Neighbors who do not respect the rest and health of others are going to have it a little more complicated in The lagoon. The Department of the Environment has managed to draw up a draft ordinance against noise pollution, a document that the municipality lacked and that could entail penalties of up to 300,000 euros for those who fail to comply. A cursory reading of the work, which is currently undergoing the procedures prior to its approval, is enough to verify that it is not made to get by: it has 77 pages, five titles and 72 articles, in which numerous problems are addressed in detail.
The officially named Ordinance against noise pollution and vibrations of San Cristóbal de La Laguna is applicable throughout the municipality and “for all public and private activities and industrial, commercial and service facilities, constructions and works, buildings, recreational and leisure activities, shows and road traffic that involve the production of annoying noises and vibrations”. The text adds: «Likewise, its prescriptions will apply to any individual or collective behavior that – and, in general, all acoustic emitters, even when it is not specifically expressed – produces said type of discomfort and is avoidable with the observance of a conduct normal civics.” Only military activities and noise in the workplace are excluded, which will be governed by their specific legislation.
Behind the document is one of the departments that has managed to carry out the most projects during the term that is ending: Environment. «We faced the elaboration of this text because, inexplicably, The City Council of La Laguna did not have any ordinance regulating noise», details the head of the previous department, José Luis Hernández. “There was only the Citizen Coexistence Ordinance, but it was very limited when it came to dealing with the multiple problems that arise and that are reflected in an enormous number of complaints,” he specifies.
And that is what they have done: try to cover as many scenarios as possible and leave few loose ends. Points such as public address systems, vehicles, loading and unloading times, waste collection… Different limit values are also established depending on the environment in which the noises occur.
Street activities that require municipal permission must have their acoustic quality plan
Regarding infractions related to activities, establishments and facilities, three categories are contemplated: minor, serious and very serious. The latter is part of exceeding the limits of maximum sound levels allowed in more than 7 decibels at night or 10 decibels during the day, as well as certain breaches of measures imposed by the Administration, among other reasons. Fines for minor cases will range from 100 to 600 euros; those of the serious ones, from 601 to 12,000, and those of the very serious ones, from 12,001 to 300,000. In the last two cases, other types of possible sanctions are also contemplated.
International Noise Day
Precisely on April 26, the International Noise Day, during which the Historic Center Neighborhood Association complained about the noise pollution in the center of La Laguna. “Personally, as Councilor for the Environment, I value the Association’s initiative very positively,” said José Luis Hernández. “Indeed, due to the characteristics of the helmet, we have some situations that, now with this ordinance, I hope will be addressed, because what has to prevail is the quality of life of citizens,” he said.
«An interesting and novel fact of this ordinance is that regulates that all activities carried out on public roads of the municipality and that require municipal authorization must have their acoustic quality plan”, explained the mayor, who recalled that “there are European directives that force us to have noise maps and to regulate this situation”. And he added that this factor also influenced the Department of the Environment to understand it convenient to elaborate the Ordinance, which has also taken citizen participation into account.
In addition, Hernández indicated that the objective is “to have this ordinance that allows, in the face of the new situations in society, to face this type of problem with the objective of achieve an increasingly sustainable municipality and more free of contaminations. And it is that, he remarked, “noise pollution is a great pollution and it has severe effects on health.”
José Luis Hernández considers that a text has been achieved that is “model” and “modern”
The head of the Department of the Environment also discussed the importance of having sufficient means to enforce the Ordinance once it is approved. «The challenge is now that we are going to have a model and modern ordinance, and it is up to the City Council to put the means and open participatory processes of citizen awareness so that it is clear that noise is pollution and that we have a duty from the institutions to face it in a coordinated manner with the citizenry”, he considered.
“Making an ordinance is something relatively easy and we can develop some wonderful ordinances, but, if later we do not have the means to enforce them, they will remain a dead letter,” said José Luis Hernández in the same line, while celebrating that with this document «La Laguna is updated and updated both in European and state legislation».
