the Buffalo City Municipality and includes any employee of the Municipality exercising powers or performing duties or functions delegated to her by the Municipality;"noise level" means the reading on an integrating impulse sound level metertaken at a measuring pointin the presence of any alleged disturbing noiseat the end of continuous total period of at least 10 minutes, after such meter had been put into operation, and if the alleged disturbing noisehas a discernible pitch for example- a whistle, buzz, drone or music- to which 5 dBAis added;"noise nuisance" means any sound which disturbs or impairs or may disturb or impair the convenience or peace of any person;"noisiness index" means a number expressed in dBAas defined in SANS 10117-2004, titled: "Calculation and prediction of aircraft noise around airports for land use purposes", published under Government Notice 26962 in November 2004;"plant" means a refrigeration machine, air-conditioners, fan system, compressor, power generator or pump;"property projection plane" means a vertical plane on, and including the boundary line of a piece of land defining the boundaries of such piece of land in space;"public place" means any road, street, thoroughfare bridge, overhead bridge, subway, foot pavement, footpath, sidewalk, lane, square, open space, garden park, path, bus or taxi rank, servitude or enclosed space vested in the Counciland includes any road, place or thoroughfare which is in the use of the public or which the public have the right to use;"recreational vehicle" also means-(a)an off-road vehicle, scrambler, dune buggy or ultra-light aircraft;(b)a model aircraft, vessel or vehicle;(c)any aircraft or helicopter used for sport or recreational purposes; or(d)any other conveyance or model which in the opinion of the Municipalityis a recreational vehicle;"sound level" means the reading on a integrating impulse sound level metertaken at a measuring point;"the Act", means the Environment Conservation Act, 1989 (Act No. 73 of 1989);"zone sound level" means a derived dBAvalue determined indirectly by means of a series of measurements, calculations or table readings and designated by the Municipalityfor an area.2. Powers of the municipality
The Municipality may -(a)For the purposes of applying this By-law, at any reasonable time enter a premises without prior notice:(i)to conduct any appropriate examination, enquiry or inspection as it may deem expedient thereon; and(ii)to take any steps it may deem necessary;(b)In order to determine whether a vehicle using any road in its area of jurisdiction, including a private, provincial or national road crossing its area of jurisdiction, complies with the provisions of this By-law, instruct the owner or person in control of the vehicle -(i)to have any appropriate inspection or test, as the Municipality may deem necessary, conducted on the vehicle on a date and at a time and a place determined by the Municipality, in writing;(ii)to stop the vehicle or cause it to be stopped;(iii)to have any appropriate inspection or test that theMunicipality may deem necessary, conducted on the vehicle;(c)if a noise emanating from a building, premises, vehicle,recreational vehicle or street is a disturbing noise or noise nuisance, or may in the opinion of the Municipality be a disturbing noise or noise, nuisance, instruct in writing the person causing such noise or who is responsible therefore, or the owner or occupant of such building or premises from which or from where such noise emanates or may emanate or all such persons, to discontinue or cause to be discontinued such a noise, or take steps to lower the level of the noise to a level conforming to the requirements of this By-law within the period stipulated in the instruction: Provided that the provisions of this paragraph shall not apply in respect of a disturbing noise or noise nuisance caused by rail vehicles or aircraft which are not used as recreational vehicles;(d)Before changes are made to existing facilities or existing uses of land or buildings, or before new buildings are erected, in writing require that noise impact assessments or tests are conducted to the satisfaction of the Municipality by the owner, developer, tenant or occupant of the facilities, land or buildings or that, for the purposes of section 3 (b) or (c)reports or certificates in relation to the noise impact to the satisfaction of the Municipality are submitted by the owner,developer. tenant or occupant to the Municipality on written demand;(e)If excavation work. earthmoving work, pumping work. drilling work. construction work or demolition work or any similar activity. power generation or music causes a noise nuisance or a disturbing noise, instruct in writing that such work, activity,generation or music be forthwith discontinued until such conditions as the Municipality may deem necessary have been complied with;(f)Designate a controlled area in its area of jurisdiction or amend or cancel an existing controlled area by notice in the provincial Gazette of the Eastern Cape;(g)If the owner or person in charge of an animal fails to comply with an instruction referred to in paragraph (c), subject to the appropriate provisions of any other law, impound or cause to be impounded such animal;(h)Subject to the provisions of section B and the appropriate provisions of any other law, attach a vehicle if the sound level of such vehicle exceeds the sound level referred to in section by more than 5 dBA:(i)In writing request the owner or person in control of a plant referred to in section 3 (k) to furnish forthwith proof to its satisfaction that the plant shall not cause a disturbing noise;(j)Impose such conditions as it may deem fit when granting any permission or exemption in terms of this By-law;(k)Incorporate conditions in relation, to noise control with the establishment of a new township, in order to implement the objectives of the Act;(l)Subject to the appropriate provisions of any other law, place or cause to be placed measuring instruments or similar devices, road traffic signs or notices at any place within its area of jurisdiction for the enforcement of the provisions of this By-law: Provided that road traffic signs and notices be placed on private property only with the permission of the owner;(m)Designate zone sound levels for specific areas and for specific times by notice in the provincial Gazette of theEastern Cape.3. General prohibition
