Sample Noise Ordinance In The Philippines ca2a

Republic of the Philippines Province of Batangas Municipality of Mataasnakahoy

NOISE REGULATION ORDINANCE OF MATAASNAKAHOY-BATANGAS [City Ordinance No. 11247810] Explanatory Note Noise pollution is an environmental hazard that is often ignored. Yet, its effects on people’s health are so staggering and alarming that immediate action must be undertaken to mitigate, if not eradicate, the same. Unfortunately, laws that address noise pollution in the Philippines are only at its early stages of inception and evolution. Either because it is not that so considered as a problem at all or people simply do not care, what with other perceived-to-be far more crucial environmental problems they have to deal with. Nothing has truly been undertaken to prevent people and industries from creating too much noise, as to what is one that is loud, excessive and unnecessary. The purpose of this ordinance is to regulate noise and even provide for appropriate penalties in order to make the people realize that while they have the right to pursue any activity they so want and desire, they should be responsible for seeing to it that they will stop the moment they are to disturb, annoy and deleteriously affect the health and welfare of other people. As it is the declared policy of the State to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature, immediate enactment of this measure is earnestly sought.

AN ORDINANCE REGULATING NOISE AND ITS SOURCES AND PROVIDING PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES OF MATAASNA-KAHOY - BATANGAS ARTICLE 1. GENERAL PROVISIONS SECTION 1. Short Title. - This Ordinance shall be known as the “Noise Ordinance of Mataasnakahoy-Batangas.” SECTION 2. Declaration of Policies. (a) It is the declared policy of the State to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. (b) The State shall pursue a policy of balancing development and environment protection. (c) The State shall promote an environment for all Filipinos free from unnecessary, excessive and annoying noises that jeopardize their health and welfare. SECTION 3. Declaration of Purpose and Intent. - The municipal government hereby enacts the ordinance to protect, preserve, and promote the health, safety, welfare, peace, and prosperity of the citizens of the place through the reduction, control, and prevention of unreasonable noise, or any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivity. The purpose of this ordinance is to regulate noise and even provide for appropriate penalties in order to make people realize that while they have the right to pursue any activity they want and desire, they should be responsible for seeing to it that they will stop the moment the same disturb, annoy, and deleteriously affect the health and welfare of the people. SECTION 4. Negative Effects. - The following are the effects of loud and raucous noise: (a) Loud and raucous noise degrades the environment of the municipality to a degree that: A. It may be harmful to the health, welfare, and safety of its inhabitants and visitors; B. It may interfere with the comfortable enjoyment of life and property reasonably expected in an urban environment; C. It may cause or aggravate health problems.

(b) Both the effective control and the elimination of loud or unreasonable noise are essential to the health and welfare of the citizens and visitors of the municipality as well as to the conduct of the normal pursuits of life, including recreation, work and communication. (c) The use of sound amplification equipment creates loud and raucous noise that may, in a particular manner and at a particular time and place, substantially and unreasonably invade the privacy, peace, and freedom of the citizens of and visitors to the area. (d) Certain short-term easing of noise restrictions is essential to allow the construction and maintenance of structures, infrastructure, and other elements necessary for the physical and commercial vitality of the area. SECTION 5. Scope. - This ordinance applies to the control of all sounds originating within the jurisdictional limits of the municipality. Ignorance of the law excuses no one from compliance therewith. SECTION 6. Definition Of . – For purposes of this Ordinance, the following words, and phrases, used in this article, shall have the meaning ascribed to them in this section, except when the context clearly indicates a different meaning. The following are hereby defined as: a) “Ambient Noise” – is the composite of noise from all sources near and far and in a given environment, exclusive or occasional and transient intrusive noise sources and of the particular noise source or sources to be measured. b) “Commercial Purpose” – is the use, operation, or maintenance of any sound amplifying equipment for the purpose of advertising any business, goods, or services, or for the purpose of attracting the attention of the public to, advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating such sound equipment. c) “Decibel” (dB)” - is unit of level which denotes the ratio between two (2) quantities which are proportional to power; the number of decibels corresponding to the ration of two (2) amounts of power is ten (10) of this ratio. d) “Emergency" - means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage, which demands immediate attention. e) "Emergency work" - means any work:

