Noise and my experience with Waikato District Council
I’m a rate payer of 22 years at my present address, I’m self employed and live and work on my property.
My complaint concerns caged exotic birds; attempts to produce noise level readings by the WDC revealed that their equipment was inadequate.
Hegley acoustic consultants were eventually required to perform noise level reading over a period of 3 days, a trial run of the equipment was performed
(approximately 10 minutes) and noise levels exceeded WDC requirements! No WDC staff were present and the acoustic technician informed me that a breach had
occurred, he continued to finalize the set up of equipment and then left me responsible for the expensive devices until his return 3 days later.
Following the 3 day period I was informed by the WDC that the number of birds where to be reduced to 35?...Im not quite sure how the council enforced this
reduction as no copies of paperwork where ever produced.
There was no attempt at a second noise level reading to confirm that reduced bird numbers had solved the problem and I was refused copies of noise level records
and/or the outcome of Hegley acoustic consultant's findings.
WDC refused to do anything more about the noise/state of the birds/cages even though I insisted the noise and conditions still breached WDC by-laws.
A PDF document on the WDC website which documented a change in by-laws concerning the keeping of animals and their conditions, it was relevant to caged
exotic birds and appeared to allow less stringent regulations for both the birds and their owners, the file contained a list of bird breeders in the WDC area...the WDC
now deny any such document.
Eventually I raised the issue with the ombudsmen, they informed me the WDC had acted fairly although I consider the ombudsmen had overlooked some issues.
1. There was nothing in writing to finalize the outcome, no written details and certainly no proof that bird numbers were reduced and health conditions had been
improved.
2. It was overlooked that a final noise level reading was never performed.
My partner eventually left the property due to the noise and conditions, eventually my health deteriorated and I was forced to leave the property and my home
temporarily, on my return I moved into my garage/workshop some 40 meters from my home.
The noise, smell, fly's, rodents and cats increased, it appeared bird numbers had also increased due to breeding and the lack of control by the WDC, and so I began
my own noise level recordings, readings were taken over 40 meter length of the boundary fence, microphones situated 3 meters from the boundary, readings
exceeding 80dBA at various times from 6.30am through to 5pm during winter months and extended from 6.30am through to 9pm during summer...the same SPL
readings are recorded from open windows (lounge, kitchen, bedroom) of my house.
WDC staff returned using the same equipment that was inadequate originally even though I pointed out their limited equipment which had bought about independent
consultants in the first place.
Letters of complaint from 4 tenants residing in the house, several letters including a doctors certificate from myself (still living in my garage) numerous signatures on
a petition from (other) neighbours, family and visitors to my property, and eventually a family was forced to leave the property due to lack of action from the WDC.
No one will live in the house and it remains empty and a recent visit by local real estate advises that my property unsaleable due to the noise and the conditions.
WDC staff members involved range from environmental manager, noise control officers and animal control staff, indicating the lack of noise and health issues,
informing tenants and myself that birds and owners would be leaving their property with a request to tolerate the discomfort for a short period of time? noise control
staff setting up monitoring equipment at 5.30am Sunday mornings (on the property no more than 15 minutes) overlooking my supplied research that indicates noise
from 6.30am onwards, and a noise control officer admitting that he couldn't tell the difference between the sound of indigenous species and the caged exotic
birds?...at the time both indigenous species and the caged exotic birds were making noise and the conversation took place 40 meters from the boundary fence...the
statement is in effect conformation of how much noise the caged exotics birds produce.
Both myself, tenants, friends and family have had to tolerate abuse, threats, dangerous driving from oncoming (offending) neighbours vehicle on our road,
neighbours construction rubbish dumped on the property. Myself, family and tenants have had to conform to WDC by-laws concerning our own pets (complaints
from neighbours) and in one situation noise control threatened removal of our stereo (on during the day) due to complaints from the same neighbours, and recently
the fire department arrived on my property due to an exploding aerosol can in our incinerator...fire department officers admitted the complaint from the same people,
details of the complaint revealed the neighbours concern for the well being of their birds?
If I was elderly or suffered from extreme health conditions this situation would be quite difficult, as it is my quality of life suffers due to the lack of peace in my home
and on my property, the cause of deteriorating family and friends relationships and its also a financial deficit (recording equipment, time, loss of income)
The emphasis on SPL readings should not be necessary in this situation particularly when there’s a by-law already specific to this sort of problem:
Standards Associations Of New Zealand, chapter 13, clause 1312-Noise from animal, bird or fowl
1312.1 No person shall keep within any premises any noisy animal, bird or poultry which shall be or cause a nuisance to residents in the neighbourhood.
