Haiti - Cap-Haitien : The municipality goes to war against noise (Order) - HaitiLibre.com : Haiti news 7/7





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Haiti - Cap-Haitien : The municipality goes to war against noise (Order)
29/03/2024 10:14:07

Haiti - Cap-Haitien : The municipality goes to war against noise (Order)
As part of the Municipal Commission's ongoing commitment to improving the urban environment, the Town Hall of Cap-Haitien has published an order on noise pollution aimed at promoting the well-being and harmonious development of the municipality.

This decree aims to regulate and reduce noise pollution in the municipality, in order to preserve public peace and the health of our residents. It establishes strict standards for noise levels and defines measures to limit activities generating excessive noise. The municipality is determined to ensure a pleasant sound environment conducive to the well-being of all.

Municipal decree on noise pollution :

Article 1: By noise pollution, we mean attacks on public peace such as brawls and disputes accompanied by crowds in the streets, the tumult excited in places of public assembly, noise, neighborhood disturbances, gatherings nighttime disturbances disrupting the rest of residents, as well as any activity compromising public tranquility.

Article 2: The Town Hall prohibits all noise:
- Linked to the behavior of people, property in their care or animals placed under their responsibility;
- Coming from professional and cultural activities (religious, sporting or leisure) organized in the usual way;
- Coming from construction sites.

Article 3: Behavioral noise means casual or aggressive noises emitted by hi-fi systems, household appliances, gardening or DIY work, firecrackers and fireworks, barking, screams of animals, sound and music broadcasting devices, DIY and gardening tools, noisy games played in unsuitable places, the use of premises with poor sound insulation, occasional activities, family meetings, as well as that any offensive or nocturnal noise disrupting the tranquility of others or repair work, and noise emitted by certain fixed equipment such as fans, air conditioners, heat pumps and family swimming pool equipment, as well as audible noise from one apartment to another and the noise emitted by vehicles (their engines and horns or music exceeding the admissible intensity), etc...

Article 4: The Town Hall considers the following thresholds as acceptable sound intensity, depending on the time slots:

From 6:00 a.m. to 6:00 p.m.: 40 dB maximum;
From 6:00 p.m. to 10:00 p.m.: 30 dB maximum.
Above 40 dB, authorization from the Town Hall is required.

Article 5: Any person or institution wishing to organize an activity in violation of the above-mentioned provisions (unless an admissible exemption) must make a request to the Town Hall for feasibility analysis (location, duration and intensity of noise).

Article 6: The Town Hall must promptly process (within 1 to 3 working days) any request concerning article 4.

Article 7: Any person occupying a building, whether as a tenant or owner, must use it peacefully. After formal notice, the tenant risks termination of the lease in the event of a repeat offense, while the owner may see his name included on the municipality's list of delinquents, in addition to the penalties provided for in article 398 of the Penal Code.

Article 8: Any person who is a victim of noise pollution can file a complaint with the Town Hall, the police or the competent court, based on criteria such as the duration, repetition or intensity of the noise.

Article 9: Noise pollution is punishable by a 3rd class fine. Persons found guilty also face confiscation of property used or intended to commit the offense, as well as any person complicit.

Article 10: This decree will be published by the Municipal Council of Cap-Haitien and executed by the Town Hall, the police and the prosecutor's office of the jurisdiction, each in their respective responsibilities.

Article 11: Any violation of these provisions will result in sanctions against the offenders.

Article 12: Any sound advertising vehicle must obtain a circulation and emission permit issued by the Town Hall of Cap-Haitien from the date of publication of this decree. In the event of non-compliance, the vehicle may be confiscated by the police and the offender will pay a fine of 25,000 gourdes to the Town Hall.

Note that while the initiative is very laudable, the noise thresholds set in the decree seem to us to be too restrictive but above all unrealistic in relation to the level of normal noise that we encounter in daily life. The acoustic nuisance threshold starts at 60 dB. The decree rates will undoubtedly need to be revised. For example during the day the city prohibits exceeding 40 dB, for comparison it is the ambient noise level of a calm office A normal conversion already reaches a level of 60 dB, a crying baby exceeds 60dB, a barking dog can exceed 100 dB.



HL/ S/ HaitiLibre

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