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Construction noise disturbing the people is under the management of the environmental protection department.
Noise disturbance at construction sites is generally managed by the local environmental protection department and public security department. When the noise emitted by the construction site causes trouble to the surrounding owners, the owners can complain to the local environmental protection department and the public security department, and can also call 12369 to complain. Under normal circumstances, the construction time of the construction site must be within the specified time, if it is necessary to work continuously at night for special reasons, it must be approved by the environmental protection department at or above the county level, and it is necessary to make an announcement to the surrounding owners.
For night construction disturbances, you can file a complaint with the local environmental protection department. According to Article 30 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution, it is forbidden to carry out construction operations that produce environmental noise pollution at night in areas where noise-sensitive buildings are concentrated in urban areas, except for emergency repairs, emergency operations and continuous operations that must be required by production processes or special needs. If it is necessary to operate continuously due to special needs, it must be certified by the people at or above the county level or its relevant competent departments.
For night operations provided for in the preceding paragraph, nearby residents must be announced. Article 56 stipulates that if a construction unit violates the provisions of the first paragraph of Article 30 of this Law by carrying out prohibited construction work that produces environmental noise pollution at night in the concentrated area of noise-sensitive buildings in urban areas, the administrative department of environmental protection of the local people's government at or above the county level where the project is located shall order corrections and may be fined. According to the above provisions, you can file a complaint with the local environmental protection department.
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Construction noise at night shall be under the management of the Housing and Urban-Rural Development Commission or the Urban Management Bureau.
Of course, you can also call 110, and if you need compensation, you can go to the court to sue.
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[Legal Analysis].: Noise disturbance is under the jurisdiction of the public security organs, and you can also go to the people to complain.
[Legal basis].Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 6 The competent department of ecology and environment shall implement unified supervision and management of the prevention and control of environmental noise pollution nationwide. The competent departments of ecology and environment of the local people's governments at or above the county level shall implement unified supervision and management of the prevention and control of environmental noise pollution within their respective administrative areas. The competent departments of public security, transportation, railways, civil aviation and other departments at all levels and port supervision agencies shall, in accordance with their respective duties, supervise and manage the prevention and control of noise pollution in transportation and social life.
Article 21 The competent departments of ecology and environment of the people's governments at or above the county level and other supervision and management departments and institutions for the prevention and control of environmental noise pollution shall have the right to conduct on-site inspections of units emitting environmental noise within their jurisdiction in accordance with their respective duties. The inspected unit must truthfully report the situation and provide the necessary information. Inspection departments and institutions shall keep technical and operational secrets for the units being inspected.
Inspectors conducting on-site inspections shall present their certificates.
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1. The management of the noise nuisance department is as follows:
1) If it is the noise emitted by the interior decoration activities, the loudspeaker in the square, the noise of hawking, etc., shall be managed by the public security organ;
2) If it is noise caused by social life such as air conditioning and restaurants, it will be managed mainly by urban management;
3) If the noise is generated by an industrial company, the Environmental Protection Bureau will mainly manage it.
2. Legal basis: Article 39 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution.
If the railway that passes through the urban residential area or cultural and educational area causes environmental noise pollution due to the operation of the railway locomotive, the local urban people shall organize the railway department and other relevant departments to formulate a plan to reduce environmental noise pollution. The railway department and other relevant departments shall, in accordance with the requirements of the plan, take effective measures to reduce environmental noise pollution.
Second, how to deal with the noise disturbance.
Noise nuisance will be dealt with as follows:
1. The parties concerned may negotiate with the noise maker to deal with it, or they can report to the public security organ for handling, and the public security organ shall give the perpetrator an administrative penalty of warning and fine in accordance with the law;
2. If it causes noise and environmental pollution, it can also be ordered to make corrections by the local people's ** ecological environment department at or above the county level, and may be fined.
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Noise disturbance shall be managed by the competent department of ecology and environment or the public security organ. For the management department of Yuxun in noise disturbance, it is necessary to distinguish different types of noise. If it is industrial noise or construction noise, it shall be managed by the competent department of ecology and environment at or above the county level; If it is traffic noise or social life noise, it shall be managed by the public security organ.
[Legal basis].Article 48 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution violates the provisions of Article 14 of this Law, and the environmental noise pollution prevention and control facilities that need to be constructed in the construction project are not completed or do not meet the requirements stipulated by the state, and are put into production or use without authorization, the competent department of ecology and environment at or above the county level shall order them to make corrections within a time limit and impose fines on units and individuals; If it causes major environmental pollution or ecological damage, it shall be ordered to stop the production or use of false dismantling, or it shall be reported to the people with the right to approve for approval, and the order shall be closed. Article 54 Whoever, in violation of the provisions of Article 19 of this Law, conducts activities that produce occasional strong noise without the approval of the local public security organs, shall be given a warning or fined by the public security organs according to different circumstances.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Noise disturbances are under the control of the local environmental protection department, or you can also call the police and contact the local city administration. When residents complain about the surrounding noise, the complaint reception center of the city will transfer the complaints to the relevant competent departments according to their responsibilities according to the type of noise, and the relevant departments will investigate and deal with the noise according to their own job responsibilities, and the departments that may be involved include public security organs, urban management, environmental protection bureaus, transportation commissions, etc.
Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 2 The term "environmental noise" as used in this Law refers to the sound generated in industrial production, construction, transportation, and social life that interferes with the surrounding living environment.
"Environmental noise pollution" as used in this Law refers to the phenomenon that the environmental noise generated exceeds the environmental noise emission standards prescribed by the state and interferes with the normal life, work and study of others. Article 24.
In industrial production, industrial enterprises that cause environmental noise pollution due to the use of fixed equipment must, in accordance with the provisions of the competent department of ecology and environment, declare to the local people's competent department of ecology and environment at or above the county level where they are located, the type and quantity of equipment that causes environmental noise pollution, as well as the noise value emitted under normal operating conditions and the facilities for the prevention and control of environmental noise pollution, and provide technical information for the prevention and control of noise pollution.
If there is a major change in the type, quantity, noise value and prevention and control facilities of the equipment that causes environmental noise pollution, it must be reported in a timely manner and due prevention and control measures must be taken.
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3) Traffic noise shall be under the jurisdiction of public security and other industry departments by road motor vehicles. (4) Noise from social life, sounds generated by human activities that interfere with the surrounding living environment other than industrial noise, construction noise and traffic noise, in principle, belong to the public security organs.
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[Legal Analysis].Citizens can call 12369 to complain to the local environmental protection department, or contact the local city management department or 110 to negotiate a solution. If it still cannot be resolved, the only way to do so is to entrust a lawyer to sue and demand that the infringement be stopped.
Call 110 to call the police**, the police will give him a verbal warning, and if he refuses to listen, he can be fined or even detained by the public security administrative punishment regulations.
According to the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution, noise nuisance is an illegal act defined by the consequences of an act. As long as the noise generated disturbs the normal life of citizens, it is illegal to produce noise to disturb the people. The Noise Law does not specify how many decibels the sound must reach in order to constitute a noise nuisance.
[Legal basis].Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 60: Where the provisions of paragraph 1 of Article 44 of this Law are violated by causing environmental noise pollution, the public security organs are to order corrections and may impose a concurrent fine. Where the people's administrative departments at or above the county level decide in accordance with law that the administrative departments for environmental protection of local people's governments at the county level or above are to exercise the administrative punishment powers provided for in the preceding paragraph, follow their decisions.
Article 61 Units and individuals that are harmed by environmental noise pollution have the right to request that the perpetrator remove the harm;where losses are caused, compensation shall be made in accordance with law.
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