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Legal analysisAccording to the provisions of relevant laws, 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 methods. 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. 1, upstairs children running around should be considered a nuisance to a certain extent, during this period if there is no too much loss to you, it should also be dealt with in a timely manner, so this phenomenon should be adjusted in time, if the child running is more serious, it should be appropriate, remind the child or let the parents take care of the child, so that you can reduce the impact on your life.
2. There are some things that should be paid attention to in daily life, you should choose a stable environment when you do a residential building, and you should consider these factors when buying a house, so that you can prevent couples from affecting your life, and you should also do a good job of soundproofing measures when decorating, so that you can prevent the sound from being too loud, or the children upstairs running around, which will affect your life. 3. If the children upstairs run around, if it disturbs your life, you should also remind the parents of the children appropriately, and you should do the corresponding adjustment measures, you can also appropriately switch the residence or do other adjustment measures, which can reduce the impact on you, and can also prevent disputes and contradictions.
Legal basisLaw 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 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, 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 to emit environmental noise from the home room that seriously interferes with the lives of surrounding residents.
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The property can be found and dissuaded.
Of course, there are also some property companies that are unwilling to mediate, in this case, you can try to find the child's parents first, and you can negotiate with the child's parents first.
If the property company in the community doesn't care, and the parents of the children belong to the kind of particularly unreasonable, then in this case we can call 110 directly.
Introduction to other types of noise.
1. The sound of footsteps, generally at 50-60 decibels, is more obvious at night, mainly because the floor is too thin, the floor structure is not soundproof, the floor material is not soundproof, walking habits and bear children deliberately, and some running and jumping vibrations are also attributed to the footsteps.
2. Dragging tables and chairs, 40-70 decibels, is characterized by sudden and short duration, but the friction sound is very penetrating, and it is easy to be woken up when you are asleep. Most of the reasons are the living habits of the upstairs residents.
3. Falling sound, 40-90 decibels, no warning, suddenly, large vibration, very easy to wake up people in sleep, occasional accidents may occur, but if it happens frequently, it is also a problem with the living habits of the upstairs residents, and the bear child has a greater relationship.
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Legal analysis: The children running around upstairs should be regarded as disturbing the people to a certain extent, and the noise control time is from 22 o'clock to 6 o'clock in the morning 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 methods.
Legal basis: "Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution" Article 2 The term "environmental noise" as used in this Law refers to the sound generated in industrial production, building construction, transportation and social life that interferes with the surrounding living environment.
"Environmental noise pollution" as used in this Law refers to the phenomenon that the environmental noise generated exceeds the environmental noise emission standards prescribed by the state and interferes with the normal life, work and study of others.
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According to the Environmental Noise Pollution Prevention Act, "night" refers to the period between 22 p.m. and 6 a.m. At night, children who are too noisy can be considered a nuisance.
Legal basis: Law on the Prevention of Environmental Noise Pollution
Article 28 Where construction noise is discharged into the surrounding living environment within the urban limits of a city, it shall comply with the environmental noise emission standards for construction sites prescribed by the State.
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: 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) "Areas with a concentration of noise-sensitive buildings" refer to medical areas, cultural, educational and scientific research areas, and areas dominated by institutions or residential buildings.
4) "Night" means the period between 22 p.m. and 6 a.m.
e) "Motor Vehicles" means automobiles and motorcycles.
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1. The children upstairs run around from 22 o'clock to 6 o'clock the next day. The night measurement of the first-class living area is more than 50 decibels, and the night measurement of 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 will disturb the people, which belongs to noise pollution. If there is an act within these categories in the locality, it is a nuisance.
2. Legal basis: Article 45 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution.
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 46.
When using household appliances, musical instruments or other indoor recreational activities at home, the volume should be controlled or other effective measures should be taken to avoid causing environmental noise pollution to the surrounding residents.
2. What are the penalties for disturbing the people?
What are the penalties for disturbing the people, which need to be decided according to the specific circumstances:
1. If the police are called, the police generally give a warning first and ask not to continue to disturb the people;
2. If they continue to disturb the people, the police may impose public security penalties on them, fines them or impose administrative detention of up to 15 days depending on the circumstances;
3. If it seriously disrupts the order of social management and the circumstances are serious, then it is suspected of a crime.
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Legal analysis: The law stipulates that from 10 p.m. to 6 a.m. the next day, it is considered a nuisance. 1, upstairs children running around should be considered a nuisance to a certain extent, during this period if there is no too much loss to you, it should also be dealt with in a timely manner, so this phenomenon should be adjusted in time, if the child running is more serious, it should be appropriate, remind the child or let the parents take care of the child, so that you can reduce the impact on your life.
2. There are some things that should be paid attention to in daily life, you should choose a stable environment when you do a residential building, and you should consider these factors when buying a house, so that you can prevent couples from affecting your life, and you should also do a good job of soundproofing measures when decorating, so that you can prevent the sound from being too loud, or the children upstairs running around, which will affect your life. 3. If the children upstairs run around, if it disturbs your life, you should also remind the parents of the children appropriately, and you should do the corresponding adjustment measures, you can also appropriately switch the residence or do other adjustment measures, which can reduce the impact on you, and can also prevent disputes and contradictions.
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 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, 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 to emit environmental noise from the home room that seriously interferes with the lives of surrounding residents.
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