The acting Ombudsman of Spain, Francisco Fernandez Marugán, has asked the president of the Spanish Federation of Municipalities and Provinces (FEMP), Abel Caballero, to urge municipalities to extreme environmental control during the Christmas celebrations.
The Institution has made five recommendations, concerned about the potential nuisance (noise and dirt) that may be generated during the Christmas celebrations, both on the public streets and in hospitality locals.
Thus, the Ombudsman has recommended the FEMP to ask the federated municipalities to make public the list of premises that have authorization to conduct Christmas events, with information on permitted times and seating capacity of them.
The Institution considers it necessary to ensure through municipal control that during Christmas celebrations, installations on the road and in public spaces without authorization are not allowed, and that periodic checks are carried out to ascertain any possible nuisance.
It has also requested that when granting a license, the characteristics and circumstances of the spaces in which it is intended to install equipment, carry out parades and concerts or implant attractions should be assessed, and that timetables should be restricted or the lesser occupation of surface should be authorized when the circumstances so advise.
The Ombudsman has also requested that checks and measurements be carried out at times of maximum activity and that these be carried out without delay when a complaint is received and without prior notice to the owner or promoter of the activity. In this sense, and in the cases of municipalities that do not have the material means to measure, the Institution reminds that “annoying noise” is that which does not need to be measured to establish that it is intolerable.
Finally, it has recommended that the principle of proportionality of a municipal decision (on urgent, precautionary and corrective measures in annoying activities, or on the imposition of fines and compensation) be applied not only to the owners or organizers of annoying and polluting activities, but also to those affected by the annoyance and damage.
