Noise Abatement Act, 2008 (No. 2 of 2009)

No. 2 of2009. 1. Short title. 2. Interpretation. 3. Exemptions. Noise Abatement Act, 2009. ARRANGEMENTOFSECDONS PARTI PREUMlNARY Saint Christopher and Nevis. PAKfll NOISE ABATEMENT ZONES AND PERMISSION TO EMIT NOISE 4. Establishment of noise abatement zones. 5. Stepsto be taken prior to making an Order. 6. Written permission to emit noise. 7. Application. 8. Appeals. PARfID COMPLAINTS, I NVESTIGATIONS AND OTHER AREAS 9. Noise outside a noise abatement zone. 10. Complaints. 11. Police duties and investigation. PAKI'IV MISCELLANEOUS 12. Offences and penalties. 13. Fixed penalty. 14. Amendment of Schedule. 15. Regulations. No.2 of 2009. Noise AbatementAct, 2009. I assent, Saint Christopher and Nevis. CUTHBERT M SEBASTIAN 191Jl March, 2009. SAINT CHKlSTOYHl:R AND Nt;VIS No. 2 of 2009 AN ACT to provide for the abatement ofexcessive noise and for related matters. [Published fCJl' March 2009. OfficialGazette No. 130/2009.] BE IT EN ACTED by the Queen's Most Excellent Majesty by and with the advice andconsent of the NationalAssembly ofSaint Christopher and Nevis, and by the authority of the same as follows: Part I Preliminary 1. This Act may be cited as the Noise Abatement Act, 2009. 2 In this Act, "Minister" means the Minister responsible for National Security; "noise abatement zone" means a zone declared to be a noise abatement zone, by the Minister in accordance with section 4. 3. This Act does not apply to any type of noise specined in th.e Schedule. PARTll NOISE ABAll!:M.KNT LONES AND PERMISSION TO EMIT NOISE 4. (1) The Minister may declare any part of Saint Christopher and Nevis to be a noise abatement :mnf"hy Order published in the Official Gazette. Sbort title. Interpretation. Exemptions. Estab11 shrnent Q f noise abatement zones. Steps to be taken prior to milking an Order. Wr;/lcll permission to emit noise. 2 Noise Abatement Act, 2009 - 2. (2) An Order made under subsection (I) shall .'lfler.ity (a) the area to which the Order applies; (b) the durationofthe Order, ifit is not for an indefmite period; (c) the days afthe week to which the Order applies, if other than every day; and (d) the hours of the day to which the Order applies, if other !:hun.lll1 boura, (3) Where a noise abatement zone is declared by theMinister special conditions shall apply to the level ofnoise that can be emitted in that zone. 5. (1) Before making an Order under section 4 theMinister shall publishanotice of'his intention, in accordance with subsection (2), in the Official Gazette and in at least two issues of any newspaper published and circulated in Saint Christopher and Nevis. (2) The Minister shall, in the notice referred to in subsection (1), state (a) that the Minister proposes to make an Order and indicate the general effect of that Order; (b) the place where a copy ofthe proposed Order and of relevant maps, plans and other documents may be inspected by any person free ofcharge during official working hours for a period of Dot less than seven days from the date of the last publication of the notice; (c) that wirnirt a period Of seven days, any person who is likely to be adversely affected by the Order may by notice in writing to the Minister object to the making of the Order. (3) Where an objection is duly made to the Minister, he shall not make the order without first considering the objection. (4) Where the Order varies or revokes a previous Order, the Minister Ulay disregard <my objecuon io the Order which in his opinion amounts, in substance, to an objection which was made to the previous Order. 6. Notwithstanding sections 4 and 9, the Commissioner of Police may grant written permission allowing noise to be emitted in the manner prescribed by Regulations. 3 NoiseAbatementAct, 1009 - 2. 7. An application for permission to emit noise in a noise abatement zone shallbe made to theCommissionerofPolice in themanner prescribed by Regulations. 8. An applicant fOTpermission to emit noise who is aggrieved by the decision of the Comruiaeioncr of Policc llli1y appeal, within seven days of the decision, to a judge in Chambers. PARTm COMPLAINTS, lNVFSI1GATIONSANDOTHERAREAS 9. (1) A person shall not cause or make unreasonable noise that disturbs the peace, quiet and comfort of his neighbours in any area outside ofa noise abatement zone, (2) Notwithstanding the generality of subsection (1), it shall be prima facie evidence ofa violation ofthis subsection where the noise is unreasonable and is (a) plainly audible at a distance of one hundred feet (TOm the source of the noise; or (b) plainly audible in an adjoining apartment orbuilding. (3) The police may regulate the emission ofnoise from any property or place in Saint Christopher and Nevis. 10. A person disturbed by noise emitted from any property Or place may makea written or oral complaint to the police. 11. (1) The police Upon (a) receipt ofa complaint; or (b) becoming aware of noise which is likely to disturb PCI::iOll:;, shall investigate and notify the person. who is directly responsible for the noise, or, if that person cannot be found, the person who occupies the property from which the noise is emitted, that a complaint has been made or that the noise is likely to disturb persons and, if the circumstances so warrant, may direct that person to reduce the noise to such level as seems reasonable to the police officer or issue a notice pursuant to section 13, having regard to all the circumstances, (2) For the purposes of the police investigation, noise emitted in such a manner as to be plainly audible at a distance of one hundred feet from the source of the noise or which is plainly audible in an adjoining apartn1tl'nt or building shall be- considered to hp.nnreasnnable noise which may disturb persons. (3) Notwithstanding subsection (2), the Minister may, after consultation with the Commissioner of Police, prescribe the use of any appropriate device tor the detection of noise. Application. Appeal$. Noise outside a noise abatement WI\e. Complaints. Po Iice duties and investigation. Fixed petlIIlry. " Noise Abatement Act, 2009 ~ 2, PARI'IV MISCULANEOUS 12. (1) A person who (a) fails to comply with a directive from the police to reduce noise; or (b) fails to comply wilh the conditions specified in an QrnPT "'st~blishin8~ noise abatement zone; commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three months or to bothsuch fine and imprisonment. (2) Notwithstanding subsection (1), a person whocommits a second or subsequent offence under this Act is liable on summary conviction to a fine not exceeding ten thousand dollars or to a term of imprisonment not exceeding .