|
The 1961 Nuisance Prevention Law refers to
the prevention of noise, smells and air pollution, and determines acts
that constitute a criminal offense.
The 1982 Criminal Procedure Law
(integrated version) grants the relevant government minister the
authority to delegate authority to carry out an investigation into the
above matter.
The 1974 Criminal Procedure Regulations
grant the relevant government minister the authority to lay down
regulations on relevant topics.
The 2000 Criminal Procedure Decree (legal
choice – noise prevention) confers the authority to impose fines, in
accordance with this decree, on a police officer and/or another person
determined by the government minister.
What is a noise offense?
According to clause 2 of the 1961 Nuisance
Prevention Law: “No one shall cause loud or unreasonable noise
anywhere, if it disturbs or is liable to disturb a person located in
the vicinity, or passers by.”
Differentiating between a loud noise
and unreasonable noise
A loud noise – noise that disturbs
a person from a subjective point of view. The noise level must be high
enough so that an inspector or police officer believes it may disturb
the complainant and that it is not a case of vindictiveness between
neighbors or a provocative complaint. In this regard, it should be
noted that the police officer’s only means of judging the severity of
the case are his ears. If a police officer arrives on the scene and
decides, based on his discretion, that the noise level is too high and
is a disturbance to the complainant, he may fine the suspect.
Unreasonable
noise – noise that exceeds the criteria, in terms of decibels,
determined in unreasonable noise regulations. Consequently,
unreasonable noise requires measuring with measuring apparatus.
For this purpose, it should be noted that
the Israel Police Force does not enforce offenses referring to
unreasonable noise, as it does not have noise measurement equipment.
The 2000 Criminal Procedure Decree (legal
choice – noise prevention) was determined in accordance with the 1992
Nuisance Prevention Regulations (noise prevention) – the following
includes details of the 2000 Criminal Procedure Decree (legal choice –
noise prevention). Note that there are regulations that cannot be
enforced without using noise measurement equipment.
As a member of the public, when an offense
is committed which requires measuring equipment, you may refer to the
Ministry of the Environment or the municipal environment unit and ask
for a noise measurement official. However, the citizen is liable for
payment of the cost of such measuring activity.
If, as a member of the public, you
encounter noise you should contact the nearest police station by
dialing 100 and asking the police call center to dispatch a patrol car
to the location of the nuisance so that a police officer can determine
if an offense has been committed. If the police officer decides that
an offense has been committed the officer may fine the person
responsible for the offense. Be advised that the police will respond
to your request in accordance with its abilities and order of
preference at the time.
There are cases whereby an offense, such
as carpet beating, moving furniture, or a barking dog, takes place.
Such offenses contradict the 1992 Nuisance Prevention Regulations
(noise prevention), however, according to the new decree, fines cannot
be imposed. Thus, in such cases, contact the nearest police station
and submit a complaint as in the case of any other offense.
If
you encounter a lack of cooperation from the nearest police station
contact Superintendent Yoav Medina at tel. 03-6913934 and we will do
everything within our power to respond to your request.
|