How much noise is a nuisance, and how much is a noise standard

The night measurement of the first-class living area is more than 50 decibels, and the night measurement of the second-class living area is more than 65 decibels, as long as it exceeds 22 o'clock in the evening or until 6 o'clock in the morning of the next day, it is disturbing the people, which belongs to noise pollution.

If you are in a place where there is an act that falls within these categories, it is a nuisance.

According to national regulations, in residential areas, the allowable outdoor noise level is 50 decibels during the day and 40 decibels at night.

People's Republic of China Environmental Noise Standards for Urban Areas.

1 Subject content and scope of application.

This standard specifies the maximum limits for environmental noise in five types of urban areas.

This standard applies to urban areas. Rural living areas can be implemented with reference to this standard.

2 Criterion.

The standard values of urban Class 5 environmental noise are as follows:

Category: Daytime, Night.

Class 0 50 dB 40 dB.

Class 1: 55 dB, 45 dB.

Class 2: 60 dB, 50 dB.

Class 3 65 dB 55 dB.

Class 4 70 dB 55 dB.

3 Applicable areas of various standards.

1) Category 0 standard is applicable to areas that need to be quiet such as recuperation areas, high-end villa areas, and high-end hotel areas. This type of area located in the suburbs and villages is strictly implemented at 5 decibels stricter than the 0 class standard.

2) Category 1 standards are applicable to areas dominated by residential, cultural and educational institutions. Rural living environments can refer to the implementation of such standards.

3) Category 2 standards are applicable to residential, commercial, and industrial mixed areas.

4) Category 3 standards apply to industrial zones.

5) Category 4 standards are applicable to the areas on both sides of the road traffic arteries in the city, and the areas on both sides of the inland waterway through the urban area. The same standard is also applied to the background noise (i.e., the noise level when the train does not pass) in the area on both sides of the main and secondary railway lines that pass through the urban area.

4 Sudden noise at night.

The maximum value of sudden noise at night shall not exceed the standard value of 15 decibels.

Legal analysis: 1. The night measurement of the first-class living area is more than 50 decibels, and the night measurement of the second-class living area is more than 65 decibels, as long as it exceeds 9 or 10 o'clock in the evening, it is disturbing the people, which belongs to noise pollution. If there is an act within these categories, it is a nuisance.

2. The decoration time in the community is from 12 o'clock to 14 o'clock and from 19 o'clock to 7 o'clock the next day to not disturb the people. The time set by each province varies, but it is much the same, and the operation of the residents during the normal rest time is considered a nuisance. The allowable decoration time is concentrated from 7 a.m. to 12 p.m. and from 2 p.m. to 7 p.m.

3. From 11 p.m. to 7 a.m. the next day, if the decibel is higher than 80 decibels, it is a disturbance.

Legal basis: "Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution in Stuffy Mountains" Article 61 Units and individuals who are harmed by environmental noise pollution have the right to request the perpetrator to eliminate the harm of shouting gods; where losses are caused, compensation shall be made in accordance with law. Disputes over liability and the amount of compensation may be mediated and handled by the competent department of ecology and environment or other supervision and management departments and institutions for the prevention and control of environmental noise pollution at the request of the parties; If mediation fails, the parties may file a lawsuit with the People's Law Court.

The parties may also file a lawsuit directly with the people's court.

Legal Analysis: Noise Nuisance Standard: Class 0: 50 decibels during the day and 40 decibels at night; Class 1: 55 dB during the day and 45 dB at night; Class 2: 60 dB during the day and 50 dB at night; Class 3: 65 dB during the day and 55 dB at night; Class 4: 70 dB during the day and 55 dB at night.

Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution Article 61 Units and individuals who are harmed by environmental noise pollution have the right to request the perpetrator to eliminate the harm; where losses are caused, compensation shall be made in accordance with law.

Noise standards that meet the following conditions are considered nuisances:

1. Recuperation area, high-end villa area, high-end hotel area, 50 dB during the day and 40 dB at night;

2. In areas dominated by residential, cultural and educational institutions, 55 decibels during the day and 45 decibels at night;

3. Residential, commercial and industrial mixed areas, 60 dB during the day and 50 dB at night;

4. Industrial zone, 65 dB during the day and 55 dB at night;

5. In the areas on both sides of the road traffic arteries, inland waterways, and main and secondary railway lines in the city, 70 decibels during the day and 55 decibels at night, and 22 o'clock to 6 o'clock the next morning at night.

And local people at all levels shall incorporate the prevention and control of environmental noise pollution into environmental protection planning, and adopt economic and technical policies and measures conducive to the protection of the sound environment. When formulating urban and rural construction plans, local people at all levels should fully consider the impact of noise generated by construction projects and regional development and transformation on the surrounding living environment, make overall planning, reasonably arrange functional areas and construction layouts, and prevent or reduce environmental noise pollution. The administrative department in charge of environmental protection shall implement unified supervision and management of the prevention and control of environmental noise pollution throughout the country.

Legal basisArticle 2 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution.

"Environmental noise" as used in this Law refers to the sound generated in industrial production, building 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 10 The competent department of ecology and environment shall formulate national sound environment quality standards for different functional areas.

Local people at or above the county level shall, in accordance with the national sound environment quality standards, delineate the applicable areas of various sound environment quality standards within their respective administrative areas and manage them.

Legal analysis: noise above 60 decibels is considered nuisance. The competent department of ecology and environment shall formulate national environmental noise emission standards in accordance with the national acoustic environment quality standards and national economic and technical conditions.

Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution

Article 7 All units and individuals have the obligation to protect the sound environment, and have the right to report and accuse the units and individuals that cause environmental noise pollution.

Article 8 The State encourages and supports scientific research and technological development in the prevention and control of environmental noise pollution, and popularizes advanced prevention and control technologies and scientific knowledge on the prevention and control of environmental noise pollution.