1Republic of the PhilippinesSANGGUNIANG PANLUNGSOD

Makati City

DRAFT ORDINANCE NO. 2004-028

Authors: Councilors L.G. Siaron, R.C. Medina, R.F. Sese, R.J. Puno, C.P. Mercado, J.S. Wilson, S.D. Pangilinan and E.V. Tolentino, Jr.

AN ORDINANCE ENACTING THE MAKATI CITY NOISE POLLUTION CONTROL CODE, PROVIDING PENALTY FOR VIOLATION THEREOF.

WHEREAS, excessive, unnecessary or offensive noise within the city is detrimental to the public health, safety, welfare and therefore is declared a public nuisance;

WHEREAS, every person in the city is entitled to live in a noise pollution free environment;

WHEREAS, the establishment of permissible noise level will enhance public health, safety and welfare of city inhabitants.

NOW, THEREFORE, BE IT ENACTED, AS IT IS HEREBY ENACTED BY THE SANGGUNIANG PANLUNGSOD OF MAKATI, METRO MANILA, BY VIRTUE OF THE POWERS VESTED IN IT BY LAW, IN SESSION ASSEMBLED, THAT:

ARTICLE 1. GENERAL PROVISIONS

Section 1. This Ordinance shall be known as the Makati City Noise Pollution Control Code.

Section 2. Declaration of Policy

It is a declared policy of the City Government of Makati to assess complaints against noises alleged to exceed the ambient levels and to contain sound levels in the city at present levels with the ultimate goal of reducing such levels, when and where feasible and without causing undue burdens, to meet the noise standards set forth in this ordinance.

ARTICLE II. DEFINITION OF TERMS

Section 3. DEFINITION OF TERMS As used in this Ordinance, the following terms shall mean and defined as follows:

Ambient Noise Level means all the encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.

Cumulative Period - means an additive period of time composed of individual time segments which may be continuous or interrupted.

2Decibel or dB means a unit which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten (10) times the logarithm to the base of ten (10) of this ratio.

Emergency work means the use of machinery, equipment, vehicle, manpower or other activity in an effort to protect, maintain, provide or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service.

Hertz means a unit of measurement of frequency, numerically equal to cycles per second.

Impulsive noise means a noise characterized by brief excursions of sound pressures whose peak levels are very much greater than the ambient noise level, such as might be produced by the impact of pile driver, punch press or a drop hammer, typically with one second or less duration.

Noise level means the A weighted sound pressure level in decibels obtained by using a sound level meter at slow response with reference pressure of twenty (20) micropascal any dog of the female gender on which no surgery has been performed to alter the genital organs.

Motor vehicle includes, but shall not be limited to automobiles, trucks, motorcycles, minibikes and go-carts.

Sound level meter means an instrument that meets or exceeds American National Standard Institutes Standard S1.4-1971 for type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.

Person includes both natural and artificial beings.

ARTICLE III

GENERAL NOISE REGULATIONS

Section 4. Standards

Notwithstanding any other provisions of this ordinance and in addition thereto, it is unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quite of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area. The standard which may be considered in determining whether a violation of the provisions of this section exists shall include, but not limited to the following:

1. The sound level of the objectionable noise;2. The sound level of the ambient noise;3. The proximity of the noise to residential sleeping facilities;4. The nature and zoning of the area within which the noise emanates;5. The density of the inhabitation of the area within which the noise

emanates;6. The time of the day or night the noise occurs;7. The duration of the noise and its tonal informational or musical content;8. Whether the noise is continuous, recurrent or intermittent;9. Whether the noise is produced by a commercial or noncommercial activity

3Section 5. Specific unlawful noises.

Notwithstanding any other provision of this ordinance to the contrary, the following acts, among others, are declared to be loud, disturbing and unnecessary in violation of this ordinance, but such enumeration shall not be deemed to be exclusive, namely:

a. Motor noises Any noise made by the motor of any automobile, truck, tractor, motorcycle, not reasonably required in the operation thereof under the circumstances and shall include but not be limited to backfiring and horns and signaling device. The sounding of any horn or signaling device on any automobile, motorcycle, trolley coach or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up.

b. Yelling and shouting Yelling, shouting, hooting, whistling singing or blowing of horns on the public streets particularly between the hours of 10:00 p.m. and 7:00 a.m. or at any time or place so as to annoy or disturb the quite and comfort, or repose of persons in the vicinity.

