From the Constitution of the Commonwealth of Puerto Rico:

 

"…The democratic system is fundamental to the life of the Puerto Rican community; …

 

We understand that the democratic system of government is one in which the will of the people is the source of public power, the political order is subordinate to the rights of man, and the free participation of the citizen in collective decisions is assured; …

 

Section 7. The right to life, liberty and the enjoyment of property is recognized as a fundamental right of man. …"

 

The issue at Playa Santa is "The Enjoyment of Property."

 

For each to enjoy his/her property, RESPECT, comes to play.

 

Hence, the regulation of law.

 

Enforcing the Constitution of Rights in Puerto Rico, the Evironmental Equality Board has outlined limits by the law for respectful enjoyment of sound.

It's very simple regulation.

• No outdoor amplified sound after 10PM

• The sound level crossing the property line of a business in Playa Santa is limited to 70 dB to 60 dB.

The problem is enforcement.  What to do when a violation occurs?

The simple solution is RESPECT.

 

When respect fails, it is the obligation of government, via the Constitution, to enforce the law.

 

Complicating this is a layered enforcement approach.

The State obligations are outlined by the Commonwealth starting below, and followed by the less specific Guánica Code of Order.

Commonwealth of Puerto Rico
Office of the Governor
ENVIRONMENTAL QUALITY BOARD
REGULATION OF THE ENVIRONMENTAL QUALITY BOARD
FOR THE CONTROL OF NOISE POLLUTION
AMENDED VERSION

3.1.3 -  Radio, Musical Instruments, Juke Boxes, Amplifiers and Similar Devices

No person shall cause or permit the use or operation of any radio, musical instrument, juke box, sound amplifier or any similar device for the production or reproduction of sound in such a manner that it may cause noise pollution across a property boundary, or within quiet zones, in violation of the noise level limits set forth in Section 4.1.

3.1.4 - Exterior Loudspeakers, Public Address Systems, and Similar Devices

No person shall install, cause or permit the use or operation of any exterior loudspeaker, public address system, or similar device in a fixed or mobile position on the outside of any structure or motor vehicle, that exceeds the permitted maximum levels under Section 4.1, and such devices shall not be used for commercial purposes during the nighttime period.

Nighttime
Period between 10:01 P.M. and 7:00 A.M.

Property Boundary
The contiguous limit of the sound generating site.

ARTICLE IV – NOISE EMISSION LEVELS AMONG ZONES

4.1 Sound Level Limits

No person shall permit or cause the emission of any sound, which upon crossing the property boundaries of the sound source site shall exceeds the limits set forth in Table I, as measured at or within the proper receiving zone, as these zones are defined in Article I:TABLE I

 

From the Guánica Code of Public Order:

Article 0.5 prohibition of unnecessary noise

All unnecessary noise from cars, commercial establishments or motor traffic without the required silencer is prohibited. Radios, televisions, TVs, music systems, vehicles, loudspeakers, similar devices or any other sound-producing instrument shall not be operated in such a way as to cause unnecessary noise, except for ambulances, Fire Brigades, Municipal Police, State Police, Office of Emergency Management and religious, political or cultural campaigns.

Unnecessary noise of air or electric horns, whistles, alarm sounds, firecrackers, shouts, loudspeakers and any other such thing by mere whim or unjustified cause is prohibited.

 

The Relief We Seek is RESPECT and ENFORCEMENT!

The posted Guánica Code of Order, with very dis-respectful bullet holes:

http://www.PlayaSanta.org