A. Performed for the purpose of preventing or alleviating physical trauma or property damage; B. Restoring property to a safe condition following a public calamity; C. By private or public utilities when restoring utility service; or D. Performed to protect persons or property from exposure to danger or potential danger. f) “Health" - means an optimal state of physical, mental and emotional well being and not merely the absence of disease. g) “Impulsive Sound” - is sound of short duration, usually less than one second with an abrupt onset and rapid decay. By way of example “impulsive sound shall include, but shall not be limited to, explosions, musical base drum beat, or the discharge of firearms. h) “Motor Vehicle” - includes, but shall not be limited to, automobiles, through motorcycles, minibikes, and go-carts. i) “Noise” - means unwanted sound", and an audible acoustic energy that adversely affects the physiological and/or psychological well being of people, or which disturbs or impairs the convenience or peace of any person. j) “Non-Commercial Purpose” – is the use, operation, or maintenance of a sound equipment for other than a “commercial purpose”. ‘Non-commercial purpose” shall mean and include, but shall not be limited to philanthropic, political, patriotic, and charitable purposes. k) “Octave Band Noise Analyzer” – is an instrument for measurement of sound levels in octave frequency bands, which satisfies the pertinent requirements for Class II octave band analyzers of the American National Standard Specifications for Octave, Half-Octave Band Filters, or the most recent revision thereof. l) “Permit” - means an official document giving someone authorization. m) “Person” – is a person, firm association, co-partnership, t venture corporation, or any entity, private or public in nature including but not limited to federal, state or city government. n) "Public Right-of-Way" - means any street, avenue, boulevard, highway, sidewalk, alley, or similar place that is normally accessible to the public, which is owned or controlled by a government entity.

o) "Public Space" - means any real property or structure on real property, owned by the government and normally accessible to the public, including but not limited to parks and other recreational areas. For the purposes of this article, public space will also include any property, whether publicly or privately owned, used by of the general public as a method of ingress, egress or for parking. p) “Sound Amplifying Equipment” - is any machine or device for amplification of the human voice, music, or any other sound, but shall include: A. Automobile radios, stereo players or television receivers used in and heard only by the occupants of the vehicle in which the same is installed. B. Radio, stereo players, phonographs or television receivers used in a house or apartment within any residential zone or within 500 feet thereof. C. Warning devices on emergency vehicles. D. Horns or other warning devices authorized by the law on any vehicle when used for traffic purposes. q) “Sound Level” – (Noise Level) in decibels (dB) is the sound measured with an “A” weighing and slow responses by a sound level meter; except an impulsive or rapidly varying sounds, the fast response shall be used. r) “Sound Level Meter” - is an instrument including a microphone, an amplifier, an output meter, and “A” frequency-weighing network for the measurement of sound levels in decibels. s) “Sound Truck” – is any motor vehicle, or any other vehicle regardless of automotive power, whether in motion or stationary, which carries or is equipped with or which has mounted thereon, or attached thereto, any sound amplifying equipment. SECTION 6. Sound Level Measurement Procedure and Criteria. – (a) Any sound level measurement made pursuant to the provisions of this chapter shall be measured with a sound level meter using the “A” weighing and response as indicated in Article I, Section 3(k). Except when impractical, the microphone shall be located four to five feet above the ground and ten feet or more from the nearest reflective surface. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized. Interior sound level measurements shall be made at a point at least four feet from the wall, ceiling, or floor nearest the noise source. Calibration of the sound level meter, utilizing an acoustic calibrator shall be performed immediately prior to recording any sound level data. The ambient noise level and the level of a particular noise being measured shall be the numerical average of noise measurements taken at a given location during a given period of time.

