Makati City passes ordinance vs loud videokes, amplifiers

Published June 27, 2011 12:31pm

The Makati City Council passed a new ordinance banning "unreasonably loud sounds" from videokes, karaokes, and amplifiers in residential areas and public streets. â€œExcessive loudness has become a common cause of disputes among neighbors, as some residents tend to take for granted the well-being of others and think only of their own enjoyment," Mayor Jejomar Erwin Binay Jr. said in an article posted on the city web portal. "If we are to maintain peace and order in our communities, we have to seriously implement this ordinance, and we are counting on our barangay chiefs for its effective enforcement throughout Makati," he said. City Ordinance No. 2011-019 requires a permit from the barangay captain or an authorized representative for the regulated use of such devices in public streets or roadsides. Binay said the ordinance seeks to protect residents from "serious discomfort and health hazards" from unregulated use of videokes, karaokes and amplified sound systems within residences and on the streets. Under the ordinance, it shall be unlawful for any person to make or cause any "excessive, unnecessary or unusually loud sound" from audio devices within residences and on the streets, which "annoys, disturbs, injures or endangers the comfort, health, peace or safety of others within the city." Residents may use or operate videoke or karaoke systems with amplifiers on the street within "acceptable" volume limits from Monday to Sunday until midnight, provided they first secure a permit from the concerned barangay chief. The applicant must fill out an application form provided by the barangay and file it with the barangay at least five working days before the actual date of the function. The form should include the following information: the nature of the activity, the type of audio device to be used, the specific location where the device will be used, and the period of time during which the device will be operated. Restricted areas The ordinance cites restricted areas where videokes and amplifiers may not be used:

Any location within 200 meters of a school or place of worship, during the hours of school or worship; or li> Within 200 meters of any hospital or other institutions caring for the sick or infirm. Likewise, the barangay shall not issue a permit on the use or operation of such devices in areas where it will pose serious hazard to the safety and comfort of pedestrians or motorists, or deprive the public of reasonable right to safe and peaceful enjoyment of any public street or other public place. Implementation of the ordinance Village authorities will first issue a verbal order to the offenders to stop or tone down the sounds to an acceptable level. If the violation is deemed excessive, they need not issue a verbal reprimand but may instead charge the offending person or persons with violation of the ordinance. Violators face a fine of P1,000 or imprisonment of up to six months, or both, at the discretion of the court. Loud sound defined Acts that are declared to be unreasonably loud, disturbing and unnecessary noise under the ordinance include the "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 other sound producing device in such manner or with such volume so as to annoy the quiet and comfort of a reasonable person of normal sensitivities in any dwelling or residence; or with louder volume than is necessary for convenient hearing of the persons who are in the place in which such device is operated." Another factor to be considered "prima facie" evidence of a violation of the ordinance is when the sound generated from said devices is plainly audible at a distance of 50 feet from its location. The primary enforcers of the ordinance are the barangay officials and authorities and the Makati City Police. - VVP, GMA News

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