c. Pile Drivers, Hammers, etc. The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other appliance, the use of which is attended by loud or unusual noise.

d. Tools - The use of operation between the hours of 10:00 p.m. and 7:00 a.m. of any power saw, power planer, or other powered tool or appliance so as to disturb the quite, comfort or repose of persons in any dwelling, hotel, motel, apartment or other type of residence, or of any person in the vicinity.

e. Blowers The operating of any noise creating blower or power fan or any internal combustion engine the operation of which causes noise due to the explosion of operating gases, fluids, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler or other device sufficient to deaden such noise.

f. Loading, unloading The creation of loud and excessive noise in connection with loading or unloading of cargoes, boxes, crates from any vehicle.

g. Hawkers, Peddlers, Vendors The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quite of persons in the neighborhood.

h. Drums The use of any drum or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale.

i. Transportation of metal rails, Pillars and Columns The transportation of metal rails, pillars or columns of iron, steel or other material, over and along streets and other public places upon carts, drays, cars, trucks in any manner so as to cause loud noises or to disturb the peace and quite of persons in the vicinity thereof.

4j. Animals, Birds, Fowls The keeping of any animal, fowl, or bird which by causing frequent or long continued noise shall disturb the comfort or repose of persons in the vicinity.

k. Radio, Tape Player, etc Any noise emitted from a radio, tape player, tape recorder, record player, radio component, or television on or in any publicly owned property or place, including but not limited to parks, when such noise is audible to a person of normal hearing and sensitivity one hundred feet from the audio source.

ARTICLE IV

NOISE STANDARDS

Section 6. Exterior Noise Standard

a. The following noise standards unless otherwise specifically indicated in this article shall apply to residential properties.

i. From seven (7) a.m. to ten (10) p.m. the exterior noise standard shall be fifty-five (55) dBA.

ii. From ten (10) p.m. to seven (7) a.m. the exterior noise standard shall be fifty (50) dBA.

b. It is unlawful for any person at any location to create any noise which causes the noise levels when measured on residential property to exceed for the duration of time set forth following, the specified exterior noise standards in any one hour by:

Cumulative Duration Allowance of the Intrusive Sound Decibels

Cumulative period of 30 mins./hr. 0Cumulative period of 15 mins./hr. + 5Cumulative period of 5 mins./hr. +10Cumulative period of 1 min./hr. +15Level not to be exceeded for any time/hr. +20

c. Each of the noise limits specified in subsection B of this section shall be

reduced by five (5) dBA for impulsive or simple tone noises, or for noises consisting of speech or music.

d. If the ambient noise level exceeds that permitted by any of the first four noise limit categories specified in subsection B of this section, the allowable noise limit shall be increased in five (5) dBA increments in each category to encompass the ambient noise level. If the ambient noise level exceeds the fifth noise level category, the maximum ambient noise level shall be the noise limit for that category.

Section 7. Sound/Level Measurement

a. Any noise level measurement made under this Ordinance shall be performed using a sound level meter defined under Section 3 of this Ordinance.

5b. The location selected for measuring exterior noise levels shall be at any point on the receivers affected property. In the case of interior noise measurements, the windows shall be in normal seasonal configuration and the measurement shall be made at a point at least four (4) feet from the wall, ceiling or floor nearest the affected occupied area.

Section 8. Interior noise standards

a. In any apartment, condominium, townhouse, duplex or multiplex dwelling unit, it is unlawful for any person to create any noise from inside his or her unit that causes the noise level when measured in a neighboring unit during the period of ten (10) p.m. to seven (7) a.m. to exceed:

i. Forty five (45) dBA for a cumulative period of more than five minutes in any hour;

ii. Fifty (50) dBA for a cumulative period of more then one minute in any hour;

iii. Fifty five (55) dBA for any period of time.

b. If the ambient noise level exceeds that permitted by any of the noise level categories specified in Section 2 (a) of this Article.

Section 9. Exemptions

The following activities shall be exempted from the provisions of this Article.

i. School bands, school athletic and school entertainment events.

ii. Outdoor gatherings, public dances, shows and sporting and entertainment events provided said events are with permits.

iii. Activities conducted on parks and public playgrounds.

iv. Any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work.

v. Noise sources due to the erection (including excavation), demolition, alteration or repair of any building or structure between the hours of seven (7) a.m. to six (6) p.m. during ordinary days, and between nine (9) a.m. to six (6) p.m. on Saturday, Sunday and holiday; provided, however, that the operation of an internal combustion engine shall not be exempted pursuant to this provision is such engine is not equipped with suitable exhaust and intake silencers in good working order. The City Building Official, may permit work to be done during the hours not exempt under this subsection in the case of urgent necessity and in the interest of the public with the application for the work permit or during the progress of the work.