(b) Where the sound alleged to be offending is of a type or character set forth below the following values shall be added to the sound level measurement of the offending noise: 1. Except for noise emanating from any electrical transformer or gas metering and pressure control equipment existing and installed prior to the date of effectivity of the ordinance enacting this chapter, any steady tone with audible fundamental frequency or over tones have 200Hz….+5. 2. Repeated impulsive noise….+5. 3. Noise occurring more than 5 but less than 15 minutes in any period of 60 consecutive minutes between the hours of 7:00 A.M. and 10:00 P.M. of any day….-5. (c) For those cases where an objectionable noise is clearly audible but when the level of ambient noise does not permit direct quantitative sound levels “A” measurements of the objectionable noise, sound measurements may be performed utilizing an octave band sound analyzer to determine sound level “A” limits as indicated in Table I below. This is used to convert the sound pressure level meter readings in dB for each band to SPL in dB (A) for each band. TABLE I OCTAVE BAND NOISE VALUES CORRSPONDING TO SOUND LEVEL “A” VALUES Octave Band Sound Pressure Level, dB re .0002 dyne/cm. Sound Level “A” 35 40 45 50 55 60 65 70 75

Octave Band Center Frequency in Hz 31.5 58 61 64 67 70 73 76 79 84

63 50 54 58 61 64 68 72 76 81

125 42 46 51 55 60 64 68 73 78

250 35 40 45 50 55 60 65 70 75

500 32 37 42 47 52 57 62 67 72

1000 29 34 39 44 49 54 59 64 69

2000 26 31 36 41 46 51 56 61 66

4000 23 28 33 38 43 48 53 58 63

8000 20 25 30 35 40 45 50 55 60

SECTION 7. Minimum Ambient Noise Level. – Where the ambient noise is less than the presumed ambient noise designated in this section, the presumed ambient noise level in this section shall be deemed to be the minimum ambient noise level.

SECTION 8. Noice Control Officers. - The Noise Control Officers (NCO’s) shall enforce the provisions of this ordinance. A person shall be qualified to be a noise control officer if the person meets the criteria set forth by the Local Government. Noise control officers shall have the power to: (a) Coordinate the noise control activities in the Municipality of Mataasnakahoy and cooperate with all other public bodies and agencies to the extent practicable; (b) Review the actions of Municipality of Mataasnakahoy and advise of the effect, if any, of such actions on noise control; (c) Review public and private projects, subject to mandatory review or approval by other departments or boards, for compliance with this ordinance; (d) Investigate and pursue possible violations of this ordinance for sound levels, which equal or exceed the sound levels set forth in Table I when measured at a receiving property located within the designated jurisdiction of the noise control officer, in accordance with this Section and; (e) Cooperate with noise control officers of adjacent barangays in enforcing the municipal noise ordinance. The sound measurements made by a noise control officer shall conform to the procedures set forth by this ordinance. ARTICLE 2. REGUALTION OF NOISE AND NOISE SOURCES SECTION 1. Violation Standards. - The standards, which shall be considered in determining whether a violation exists, include what are indicated in this ordinance, but are not limited upon the discretion of the Municipal Board. SECTION 2. Loud, Unnecessary and Unusual Noise. – It shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud unnecessary, and unusual noise, which disturbs the peace, or quit of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area. This standard that may be considered in determining whether a violation exists under the provisions of this section may include, but may not be limited to, the following: a. b. c. d. e. f. g.

The volume of the noise The intensity of the noise Whether the nature of the noise is usual or unusual Whether the origin of the noise is natural or unnatural The proximity of the noise to residential sleeping facilities The nature and zoning of the area within which the noise emanates. The density of inhabitation of the area within which the noise emanates.

