While Saint Lucia awaits a revised or new noise abatement act in Parliament, one local Attorney says that there is a section of the current Criminal Code that adequately addresses the situation. And, no one is exempt he says, not even politicians, police or preachers.
Ahead of a sitting of Parliament in September, Gros Islet MP Kenson Casimir had promised that the act would be tabled. However, Casimir later informed the media that the Attorney General’s office was having issues arriving at a safe and acceptable noise level.
However, one city lawyer who spoke anonymously to St. Lucia Times asserts that section 550-551 of the revised laws of Saint Lucia 2021 can be applied to the problem of noise pollution.
Under section 550, the act states as follows;
(1) A person who, without reasonable excuse, proof of which lies on him or her—
(a) in any public place;
(b) in or in connection with any business, or other place to which the public is admitted;
(c) in any premises; or
(d) in any vehicle,
by operating or allowing to be operated any musical instrument, speaker or amplifier causes, or allows to be made any loud and continuous sound or noise, is liable on summary conviction to a fine of $1,000 or to imprisonment for 6 months.
It further states;
(2) A person who, without reasonable excuse, proof of which lies on him or her by setting off or causing to be set off any alarm, or other similar device, makes or causes to be made any loud and continuous noise to the annoyance of the person living in or within the neighbourhood commits an offence and is liable on summary conviction to a fine of $1,000.
Additionally the law goes on to say;
(4) For purposes of subsections (1) and (2), it shall be lawful for a police officer to enter into such place or vehicle and to seize and carry away any musical instruments, appliances or equipment or alarm or other similar device and these shall be forfeited
The law also requires that anyone desirous of operating a loudspeaker in any street or at any public or political meeting must obtain a permit.
According to the attorney we spoke with, despite the law, the situation has gotten ‘out of hand’ with many of the “noise makers” acting with impunity.
He shared with us a recent personal experience, where a motor vehicle in the city was blaring loud music while advertising for a popular city store.
“This vehicle was parked right outside my office and the music was so loud and persistent that I had to cancel two of my meetings via zoom,” the attorney said.
“In exasperation I printed and took to a police officer on patrol in the area, the section of the criminal code which empowered them to act, stop the noise and seize the equipment and even prosecute the offender. However, I was told to go to central police station to make a complaint,” the attorney told St Lucia Times.
“Sadly this problem is being perpetuated by some businesses who use sound systems to advertise, sometimes in the middle of the day,” the attorney says.
The attorney believes that part of the problem is that the police are not knowledgeable about the law or are not provided with the proper training to act.
He informed us that just last week he had to draw to the attention of the City Police that a preacher in Constitution Park with a loudspeaker was in fact breaking the law.
St. Lucia Times has since spoken to the City police who informed us that the preacher was spoken to and has since ceased the practice, pending the application and approval of a permit to operate a loudspeaker.
While there is no word as to when the new noise pollution Act will be brought to the table for discussion, our legal source asserts that what exists can be applied and what is necessary is the will to act on the part of the authorities.
Ooooh so now itvaffects you personally you speak out. Who deemed the laws against noise pollution inadequate? Who defended the offenders? The better argument now is that murders are ouf of control
The attorney is swimming against the tide. Too many in society have the intelligence of guppies, they can’t communicate meaningfully, hence they resort to noise. Noisemaking forms a barrier to effective communication. Noisemakers try to impose their output upon people within their vicinity while blocking input.
There is second type of noisemaker. They know better, but they resort to primitive behavior because there are no sanctions or accountability. They appear refined, but scratch the surface, and it will reveal the real self.
“De authorities” are guilty of their own noise. Obfuscation and the run around are both part of the noise game. “De authorities” don’t have the stomach to enforce the required measures to halt noise pollution.
The laws are present, lack of enforcement is the problem. Noise pollution is a serious issue. There is absolutely no need to play ‘music’ at business establishments at ear-splitting levels. As to how much is too loud, or how to measure how loud something is, no instrument is required, the human ear is good enough, as long as it is being heard outside of a vehicle or establishment or some venue, then it is too loud. If music is intended for the patrons of a particular event or activity, it should not affect others half a mile away.
There was a time when the Police went about uninstalling and seizing equipment from M/ Vehicles blaring the noise from the contrapments installed on their machines in accordance with Subsection (4) of the Criminal Code which reads ‘For purposes of subsections (1) and (2), it shall be lawful for a police officer to enter into such place or vehicle and to seize and carry away any musical instruments, appliances or equipment or alarm or other similar device and these shall be forfeited’ It was a lawyer who challenged the Police on this and he took to the media doing this and now a lawyer is complaining? We will have to decide what we want. What you hear isn’t even music but devilish noise which disturbs the mind and we wonder why our young people are mentally deranged. The Politiciams are still not even sure what to do. The people, victims continue to suffer.