<;lx months or to "hoth <:'lI.-h fine artd imprisonment, 13. (1) Notwithstanding subsections 12 (I) and (2), where a person contravenes the provisions of'thrs Act or Regulations made under lui... Al't, 4 pull\a: Uffil..:t:T may issue it nonce offering the person an opportunity through payment ofa fixed penalty to discharge any liability that would arise out of a conviction by a court. (2) No proceedings shall be brought against a person on whom a notice has been issued under this section until after the expiration ofa period ofone monthfrom. the date of the notice. (3) Notwithstanding subsections 12 (I) and (2), where a nonce has been iMlued lind it ;.5 nut paid and the Pt:I.'>Oll issued with tht: notice is convicted of an offence, under this Act or Regulations made under this Act, the fme imposed by the Courtshall (a) be a minimum of one thousand dollars for a first ottence; (b) be a minimum ofone thousand five hundred dollars for a second or sabsequear offence. (4) The: fi;o.tll peualty rcft:rlt:\l w in this section j~ live hundn:d dollars. (5) A notice referred to in this section shall be prepared in triplicate, that is to say, theoriginal which shall be served on the offender. the second copy, which the police officer shaU send to the Clerk of the Magistrate's Court and which shall be deemed to be a complaint laid before a Magistrate and a summons issued by the Magistrate for the purposes of the Magistrate's Code of Procedure Act, Cal>. 46 and the 5 Noise Abatement Act, LUUY - L. third copy retained by the police officer, and such notice must be served personally on the person responsible for the noise or the person in charge of the source of the noise and must (a) contain a statement of the alleged contravention of this Act with particulars sufficient to inform the offender adequately of the allegation; (b) specify the period allowed for payment of the fixed penalty after theexpiration ofwhich proceedings will be brought; (c) specify the amount of the fixed penalty. (6) Where the fixed penalty is not paid within the time s-pl"rifil"rt in the notice, proceedings in respect of the offence specified in the notice shall proceed in the manner prescribed by the Magistrate's Code of Procedure Act, Cap. 46. 14. TheMinister may, by order, amend, vary or alter the Schedule to this Act. 15. (I) The Minister may make Regulations generally for giving effect to the provisions of this Act. (2) Nutwithstandiug lilt; gt;ut;lality of subsection (I), the Minister may make Regulations to prescribe the following (a) the types of tests to be carried out in relation to the measurement of noise and the methods for making such tests; (b) any technical matters, methods of assessment, standards for sound level meters or any other technical equipment. calibration of equipment, methods of use of equipment and persons by whom various assessments or other matters may be carried out; (c) all rnattcrs that are required or permitted by this Act to be prescribed or that may be convenient for the administration of this Act or that may be necessary or expedient to achieve the purposes of this Act. (3) Regulations made under this Act may make a contravention of any provision an offence punishable on summary conviction by (a) a fine not exceeding five thousand dollars or to imprisonment for a tennnot exceeding three months, or to both such fine and imprisonment, for a first offence; or Amendment of Schedute. Regufalions. 6 Noise Abatement Act, 2009- 2. (b) a fine not exceeding ten thousand dollars at to imprisonment for a term not exceeding six months, or to both such flne and imprisonment. for a second or subsequent offence. (Seetion3) Exemptiogs This Act does not apply to noise emitted (a) by a recognised religious organisation; (b) by an educatioual institutiun; (c) in the course of operating a public utility undertaking; (d) by or associated with the operation of aircraft including noise emitted in the course of thp. maintenance, l"pl''1;lir or tMting of aircraft engines; (e) in the course ofusing premises for any purpose of animal husbandry if it is necessary to the attainment of that purpose; (f) for ponce, fire and rescue or ambulance purposes; (g) by a statutory authority in the exercise ofany of its functions; (h) by a garbage truck to inform the members ofthe public that the truck is collecting the garbage in thc area; (i) for the purpose ofcommnnicating withpersons on board a vessel to direct the movement of that or any other vessel; (j) in the case of an emergency pursuant to section 19 of the Saint Christopher and Nevis Constitution Order 1983; (k) by a musical or noisy instrument fixed or located in a vehicle which is being used for the conveyance of a perishable commodity COf' hlJn'mn consumption and the noise is solely to inform the members ofthe public, otherwise than by the means of words, that the perishable commodity is on sale from the vehicle. CURTIS A. MARTIN Speaker Passed by the National Assembly this 3 rd day ofMarch, 2009. JOSE LLOYD Clerk of the National Assembly ~l'IUNTERY S!K1m WI