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24 December 2024

New Laws Aim To Curb Fireworks Noise Pollution

Communities push for stricter enforcement to protect vulnerable populations from fireworks disturbances

During festive seasons, fireworks are often synonymous with celebrations. Yet, noise pollution from explosive fireworks poses significant challenges, especially for vulnerable groups like individuals with autism, the elderly, and pets. Recent legal restrictions aim to mitigate this problem, limiting the use of particularly loud fireworks across various regions.

Since 2023, Brazil's Distrito Federal has enacted regulations prohibiting the handling, use, and sale of fireworks exceeding 100 decibels—measured from 100 meters high. This joint ordinance, published by the Secretariat of Public Security and Brasília Ambiental, restricts fireworks at events involving animals or near sensitive areas such as zoos, sanctuaries, and parks. The measures reflect the government's intention to create quieter, safer environments for those adversely affected by loud noises.

Simone Moura, the superintendent of Environmental Monitoring and Enforcement at Brasília Ambiental, remarked, “Since the law was regulated last year, all events using fireworks must obtain permits.” She explained how the police's Division of Arms, Ammunition, and Explosives (Dame) manages these authorizations, and highlighted the agency's role in monitoring compliance. Despite these regulations, Moura noted, “There were no penalties for noise violations this year, only one for usage at restricted locations.”

Further afield, the situation is different. Vilhena, another municipality, has been facing challenges enforcing its local and state bans on noisy fireworks. Despite the presence of laws like the Complementary Law No. 313/2023, which characterizes the use of loud fireworks as “disturbing the peace,” many citizens still ignore these regulations due to insufficient oversight. This has stirred frustration among local residents using social media to voice complaints, particularly from parents of autistic children and animal welfare advocates.

The Vilhena legislation, enacted on February 23, 2023, aims to safeguard vulnerable populations, targeting those affected by noise, such as autistic individuals, the elderly, and pets. It complements state law No. 5.623/2023, sanctioned by Governor Marcos Rocha on September 22, 2023, which not only bans explosive fireworks across Rondônia but also specifies exceptions for fireworks producing only visual effects without noise.

The failure to comply with these laws prompts significant penalties, including the confiscation of illegal fireworks and fines, which may double for repeat offenders. This dual-layered framework—local and state regulations—illustrates the need for stringent enforcement to achieve compliance effectively and protect community welfare.

According to Article 42 of Brazil's Penal Contraventions Law (LCP), disrupting the peace or work of others is punishable. This includes disturbances caused by loud professions, excessive noise from sound instruments, or failure to prevent noise generated by one’s pet. Penalties range from 15 days to three months of imprisonment or fines depending on the infraction's nature.

Community leaders and local officials are advocating for increased awareness and stricter enforcement to educate citizens about these laws and their significance. Wilson Tabalipa, the author of Vilhena's complementary law, stated, “We must prioritize the well-being of our community, especially those the loud noises affect the most.”

This sentiment resonates as citizens call for effective action to uphold the laws and promote more peaceful festivities. Citizens are left appealing for compliance with regulations intended to improve their quality of life.

The experiences faced by Vilhena and the Distrito Federal shed light on the wider issue of noise pollution and public health, prompting discussions on responsibility and communal respect during celebrations. Just as people enjoy fireworks at year's end, the need for safeguarding the quiet and well-being of all individuals, including vulnerable communities, is underscored, demonstrating the importance of balancing enjoyment with respect for shared spaces.

Despite legislative measures, the disparity between law and practice remains, indicating the necessity for rigorous monitoring and citizen cooperation. This multifaceted approach may eventually lead to clearer skies—and quieter celebrations—for all.

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