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The breakfast shop downstairs is very noisy every morning, you can call the police, or you can complain to the neighborhood committee and the neighborhood office.
If the supervision and management personnel of environmental noise pollution prevention and control abuse their powers, dereliction of duty, or twist the law for personal gain, they shall be given administrative sanctions by their units or the competent authority at a higher level; where a crime is constituted, criminal responsibility is pursued in accordance with law. Where the provisions of the first paragraph of Article 44 of this Law are violated by causing environmental noise pollution, the public security organs shall order corrections and may impose a concurrent fine. 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.
It is forbidden to use loudspeakers or other methods that emit high noise to solicit customers in commercial 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.
Article 61 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution: 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. 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.
Article 45 It is forbidden for any unit or individual to use loudspeakers in areas 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. Article 60: Where the provisions of paragraph 1 of Article 44 of this Law are violated by causing environmental noise pollution, the public security organs are to order corrections and may impose a concurrent fine.
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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Alarm handling is possible, but the question is whether it is useful? The breakfast shop is too noisy, and it is not realistic for you to let him close the door, so I suggest that you install soundproofing in your home and let the breakfast shop bear part of the cost.
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Negotiate on your own first, and if the negotiation fails, find the local village committee or neighborhood committee, and coordinate the property, but if it doesn't work, you can find the police station for mediation.
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The breakfast shop downstairs is very noisy every morning, what should I do? You should find the shopkeeper to discuss, well, if the negotiation is not good, you can call the police.
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In fact, you can go to the community to report it first, if he doesn't care, of course you can call the police, he disturbs the people.
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In this case, you can talk to the boss and try to make the room as soundproof as possible, good luck!
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Legal Analysis:1If the noise upstairs has seriously affected the daily life and rest of others, causing a disturbance to the public, in this case, it is completely possible to call the police and let the police come to the door to warn and resolve the dispute, but the police are not the first choice.
It is recommended that the parties communicate with their upstairs neighbors to resolve the dispute through negotiation. If the negotiation fails, it is recommended to find the property or the neighborhood community for mediation. If the dispute is still not resolved, call the police on 110 and let the police come forward to resolve it.
Legal basis: "Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution" Article 58 Anyone who violates the provisions of this Law by committing any of the following acts shall be given a warning by the public security organ and may be fined concurrently: 1) the use of loudspeaker speakers in areas 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.
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The breakfast shop downstairs starts to be noisy at 3 o'clock every day, and you can call the police, or you can complain to the neighborhood committee and the neighborhood office.
Noise nuisance standards:
1. The first-class living area is measured at night from more than 50 decibels, and the second-class living area is measured at night at 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 it is manifested in a hundred ways, it is a nuisance to the people;
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 stipulated by the Foolish Elder varies from province to province, 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 nuisance to the people. Judging by the loudness of the sound, if the noise level is reached, an alarm can be called.
How to deal with noise nuisance:
1. The noise of social life can be reported to the public security organ for processing, and the method for the public security organ to judge whether it is noise is between 45 decibels and 55 decibels in residential areas, which is equivalent to a volume that two people can hear clearly when talking in the room, and when it exceeds this volume, it can be regarded as noise disturbance. If the noise interferes with the normal life of others, a warning shall be given; If it is not corrected after the warning, it will be fined not less than 200 yuan but not more than 500 yuan;
2. The noise generated by night construction on the construction site, enterprise production, catering service industry, etc., can be complained to the environmental protection department.
Legal basisArticle 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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Analysis of the legal grip:
You can report to the local neighborhood committee or property for coordination.
Legal basis: Law of the People's Republic of China on Public Security Administration Penalties Article 58 Whoever 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 fined not less than 200 yuan but not more than 500 yuan if he does not make corrections after being warned. This directly puts the very simple and common noise disturbance of the rent directly within the scope of the law.
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1. You can complain to the urban management law enforcement department and the environmental protection department, and ask for treatment of the situation of oil smoke and noise disturbing the people; 2. For the downstairs owner to change the house without authorization to make it a big use, you can complain to the planning department and ask for rectification; 3. For the behavior of unauthorized business without obtaining a business license, you can complain to the industrial and commercial department and request to ban it; 4. For acts that infringe on residents' neighboring rights due to noise, oil smoke and other behaviors, they can directly file a lawsuit in the court to demand corresponding economic compensation.
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Summary. According to Article 43 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution.
The boundary noise of new for-profit cultural and entertainment venues must meet the environmental noise emission standards stipulated by the state; If it does not meet the environmental noise emission standards stipulated by the state, the administrative department of culture shall not issue a cultural business license, and the market supervision and administration department shall not issue a business license.
The operators and managers of cultural and entertainment venues in operation must take effective measures to ensure that their boundary noise does not exceed the environmental noise emission standards stipulated by the state.
What should I do if the restaurant operating downstairs is too noisy in the middle of the night?
According to Article 43 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution, the boundary noise of new for-profit cultural and entertainment venues must meet the environmental noise emission standards stipulated by the state; If it does not meet the environmental noise emission standards stipulated by the state, the cultural administrative department shall not issue a certificate for cultural operation, and the market supervision and administration department shall not issue a business license. The operation and management of cultural and entertainment venues in operation must take effective measures to ensure that the boundary noise of the cultural and entertainment venues does not exceed the environmental noise emission standards stipulated by the state.
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.
You can also communicate and coordinate with the local neighborhood committee or call the local police station to eliminate the demolition and complain about the noise disturbance to the people; You can also call the local environmental protection department to complain about noise pollution. If the complaint is not negotiated, you can go to the local people's court to show relevant evidence and file a lawsuit, because noise nuisance is an illegal act defined by the consequences of the act.
You can also communicate unilaterally with the owner, the slag communication is unsuccessful, you can cooperate with the bridge business through the Juruku First Committee, if it has been like this, you can call the police**, or the ** of the Urban Management Supervision Bureau can also solve the problem.
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