Muffler suppliers back anti-noise ordinance

The City’s major suppliers of motorcycle mufflers and silencers are fully backing up the drive of the city government against noisy motorcycles.

Those invited to the Sanggunian session last Wednesday were the managers of F and F O suppliers, Ramas Uypitching Sons and motorist enthusiast former councilor Dan Dan Leon.

They told the city councilors that if banned by the city and if only to avoid circulating gadgets that make noisy motor cycles, they will support such measures for the public good.

The issue of “restraint of trade” was sidelined in favor of pubic interest.

The crucial discussion centered on how to effect an arrest of a noisy motorcyclists who disturb the pubic peace.

The councilors were debating on the principles of en- flagrante delicto, caught in the act, the abatement of nuisance, the right to due process and the right of people to live in peace and less noice.

They also said that “noise” is relative. Thus the element of abating public nuisance came into play too.

The definition of abatement of nuisance also came in.

Legal dictionaries definitions: ABATEMENT: is Putting an end to something; NUISANCE: is an annoying thing or person

An abatable nuisance is a nuisance that is very easily removable. A nuisance is a substantial interference with the right to use and enjoy the use of something.

Such interference may be intentional, negligent or ultra-hazardous in origin. If a nuisance interferes with another person’s quiet or peaceful use of his/ her property, a lawsuit may arise for damages and/ or an injunction ordering the person or entity causing the nuisance to stop or limit the activity.

The defendant’s activity should result in the nuisance. Abatement of a nuisance may involve elimination of a nuisance by removal, repair, rehabilitation or demolition.

The aggrieved party may lawfully cure an abatable nuisance without notice to the liable party. An example is cutting of overhanging tree branches.

An abatable nuisance is not permanent. Like stopping a noisy motorcycle or an annoying neighborhood videoke.—

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