Section 10. Schools, Hospitals and Churches

It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use to exceed the noise standards specified in Section 8 of this Article or to create any noise which unreasonably interferes with the use of such institution or unreasonably disturbes or annoys patients in the hospital. In any disputed case, interfering noise which is ten (10) dBA or more, greater than the ambient noise level at the building, shall be deemed excessive and unlawful.

6Section 11. Residential pumps, fans and air conditioners.

It is unlawful for any person to operate any residential fans, airconditioners, stationary pumps, stationary cooling towers, stationary compressors, similar mechanical device or any combination thereof installed after the effective date of this article or in any manner so as to create any noise which would cause a maximum noise level to exceed:

Sixty (60) dBA at any point at least one (1) foot inside the property line of the affected residential property and three (3) feet above ground level.

Fifty five (55) dBA in the center of neighboring patio three (3) to five (5) feet above ground level.

Fifty five (55) dBA outside of the neighboring living area window nearest the equipment location, measurement shall be taken with the microphone not more than three (3) feet from the window opening but at least three feet from any other surface.

Section 12. Vehicles

a. Off road vehicles

It is unlawful for any person to operate any motorcycle or recreational off-road vehicle on or off a public road in such a manner that the noise level exceeds the exterior noise standards specified in Section 4 of this ordinance.

b. Waste disposal vehicles

It is unlawful for any person authorized to engage in waste disposal service or garbage collection to operate any truck mounted waste or garbage loading and/or composting equipment or similar mechanical device in any manner so as to create any noise exceeding the following level, when measured at a distance of fifty (50) feet from the equipment or residential property.

c. Public Utility Vehicles

It is unlawful for public utility vehicles to unnecessarily blow horns to attract passengers.

Section 13. Car alarms

Over sensitive car alarms are required to be turned off when a car is parked on a residential neighborhood.

ARTICLE V

ADMINISTRATION PROCEDURES

Section 14. Administration

The enforcement of the relevant provisions of this Ordinance shall be the responsibility of the Local Police, the Makati Public Safety Department (MAPSA)and the City Health Officer. The City Health Officer shall be responsible for:

7a. Training inspectors b. Procuring measuring instruments and training inspectors in their

calibration and operation. c. Conducting a public education program in all aspects of noise control.d. Coordinating the noise control program with other governmental agencies.

ARTICLE VI

ENFORCEMENT

Section 15. Violation

a. Upon receipt of a complaint from any person, the Chief of Police, the Head of the MAPSA, the City Health Officer or their duly authorized representatives may investigate and assess whether the alleged noise levels exceed the noise standards set forth in this ordinance.

b. If such officers have reason to believe that any provision(s) of this ordinance has been violated, they may cause written notice to be served upon the alleged violator.

c. Such notice shall specify the provision of this chapter alleged to have been violated and the fasts alleged to constitute a violation, including dBA readings noted and the time and place of their detection and may include an order that corrective action be taken within a specified time.

d. If corrective measure is not taken within such specified time or any extension thereof approved by the Health Officer, violator shall be penalized accordingly. Each such violation committed or permitted to continue shall constitute a separate offense.

Section 16. Penalty

a. Penalty for violation(s) of any provision of this Ordinance shall be penalized with a fine of P1,000.00 for each violation.

b. Notwithstanding any contrary provision of this code, each fifteen (15) minute violation of Section 6, Article IV shall constitute a separate violation.

Section 17. Abatement

Any violation of the provisions of this ordinance shall be declared unlawful and a public nuisance. The City may immediately commence action/proceeding for the abatement or enjoinment thereof in the manner provided by law.

ARTICLE VII

MISCELLANEOUS PROVISIONS

Section 18. Separability Clause

If for any reason/s, any part of this Ordinance is declared illegal or invalid, other parts or provisions not affected shall remain valid and in full force and effect.

8Section 19. Repealing Clause.

Any ordinance inconsistent herewith is deemed repealed or modified accordingly.

Section 20. Effectivity.

This Ordinance shall take effect after its enactment by the Sangguniang Panlungsod and approval of the Mayor and fifteen (15) days after its posting and publication in a newspaper of local circulation.

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