In Canada and the United
States there are no national, provincial, or state laws that give
blanket protection against noise, though there are some specific
regulations governing manufacturing standards, air traffic, vehicle
mufflers, and so on. Criminal laws may also cover things like noisy
parties.
Governments have
traditionally viewed noise as a "nuisance" rather than an environmental
problem. As a result, most regulation has been left up to municipal
authorities.
Noise bylaws and
ordinances vary widely from one municipality to another and indeed do
not even exist in some towns and cities. Where they exist, they may
contain a general prohibition against making noise that is a nuisance to
other people, or they may set out specific guidelines for the level of
noise allowable at certain times of the day and for certain activities.
Exceptions are generally made for activities considered legitimate or
necessary, such as lawn-mowing or garbage collection.
Regardless of how lax or
stringent a local law may be, enforcement is difficult. Many
municipalities do not have adequate resources to follow up on
complaints. Even where a municipality has an enforcement office, it may
be unwilling to do more than issue warnings, since taking offenders to
court is expensive. The police may also act on certain kinds of noise
complaints, but generally do not assign them a high priority.
For persistent nuisances,
the individual may have to seek damages through the civil courts. This
can be a long, costly procedure with no certainty of success.
In short, legal protection
against noise is very patchy and often inadequate.
|