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Between 10 p.m. and 6 p.m., it is the definition of "night" in the legal sense.
Noise emission standards at night are only higher than those for "daytime". Noise emission standards, whether at night or during the day, are related to the determination of "noise nuisance", but not necessarily necessary. That is, as long as there is noise emission that is incompatible with the environment, and there is also the consequence of residents' interference, it can be determined as "noise disturbance".
The practice of a person or organization with a certain influence to treat the interests of the relevant people is generally referred to as noise disturbance.
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Legal analysis: According to national regulations, between 22 p.m. and 6 a.m., more than 40 decibels are considered nuisance to the people. Because during this time, most people are sleeping and resting.
Therefore, it is not easy to make too much noise during this time period. In addition, from 6 am to 22 pm, most of the time during this period is daytime, there is a lot of traffic and noise. Therefore, the state regulations are relatively relaxed, and only those above 50 decibels can be regarded as disturbing the people.
Legal basis: Article 63 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution The meaning of the following terms in this law is: (1) Noise emission refers to the radiation of noise from noise sources to the surrounding living environment.
2) Noise-sensitive buildings refer to buildings that need to be kept quiet, such as hospitals, schools, institutions, scientific research units, and residences. (3) "Noise-sensitive building concentration area" refers to the medical area, cultural, educational and scientific research area, and the area dominated by institutions or residential buildings. (4) "Night" refers to the period between 22 p.m. and 6 a.m.
5) Motor vehicles refer to automobiles and motorcycles.
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Answer: "Night disturbance is from 10 p.m. to 6 p.m. the next day." The night measurement of the first-class living area is more than 50 decibels, and 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 a disturbance to the people, which belongs to noise pollution. If there is an act within these categories in the locality, it is a nuisance.
Question: The child plays erhu at home at 9 o'clock in the evening, and the neighbor says that it disturbs the people, and what time is it after the night?
I also play the piano upstairs at nine o'clock, and it's also very noisy.
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The standard for urban noise disturbance is that between 22 p.m. and 6 a.m., the first-class living area is more than 50 decibels, the second-class living area is more than 65 decibels, and from 11 p.m. to 7 a.m. the next day, the decibel is higher than 80 decibels, that is, it disturbs the people, violates the noise pollution prevention and control regulations, and a warning is given, and if the warning is not corrected, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed.
If noise disturbance occurs, you can file a complaint with the public security department or the environmental protection department to handle the complaint. When making noise complaints, the parties also need to collect certain evidence, and at the same time, the public security organs will also determine the punishment measures according to the specific circumstances of the disturbance, if the economic and public security departments fail to mediate and file a lawsuit with the court and make a claim.
Article 63 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution The following terms in this Law have the following meanings:
1) "Noise emission" refers to the radiation of noise from noise sources to the surrounding living environment;
2) Noise-sensitive buildings refer to buildings that need to be kept quiet, such as hospitals, schools, institutions, scientific research units, and residences.
3) "Noise-sensitive building concentration area" refers to the medical area, cultural, educational and scientific research area, and the area dominated by institutions or residential buildings;
4) "Night" means the period between 22 p.m. and 6 a.m.;
5) Motor vehicles refer to automobiles and motorcycles. Article 58: Where the provisions of this Law are violated by any of the following conduct, the public security organs are to give warnings and may impose a concurrent fine:
1) The use of loudspeakers in areas where noise-sensitive buildings are concentrated in urban areas;
2) Violating the provisions of the local public security organs by organizing entertainment, gatherings, and other activities in public places such as streets, squares, and parks in urban areas, and using audio equipment to produce excessive noise that interferes with the surrounding living environment;
3) Failure to take measures in accordance with the provisions of articles 46 and 47 of this Law to emit environmental noise from the home room that seriously interferes with the lives of surrounding residents.
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The night disturbance is from 10 p.m. to 6 p.m.
Legal basis] Article 30 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution, 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.
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.
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From 10 p.m. to 6 a.m., even if you make noise, you can call the police.
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1. From 22 o'clock in the evening to 6 o'clock in the morning of the next day, noise disturbance is regarded as a nuisance, and there are relevant provisions for blind servants in the "Measures for the Management of Noise in Socks".
Second, the solution:
1.Complaint handling with the relevant authorities;
2.Noise disturbers can call the police. Judging by the loudness of the sound, if the noise level is reached, an alarm can be called.
Legal basis: According to Article 58 of the "Public Security Administration Punishment Law": Anyone who violates the laws and regulations on the prevention and control of noise pollution in social life and creates noise to interfere with the noisy 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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Legal analysis: Between 10 p.m. and 6 a.m., it can be regarded as disturbing the people, you can call the police to deal with Lu Xian, and then the police will detect whether there is really a disturbance to the people, and if there is an early shooting, they will be allowed to correct it.
Basis of the law: Article 60 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution Anyone who violates the provisions of the first paragraph of Article 44 of this Law and causes environmental noise pollution shall be ordered to make corrections by the public security organ and may be fined concurrently. Where the people's departments at or above the provincial level decide in accordance with law that the competent departments for ecology and the environment of local people's governments at or above the county level shall exercise the administrative punishment powers provided for in the preceding paragraph, follow their decisions.
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Legal analysis: From 10 p.m. to 6 a.m. the next day, you can call the police. According to the relevant laws and regulations, the noise control time is from 22 o'clock to 6 o'clock in the morning of the next day, but the local people have the right to formulate specific management measures according to the local reality, so they should refer to the local management measures.
Noise pollution can be reported to the police at 110, but the police are generally present to stop and warn, and it is difficult to give fines, because the centralized noise management department is the environmental protection bureau, and the police, as a mobile force, only act on behalf of the environmental protection bureau to manage noise, and to solve the fundamental problem, it is still necessary to report to the environmental protection bureau.
Legal basis: Article 17 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution shall be rectified within a time limit for enterprises and institutions that cause serious environmental noise pollution in areas where noise-sensitive buildings are concentrated.
Units that are subject to governance within a time limit must complete the governance tasks on time. The time limit for governance is to be decided by the people at or above the county level in accordance with the authority provided for by the people.
The time limit for the management of small enterprises and institutions may be decided by the people at or above the county level within the scope of their authority authorized by the competent department of ecology and environment.
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From 10 p.m. to 6 p.m. the next day, it is the definition of "night" in the legal sense, which is considered a nuisance to the people.
The night measurement of the first type of living area is more than 50 decibels, and the night measurement of the second type of poor 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, and if there is a behavior within these categories in the place, it is a disturbance to the people.
The decoration time in the community is from 12 o'clock to 14 o'clock, 19 o'clock to 7 o'clock the next day is not to disturb the people, the time stipulated in each province is different, but it is similar, the operation of residents during the normal rest time is considered to disturb the people, and the time allowed to be decorated is concentrated in 7 o'clock to 12 o'clock, 14 o'clock to 19 o'clock.
From 11 p.m. to 7 a.m. the next morning, if the decibel is higher than 80 decibels, it is a nuisance.
How to deal with nuisance
1. Disputes over liability and amount of compensation may be mediated and handled by the administrative department of environmental protection or other supervision and management departments and institutions for the prevention and control of environmental noise pollution according to 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.
2. Use loudspeakers in the concentration area of noise-sensitive buildings in urban areas; Violating the regulations of the local public security organs by organizing entertainment, gatherings, and other activities in public places such as streets, squares, and parks in the front ridge of the city, using audio equipment, and causing excessive noise that interferes with the surrounding living environment; Failure to take measures in accordance with the provisions of articles 46 and 47 of this Law to emit environmental noise from the home room that seriously interferes with the lives of surrounding residents.
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