Birds and dog...the birds are uncontrolled noise and the (neighbours) dog gets carried away when we,re near
the (2 meter high) boundary fence...at least with the dog there’s a reprieve (keep away from the fence!)
30 minutes...yes it can go on for longer than 30 minutes.
6.30am...not nice! extended version 6.30 to 7.15am >>
Noise is one thing but high frequency noise like these examples can drive people insane.
Attention...the sound files are a little slow loading and please adjust the volume to low before playing, some of the noise is intense!
The graphs below are taken from txt files and the sound pressure level logged on the same lap top using specific (and expensive) calibrated software which
is supplied with a calibrated measurement microphone.
Sound pressure level (dBA) note that these samples are only 5-6 minutes long.
dBA readings in the left column, time interval below.
* click on the image to enlarge
20-1-12 - 7.00am - Overcast day, slight breeze.
20-1-12 - 8.30am
20-1-12 - 6.00pm to 6.30pm
Abrupt sessions like these are a common daily occurrence
And this would drive anyone nuts and can go on and on and on ...
A Google Earth view, my house is 3 meters from the boundary fence, the white X indicates my microphone
placement which is relative to my house and its living quarters, differing mic locations along the boundary
fence produce similar results and sound pressure levels...the birds can be heard behind closed doors
in the workshop some 40 meters from the boundary fence.
Note also the size of the neighbouring property, more than enough room to situate bird cages away from other
peoples living quarters.
click on the images to enlarge
Im informed by the WDC I having nothing to worry about concerning health and yet I fail to see a concrete
floor (as required in a poultry cage) and obviously the bird droppings and other decaying matter are never
removed and yes these cages contain birds.
22-1-12 - 6.30am (Sunday)...2 minute recording to indicate sound pressure level
(diagram on the right-click to enlarge)
22-1-12 - 6.15am (Sunday) Overcast, cool, no breeze...birds not as excited
but still noisy.
WDC sound pressure levels requirements.
Living zone
21.18.1
Any activity is a permitted activity if it is designed and conducted so that noise from the activity measured at any
other site does not exceed:
(a) 50dBA (L10), 7am to 7pm, Monday to Saturday, and
(b) 45dBA (L10), 7pm to 10pm, Monday to Saturday, and
(c) 40dBA (L10), and 65dBA (Lmax) all other times and public holidays.
Despite the above, construction noise and emergency sirens are not subject to this rule.
Rural zone
25.17.1
Any activity is a permitted activity if it is designed and conducted so that noise from the activity measured at any
other site does not exceed:
(a) 50dBA (L10), 7am to 7 pm any day, and
(b) 45dBA (L10), 7pm to 10pm any day, and
(c) 40dBA (L10), and 65dBA (Lmax) at all other times.
Despite the above, construction noise, farming noise, forest harvesting noise, extractive industry noise and
emergency sirens are not subject to these standards and are permitted under this rule.
L10 - Noise level equalled or exceeded for 10% of the measurement period
From what I understand, night, public holidays and Sundays have noise restrictions so one could assume when dealing with the same noise source on a daily basis
that most times would be suitable to grasp some idea of the problem, if the noise source was loud music or barking dogs are SPL measurement devices utilized or
is the obvious fact enough to uphold by-laws relating to noise?
With available resources and just plain common sense it isn’t hard to figure out that animals produce noise and there are in effect numerous by-laws protecting
people from unwanted (and unnecessary) noise, with the exception of caged exotic birds it seems, understandably the Hamilton Zoo is not effected by those by-laws
although its a good place to start if one wishes to get an idea of how 3 dozen caged birds might sound, what I don’t understand is how a member of the public living
in a built up area has the same special privileges as a zoo?
WDC Website
WDC Keeping of animals
WDC Noise control
WDC District plan
WDC Living zone rules
WDC Rural zone rules
My equipment details
Although not a good recording the microphone was 40 meters from the boundary fence, outside the workshop.
Input gain set at 60%
Heres two examples produced from my SPL software, dated 4-2-12, weather conditions overcast, cool and no wind, note
dBA levels on the left, time zone(24 hour clock) at the bottom, the upper diagram shows the noise from the birds then a
short time later a brief reprieve and the lower diagram indicates ambient SPL (no noise from the birds)
7.24 to 7.40am-73.9dBA
7.49 to 7.51am-49.4dBA
Birds and dog...the birds are uncontrolled noise and the (neighbours) dog gets carried away when we,re near
the (2 meter high) boundary fence...at least with the dog there’s a reprieve (keep away from the fence!)
