NOISY NEIGHBOURS could face on-the-spot fines and other penalties of up to €5,000 under new proposals from Minister for Environment John Gormley.
Gardaí may also be given new powers to deal with noise polluters, particularly in late-night situations, under the proposals on noise issues from the Minister.
Mr Gormley said he would also like to see gardaí given the power to enter premises to disable alarms ringing for a sustained period, but admitted the proposal may raise constitutional issues.
The Minister yesterday published a consultation paper on nuisance noise, saying he wanted to raise the profile of the issue.
He said that while improved technologies and stricter EU standards had led to lower noise emissions from vehicles, machinery, trains and aircraft, there were still problems with traffic levels, anti-social behaviour and recreational activity.
While acknowledging that noise nuisance was very subjective, he said he wanted to ensure that effective and speedy solutions were available to deal with those causing the problem: "We need to address the sources of noise in a systematic way, influence behaviour, be resource efficient and have 'teeth' where required."
The paper says penalties for noise pollution have not kept pace with inflation or the norm in other areas. It is proposed to increase the penalty for a summary conviction from €1,270 to €5,000.
The existing powers of local authorities would be enhanced by allowing them to seek a court order to require specified action to be taken and by introducing fixed penalties for noise offences.
Gardaí would be given similar enhanced powers to enable them to deal with noise problems, especially at night-time, by making them "authorised officers". Asked whether the force was happy to take on these additional powers, Mr Gormley said he had been in touch with the Garda, which had assured him it was happy with the proposed change.
A website offering information on the options for redress available to people affected by noise is also proposed.
According to the consultation paper, the effectiveness of existing controls is affected by a lack of powers that could result in immediate abatement action. In addition, the burden is on the citizen to follow through on a noise complaint and the level of penalties are not a sufficient deterrent. The paper details problems, such as noise caused by private helicopters and early morning work on construction sites. It notes one of the consequences of the smoking ban has been increased noise levels around pubs.
In relation to alarm noise, it says two keyholders should be contactable within an hour of an alarm going off. The possibility of legislating to ensure all alarms are fitted with switches that cut them off after 15 minutes should be investigated - those fitted after August 2006 already are.
The possibility of giving gardaí powers of entry to premises where an alarm is continuously sounding is to be investigated with the Attorney General.
The possibility of increasing fines from the current €30 for not keeping a dog under proper control is also to be examined.
The closing date for submissions on the consultation paper is October 31st. Mr Gormley said he hoped to have draft legislation ready by next March.
Noise pollution: recommendations
The actions recommended by Minister for the Environment John Gormley include:
• large increase in penalties;
• on-the-spot fines;
• gardaí to be given same powers as local authorities to deal with noise problems, particularly at night;
• codes of practice to reduce noise to be drafted for industry, construction, commerce and domestic situations;
• publication of an annual report on noise issues; and
• creation of a website for people affected by noise.
