Republic of the Philippines

Province of Batangas
Municipality of Mataasnakahoy


NOI S E REGULATI ON ORDI NANCE
OF
MATAAS NAKAHOY- BATANGAS

[City Ordinance No. 11247810]

Explanatory Note

Noise pollution is an environmental hazard that is often ignored. Yet, its
effects on peoples health are so staggering and alarming that immediate
action must be undertaken to mitigate, if not eradicate, the same.

Unfortunately, laws that address noise pollution in the Philippines are
only at its early stages of inception and evolution. Either because it is not that
so considered as a problem at all or people simply do not care, what with
other perceived-to-be far more crucial environmental problems they have to
deal with. Nothing has truly been undertaken to prevent people and
industries from creating too much noise, as to what is one that is loud,
excessive and unnecessary.

The purpose of this ordinance is to regulate noise and even provide for
appropriate penalties in order to make the people realize that while they have
the right to pursue any activity they so want and desire, they should be
responsible for seeing to it that they will stop the moment they are to disturb,
annoy and deleteriously affect the health and welfare of other people.

As it is the declared policy of the State to protect and advance the right
of the people to a balanced and healthful ecology in accord with the rhythm
and harmony of nature, immediate enactment of this measure is earnestly
sought.








AN ORDINANCE
REGULATING NOISE AND ITS SOURCES AND PROVIDING
PENALTIES FOR ITS VIOLATION AND FOR OTHER PURPOSES
OF MATAASNA-KAHOY - BATANGAS


ARTICLE 1. GENERAL PROVISIONS

SECTION 1. Short Title. - This Ordinance shall be known as the Noise Ordinance of
Mataasnakahoy-Batangas.

SECTION 2. Declaration of Policies. -

(a) It is the declared policy of the State to protect and advance the right of the
people to a balanced and healthful ecology in accord with the rhythm and
harmony of nature.
(b) The State shall pursue a policy of balancing development and environment
protection.
(c) The State shall promote an environment for all Filipinos free from
unnecessary, excessive and annoying noises that jeopardize their health and
welfare.

SECTION 3. Declaration of Purpose and Intent. - The municipal government
hereby enacts the ordinance to protect, preserve, and promote the health, safety,
welfare, peace, and prosperity of the citizens of the place through the reduction,
control, and prevention of unreasonable noise, or any noise which unreasonably
disturbs, injures, or endangers the comfort, repose, health, peace, or safety of
reasonable persons of ordinary sensitivity.

The purpose of this ordinance is to regulate noise and even provide for appropriate
penalties in order to make people realize that while they have the right to pursue
any activity they want and desire, they should be responsible for seeing to it that
they will stop the moment the same disturb, annoy, and deleteriously affect the
health and welfare of the people.

SECTION 4. Negative Effects. - The following are the effects of loud and raucous
noise:
(a) Loud and raucous noise degrades the environment of the municipality to
a degree that:
A. It may be harmful to the health, welfare, and safety of its inhabitants and
visitors;
B. It may interfere with the comfortable enjoyment of life and property
reasonably expected in an urban environment;
C. It may cause or aggravate health problems.

(b) Both the effective control and the elimination of loud or unreasonable
noise are essential to the health and welfare of the citizens and visitors of the
municipality as well as to the conduct of the normal pursuits of life, including
recreation, work and communication.

(c) The use of sound amplification equipment creates loud and raucous noise
that may, in a particular manner and at a particular time and place, substantially and
unreasonably invade the privacy, peace, and freedom of the citizens of and visitors
to the area.

(d) Certain short-term easing of noise restrictions is essential to allow the
construction and maintenance of structures, infrastructure, and other elements
necessary for the physical and commercial vitality of the area.

SECTION 5. Scope. - This ordinance applies to the control of all sounds originating
within the jurisdictional limits of the municipality. Ignorance of the law excuses no
one from compliance therewith.

