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New ordinance penalizes noisemakers in Guimaras
September 18, 2023

The provincial government of Guimaras has regulated the use of videoke or sound-amplifying devices and prescribes corresponding penalties to violators.

Under Ordinance No. 2023-04, any person found creating or causing publicly disturbing noise will be meted with a P3,000 fine or imprisoned for not more than six months, or both, at the discretion of the court.

Vice Governor John Edward Gando, author of the ordinance, said the provincial government aims to improve public health by regulating any sound which unreasonably injures or endangers the comfort, repose, peace and safety. (https://tinyurl.com/scyajtx4)

The following acts are considered to cause publicly disturbing noise and are thus prohibited:

* the operation, playing or permitting the operation or playing of any loud sound generated from videoke, karaoke system, radio, CD player, television set or sound amplifying equipment or device such as musical instrument, drums, loudspeaker or other sound producing device within areas and along public streets or road sides which either annoys, disturbs, injures or endangers the health, comfort, peace, serenity and safety of the public

* the frequent, repetitive or continuous sounding of a horn or siren attached to a motor vehicle, except as necessary or a warning of danger or as specifically permitted or required by law

* sound from motor vehicles audio systems, such as radio and compact disc player, operated at a volume so as be audible greater than twenty feet from the vehicle itself; and

* noise from motor vehicles as a result of the customization and/or modification of its mufflers/exhaust pipe or horn.

The following factors must be considered when determining whether a sound is a public disturbance:

* time of the day, proximity to residential structures

* whether the noise is recurrent, intermittent, or constant

* volume and intensity

* whether the noise has been enhanced in volume of range by any types of electronic or mechanical means

* character and zoning area; and

* whether or not the noise is subject to being controlled without unreasonable effort on the part of the creator thereof.

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