PETITION - STOP THE NOISE FROM LEVEL 101, MARGATE CBD KZN RSA

We, the residents of Margate CBD , hereby petition the City of Margate and SAPS to enforce noise regulations with regards to the sound polution suffered by us from Level 101, Marine Drive Margate,

AS PER THE FOLLOWING EXCERPT FROM THE PORTION OF BYLAWS DEALING WITH NOISE:

- Excerpt Begins:

 8. Noise
(1) No person may in a public place cause or permit to be caused any disturbance or impairment of the convenience or peace of any person by shouting, screaming or making any other loud or persistent noise or sound, including amplified noise or sound, except where such noise or sound is emanating from-(a) an authorised public meeting, gathering, congregation or event; or

(b) an emergency or rescue announcement, which noise or sound is normally associated with such meeting, gathering, congregation, event or situation and in accordance with the conditions of authorisation of any such meeting, gathering, congregation, event or situation.

(2) Subject to subsection (1), no person may permit noise or sound from a private residence or business premises in his or her control to be audible to users outside of such premises to such an extent that it reasonably interferes with the use and enjoyment by an owner or occupier of his or her property, except for places of entertainment as defined in the planning scheme on zoned premises where noise or sound is normally associated with the normal use of such place and in accordance with the conditions of authorisation of that business:

Provided that no person may permit any noise or sound to emanate from a private residence or business premises.

(3) Notwithstanding subsections (1) and (2), no person may cause or permit to be caused any disturbance or impairment of the convenience or peace of any person within the following times:

(a) from Sunday to Thursday, between 21h30 to 07h00; and (b) from Friday to Saturday, between 00h00 to 08h00.

(4) No person may place or position any loudspeaker or any sound equipment at, near or outside the entrance or door of any premises for the purposes of using that loudspeaker or sound equipment to-(a) make any public announcements; (b) invite or lure customers or any persons into that premises or other premises; or (c) entertain any person who is in a public place.

- End Excerpt.

We, the residents, are regularly and consistently subjected to disturbance or impairment of the convenience our peace by loud music, loud singing, shouting, screaming, and making a loud and persistent noise of amplified music and amplified voice via microphone.

This is not normal for our area,  we are a combined residential and business area, not business only.  We did not give Level 101 permission to make such a noise.

The noise is such that it interferes with the use and enjoyment by the residents of our property.  We are unable to sleep, rest, heal, talk, entertain and sometimes cannot even think because the noise is so loud.

Some of us cancel appointments and plans the next day so that we can rest and recover. 

Zoning conditions require the business to contain noise /music on site, but the noise from Level 101 disturbs at least Margate CBD from the beach front Finnis Road up past Marine drive into Uplands Road. We estimate that it affects an area of around 100 to 200 meters all round, if not more.

We request all authorities to act to ensure our rights are respected and enforced.

If our rights are not respected and enforced, we request that Level 101cease operations and be forced to move elsewhere.

Christine Hart, Margate CBD    Contact the author of the petition