30 minutes...yes it can go on for longer than 30 minutes.
6.30am...not nice! extended version 6.30 to 7.15am >>
Noise is one thing but high frequency noise like these examples can drive people insane.
Attention...the sound files are a little slow loading and please adjust the volume to low before playing, some of the noise is intense!
The graphs below are taken from txt files and the sound pressure level logged on the same lap top using specific (and expensive) calibrated software which
is supplied with a calibrated measurement microphone.
Sound pressure level (dBA) note that these samples are only 5-6 minutes long.
dBA readings in the left column, time interval below.
* click on the image to enlarge
20-1-12 - 7.00am - Overcast day, slight breeze.
20-1-12 - 8.30am
20-1-12 - 6.00pm to 6.30pm
Abrupt sessions like these are a common daily occurrence
And this would drive anyone nuts and can go on and on and on ...
A Google Earth view, my house is 3 meters from the boundary fence, the white X indicates my microphone
placement which is relative to my house and its living quarters, differing mic locations along the boundary
fence produce similar results and sound pressure levels...the birds can be heard behind closed doors
in the workshop some 40 meters from the boundary fence.
Note also the size of the neighbouring property, more than enough room to situate bird cages away from other
peoples living quarters.
click on the images to enlarge
Im informed by the WDC I having nothing to worry about concerning health and yet I fail to see a concrete
floor (as required in a poultry cage) and obviously the bird droppings and other decaying matter are never
removed and yes these cages contain birds.
22-1-12 - 6.30am (Sunday)...2 minute recording to indicate sound pressure level
(diagram on the right-click to enlarge)
22-1-12 - 6.15am (Sunday) Overcast, cool, no breeze...birds not as excited
but still noisy.
WDC sound pressure levels requirements.
Living zone
21.18.1
Any activity is a permitted activity if it is designed and conducted so that noise from the activity measured at any
other site does not exceed:
(a) 50dBA (L10), 7am to 7pm, Monday to Saturday, and
(b) 45dBA (L10), 7pm to 10pm, Monday to Saturday, and
(c) 40dBA (L10), and 65dBA (Lmax) all other times and public holidays.
Despite the above, construction noise and emergency sirens are not subject to this rule.
Rural zone
25.17.1
Any activity is a permitted activity if it is designed and conducted so that noise from the activity measured at any
other site does not exceed:
(a) 50dBA (L10), 7am to 7 pm any day, and
(b) 45dBA (L10), 7pm to 10pm any day, and
(c) 40dBA (L10), and 65dBA (Lmax) at all other times.
Despite the above, construction noise, farming noise, forest harvesting noise, extractive industry noise and
emergency sirens are not subject to these standards and are permitted under this rule.
L10 - Noise level equalled or exceeded for 10% of the measurement period
From what I understand, night, public holidays and Sundays have noise restrictions so one could assume when dealing with the same noise source on a daily basis
that most times would be suitable to grasp some idea of the problem, if the noise source was loud music or barking dogs are SPL measurement devices utilized or
is the obvious fact enough to uphold by-laws relating to noise?
With available resources and just plain common sense it isn’t hard to figure out that animals produce noise and there are in effect numerous by-laws protecting
people from unwanted (and unnecessary) noise, with the exception of caged exotic birds it seems, understandably the Hamilton Zoo is not effected by those by-laws
although its a good place to start if one wishes to get an idea of how 3 dozen caged birds might sound, what I don’t understand is how a member of the public living
in a built up area has the same special privileges as a zoo?
WDC Website
WDC Keeping of animals
WDC Noise control
WDC District plan
WDC Living zone rules
WDC Rural zone rules
My equipment details
Although not a good recording the microphone was 40 meters from the boundary fence, outside the workshop.
Input gain set at 60%
Heres two examples produced from my SPL software, dated 4-2-12, weather conditions overcast, cool and no wind, note
dBA levels on the left, time zone(24 hour clock) at the bottom, the upper diagram shows the noise from the birds then a
short time later a brief reprieve and the lower diagram indicates ambient SPL (no noise from the birds)
7.24 to 7.40am-73.9dBA
7.49 to 7.51am-49.4dBA