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Noise Nuisances  

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.



 



 

Last update ž04/ž04/ž2004