Advice for Noise Complaints
Noise from Alarms
Local authorities do not maintain databases of key holder contact details or security codes for alarm systems. Wexford County Council staff are not empowered to:
- Enter any property to disable an activated intruder or car alarm
- Isolate any electrical supply to an activated intruder alarm
- Release ownership, occupancy or any other contact details in respect of a property
It is the responsibility of property owners /occupiers to ensure that:
- Alarm systems are maintained and perform as intended.
- Effective response mechanisms are put in place for the event of activation.
European Standard EN51031 requires that alarms fitted since September 2003 sound for at least 90 seconds and no more than 15 minutes. However, this standard does not apply retrospectively to alarms fitted before that date.
Noise from Animals (including barking dogs)
Complaints in relation to excessive barking should be made to the District Court.
Section 25 of the Control of Dogs Act, 1986 specifically enables any person to seek a legal remedy in the District Court in respect of perceived noise nuisance from barking dogs.
Under Section 108 of the Environmental Protection Agency Act, 1992, as referred to previously, an individual may also instigate legal proceedings in respect of perceived noise nuisance attributable to animals.
The Environment Department investigates complaints received in relation to dogs barking in the context of potential licencing and animal welfare concerns.
The Control of Dogs Act empowers local authorities to seize dogs in certain circumstances and under general animal welfare legislation, neglect of animals may result in a criminal conviction, custodial sentence and publicity in the media.
Animal Noise Related Legislation
Noise from roadworks
All road works must have a permit that is issued by the Roads and Traffic section of Wexford County Council. The times permitted vary depending on permit. Contact Roads and Traffic by email roadsadmin@wexfordcoco.ie or Customer Service Unit at 053-9196000.
Noise Nuisance from Public Houses, Clubs etc
Under intoxicating liquor legislation, venues that serve alcohol such as public houses, nightclubs etc. are regulated under a licencing regime administered by the District Court.
Local authorities have no role in enforcing this legislation and cannot amend or countermand a court order.
If you have any concerns about noise from licenced premises, you should, in the first instance contact the management of the premises before considering the options outlined below.
Licences are renewed annually by application to the court and anyone deemed to be directly affected by the operation of premises may make representations at the relevant hearing if he/she wishes to register a concern or object to the granting of a licence.
Special Exemption Orders to allow for late-night opening up to 02:30 are also granted on application to the District Court, a number of days in advance.
A member of the public may make representations to or lodge an objection with the issuing court if he/she has a concern about such an order being granted.
Noise from Bird Deterrents/ Scarers (Crow Bangers /Audio Recordings)
A significant portion of farmland in Wexford is used for growing crops and our temperate climate allows for outdoor dining for a considerable stretch of the year; it is understandable that farmers and Restauranteurs take measures to protect their livelihood. However, it should be borne in mind that the use of scarers has the potential to cause perceived noise nuisance for the occupants of nearby dwellings.
There is no statutory regulation of these devices in the Republic of Ireland at present. However, a Code of Practice has been published by the UK National Farmer's Union (NFU). https://www.nfuonline.com/news/protecting-your-crop-nfu-bird-scarers-code-of-practice/
Wexford County Council would recommend that businesses using these devices, adhere to this Code of Practice.
Noise from Neighbours and General Noise in Urban Areas
Local Authority employees are not empowered to deal with noise nuisance caused by individuals behaving in a loud or rowdy manner. When such instances occur on a public thoroughfare, a public order offence may be committed and should be dealt with by An Gardaí Síochána at your local Garda Station.
There are many potential sources of noise to be found in an urban environment.
Members of the public wishing to report perceived noise nuisance from neighbours, are in the first instance, advised to make every effort to resolve the issue with those concerned, and to read the Environmental Information Service Guide to the Noise Regulations (See section below).
The Free Legal Advice Centres (FLAC) has produced an information pamphlet: Neighbour Disputes which should also be consulted in this context (see link at end of page).
Where the property is rented, the landlord should also be contacted and advised of the perceived nuisance. If the property is owned by Wexford County Council, the Council's Housing Department may be able to assist in the context of the conditions of the tenancy agreement with the occupants.
Noise from traffic, sports events and construction activity is, by its nature, concentrated in urban areas. Some construction activity and road works (emergency and planned) are undertaken at night-time to reduce disruption to daytime traffic and utility service provision, particularly in town centres and other traffic-sensitive locations such as major roads.
Furthermore, certain private undertakings such as contractors providing construction, waste, drain cleaning or tree pruning services are obliged to operate in certain areas of urban areas at certain times only so as to reduce the impact on passing traffic.
Wexford County Council does not automatically require noise control measures to be taken where the relevant activity is deemed necessary unless it can be shown to reasonably implement such measures.
Householders wishing to make a complaint about perceived noise nuisance should make every effort to keep a log of all instances of the alleged nuisance (a blank log sheet is available on this web page). Householders should bear in mind however that in the event of any legal proceedings being taken by the Council, “due process” will most likely require their attendance in court as witnesses.
Traffic noise
The Air Pollution Monitoring & Noise Control Unit does not deal with complaints about traffic emissions. Public Transport emission queries are dealt with by An Gardaí Siochána, Wexford Garda Station, Mulgannon, Wexford 053-9165200.
Aircraft noise
Aircraft noise is exempt from the Environmental Protection Agency Act 1992.
Complaints about aircraft noise should be directed to the relevant airport authority or the Irish Aviation Authority in the first instance.
Vibration
While sound is a manifestation of vibration, issues relating to perceived vibration nuisance or possible vibration damage to property, are outside the remit of the Council.
If you have such concerns, you should contact the party responsible for the vibration and seek to resolve the matter bilaterally. You also have the option of seeking a legal remedy through the civil courts.
As a general rule, Wexford County Council will not involve itself in such cases.