h. The time of the day or night the noise occurs. i. The duration of the noise j. Whether the noise is recurrent, intermittent, or constant. Any noise created for the entertainment, enjoyment or benefit of the creator or their guests shall be presumed to be excessive, loud and disturbing if any of the following apply: (a) The noise is clearly audible for a distance of 50 feet or more from the property line from which the noise emanates, or (b) The noise is clearly audible by a enger of a motor vehicle, other than a vehicle from which the noise may come, on a public street or thoroughfare with the doors and windows of the vehicle closed; or (c) The noise occurs between the hours of 9:00 P.M. and 7:00 A.M. and can be heard more than thirty (30) feet beyond the property line from which the noise emanates; or (d) In the event noise measuring devices or equipment are available, or become available, to measure the noise as against the ambient background noise, and the noise exceeds the ambient background noise by 15 decibels at any time between 9:00 P.M. and 7:00 A.M. or the noise is 25 decibels louder than the ambient background noise at any hour without regard to cause. Measurements of noise and ambient background noise shall be made at the property line unless other persons using the same property are complaining about the noise in which case the measurement shall be from the source of the noise. The use of measuring devices may be used as a supplement to other evidence or as evidence of a violation but is not required for the establishment of a violation. This section is not intended to be exclusive of any other section or provision of this chapter and use of a measuring device or equipment, when used, may be supplemental and does not preclude establishing a violation of other sections or through other evidence. SECTION 2. Sources of Noise. - The following sounds are prohibited and unlawful if the volume produced is in such a manner as to disturb the peace, quiet, and comfort of any neighborhood or any reasonable person residing in such area or with louder volume than is necessary for convenient hearing of the persons who are in the place in which such device or sound is operated or produced: (a) Sound Amplifying Equipment Operating, playing or permitting the operation or playing of any radio, CD player, television sets, amplified musical instrument, drums, loudspeaker, videoke or karaoke system, or any other sound-producing system.

It shall be unlawful for any person to use any sound amplifying equipment within the jurisdictional limits from 9:00 p.m. to 7:00 a.m. everyday. Provided however, that a temporary permit, may be applied for, for public events or specific activities such as, but not limited to, concerts, speeches, athletic events, parades, or lectures held in the barangay. (b) Animals Owning, keeping, having in possession or harboring any animals that produce frequent or habitual howling, barking, meowing, squawking, or any other noise is always prohibited. It shall be unlawful for any person owning, keeping, or having in possession of the animals to take responsibility of preventing or removing the frequent or habitual noise it produce. (c) Noisy Party or Gathering No person will congregate at, or participate in any party or gathering of two or more people, from whom noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of another person from 9:00 p.m. to 7:00 am everyday. Noise of such volume as to be clearly audible at a distance of 50 feet from the structure or building in which the party or gathering is occurring in the adjacent hallway or apartment will be prima facie evidence of a violation of this section. (d) Religious Gathering Any masses, celebration, events, gathering, or ceremony of any religion or sect held within its respective churches or a resident’s house, or any place located within the barangay shall not make unreasonable sounds considering the time of the day and date of the year. (e) Motor Driven Vehicles All motor vehicle operated within the limits of the barangay shall be subject to the noise standard and decibel levels set forth by this ordinance. It shall be unlawful for any person to unreasonably operate any motor driven vehicle upon any property or unreasonably accelerate the engine of any vehicle, or unreasonably sound, blow or operate the horn or other warning device of such vehicle. (f) Loudspeakers, Amplifiers, Public Address Systems Except when authorized, the use or operation of any loudspeaker, amplifier, public address system or any similar instrument or equipment whose purpose is to amplify or make sound louder in a fixed or movable position or mounted upon any sound truck for the purpose of giving instructions, directions, talks,

addresses, lectures, or transmitting music to any person or assemblages, in or on any public right-of-way within city areas. (g) Loud or Unusual Noises Making or causing to be made any excessive or unusually loud noise or any noise, which is so harsh, prolonged, unnatural, or unusual in time and place (h) Construction Projects Noise Operating equipment or performing any construction or repair work on buildings, structures, streets, highways, bridges or other public rights-of-way or operating any pile driver, steam shovel, pneumatic hammer, derrick, steam electric hoist, generator, pump or other construction-type device which may constitute an absolute noise levels during the construction activities and the duration of the construction. SECTION 3. Exceptions. - Subject to previous sections, the following activities will be authorized as follows: A. Non-Emergency Signaling Devices Except as authorized in subsection A.3 of this section, the sounding or permitting of any sounding of amplified signals from any bell, chime, siren, whistle or similar device intended primarily for non-emergency purposes, including but not limited to back-up beepers, will be authorized at any time between 10:00 am to 11:00am, 4:00 pm to 5:00 and 7:00 pm to 8:00 pm. B. Noisy Party or Gathering Activities that are duly authorized sponsored or permitted by the barangay, so long as the activity is conducted pursuant to the conditions of permit or contract authorizing such activity or persons who have gone to a party for the sole purpose of abating the violation. C. Religious Gathering The church bells and chimes are exempted provided that they are unamplified bells. D. Outdoor Events Any outdoors gathering, public dances, shows sporting events, and other similar outdoors event will be authorized provided the parties obtain any permits required. Should the event not require a permit, the gathering will be authorized between 4:00 pm to 7:00 pm. E. Outdoor Activities Activities conducted on public playgrounds and public or private school grounds, which are conducted in accordance with the manner in which such spaces are generally used, including but not limited to the use of a municipal-owned park,

