Abstract

This chapter elaborates the problems related to legislations on noise. The essential problem in a legislative approach to the control of noise is that of weighing the rights of the individual versus the needs of the community. The type of legislation of a particular political jurisdiction determines the balance between these two considerations. Jurisdictional conflicts almost inevitably occur among the different governmental agencies involved in noise legislation and enforcement. The technical competency of many smaller governmental jurisdictions, such as small municipalities in drafting noise ordinances and enforcing them is limited. This has prevented effective and rational approaches to noise control. Vagueness, unreasonableness, lack of technical justification and of procedural due processes can be remedied by more attention to technical detail, more precision in the drafting of the ordinances, and by their even-handed enforcement. As a supplement to passing general laws on permitted noise levels, the government can separate the noise producer from the noise sufferer.

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