SECTION 6. Definition Of Terms. For purposes of this Ordinance, the following
words, terms and phrases, used in this article, shall have the meaning ascribed to
them in this section, except when the context clearly indicates a different meaning.
The following terms are hereby defined as:

a) Ambient Noise is the composite of noise from all sources near and far and
in a given environment, exclusive or occasional and transient intrusive noise
sources and of the particular noise source or sources to be measured.

b) Commercial Purpose is the use, operation, or maintenance of any sound
amplifying equipment for the purpose of advertising any business, goods, or
services, or for the purpose of attracting the attention of the public to,
advertising for, or soliciting patronage or customers to or for any
performance, show, entertainment, exhibition, or event, or for the purpose of
demonstrating such sound equipment.

c) Decibel (dB) - is unit of level which denotes the ratio between two (2)
quantities which are proportional to power; the number of decibels
corresponding to the ration of two (2) amounts of power is ten (10) of this
ratio.

d) Emergency" - means any occurrence or set of circumstances involving actual
or imminent physical trauma or property damage, which demands
immediate attention.

e) "Emergency work" - means any work:

A. Performed for the purpose of preventing or alleviating physical trauma or
property damage;

B. Restoring property to a safe condition following a public calamity;

C. By private or public utilities when restoring utility service; or

D. Performed to protect persons or property from exposure to danger or
potential danger.

f) Health" - means an optimal state of physical, mental and emotional well
being and not merely the absence of disease.

g) Impulsive Sound - is sound of short duration, usually less than one second
with an abrupt onset and rapid decay. By way of example impulsive sound
shall include, but shall not be limited to, explosions, musical base drum beat,
or the discharge of firearms.

h) Motor Vehicle - includes, but shall not be limited to, automobiles, through
motorcycles, minibikes, and go-carts.

i) Noise - means unwanted sound", and an audible acoustic energy that
adversely affects the physiological and/or psychological well being of people,
or which disturbs or impairs the convenience or peace of any person.

j) Non-Commercial Purpose is the use, operation, or maintenance of a
sound equipment for other than a commercial purpose. Non-commercial
purpose shall mean and include, but shall not be limited to philanthropic,
political, patriotic, and charitable purposes.

k) Octave Band Noise Analyzer is an instrument for measurement of sound
levels in octave frequency bands, which satisfies the pertinent requirements
for Class II octave band analyzers of the American National Standard
Specifications for Octave, Half-Octave Band Filters, or the most recent
revision thereof.

l) Permit - means an official document giving someone authorization.

m) Person is a person, firm association, co-partnership, joint venture
corporation, or any entity, private or public in nature including but not
limited to federal, state or city government.

n) "Public Right-of-Way" - means any street, avenue, boulevard, highway,
sidewalk, alley, or similar place that is normally accessible to the public,
which is owned or controlled by a government entity.

o) "Public Space" - means any real property or structure on real property,
owned by the government and normally accessible to the public, including
but not limited to parks and other recreational areas. For the purposes of this
article, public space will also include any property, whether publicly or
privately owned, used by members of the general public as a method of
ingress, egress or for parking.

p) Sound Amplifying Equipment - is any machine or device for amplification of
the human voice, music, or any other sound, but shall include:

A. Automobile radios, stereo players or television receivers used in and heard
only by the occupants of the vehicle in which the same is installed.
B. Radio, stereo players, phonographs or television receivers used in a house or
apartment within any residential zone or within 500 feet thereof.
C. Warning devices on emergency vehicles.
D. Horns or other warning devices authorized by the law on any vehicle when
used for traffic purposes.

q) Sound Level (Noise Level) in decibels (dB) is the sound measured with an
A weighing and slow responses by a sound level meter; except an impulsive
or rapidly varying sounds, the fast response shall be used.

r) Sound Level Meter - is an instrument including a microphone, an amplifier,
an output meter, and A frequency-weighing network for the measurement
of sound levels in decibels.

s) Sound Truck is any motor vehicle, or any other vehicle regardless of
automotive power, whether in motion or stationary, which carries or is
equipped with or which has mounted thereon, or attached thereto, any sound
amplifying equipment.

SECTION 6. Sound Level Measurement Procedure and Criteria.

(a) Any sound level measurement made pursuant to the provisions of this
chapter shall be measured with a sound level meter using the A
weighing and response as indicated in Article I, Section 3(k). Except
when impractical, the microphone shall be located four to five feet above
the ground and ten feet or more from the nearest reflective surface.
However, in those cases where another elevation is deemed appropriate,
the latter shall be utilized. Interior sound level measurements shall be
made at a point at least four feet from the wall, ceiling, or floor nearest
the noise source. Calibration of the sound level meter, utilizing an
acoustic calibrator shall be performed immediately prior to recording
any sound level data. The ambient noise level and the level of a particular
noise being measured shall be the numerical average of noise
measurements taken at a given location during a given period of time.

