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Noise is also a kind of pollution to the environment, to be precise, it should be managed by the environmental protection department, but because the ordinary citizens are not clear about the management of noise, they will generally call 110 to call the police when disturbed by noise. As a people's police, they can't ignore the requirements of the people, so generally speaking, they will deal with it when they are often called to the police. After a long time, the noise problem is like the work of the police, and once the public calls the police, the police will ignore it and it will be administrative inaction.
In fact, if it is a temporary noise, the police can manage it temporarily, and if it is a long-term noise, then it should be managed by the environmental protection department.
I don't know if you're happy with me?
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It is possible to file a lawsuit in court. However, you have to determine who the specific infringer is, and the specific legal basis is the relevant provisions of neighboring rights. It's a good idea to make some video recordings as evidence. Hope it helps.
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There are different types of noise such as industrial noise, social noise, traffic noise, construction noise, according to China's noise law, different noise pollution management departments are also different, general industrial noise, construction noise is managed by the environmental protection department, traffic noise is managed by the public security, railway, aviation department, social life noise according to different types of public security or environmental protection management, you can check the relevant provisions of the national noise law.
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Judging according to the sound level, if the noise level is reached, the alarm can be called. However, different noise management departments are also different and have limited values, not a little noise can be alarmed.
Legal basis: Article 58 of the "Public Security Administration Punishment Law of the People's Republic of China" violates the legal provisions on the prevention and control of noise pollution in social life, and creates noise to interfere with the normal life of others, and a warning is given; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.
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It is mainly managed by the public security organs. Citizens can call ** to complain to the local environmental protection department or contact the local city management department or 110 to negotiate a solution. Units and individuals who 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.
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 in the people's court. The parties may also file a lawsuit directly with the people's court.
How to deal with excessive noise and disturbing people.
The way to deal with excessive noise disturbance is as follows:
1. First of all, the public security department is mainly responsible for dealing with the noise of social life, such as motor vehicles that do not sound their horns in accordance with regulations; Using high-pitched equipment without authorization to affect others; Renovation activities are carried out in residential buildings that have been delivered. or during the evening break to carry out surprise decoration that affects the lives of others, for such noise can be complained to the public security department;
2. You can complain to the environmental protection department, such as the noise generated by night construction on the construction site, enterprise production, catering service industry, etc. Noise such as piling and concrete mixing on the construction site is directly supervised by the environmental protection department;
3. You can also complain to the urban management department, and some also use high-decibel speakers to promote and sell the noise made by retail vendors.
[Legal basis].Article 58 of the Law of the People's Republic of China on Public Security Administration Punishments.
Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by making noise that interferes with the normal life of others shall be given a warning; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.
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The noise under the management of the Municipal Public Security Bureau specifically includes:
1) The use of loudspeakers or other commercial activities that emit high noise;
2) Noise emitted by the use of audio equipment in public places such as urban streets, squares, parks and other activities organized for entertainment, gatherings, etc.;
3) Noise from household appliances, musical instruments or other household indoor entertainment activities;
4) Noise from interior renovation activities.
Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 48 Where the provisions of Article 14 of this Law are violated by the environmental noise pollution prevention and control facilities that need to be built in a construction project that are not completed or do not meet the requirements prescribed 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 specified period of time and impose fines on units and individuals; If it causes major environmental pollution or ecological damage, it shall be ordered to stop production or use, or it shall be reported to the people with the right to approve and ordered to close.
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.
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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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Noise disturbance in residential areas is under the management of the environmental protection department. 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.
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 environmental noise pollution prevention and control facilities of the construction project must be designed, constructed and put into operation at the same time as the main project.
Before the construction project is put into production or use, its environmental noise pollution prevention and control facilities must be accepted by the administrative department of environmental protection that originally examined and approved the environmental impact report; If it fails to meet the requirements stipulated by the state, the construction project shall not be put into production or use.
It is forbidden for any unit or individual to use the broadcast loudspeaker in the area where noise-sensitive buildings are concentrated in urban areas. If the use of audio equipment may produce excessive noise that may interfere with the surrounding living environment, the regulations of the local public security organs must be complied with.
[Legal basis].
Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 30 In areas where noise-sensitive buildings are concentrated in urban areas, it is forbidden to carry out construction operations that produce environmental noise pollution at night, except for emergency repairs, emergency operations, and continuous operations that must be carried out due to production process requirements 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 44 It is forbidden to use broadcast loudspeakers or other methods that emit high noise to solicit customers in commercial business activities.
Where air conditioners, cooling towers and other equipment and facilities that may produce environmental noise pollution are used in commercial business activities, their operators and managers shall take measures to ensure that their boundary noise does not exceed the environmental noise emission standards prescribed by the state.
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The Environmental Protection Bureau (EPA) controls noise nuisance. When residents complain about the surrounding noise, the complaint reception center of the city will transfer the complaint 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 job responsibilities.
If it is the noise emitted by the interior decoration activities, the loudspeakers in the square, the noise of hawking, etc., are mainly managed by the public security organs. If it is noise caused by social life such as air conditioners and restaurants, then it is mainly managed by urban management. If it is a noise generated by an industrial company, the Environmental Protection Bureau is the main person to manage it.
If the noise is caused by traffic such as roads, the Transportation Commission is the main person in charge of the noise.
If the loss is caused by noise, it may be mediated 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 according to the request of the parties, and if the mediation fails, the parties may file a lawsuit in the people's court.
[Legal basis].Article 58 of the Law of the People's Republic of China on Public Security Administration Punishments.
Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life by making noise that interferes with the normal life of others shall be given a warning; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.
Article 59.
1) Pawnbroking workers who accept pawned items without checking relevant certificates, failing to perform registration formalities, or clearly knowing that they are criminal suspects or stolen goods, and failing to report them to the public security organs;
2) Violating state regulations by purchasing waste special equipment such as railways, oil fields, power supply, telecommunications, mines, water conservancy, surveying and urban public facilities;
3) Purchasing stolen goods or items suspected of being stolen by the public security organs;
4) Acquisition of other items prohibited by the state.
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Any unit or individual has the obligation to protect the sound environment, and has the right to report and accuse the units and individuals who cause environmental noise pollution.
Extended Materials. Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 5 When formulating urban and rural construction plans, local people at all levels shall fully consider the impact of noise generated by construction projects and regional development and transformation on the surrounding living environment, make overall plans, reasonably arrange functional areas and construction layouts, and prevent or reduce 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 throughout the country.
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 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 technology and scientific knowledge on the prevention and control of environmental noise pollution.
Article 9 Units and individuals that have made remarkable achievements in the prevention and control of environmental noise pollution shall be rewarded by the people.
Article 10 The competent departments 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.
Article 11. 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.
Article 12. When determining the construction layout, the urban planning department shall, in accordance with the national sound environment quality standards and the sound insulation design code for civil buildings, reasonably delineate the noise-proof distance between the building and the traffic artery, and put forward the corresponding planning and design requirements.
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Answer: Noise is basically divided into four categories: (1) Industrial noise, which refers to the sound that interferes with the surrounding living environment when using fixed equipment in industrial production activities, is under the jurisdiction of the Environmental Protection Bureau. (2) Construction noise refers to the sound generated during the construction process that interferes with the surrounding living environment, which is under the jurisdiction of the Environmental Protection Bureau.
3) Traffic noise refers to the sound of motor vehicles, railway locomotives, motor vessels, aircraft and other means of transport that interfere with the surrounding living environment during operation, and is 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, with two exceptions:Normal noise problems of cultural and entertainment venues and commercial fixed equipment and facilities in operation.
If residents feel disturbed by noise pollution in the community, they can first report to the property management company and let the property management company come forward to coordinate and solve the problem, if the property management company fails to communicate and coordinate, the owner can call 12369 to complain to the environmental protection department. Legal basis: Article 83 of the Property Law of the People's Republic of China The owner shall abide by the laws, regulations and management regulations.
The general meeting of owners and the owners' committee have the right to require the perpetrator to stop the infringement, eliminate the danger, remove the nuisance and compensate for the loss in accordance with laws, regulations and management regulations for acts that harm the lawful rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, refusing to pay property fees, etc. Owners may file a lawsuit in the people's court in accordance with law for acts that infringe upon their lawful rights and interests.
Please contact the environmental protection department.
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You can negotiate with the head of the household, or find a property, and the property will come forward to deal with it. You can also call the police and let the police intervene.