Giulio Benedetti

The mayor effectively protects public peace by issuing, in accordance with law 447/1995 and the municipal regulation, anti-noise ordinances whose requirements must be observed by those ordered.

Nocturnal noises

The order-injunction that had been issued by the mayor whose local police had ascertained the violation of the municipal regulation regarding disturbance of the public peace of a place. The court reversed the first sentence that had upheld the opposition, as the appellant had not adopted all the appropriate measures to undermine public peace considering that the customers were stationed outside the business, at night, shouting and shouting. The manager appealed to the Supreme Court raising two reasons, while the Municipality resisted with a counter-appeal. The first reason was that the Court had erred, as his behavior had been correct as he had observed the condominium regulations which did not require him to supervise the behavior of the patrons. The second reason was that the sentence made the appellant responsible for monitoring customers which he had delegated to some of his collaborators.

The manager's obligations

The judge of legitimacy in order 21097/2011 declared the appeal inadmissible and condemned the appellant. The Supreme Court established the following principles:

- the manager of the venue has a dual obligation, imposed on him by the municipal regulation, to make customers aware of noise reduction and to carry out adequate information inside and outside the venue;

- the affixing of information signs outside the premises is not sufficient for the manager to comply with the obligation to adopt all appropriate measures to contain the disturbance to public peace;

-the presence of collaborators is not sufficient to achieve the result, since on the one hand it has not been proven, on the other it could not exclude the responsibility of the manager who did not adopt the behaviors necessary to avoid the excesses of the customers;

- the manager of the place had the obligation to prevent the noise that occurred late at night.

The sun 24 hours

Wednesday 22 September 2021 - N.260