swimming pool, skate park, ball fields, school athletic or school entertainment events. F. Public Work Noise created in the performance of any work in the public right-of-way or on public space as defined herein which is reasonably necessary for the public benefit, welfare, convenience or safety, including but not limited to the maintenance of streets, parking lots, water and wastewater lines but excluding solid waste activities. G. Construction Projects Operating equipment or performing any construction or repair work as defined in section 5 will be authorized between 7:00 am to 5:00 pm. The director of public service may authorize temporary relief from this section upon application and a showing of extraordinary need for the use of this equipment beyond or outside these hours. Such authorization will clearly set forth the dates and hours of the authorized use as well as any special conditions needed to mitigate potential negative noise impacts. SECTION 4. Emergency Exceptions. - Any of the acts defined, which are performed for emergency work for the safety, welfare, and public health of the citizens of the municipality, are exempted from the provisions of this article. ARTICLE 3. PENALTIES Violation of any provision of this ordinance shall be cause for an enforcement document to be issued to the violator by the noise control officer according to procedures set forth by Local Government. The recipient of an enforcement document shall be entitled to a hearing in municipal court having jurisdiction to contest such action. Violations of any provision of this ordinance can result in a warning, a fine or even misdemeanor charges of disorderly conduct. Every person who occupies or controls the property on or in which the noise occurs may be subject to a fine of P1, 000.00 for a first violation, P 2,000.00 for a second violation in a twelve month period, and P5, 000.00 for a third or subsequent violation within a 12-month period, and in addition to any of those you may be subject to a warning for disorderly conduct. If the noise violation does not cease, the occupants may be subject to arrest. In case any violation of this ordinance is committed by a partnership, corporation, association or any juridical person, the partner, president , director or manager who consents to or knowingly tolerates such violation shall be held liable as a coprincipal. No provision of this ordinance shall be construed to impair any legal remedy therefrom, of any person for injury or damage arising from any violation of this ordinance or from other law.

ARTICLE 4. APPROPRIATION The amount necessary to carry out the provisions of this ordinance is hereby authorized to be appropriated in the General Appropriations under the Local Government of the year following its enactment into law and thereafter. ARTICLE 5. FINAL PROVISIONS SECTION 1. Separability Clause. – If any of the sections or provisions of this ordinance is held invalid, all the other provisions not affected thereby shall remain in force and effect. SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of instruction, istrative order rule or regulation contrary to or inconsistent with the provision of this ordinance is hereby repealed, modified or amended accordingly. SECTION 3. Effectivity. - This Ordinance shall take effect after 15 days upon the completion of its publication in at least two newspapers of general circulation in the Philippines. Approved Enacted on December 3, 2013.

Authors:

(SGD) Ralph Jarvis Alindogan (SGD) Charm Krizia Medina (SGD) Hannah Alyssa Bacolod (SGD) Wendell Leigh Oasan (SGD) Ida Katherine Chua (SGD) Jerraemie Nikka Patulot (SGD) Geraldine del Mundo

CERTIFICATION CLAUSE I hereby certify to the correctness of the quoted ordinance.

(SGD) __________________ Secretary to the Sangguniang Panlungsod

Certified Correct: (SGD) ____________________ Vice-Mayor

Approved: (SGD) ____________________ Mayor

(SGD) Benigno Simeon Acquino III President of the Philippines