No person shall-(a)Establish a new township unless the lay-out plan concerned, if required by the Municipality, indicates in accordance with the specifications of the Municipality only, the existing and future sources of noise, with concomitant dBA values which are foreseen in the township for a period of 15 years following the date on which the erection of the buildings in and around the township commences;(b)Erect educational, residential, flat hospital, church or office buildings in an existing township within a control/ed area,unless acoustic screening measures have been provided in the building to limit the reading on an integrating impulse sound level meter, measured inside the building after completion, to 40 dBA: Provided that any air-conditioning or ventilating system shall be switched off during the course of such noise measurements;(c)Make changes to existing facilHies or existing uses of land or buildings or erect new buildings, if it shall in the opinion of theMunicipality house or cause activities which shall, after such change or erection, cause a disturbing noise, unless precautionary measures to prevent the disturbing noise have been taken to the satisfaction of the Municipality;(d)Build a road or change an existing road, or alter the speed limit on a road, if it shall in the opinion of the Municipality cause an increase in noise in or near residential areas, or office, church, hospital or educational buildings, unless noise control measures have been taken in consultation with the Municipality to ensure that the land in the vicinity of such road shall not be designated as a controlled area;(e)Situate educational, office, residential, hospital or church erven within a controlled area in a new township or an area which has been rezoned: Provided thot such situation may be allowed by the Municipality in accordance with the acoustic screening measures mentioned by the Municipality in the approved building plans;(f)Fail to comply with a directive, instruction or notice issued by the Municipality in terms of this By-law;(g)Notwithstanding the provisions of paragraph (h), stage an organised open-air music festival or similar gathering without the prior consent in writing of the Municipality;(h)Subject to the provisions of sections 4 and 5 (a), operate or playa radio, television set. gramophone, recording device,drum, musical instrument sound amplifier or similar device producing, reproducing or amplifying sound, or allow it to be operated or played, in a public place, if the noise level measured at any point which may be occupied by a member of the public, exceeds 95 dBA. unless the following warning is displayed in at least the Afrilmans, English and IsiXhosa languages and in legible form in a conspicuous place at each entrance to such place:WARNING: SOUND LEVELS INSIDE MAY CAUSE PERMANENT HEARING DAMAGE(i)Use any power tool or power equipment for construction, earth drilling or demolition works, or allow it to be used, in a residential area during the following periods of time:(i)Before 06:00 and after 18:00' from Monday to Saturday; and(ii)At any time on Sundays, Public Holidays, or any other day as may be determined by the Municipality;(j)Drive a vehicle, or allow it to be driven, on a public road, if the sound level at the measuring point measured in accordance with the procedure prescribed in SANS 10181-2003, titled: "The measurement of noise emitted by road vehicles when stationary", published under General Notice 1373 of 8 November 2002, exceeds the sound level indicated in the second or third column, as the case may be, of the following table opposite to the type of vehicle indicated in the first column of that table:| Type of vehicle | Sound leveldBA up to and Including 1992-01-01 | Sound leveldBA after 1992-01-01 |
|---|
| Two and three-wheeled vehicles | 95 | 95 |
| Vehicles with spark ignition and with four or more wheels used for the conveyance of passengers or goods | 99 | 96 |
| Vehicles with diesel engines and not equipped with an engine brake | 109 | 105 |
| Vehicles with diesel engines and equipped with an engine brake: | | |
| (i) engine brake switched off | 109 | 105 |
| (ii) engine brake switched on | 109 | 109 |
4. Prohibition of disturbing noise
No person shall make, produce or cause a disturbing noise, or allow it to be made, produced or caused by any person, animal, machine, device or apparatus or any combination thereof.5. Prohibition of noise nuisance
