GABORONE CITY COUNCIL (NOISE AND NUISANCE CONTROL) BYE-LAWS

(sections 44 and 45)

(18th September, 2020)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

    1.    Citation

    2.    Interpretation

    3.    Nuisance prohibited

    4.    Restriction on operating sound systems

    5.    Restriction on certain loud noise, disturbances and other activities

    6.    Application for noise licence

    7.    Issue of licence

    8.    Suspension or revocation of licence

    9.    Odour and smoke control

    10.    Abatement notice

    11.    Power to confiscate

    12.    Appeals

    13.    Offences and penalties

        SCHEDULE 1

        SCHEDULE 2

S.I. 120, 2020.

1.    Citation

    These Bye-laws may be cited as the Gaborone City Council (Noise and Nuisance Control) Bye-Laws.

2.    Interpretation

    In these Bye-laws, unless the context otherwise requires—

    "abatement notice" means a written communication to a violator requiring the stoppage of noise or nuisance with immediate effect or placing restrictions on when and how long an activity can occur or place other restrictions as necessary;

    "Council" means the Gaborone City Council;

    "designated area" means an area designated by the Council as an area where the issue of a noise licence is likely to cause disturbance or nuisance to the premises in the neighbourhood;

    "musical instrument" includes a wireless, loudspeaker, record player, amplifier or any similar device;

    "noise license" means the written permission issued by the Council, with or without conditions;

    "nuisance" means any disturbance that materially interferes with another person’s enjoyment of his or her own home or habitation and it may be experienced by one person or group of persons in a neighbourhood; and

    "sound level (decibel) meters" means meters that measure sound levels work by calculating the pressure of the sound waves travelling through the air from a source noise.

3.    Nuisance prohibited

    (1) A person shall not make, cause or allow to be made any disturbance which causes interference and annoyance in the enjoyment of another’s premises or neighbourhood.

    (2) In determining whether an activity causes nuisance, the following factors may be considered—

    (a)    the time of day;

    (b)    duration;

    (c)    location;

    (d)    frequency;

    (e)    loudness;

    (f)    type of noise or disturbance; and

    (g)    sound levels as per sound level (decibel) meters set out in Schedule 2.

    (3) The following activities may constitute a nuisance—

    (a)    noise;

    (b)    odour;

    (c)    smoke from bonfires; or

    (d)    any other activity which may be deemed by the Council to be falling within sub-bye-law (1).

4.    Restriction on operating sound systems

    (1) A person shall not—

    (a)    operate, cause or permit to be operated any musical instrument to the annoyance of the inhabitants of any premises in the neighbourhood;

    (b)    cause or permit the making of any noise in a parking lot, open space, public or private property; or

    (c)    operate, cause or permit to be operated any musical instrument for the purpose of advertising on or adjacent street,

without the written permission of the Council or any authority delegated to do so by the Council for that purpose.

    (2) Any person who contravenes the provisions of this bye-law commits an offence.

5.    Restriction on certain loud noise, disturbances and other activities

    (1) A person shall not—

    (a)    operate or cause or allow the continuous hooting of vehicle horn, or use of a siren from the person’s vehicle or his or her visitor’s vehicle parked next to their premises to the annoyance of other occupants adjacent thereto or nearby;

    (b)    after being requested to stop the noise by a law enforcement officer by a way of an abatement notice, or by a police officer or by an inhabitant of the neighbourhood so annoyed or whose rest, peace or tranquillity has been disturbed or interfered with, continue to make any loud or unseemly noise or disturbance by—

        (i)    shouting, screaming or yelling, or

        (ii)    blowing upon a horn, or other instrument or beating upon any drum,

so as to annoy or disturb or interfere with the rest, peace and tranquillity of the inhabitants of the neighbourhood;

    (c)    in a street or other public place—

        (i)    continue to ring any bell, sound any horn, blow any whistle, use any noisy instrument or shout, or play loud music or loud speaker in his or her motor vehicle, or

        (ii)    continue to hawk, sell or distribute any article or thing,

to the disturbance or inconvenience of any person using the street or other public place after having been requested to desist by a law enforcement officer by way of abatement notice, or by a police officer or by the person so annoyed, disturbed or inconvenienced; or

    (d)    for the purpose of carrying on any business, trade or industry involving the use of machinery which by the noise created by the machine constitutes a nuisance or disturb the comfort, peace or tranquillity of the inhabitants or a section of the inhabitants, between the hours of 6 p.m. and 8 a.m., or on a Sunday or on any public holiday.

    (2) Any person who contravenes the provision of this bye-law commits an offence.

6.    Application for noise licence

    (1) A person may make an application to the Council, seeking authorisation to carry out activities under bye-laws 3, 4 and 5.

    (2) The Council may, where it considers expedient, necessary and not against public interest, issue the applicant with a noise licence.

    (3) An application under sub-bye-law (1) shall be made in Form A set out in Schedule 1 and be accompanied by a non-refundable application fee of P100 for residential or in case of a body corporate, to a non-refundable fee of P500.

    (4) The Council may, upon receipt of an application under sub-bye-law (1)—

    (a)    issue a noise licence on such conditions as may be provided in the noise licence; or

    (b)    reject an application.

    (5) The Council may reject an application where it is satisfied that—

    (a)    the applicant has been convicted of an offence under these Bye-laws;

    (b)    the issue of a noise licence is likely to cause nuisance; or

    (c)    the information provided in the application form is insufficient.

    (6) A noise licence shall not be issued to a person who intends to make or cause the making of noise in an undesignated area.

    (7) A person who violates the conditions of a noise licence shall not be eligible for issuance of a subsequent noise licence within 72 hours.

7.    Issue of licence

    (1) The Council shall, upon approval of an application made under bye-law 6, issue a noise licence in a Form B set out in Schedule 1.

    (2) The hours of operation of a noise licence issued under sub-bye-law (1) shall be stated in the noise licence.

    (3) The council may upon application by the licence holder extend hours of operation for a noise licence issued under sub-bye-law (1) for a maximum of two hours.