Madina musical advertisement nuisance punishable by a fine of GHC 3000 or 3 months in prison: Did you know?
“A person shall not play or cause to be played any recorded music in public for advertising purposes so as to cause a nuisance to the public.”
Has it ever crossed your mind or have you come to terms with the level of noise caused by musical adverts from shops and cars that you experience in the Lankwantanang Municipal Assembly (Madina) from morning to evening daily?
And did you know that most of those shops and advertisements-making herbalists in vans could be operating contrary to the law?
Well, there exist a bye-law in the Lankwantannag Municipality where Madina is the chief city, of a 2017 bye-law which bars people from causing a nuisance to the public by way of using recorded music for advertisement purposes.
It states;
“A person shall not play or cause to be played any recorded music in public for advertising purposes so as to cause a nuisance to the public.”
Further to the above, the bye-law indicates that;
“A proprietor or person in charge of a night club, restaurant or drinking bar or other places of refreshment or entertainment, church or worship center shall not play music at the place so as to cause a nuisance to the public or residents in the area.”
Did you also know that the Lankwantanang Municipal Assembly has proscribed the use of any place for the sale of records or other recorded music unless the place has been inspected, approved, and licensed by the Assembly?
Additionally, residents, traders, and inhabitants in the Madina area are not to make noise beyond certain limits.
“A person shall not make noise within the jurisdiction of the Assembly beyond.
a. 55 dB in residential areas between 6:00 am and I0:00 pm, and 48 dB between I 0:00 pm and 6:00 am,
b. 55 dB in Educational and Health institutions and facilities, between 6:00 am and 10:00 pm, and 50 dB between 10:00 pm and 6:00 am,
c. 60 dB in commercial areas or light industry, between 6:00 am and 10:00 pm, and 55 dB between I 0:00 pm and 6:00 am,
(d} 65 dB in areas with light industry, place of entertainment or public assembly and place of wor ship like churches and mosques, between 6:00 am and 10:00 pm, and 60 dB between 10:00 pm and 6:00 am,
e. 75 dB in predominantly commercial areas, between 6:00 am and 10:00 pm, and 65 dB between 10:00 pm and 6:00 am,
f. 70 dB in light industrial areas, between 6:00 am and I 0:00 pm, and 60 dB between I0:00 pm and 6:00 am,
g.70 dB in predominantly heavy industrial areas, between 6:00 am andl0:00 pm, and 70dB between I0:00 pm and 6:00 am.”
How many of us who stay within the Madina enclave or trade there or even throng the place daily for various purposes, can attest to the fact that the residents are really complying with the above?
Also, premises that have even been issued with licenses to sell musical records or music are not even left out.
According to the by-law;
“They shall have such gadgets and instruments to eliminate any loud noise to the public.”
Of course, Religious Institutions are not left out of this. To them, the by-law of the LANMA expects them to among other things;
“Not to play or cause to be played music beyond the recommended pitch or seek permission from the Assembly in writing when it is conducting a service where music is to be played before 6 am or after 12: 00 pm.
Above all the above, the Assembly has stipulated punishments to be meted out to recalcitrant or those who falter which is that;
“A person who contravenes any provisions of these Bye-laws commits an offense and is liable on summary conviction to a fine of two hundred and fifty penalty units or a term of imprisonment not exceeding 3 months or both. Forty percent (40%) of the fine imposed shall, on payment, be ceded to the Assembly."
In the case of a continuing offense, the offender is liable to an additional fine of I penalty unit in respect of each day on which the offense continues. Forty percent (40%) of such accumulated fine shall, on payment, be ceded to the Assembly.”
The big question now is how many of those who are violating these provisions in the by-law, have actually been dealt with despite the fact that most of these noise and activities proscribed in the by-law are actually happening day in and out in the Lankwantanang Municipality?
As a resident living in the Libya Quarters area, I hear from my bedroom each dawn, the sound of the music being used as an advert by an entity, which actually wakes me up every morning.
Could it be that the residents of Madina are not aware of this all-important by-law drafted with taxpayers' money?
All these factors cannot be mutually exclusive though.
We, therefore, call on the Lankwantanang Municipal Assembly(LANMA) to do everything possible to make the residents know about these provisions in order to comply fully.
That notwithstanding, if any falter or pooh-poohs on it too, the same should never take chances in making them face the real music.