No person shall-(a)Cause a noise nuisance, or allow it to be caused, by operating or playing any radio, television set, drum, musical instrument, sound amplifier, loudspeaker system or similar device producing, reproducing or amplifying sound;(b)Offer any article for sale by shouting or ringing a bell, or by allowing shouting or the ringing of a bell, in a manner which may cause a noise nuisance;(c)Allow an animal owned or controlled by him to cause a noise nuisance;(d)Build, repair, rebuild, modify, operate or test a vehicle, vessel or aircraft on residential premises, or allow it to be built, repaired, rebuilt, modified, operated or tested, if it may cause a noise nuisance;(e)Use or discharge any explosive, firearm or similar device which emits impulsive sound, or allow it to be used or discharged, if it may cause a noise nuisance, except with the prior consent in writing of the Municipality and subject to such conditions as the Municipality may deem necessary;(f)On a piece of land designated by the Municipality by means of a notice on that piece of land and in the press in at least the Afrikaans, English and lsi-Xhosa languages, or in the air-space above that piece of land -(i)move about on or in a recreational vehicle;(ii)exercise control over recreational vehicle; or(iii)as owner or person in control of the piece of land concerned, allow that on that piece of land, or in the air-space above that piece of land -(aa)is being moved about on or in a recreational vehicle; or(bb)control is being exercised over a recreational vehicle, if it may cause a noise nuisance;(g)Except in an emergency, emit a sound, or allow a sound to be emitted, by means of a bell, carillon, siren, hooter, static alarm, whistle, loudspeaker or similar device, if it may cause a noise nuisance;(h)Operate any machinery, saw, sander, drill, grinder,lawnmower, power garden implement or similar device in a residential area, or allow it to be operated, if it may cause a noise nuisance;(i)Load, unload, open, shut or in any other way handle a crate,box, container. building material, rubbish container or similar article, or allow it to be loaded, unloaded, opened, shut or handled, if it may cause a noise nuisance;(j)Drive a vehicle on a public road in such a manner that it may cause a noise nuisance.6. Use of measuring instruments
(1)The measurement of dBA values in respect of controlled areas, ambient sound levels or noise levels in terms of this By-law shall be done as follows:(a)Outdoor measurements on a piece of land: By placing the microphone of an integrating impulse sound level meter at least 1,2 metres, but not more than 1,4 metres, above the ground and at least 3,5 metres away from walls, buildings or other sound reflecting surfaces; and(b)Indoor measurements in a room or enclosed space, which is not ventilated mechanically: By placing the microphone of an integrating impulse sound level meter at least 1,2 metres, but not more than 1,4 metres, above the floor and at least 1,2 metres away from the wall, with all "the windows and outer doors of the room or enclosed space entirely open: Provided that the windows and doors are closed for indoor measurements in rooms or enclosed spaces which are mechanically ventilated.(2)Any person taking readings, shall ensure that -(a)The microphone of an integrating impulse sound level meter is at all times provided with a windshield;(b)The measuring instruments are operated strictly in accordance with the manufacturer's instructions; and(c)Sound measuring instruments are checked annually by the South African Bureau of Standards or a calibration laboratory approved by the Minister in order to comply with the appropriate specifications for accuracy.7. Exemptions
(1)The provisions of this By-law shall not apply, if-(a)The emission of sound is for the purposes of warning people of a dangerous situation; or(b)The emission of sound takes place during an emergency.(2)Any person may by means of a written application, in which the reasons are given in full, apply to the Municipality for exemption from any provision of this By-law.(3)An exemption shall, if approved, be granted by the Municipality in writing, and the conditions under which and the period for which such exemption is granted, shall be stipulated in such exemption.(4)An exemption shall not take effect before the applicant has undertaken in writing to comply with 01\ conditions imposed by the Municipality under subsection (3): Provided that if activities are commenced before such undertaking has been submitted to the Municipality, the exemption shall lapse.(5)If any condition of exemption is not complied with, the exemption shall lapse forthwith.8. Attachment
(1)A vehicle attached under section 2 (h) shall be kept in safe custody by the Municipality.(2)The Municipality may lift the attachment contemplated in section 2 (h) if the owner or person in control of the vehicle concerned has been instructed in writing by it -(a)To repair or to modify the vehicle concerned or cause it to be repaired or to be modified; and(b)To have any inspection or test as the Municipality may deem necessary conducted on the vehicle on a date and at a time and a place mentioned in the instruction.9. Penalties
Any person who contravenes or fails to comply with a provision of section 3, 4 or 5, is guilty of an offence and liable on conviction to a fine not exceeding R20 000,00, or to imprisonment for a period not exceeding two years, or to both such fine cmd such imprisonment, and, in the event of a continuing contrClvention, to a fine not exceeding R250,00, or to imprisonment for 0 period not exceeding twenty doys, or to both such fine and such imprisonment, for each day on which such contravention continues.10. Conflicting By-laws
(1)In the event of a conflict between this By-law and any other By-law, this By-law prevails and such other By-law becomes inoperative and unenforceable for CiS long as the conflict remains.(2)Where possible, when considering an apparent conflict between this By-law and any other By-law, a reasonable interpretation that avoids a conflict must be preferred over any alternative interpretation that results in a conflict.11. Repeal of By-laws
The following By-laws are hereby repealed:(1)Gonubie Municipality By-law for the Prevention and Suppression of Nuisances (P.N. 67/1977); and(2)King William's Town Municipality Regulations for the Control of Noise (P.N. 891/1974).12. Commencement
This By-law comes into operation on the date of publication.
