A 67-year-old man grew tired of the disturbances caused by his neighbor, a 29-year-old mechanic, almost every day while repairing vehicles in front of his house in the San José parish of the Libertador municipality in Caracas. The conflict erupted because the young man didn't appreciate the complaints, turning the dispute into a neighborhood commotion.
Officer Yarbeily González of the Bolivarian National Police Force explained to Últimas Noticias who received the elderly person at the Community Care Office of the Community Police Service of the San José parish.
The resident reported that his neighbor would bring his sound system out onto the sidewalk, disrupting not only the peace and quiet of the neighborhood but also pedestrian traffic. The complainant added that he suffers from hypertension, and these daily disturbances, especially at night, became even more stressful. He could no longer sleep through the night because of his neighbor's parties, and his health was beginning to suffer.
What seemed like a simple noise complaint escalated into a shouting match and verbal altercation that kept half a block of the neighborhood on edge. The man recounted that one day he again asked the young mechanic to turn down the music and put away the sound system because it was obstructing the sidewalk. However, the young man, who was repairing a car at the time, said he had the right to relax during and after work. The man persisted, but the young man began yelling obscenities and threatening to beat him up if he continued to bother him.
The man said it wasn't the first time he'd been insulted by his neighbor, but he'd never been threatened with physical violence before, which made him very worried, since he lives alone with his elderly wife. This incident prompted him to seek police help.
Officer González admitted that when the case arrived at the parish police station, she determined that dialogue was necessary to resolve a situation that had been affecting residents of the capital city for quite some time. She decided to invite both parties to a mediation process.
Mediation. The meeting took place in the neighborhood conflict resolution room, where the mediator used the technique of uninterrupted dialogue. For two hours, each party presented their side of the story, while González took notes on the key points and repeated them aloud to ensure both parties heard each other's version.
The victim reiterated that the exchange of insults had become as harmful a habit as the noise itself, but the recent threats had him more worried. For his part, the accused acknowledged that his sound system was loud, but said his defensive attitude stemmed from feeling harassed by the man, as well as by the rest of the community who were now pointing the finger at him because of his neighbor's gossip. He asserted that his work as a mechanic was already demanding and that he was only looking to relax at the end of the day, with no intention of harming anyone.
The official reminded them that the Citizen Coexistence Ordinance establishes economic sanctions for disturbing noises, but insisted that the definitive solution could only come from a voluntary agreement between the parties, since a fine would silence the noise for a day, but not the grudge.
Commitments. González intervened to encourage those involved to contribute proposals that would help them reach an agreement that would benefit both parties and, of course, the other neighbors who had already expressed their concerns. After several rounds of negotiation, where schedules and specific commitments were discussed, tensions eased and both parties agreed to sign a restorative commitment agreement in the presence of neighborhood witnesses who came to the conflict resolution room and offered to act as guarantors of peace.
The defendant was ordered to lower the volume of his sound system after 9:00 p.m. He was also instructed not to place it on the sidewalk to avoid fines for obstructing traffic.
The applicant was advised to go to the police if he noticed his neighbor repeating the offense, while both agreed to respect each other and avoid verbal aggression.
Regulations. The police officer stated that the case was resolved thanks to the application of existing regulations regarding excessive noise, as outlined in the Ordinance for Citizen Coexistence, Civic Responsibility, and Community Justice of the Peace of the Libertador Municipality in Caracas. The regulations stipulate fines starting at 30 euros for those who violate the provisions of the municipal ordinance.
This can result in the temporary confiscation of the device that produces the sound. The regulations also penalize the obstruction of pedestrian walkways.
The legislation in detail
- Annoying noises. Article 11 of the Ordinance for Citizen Coexistence, Civics and Community Peace Justice of the Libertador municipality defines it as the emission of sound produced by any activity or process, which exceeds the levels of tolerance admitted, which cause discomfort to the health of the population and disturb the environment.
- Behaviors. The regulations contemplate in article 13 general duties for neighborly coexistence, among which is preserving public order, avoiding disturbances and annoying noises; likewise, avoiding conduct or activities in the use of movable or immovable property, which cause annoyances or alterations to social peace.
- Prohibitions in neighborly relations. Municipal regulations urge all persons, in their capacity as neighbors, to comply with civic duties, such as avoiding disturbing noises or other manifestations of sound disturbance that disrupt public order or alter the peace of the neighborhood.
- Road obstruction. An act that obstructs vehicular and pedestrian traffic is considered to be any act carried out intentionally through the use or placement of movable objects, as well as any structure.
