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noise level problem

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asked on Dec 17, 2020 at 11:55
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i have an issue with noise-sensitive neighbor who kept on calling the cops over little noise.
I was forced to turn the volume down to a rather unpleasant listening experience, i will like to know does it violate my right.

does Malaysian laws specify about what is the permissible sustaining noise level in residential area by day and night?
section 13 in act 336 seems pretty vague though...
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5 Answers

answered on Dec 17, 2020 at 13:05
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edited Dec 17, 2020 at 14:01
by   jeff005
Sound is measured in decibels (dB). A whisper is about 30 dB, normal conversation is about 60 dB, and a motorcycle engine running is about 95 dB. Noise above 70 dB over a prolonged period of time may start to damage your hearing. Loud noise above 120 dB can cause immediate harm to your ears.

section 13 in act 336 seems pretty vague though...
That is what you think and is not what I think and not my thingy.. Minta maaf.. my personal rights to comment hearby too. No offense pun..

My fav foods is chicken neck /legs, cow and pork fried small and large intestines, where my children finds it repulsive. Do I stop eating them?

One of my son is a loud music lover, do I stop him from playing at home whereby I have sensitive hearing issues (migraine) ...

Buy wireless headset and the problem is solved. Play as loud as possible until one's eardrum burst oso nobody care. One man's meat is another man's poison.

One person's right is acceptable in a court of law but when it is infringed into the rights of others, cannot be condone either.

Constitutional Rights  NOT TO  wear masks during this Covid-19 Pandemic :

16 Dec 2020

USA 247,000 confirm cases in one day.

Spain, France, Germany, Netherlands is in complete lockdown from yesterday.
Explain what is personal rights to the families of those who died..!!
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answered on Dec 17, 2020 at 15:03
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hi jeff,
No i didn't mean to play loud. It is just that i'm used to incorporate noise aids for my own relaxation (sleeps and meditation) especially by night. It helps to masked out distracting sound and also trigger certain kind of pleasant sensation.

The example of sound i usually play through out the night:
https://www.youtube.com/watch?v=LMmuChXra_M
https://www.youtube.com/watch?v=ijtuXgFhRIc

I'm not willing to use headset because the low frequency doesn't feel right.

Having measure with db meter, it didn't exceed 40db from my listening position, while almost inaudible from outdoor as the ambient noise level is greater. Even the cops agreed i wasn't playing loud but added that the neighbor does not want to hear noise from my house which is said to disturb their sleep...yet their water pump sound is far louder.

From the surface of the issue, it tend to appear pretty subjective as what people can tolerate or prefer. It is only helpful if there is a clear objective measurement of what noise level is considered annoyance. Hence to repeat my question: does Malaysian laws specify about what is the permissible sustaining noise level in residential area by day and night?
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answered on Dec 17, 2020 at 17:49
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edited Dec 17, 2020 at 17:53
by   jeff005
LAWS OF MALAYSIA 
Act 336 MINOR OFFENCES ACT 1955 
Incorporating all amendments up to 1 January 2006

NUISANCES

Section 13

Excessive noise 
13. (1) Any person who— 

(a) beats within the limits of any town or village between the hours of midnight and 6 a.m. or in any public road or public place at any hour, a drum or tom-tom, or blows a horn or trumpet, or beats or sounds any instrument or utensil in such a manner as to cause annoyance or inconvenience to occupants of any premises in the vicinity; or 

(b) operates or causes or suffers to be operated any gramophone or wireless loud speaker or pianola or other form of music mechanically or electrically produced  in such a manner as to cause annoyance or inconvenience to occupants of any premises in the vicinity; or 

(c) operates or causes or suffers to be operated in or near any public road or public place or in any shop, business premises, building or place which adjoins any public road or public place any gramophone or wireless loud speaker or any other instrument whatsoever for the production of noise or music in such a manner as to cause annoyance or inconvenience to occupants of any premises in the vicinity, shall be liable to a fine not exceeding one hundred ringgit. 

(2) Any police officer not below the rank of Inspector, on the complaint of a house holder that the noise of any such instrument is dangerous to any sick person living near the place where such instrument is being operated, or for any other good and sufficient reason, may enter upon the premises or other place where the instrument is being operated, and after warning stop the same, either by the removal of the instrument or in some other appropriate way. 

(3) Nothing in this section shall apply to any music played by any of the armed forces of Malaysia or by any local force or visiting force or by the police force or to any call, prayer or other sound produced for religious purpose or to police whistles blown by any person for the purpose of calling assistance or to the reasonable use of any horn, bell, whistle or similar appliance on any motor car, bicycle or other vehicle on a public road for the purpose of avoiding an accident, or to anything done with the permission of the Chief Police Officer.
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answered on Dec 17, 2020 at 18:16
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like i said, it is vague in the sense that it does not state an objective measurement to define how loud is loud. Without objective measurement, what is considered annoyance is just a matter of subjective perception.

in other country: 
"Unreasonable, loud, or excessive noise shall be defined as noise measured in excess of 50dBa between the hours of 6:00 p.m. and 7:00 a.m. when measured not closer than the lot line."
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answered on Dec 17, 2020 at 21:09
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edited Dec 17, 2020 at 23:20
by   jeff005


I would 100% agree with you that the above vdo stated above as in : https://www.youtube.com/watch?v=LMmuChXra_M  is not "loud" music nor "noise" but just merely "repetitive religious chantings". 

However, I do remember that i,m inside Malaysia and not as "in other countries". I shall abide to The Laws of The Land  even it is defective at times and under different circumstances which is different from other more advanced countries.

The Gists of the above Contents :

1.  noise level problem
2.  section 13 in act 336
3.  violate my right.
4.  i didn't mean to play loud (means you did play it loud "before")
5.  usually play through out the night: (admire your religious dedication).
6.  It helps to masked out distracting sound (noise sensitive - u oso?)
7.  I'm not willing to use headset

"does Malaysian laws specify about what is the permissible sustaining noise level in residential area by day and night? "

NO.. not that i,m aware of. Any feedback from the floor?

I apologize i may had misunderstooded the contents above and may have given wrong opinions.

Please excuse me as i,m a poorly educated person and not  in the legal arena, and will sure to lose into any "fights" against Principles of Malaysian Laws.

Therefore, I shall make a pass  on this question and shall leave further comments to the lawyers, senior forumers and the esteem Avengers Malaysia.

bYebYe..
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