By Marlon Madden
Individuals could soon be fined as much as $5,000 or thrown in prison for a yet-to-be disclosed term for leaving a noisy kite flying overnight.
This announcement came from Attorney General Dale Marshall during a press conference at Ilaro Court on Friday, and months after numerous complaints from residents across the island especially on radio call-in programmes about noisy kites being flown at night.
Marshall told journalists that amendments have been made to the Minor Offences Act to accommodate the penalties related to the popular Barbadian pastime.
The legislation is expected to be laid in Parliament next Tuesday.
Pointing out that “a large segment” of the population has been “agitating” about the nuisance of loud kites flying over their houses at night, Marshall gave the assurance that authorities have heard their cries and were responding.
“We have made some amendments to the Minor Offences Act, and we are therefore going to be laying in Parliament on Tuesday, a piece of legislation, which for the first time, will attempt to bring some abatement to that dreadful nuisance that affects so many Barbadians,” Marshall announced.
He explained that the amendment will make provision for individuals to fly a kite “as long as you want so long it does not have a ‘bull’.
“We all know that is what keeps the noise and that is what causes the nuisance.
“The essence of this is that at 7 o’clock in the night that kite has to come down and it cannot be flown again until 6 the next morning. So that between 7 o’clock at night and 6 o’clock in the morning any person who flies a kite with a bull or any other kind of noise-making apparatus will find themself afoul of the law. They will be subject on summary conviction to a fine of $5,000 or possibly to imprisonment.
Pointing out that the Mia Mottley led administration was keen on using imprisonment as a last resort, Marshall quickly indicated that the law also makes provision for a fixed penalty of $500 to be paid forthwith by an individual who is found guilty, with no jail term.
He explained that the decision to amend the Minor Offences Act and introduce the provision, was recommended by the Law Reform Commission, based on a report it presented 18 months ago after looking into the issue.
“While this may seem small in the scheme of things, I have received numerous letters from Barbadians who complain about the noise and the kites seem to sit directly above their house and is up all night and they simply cannot sleep,” said Marshall, who said this could have serious effects on one’s health.
Marshall, who was speaking during the first of what has been promised would be regular post-Cabinet press briefings, said he was hoping that this section of the law did not have to be enforced.
He said he believed the amendments, once passed, would “go a long way towards satisfying the need for peace and tranquillity to our citizens who are trying to get some rest at night”. marlonmadden@barbadostoday.bb
