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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: 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 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 a noise source 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 institutes, 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" means automobiles and motorcycles.
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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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Noise disturbances can be reported to the police.
1. According to Article 58 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Whoever violates the provisions of this Law by committing any of the following acts shall be given a warning by the public security organs and may be fined concurrently:
1) The use of tweeter in the area where noise-sensitive buildings are concentrated in urban areas;
2) 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 urban areas, using audio equipment, and causing excessive noise that interferes with the surrounding living environment;
3) Failing to take measures in accordance with the provisions of Articles 46 and 47 of this Law, emitting environmental noise from the home room that seriously interferes with the lives of surrounding residents. Nighttime disturbance is between 10 p.m. and 6 a.m., which is only the definition of "night" in the legal sense.
In accordance with the provisions of Article 63 of the Law on the Prevention and Control of Environmental Noise Pollution"Nighttime"Refers to the period between 22 p.m. and 6 a.m.
1. The night decibel measurement in the first-class living area is more than 50 decibels, and the night-measured decibel in the second-class living area is more than 65 decibels, as long as it exceeds 9 o'clock or 10 o'clock in the evening, 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.
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 is different, but it is much the same, and the normal rest time operation of residents 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. Disturbing the people belongs to the jurisdiction of 110, no matter whether you are at this time, how loud it is, as long as the neighbors feel that you are disturbing the people, and have the right to call 110 to call the police, the police will take care of it, so this regulation is basically useless, it is best to concentrate the work that needs to be done during the day with electric drills.
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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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China's laws and regulations stipulate that from 22 p.m. to 6 a.m. to disturb the people, you can call the police. 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.
Legal analysis: China's laws and regulations stipulate that from 22 o'clock in the evening to 6 o'clock in the morning, if you disturb the people, you can call the police. 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.
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. If we need to construct it. 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.
Environmental noise is more harmful to people's work and rest, when people encounter noise problems, you can first ask the relevant testing institutions with national qualifications to systematically and scientifically detect environmental noise or indoor noise, after getting the legally effective test report, if it is found that the noise does exceed the standard, you can complain to the property management company or the local department specializing in dealing with noise pollution (such as the Ministry of Environmental Protection), The environmental protection department will deal with the noise exceeding the standard in accordance with the national environmental protection standards and relevant laws.
China's laws and regulations strictly protect the interests of our people, so no matter when and where, we must not infringe on the private interests of others, especially when it comes to public interests.
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 63.4 The following terms in this Law shall have the following meanings:
4) "Night" means the period between 22 p.m. and 6 a.m.
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