‘Neighbour not playing ball’: Noise nuisance explained
Cape Town - A father and son’s morning soccer bonding session has gotten one resident in a state of agitation over disturbance of the peace.
Peter Moolenschot took to Facebook to express his annoyance at his neighbour, who he said like clockwork practices football with his son at 5am, waking him and his family.
“Our neighbour regularly has soccer practice with his son on his lawn at 05:00 onwards. The kicking thumping noises and the chattering of the coach wakes us up. Our bedroom is adjacent to their playing area,” he said.
He said they reported the matter to law enforcement and got an email that the incident was closed.
“Yet the practice continues. It happened again today. We would like the owner of the property to be charged with disturbing the peace, but everything we have tried so far has not worked. And we get no feedback from the council system as to what action has been taken. Very disappointed. How’s this for poor service.”
While Moolenschot did not respond to requests for comment, other residents weighed in with varying views on the matter, with most in disbelief that he was displeased with a father-son bonding moment. Some said it was unnecessary to formally complain, as it was not harmful.
Others did, however, support him and said that it was a violation of his rights and should be addressed, and better yet, followed by a legal action if initial engagements failed.
He was not the only one with issues pertaining to noisy neighbours. Shanaaz April in Ruyterwacht lives near a property with a lot of disturbing movements.
"It's a drug house, people are a problem at that house, too noisy, and lots of movements. They stole a trolley of bricks and went to sell it just for drugs money, nothing else. She said attempts to get authorities to intervene were unfruitful and a petition was once drawn to have them evicted.
"They have a pending court eviction, but nothing happens," she said.
Mayco member for Community Services and Health, Patricia van der Ross said the City deals with noise via the Provincial Noise Control Regulations, as well as the streets and public nuisances by-law.
"The nuisance noise in the regulation applies to all types of noise where a sound impairs or may impair the convenience or peace of a reasonable person. Daily noise complaints are very common, both to the City’s Law Enforcement Department, as well as to Environmental Health.
"A lot relies on the public, and due consideration for others. Residents can do their bit to mitigate noise in their neighbourhoods," she said.
Van der Ross said although citizens are protected and one can be fined, she advised that the first port of call would be a conversation with the neighbour.
"To try and resolve the matter in an amicable fashion. The City can only act if the conditions on a particular property are having an impact other than aesthetics and there is a health risk like vectors such as rats, mice or other pests, or the property is a risk to public safety," she explained.
Law enforcement Wayne Dyason further explained that the by-law relating to streets, public place and prevention of noise nuisances is administered by the Law Enforcement Department, who are available after hours to respond to calls. He said the provincial regulations, however, being of a technical nature, are administered by professional Noise Control staff who need to measure noise by prior appointment.
"Thus, if a compliant is logged after hours, it is assigned to Law Enforcement personnel. Law Enforcement will respond and deal with the noise unless it is of a technical nature, where it may then be passed on to the City Health Noise Control Officer for investigation and measurement under the Regulation.
"Unfortunately, due to the many demands on the City’s services, it is not always possible to respond immediately to noise complaints, particularly given the volume of complaints received.
“In some instances, by the time a response is possible, the noise source has ceased. It is a difficult thing to police or enforce, and the City appeals to residents to please be mindful of those around them, and how their activities impact on their neighbours or community," he said.