(b) Where the sound alleged to be offending is of a type or character set
forth below the following values shall be added to the sound level
measurement of the offending noise:

1. Except for noise emanating from any electrical transformer or gas
metering and pressure control equipment existing and installed prior
to the date of effectivity of the ordinance enacting this chapter, any
steady tone with audible fundamental frequency or over tones have
200Hz.+5.
2. Repeated impulsive noise.+5.
3. Noise occurring more than 5 but less than 15 minutes in any period
of 60 consecutive minutes between the hours of 7:00 A.M. and 10:00
P.M. of any day.-5.

(c) For those cases where an objectionable noise is clearly audible but when
the level of ambient noise does not permit direct quantitative sound
levels A measurements of the objectionable noise, sound
measurements may be performed utilizing an octave band sound
analyzer to determine sound level A limits as indicated in Table I
below. This is used to convert the sound pressure level meter readings in
dB for each band to SPL in dB (A) for each band.

TABLE I
OCTAVE BAND NOISE VALUES CORRSPONDING TO SOUND LEVEL A VALUES

Octave Band Sound Pressure Level, dB re .0002 dyne/cm.


SECTION 7. Minimum Ambient Noise Level. Where the ambient noise is less
than the presumed ambient noise designated in this section, the presumed ambient
noise level in this section shall be deemed to be the minimum ambient noise level.
Sound
Level
Octave Band Center Frequency in Hz
A 31.5 63 125 250 500 1000 2000 4000 8000
35 58 50 42 35 32 29 26 23 20
40 61 54 46 40 37 34 31 28 25
45 64 58 51 45 42 39 36 33 30
50 67 61 55 50 47 44 41 38 35
55 70 64 60 55 52 49 46 43 40
60 73 68 64 60 57 54 51 48 45
65 76 72 68 65 62 59 56 53 50
70 79 76 73 70 67 64 61 58 55
75 84 81 78 75 72 69 66 63 60
SECTION 8. Noice Control Officers. - The Noise Control Officers (NCOs) shall
enforce the provisions of this ordinance. A person shall be qualified to be a noise
control officer if the person meets the criteria set forth by the Local Government.

Noise control officers shall have the power to:
(a) Coordinate the noise control activities in the Municipality of
Mataasnakahoy and cooperate with all other public bodies and agencies
to the extent practicable;
(b) Review the actions of Municipality of Mataasnakahoy and advise of the
effect, if any, of such actions on noise control;
(c) Review public and private projects, subject to mandatory review or
approval by other departments or boards, for compliance with this
ordinance;
(d) Investigate and pursue possible violations of this ordinance for sound
levels, which equal or exceed the sound levels set forth in Table I when
measured at a receiving property located within the designated
jurisdiction of the noise control officer, in accordance with this Section
and;
(e) Cooperate with noise control officers of adjacent barangays in enforcing
the municipal noise ordinance.
The sound measurements made by a noise control officer shall conform to the
procedures set forth by this ordinance.
ARTICLE 2. REGUALTION OF NOISE AND NOISE SOURCES
SECTION 1. Violation Standards. - The standards, which shall be considered in
determining whether a violation exists, include what are indicated in this ordinance,
but are not limited upon the discretion of the Municipal Board.
SECTION 2. Loud, Unnecessary and Unusual Noise. It shall be unlawful for any
person to willfully make or continue, or cause to be made or continued, any loud
unnecessary, and unusual noise, which disturbs the peace, or quit of any
neighborhood or which causes discomfort or annoyance to any reasonable person of
normal sensitivities residing in the area. This standard that may be considered in
determining whether a violation exists under the provisions of this section may
include, but may not be limited to, the following:

a. The volume of the noise
b. The intensity of the noise
c. Whether the nature of the noise is usual or unusual
d. Whether the origin of the noise is natural or unnatural
e. The proximity of the noise to residential sleeping facilities
f. The nature and zoning of the area within which the noise emanates.
g. The density of inhabitation of the area within which the noise emanates.
h. The time of the day or night the noise occurs.
i. The duration of the noise
j. Whether the noise is recurrent, intermittent, or constant.

