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It's not illegal, but it's illegal, it's not civilized, it's all about being civilized and polite, right? We can't be uncivilized people, now we have to be civilized to be harmonious, so that we won't quarrel, people are pregnant women, understand and understand.
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If the noise upstairs occurs after 10 p.m. and before 7 a.m., it is a violation of the state's noise management measures.
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For noise disturbance, the state has a special "Environmental Noise Pollution Prevention and Control Law", which makes specific provisions on the prevention and control of different noise pollution, such as industrial noise pollution, construction noise pollution, transportation noise pollution, social life noise pollution, etc.
In addition, Article 58 of the Law on Public Security Administration Penalties also stipulates that anyone who violates the laws and regulations on the prevention and control of noise pollution in social life and creates 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. Noise disturbs democracy or the noise of social life, and the noise of social life is mainly managed by the police.
Extended Materials. All kinds of sounds generated by any unit or individual carrying out sports, entertainment, exhibition and other activities in urban squares (parks) shall not exceed the national limit standard value of 65 decibels;
In summer, before 7:00 a.m. and from 12:00 p.m. to 14:00 p.m
00. After 21:00 in the evening, before 7:30 in the morning and 12:00 in winter
From 00 to 14:00 and after 20:00 in the evening, it is forbidden to use sound equipment to dance square dances and carry out vocal music, instrumental music and other activities;
It is strictly forbidden to set up karaoke equipment in urban squares (parks) to engage in singing activities; Anyone who violates the regulations will have the equipment temporarily seized and will be fined accordingly. If the public finds that the noise in the square (park) exceeds 65 decibels, they can call **12319.
To solve the problem of noise from highways and highways under its jurisdiction, and noise from ships in the river area above the Huanghuayuan Bridge on the Jialing River, you can dial 96096 (traffic management).
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1. Is it illegal for upstairs noise to affect pregnant women?
1. It is illegal for upstairs noise to affect pregnant women. The parties concerned can file a complaint with the local urban management law enforcement department or the environmental protection department. If the relevant authorities find out that the incident has indeed reached the level of disturbance to the people, they will give a warning, and if the hotel still does not correct it after receiving the warning, it will directly impose a fine of not less than 200 yuan but not more than 500 yuan.
2. Legal basis: Article 6 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution.
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.
2. What are the ways to deal with noise disturbances?
Noise nuisance disposal methods are divided into the following situations:
1. For the noise of life between neighbors and floors, the police will first come to the door to understand the situation, explain the relevant factors to the other party, do a good job of targeted work, and generally solve the problem on the spot;
2. If the noise caused by decoration and decoration construction disturbs the people, if the conditions of the construction unit allow, it can be equipped with some simple sound insulation measures to minimize the generation of noise;
3. If the noise caused by the barking of animals, especially dogs, at night disturbs the people, the police must first find the owner of the animal, inform the owner of the animal, ask him to manage his own animals, and try not to disturb the normal rest of others at night;
4. If the noise caused by shopping malls, stores, etc., such as activities and marketing, disturbs the people, the police will make reasonable suggestions after coming to the door, and promptly contact the police to inform them of the handling situation. The community police are to understand the situation after the disposal in conjunction with the visit, and work with the property, neighborhood committee or corresponding departments to resolve conflicts and disputes.
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In practice, if the law on the prevention and control of noise pollution in social life is violated and noise is created to interfere with the normal life of others, a warning shall be given; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed. So if the upstairs noise affects a pregnant woman, it may be illegal.
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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In practice, if the law on noise pollution prevention and treatment in social life is violated, and noise is created to interfere with the normal life of other hungry people, the sales office will be warned; If the warning is not corrected, a fine of not less than 200 yuan but not more than 500 yuan will be imposed, so if the upstairs noise affects the pregnant woman, it may be illegal.
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Legal analysis: If the law on the prevention and control of noise pollution in social life is violated and noise is created to interfere with the normal life of others, a warning shall be given; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed. Exposure to strong noise can not only be harmful to the health of pregnant women, but also have many adverse effects on the fetus.
Studies have shown that children born to mothers exposed to loud noise (above 95 decibels) during pregnancy have lower IQ levels than those who are not exposed to noise under the same conditions. The reason for this is most likely due to the frequent contractions of the uterus caused by the constant noise, which affects the blood of the fetus** and thus the development of the fetal nervous system.
Legal basis: Article 61 of the Law on the Prevention and Control of Environmental Noise Pollution Units and individuals who are harmed by environmental noise pollution have the right to require the perpetrator to eliminate 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.
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1. Decoration is the legal right of the upstairs owner, as long as the decoration time is not during the lunch break and night break, and the relevant construction noise does not exceed the national standard within the time that can be decorated, the downstairs residents should understand and overcome the difficulties of this special period.
2. In the area 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.
3. Residents downstairs can negotiate with the upstairs in a friendly manner, requiring them to comply with relevant laws and regulations during normal lunch breaks and nights, and not to carry out construction. During the normal construction period, the impact of noise on the surrounding neighbors should be minimized as much as possible.
4. If the environmental noise released by the upstairs exceeds the standard during the construction period, the party concerned can request the local environmental protection department to monitor, and if it does exceed the standard, the environmental protection department will order it to rectify within a time limit.
5. If the upstairs is still under construction at night, and the negotiation fails, the downstairs residents can call the police, and the upstairs will be given administrative penalties for illegal acts.
6. Violating the laws and regulations on the prevention and control of noise pollution in social life, creating noise and interfering 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. Judicial basis: Article 30 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution, and Article 58 of the Law of the People's Republic of China on Public Security Administration Punishments.
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Legal analysis: If there is still noise during the break, you can complain to the urban management department.
Legal basis: Article 47 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution.
Interior decoration activities in residential buildings that have been completed and delivered for use shall limit the operation time and take other effective measures to reduce and avoid environmental noise pollution to the surrounding residents.
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In practice, if the law on the prevention and control of noise pollution in social life is violated and noise is created to interfere with the normal life of others, the police shall be punished; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed. So if the upstairs noise affects a pregnant woman, it may be illegal.
Legal basis: Article 58 of the "Public Security Administration Punishment Law of the People's Republic of China" violates the laws and regulations 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 a warning, a fine of between 200 and 500 yuan before the quarrel is to be given.
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