While Saint Lucia awaits a revised or new noise abatement act in Parliament, one local Attorney says that there is a section of the current Criminal Code that adequately addresses the situation. And, no one is exempt he says, not even politicians, police or preachers.
Ahead of a sitting of Parliament in September, Gros Islet MP Kenson Casimir had promised that the act would be tabled. However, Casimir later informed the media that the Attorney General’s office was having issues arriving at a safe and acceptable noise level.
However, one city lawyer who spoke anonymously to St. Lucia Times asserts that section 550-551 of the revised laws of Saint Lucia 2021 can be applied to the problem of noise pollution.
Under section 550, the act states as follows;
(1) A person who, without reasonable excuse, proof of which lies on him or her—
(a) in any public place;
(b) in or in connection with any business, or other place to which the public is admitted;
(c) in any premises; or
(d) in any vehicle,
by operating or allowing to be operated any musical instrument, speaker or amplifier causes, or allows to be made any loud and continuous sound or noise, is liable on summary conviction to a fine of $1,000 or to imprisonment for 6 months.
It further states;
(2) A person who, without reasonable excuse, proof of which lies on him or her by setting off or causing to be set off any alarm, or other similar device, makes or causes to be made any loud and continuous noise to the annoyance of the person living in or within the neighbourhood commits an offence and is liable on summary conviction to a fine of $1,000.
Additionally the law goes on to say;
(4) For purposes of subsections (1) and (2), it shall be lawful for a police officer to enter into such place or vehicle and to seize and carry away any musical instruments, appliances or equipment or alarm or other similar device and these shall be forfeited
The law also requires that anyone desirous of operating a loudspeaker in any street or at any public or political meeting must obtain a permit.
According to the attorney we spoke with, despite the law, the situation has gotten ‘out of hand’ with many of the “noise makers” acting with impunity.
He shared with us a recent personal experience, where a motor vehicle in the city was blaring loud music while advertising for a popular city store.
“This vehicle was parked right outside my office and the music was so loud and persistent that I had to cancel two of my meetings via zoom,” the attorney said.
“In exasperation I printed and took to a police officer on patrol in the area, the section of the criminal code which empowered them to act, stop the noise and seize the equipment and even prosecute the offender. However, I was told to go to central police station to make a complaint,” the attorney told St Lucia Times.
“Sadly this problem is being perpetuated by some businesses who use sound systems to advertise, sometimes in the middle of the day,” the attorney says.
The attorney believes that part of the problem is that the police are not knowledgeable about the law or are not provided with the proper training to act.
He informed us that just last week he had to draw to the attention of the City Police that a preacher in Constitution Park with a loudspeaker was in fact breaking the law.
St. Lucia Times has since spoken to the City police who informed us that the preacher was spoken to and has since ceased the practice, pending the application and approval of a permit to operate a loudspeaker.
While there is no word as to when the new noise pollution Act will be brought to the table for discussion, our legal source asserts that what exists can be applied and what is necessary is the will to act on the part of the authorities.