Any noise created for the entertainment, enjoyment or benefit of the creator or
their guests shall be presumed to be excessive, loud and disturbing if any of the
following apply:

(a) The noise is clearly audible for a distance of 50 feet or more from the
property line from which the noise emanates, or

(b) The noise is clearly audible by a passenger of a motor vehicle, other than a
vehicle from which the noise may come, on a public street or
thoroughfare with the doors and windows of the vehicle closed; or

(c) The noise occurs between the hours of 9:00 P.M. and 7:00 A.M. and can be
heard more than thirty (30) feet beyond the property line from which the
noise emanates; or

(d) In the event noise measuring devices or equipment are available, or
become available, to measure the noise as against the ambient
background noise, and the noise exceeds the ambient background noise
by 15 decibels at any time between 9:00 P.M. and 7:00 A.M. or the noise is
25 decibels louder than the ambient background noise at any hour
without regard to cause. Measurements of noise and ambient background
noise shall be made at the property line unless other persons using the
same property are complaining about the noise in which case the
measurement shall be from the source of the noise. The use of measuring
devices may be used as a supplement to other evidence or as evidence of a
violation but is not required for the establishment of a violation. This
section is not intended to be exclusive of any other section or provision of
this chapter and use of a measuring device or equipment, when used, may
be supplemental and does not preclude establishing a violation of other
sections or through other evidence.

SECTION 2. Sources of Noise. - The following sounds are prohibited and unlawful if
the volume produced is in such a manner as to disturb the peace, quiet, and comfort
of any neighborhood or any reasonable person residing in such area or with louder
volume than is necessary for convenient hearing of the persons who are in the place
in which such device or sound is operated or produced:

(a) Sound Amplifying Equipment
Operating, playing or permitting the operation or playing of any radio, CD player,
television sets, amplified musical instrument, drums, loudspeaker, videoke or
karaoke system, or any other sound-producing system.

It shall be unlawful for any person to use any sound amplifying equipment within
the jurisdictional limits from 9:00 p.m. to 7:00 a.m. everyday.

Provided however, that a temporary permit, may be applied for, for public events
or specific activities such as, but not limited to, concerts, speeches, athletic
events, parades, or lectures held in the barangay.

(b) Animals
Owning, keeping, having in possession or harboring any animals that produce
frequent or habitual howling, barking, meowing, squawking, or any other noise is
always prohibited.

It shall be unlawful for any person owning, keeping, or having in possession of
the animals to take responsibility of preventing or removing the frequent or
habitual noise it produce.

(c) Noisy Party or Gathering
No person will congregate at, or participate in any party or gathering of two or
more people, from whom noise emanates of a sufficient volume so as to disturb
the peace, quiet, or repose of another person from 9:00 p.m. to 7:00 am everyday.

Noise of such volume as to be clearly audible at a distance of 50 feet from the
structure or building in which the party or gathering is occurring in the adjacent
hallway or apartment will be prima facie evidence of a violation of this section.

(d) Religious Gathering
Any masses, celebration, events, gathering, or ceremony of any religion or sect
held within its respective churches or a residents house, or any place located
within the barangay shall not make unreasonable sounds considering the time of
the day and date of the year.

(e) Motor Driven Vehicles
All motor vehicle operated within the limits of the barangay shall be subject to
the noise standard and decibel levels set forth by this ordinance.

It shall be unlawful for any person to unreasonably operate any motor driven
vehicle upon any property or unreasonably accelerate the engine of any vehicle,
or unreasonably sound, blow or operate the horn or other warning device of such
vehicle.

(f) Loudspeakers, Amplifiers, Public Address Systems
Except when authorized, the use or operation of any loudspeaker, amplifier,
public address system or any similar instrument or equipment whose purpose is
to amplify or make sound louder in a fixed or movable position or mounted upon
any sound truck for the purpose of giving instructions, directions, talks,
addresses, lectures, or transmitting music to any person or assemblages, in or on
any public right-of-way within city areas.


(g) Loud or Unusual Noises
Making or causing to be made any excessive or unusually loud noise or any noise,
which is so harsh, prolonged, unnatural, or unusual in time and place

(h) Construction Projects Noise
Operating equipment or performing any construction or repair work on
buildings, structures, streets, highways, bridges or other public rights-of-way or
operating any pile driver, steam shovel, pneumatic hammer, derrick, steam
electric hoist, generator, pump or other construction-type device which may
constitute an absolute noise levels during the construction activities and the
duration of the construction.

SECTION 3. Exceptions. - Subject to previous sections, the following activities will
be authorized as follows:

A. Non-Emergency Signaling Devices
Except as authorized in subsection A.3 of this section, the sounding or permitting of
any sounding of amplified signals from any bell, chime, siren, whistle or similar
device intended primarily for non-emergency purposes, including but not limited to
back-up beepers, will be authorized at any time between 10:00 am to 11:00am, 4:00
pm to 5:00 and 7:00 pm to 8:00 pm.

