One of the trio of presentations by Myers Fletcher & Gordon - this one focuses on the noise abatement act. Presented at the International Reggae Studies Conference 2010
1. AND THE ENTERTAINMENT INDUSTRY: A discussion of the Noise Abatement Act, The Kingston and Saint Andrew Corporation (Places of Amusement) Regulations, The Motion Picture Industry (Encouragement) Act and The Entertainment Industry (Encouragement) Bill Presented by SIMONE BOWIE Attorney-at-Law & a Member of the Jamaica Reggae Industry Association Jamaican Legislation
13. THE NOISE ABATEMENT ACT Annoyance If a sound is audible beyond a distance of one hundred (100) metres in the vicinity of a dwelling house, hospital, nursing home, infirmary, hotel or guest house, between 2 a.m. and 6 a.m. on a Saturday or Sunday, or mid- night and six 6 a.m. on all other days then the sound is presumed to cause an annoyance.
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15. THE NOISE ABATEMENT ACT Offences The maximum fine is fifty thousand dollars ($50,000.00) (for 3rd time offenders) and the maximum prison term is twelve (12) months. The equipment which was used to commit the offence may also be forfeited.
16. THE NOISE ABATEMENT ACT The Operator and the Occupier It is also important to note that if the operator of the equipment was asked to reduce or cease the sound and failed to do so, the operator may be guilty of an offence and fined an amount not exceeding twenty thousand dollars ($20,000.00) or face imprisonment for a term not exceeding six (6) months in default of payment. Further, the occupier of the premises on which the offence of violating public peace took place, may also be liable, if he or she was present at the time the offence was committed and failed to take all reasonable steps to prevent its commission. Similarly, the owner and/or occupier of the equipment will also be liable if he or she was also present, and failed to take all reasonable steps to prevent the offence.
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18. PLACES OF AMUSEMENT REGULATIONS A place of amusement is defined in the Regulations as any place which is open to the public, whether for a fee or free of charge, for the purpose of entertainment, including a cinema, dance-hall, club, open air dance venue, amusement arcade, festival, discotheque or skate ring.