Bér Sheva Municipality Ordered to Compensate Residents for Noise and Disturbances
A couple in Beer Sheva has been awarded compensation by a small claims court after suffering from ongoing disturbances caused by a local supermarket, City Market, operating beyond its legal hours. The residents, Liat Levi Dayan and Yosef Golekrov, living on Nachal Haver Street, claimed the supermarket's late-night operations led to sleepless nights due to loitering youths, noise, and early morning delivery trucks blocking their building entrance. They sued the Beer Sheva Municipality, arguing the city was aware of the problem but failed to adequately enforce regulations.
The court found that the supermarket had been violating opening hours for approximately four years, a fact not denied by municipal representatives. Evidence presented included the couple's testimony about the persistent, daily disturbances, with Golekrov noting his four-year-old daughter had never experienced sleeping with an open window. Levi Dayan described fear during summer evenings and offered to show city inspectors the relevant bylaws.
Despite issuing over 600 fines to the business and another owned by the same proprietors over four years, the municipality's enforcement efforts were deemed insufficient. A municipal inspector admitted he was unsure if the fines were actually paid or if collection proceedings were initiated. The judge contrasted this with the city's effective action in a separate case involving noise from air conditioners, where an administrative cease-and-desist order quickly resolved the issue.
In her ruling, Judge Rachli Tiktin emphasized that the municipality failed to consider alternative enforcement measures beyond issuing fines, such as business licensing procedures or threatening license revocation, despite the ineffectiveness of repeated fines. The judge stated that when administrative measures fail, authorities must consider other options, and failing to do so can be a procedural flaw justifying judicial intervention. The compensation awarded to each resident was 7,000 shekels for distress, plus 500 shekels in court costs, totaling 7,500 shekels per person.