B. Noisy Party or Gathering
Activities that are duly authorized sponsored or permitted by the barangay, so long
as the activity is conducted pursuant to the conditions of permit or contract
authorizing such activity or persons who have gone to a party for the sole purpose
of abating the violation.

C. Religious Gathering
The church bells and chimes are exempted provided that they are unamplified bells.

D. Outdoor Events
Any outdoors gathering, public dances, shows sporting events, and other similar
outdoors event will be authorized provided the parties obtain any permits required.
Should the event not require a permit, the gathering will be authorized between
4:00 pm to 7:00 pm.

E. Outdoor Activities
Activities conducted on public playgrounds and public or private school grounds,
which are conducted in accordance with the manner in which such spaces are
generally used, including but not limited to the use of a municipal-owned park,
swimming pool, skate park, ball fields, school athletic or school entertainment
events.

F. Public Work
Noise created in the performance of any work in the public right-of-way or on public
space as defined herein which is reasonably necessary for the public benefit,
welfare, convenience or safety, including but not limited to the maintenance of
streets, parking lots, water and wastewater lines but excluding solid waste activities.

G. Construction Projects
Operating equipment or performing any construction or repair work as defined in
section 5 will be authorized between 7:00 am to 5:00 pm. The director of public
service may authorize temporary relief from this section upon application and a
showing of extraordinary need for the use of this equipment beyond or outside
these hours. Such authorization will clearly set forth the dates and hours of the
authorized use as well as any special conditions needed to mitigate potential
negative noise impacts.

SECTION 4. Emergency Exceptions. - Any of the acts defined, which are performed
for emergency work for the safety, welfare, and public health of the citizens of the
municipality, are exempted from the provisions of this article.

ARTICLE 3. PENALTIES

Violation of any provision of this ordinance shall be cause for an enforcement
document to be issued to the violator by the noise control officer according to
procedures set forth by Local Government. The recipient of an enforcement
document shall be entitled to a hearing in municipal court having jurisdiction to
contest such action.

Violations of any provision of this ordinance can result in a warning, a fine or even
misdemeanor charges of disorderly conduct. Every person who occupies or controls
the property on or in which the noise occurs may be subject to a fine of P1, 000.00
for a first violation, P 2,000.00 for a second violation in a twelve month period, and
P5, 000.00 for a third or subsequent violation within a 12-month period, and in
addition to any of those you may be subject to a warning for disorderly conduct. If
the noise violation does not cease, the occupants may be subject to arrest.

In case any violation of this ordinance is committed by a partnership, corporation,
association or any juridical person, the partner, president , director or manager who
consents to or knowingly tolerates such violation shall be held liable as a co-
principal.

No provision of this ordinance shall be construed to impair any legal remedy
therefrom, of any person for injury or damage arising from any violation of this
ordinance or from other law.
ARTICLE 4. APPROPRIATION

The amount necessary to carry out the provisions of this ordinance is hereby
authorized to be appropriated in the General Appropriations under the Local
Government of the year following its enactment into law and thereafter.


ARTICLE 5. FINAL PROVISIONS

SECTION 1. Separability Clause. If any of the sections or provisions of this
ordinance is held invalid, all the other provisions not affected thereby shall remain
in force and effect.

SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive
order, letter of instruction, administrative order rule or regulation contrary to or
inconsistent with the provision of this ordinance is hereby repealed, modified or
amended accordingly.

SECTION 3. Effectivity. - This Ordinance shall take effect after 15 days upon the
completion of its publication in at least two newspapers of general circulation in the
Philippines.

Approved
Enacted on December 3, 2013.

Authors:
(SGD) Ralph Jarvis Alindogan

(SGD) Hannah Alyssa Bacolod

(SGD) Ida Katherine Chua

(SGD) Geraldine del Mundo

(SGD) Charm Krizia Medina

(SGD) Wendell Leigh Oasan

(SGD) Jerraemie Nikka Patulot



CERTI FI CATI ON CLAUSE

I hereby certify to the correctness of the quoted ordinance.




(SGD) __________________
Secretary to the Sangguniang Panlungsod






Certified Correct:
(SGD) ____________________
Vice-Mayor



Approved:
(SGD) ____________________
Mayor








(SGD) Benigno Simeon Acquino III
President of the Philippines