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Legal analysis: 1. When residents complain about the surrounding noise, the complaint acceptance center of the city will transfer the complaints to the relevant competent departments according to their responsibilities according to the type of noise, and the relevant departments will investigate and deal with the noise according to their own job responsibilities.
2. If it is the noise emitted by the interior decoration activities, the loudspeaker in the square, the noise of the hawker, etc., it is mainly managed by the public security organ. If it is noise caused by social life such as air conditioners and restaurants, then it is mainly managed by urban management. If it is a noise generated by an industrial company, the Environmental Protection Bureau is the main person to manage it.
If the noise is caused by traffic such as roads, the Transportation Commission is the main person in charge of the noise.
3. The noise managed by the Municipal Public Security Bureau specifically includes:
1) The use of loudspeakers or other commercial activities that emit high noise.
2) Noise emitted by the use of audio equipment in public places such as streets, squares, and parks in urban areas to organize entertainment, gatherings, and other activities.
3) Noise from household appliances, musical instruments, or other indoor home entertainment activities.
4) Noise from interior renovation activities.
4. The noise managed by the Municipal Urban Management Bureau specifically includes:
1) Noise pollution caused by the operation and use of air conditioners and cooling towers in the cultural and entertainment industry, catering service industry, commercial enterprises, etc.
2) Construction noise pollution, food and beverage service industry fume pollution.
5. 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 noise pollution. Units and individuals who are harmed by noise have the right to ask the other party to eliminate the hazard; If there is a loss, then the loss must be compensated in accordance with the law.
6. If you violate the laws and regulations on the prevention and control of noise pollution in social life, and make noise to interfere with the normal life of others, you will be given a warning, and if you do not correct it after the warning, you will be fined more than 200 yuan - 500 yuan.
Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
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.
Article 66: 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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Ways to solve noise pollution and nuisance people:
Try to refuse to buy goods sold by noisy vendors, and do not go there to consume. On the premise of ensuring personal safety, discourage and publish the store name, specific address, and related ** of the shop that emits noise online.
It is estimated that these vendors are superstitious in releasing noise and shouting loudly, so that they can make more money. If everyone unites to defend their rights, and let these people make less money, or even lose money, it is estimated that these operators may be able to restrain themselves, even if they are only for themselves.
Ways to complain about noise:
1.Mayor**: 12345
2.Public security: 110
Public security police violation of discipline and law: 12389
For security reasons, please keep your name anonymous and do not disclose any personally identifiable information about the complainant.
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You can file a complaint with the relevant department of the police station of the Public Security Bureau, or contact the local city management department, or report to the police to negotiate a settlement. Noise nuisance is an offence defined by the consequences of an action. As long as the noise generated disturbs the normal life of citizens, the illegal fact of causing noise and disturbing the people is under the management of the Environmental Protection Bureau.
If the public encounters noise disturbances, the property management enterprise shall also stop the environmental noise pollution in the management area, and report to the supervision and management department of the relevant environmental noise pollution prevention and control in a timely manner. If it still cannot be resolved, the only way to do so is to entrust a lawyer to sue and demand that the infringement be stopped. The noise standard in residential areas should be controlled between 45 dB and 55 dB.
For shops that make noise and affect the normal life of others, the public security bureau will generally warn them once in advance, and if they still refuse to change after the warning, they will be fined between 200 yuan and 500 yuan depending on the severity of the situation.
Public Security Administration Punishment Law of the People's Republic of China》 Article 58 Whoever violates the laws and regulations on the prevention and control of noise pollution in social life by creating 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 hazards.
Hazards of noise: 1. Seriously affect the function of the central nervous system, resulting in nervous system weakness and dysfunction of the nervous system, such as long-term noise will lead to insomnia, dreaminess, poor rest and sleep conditions, or poor quality of rest and sleep, shortened deep sleep phase, prolonged light sleep phase or neuropathic headache, migraine, insomnia, dreaminess and other clinical symptoms and manifestations; 2. Symptoms of cardiac insufficiency, which will lead to coronary ischemia and transient vasospasm under the harm of noise for a long time, resulting in chest tightness, shortness of breath, palpitations, precordial discomfort and other conditions; 3. Noise can also cause irreversible damage to the ear canal and auditory system, such as leading to neural tinnitus or even nervous deafness.
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Legal Analysis: Shop noise is under the management of the Environmental Protection Bureau. Citizens can complain to the environmental protection department or contact the local city management department or call the police to negotiate a solution in case of noise disturbance.
If it still cannot be resolved, the only way to do so is to entrust a lawyer to sue and demand that the infringement be stopped. The noise standard in residential areas should be controlled between 45 dB and 55 dB, and the volume exceeding this standard is considered a noise nuisance. Property management enterprises shall stop the environmental noise pollution in the management area, and report to the supervision and management department of environmental noise pollution prevention and control in a timely manner.
Legal basis: Article 38 of the Regulations of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution Whoever, in violation of the provisions of these Regulations, commits any of the following acts, shall be punished by the public security department in accordance with the Regulations of the People's Republic of China on Public Security Administration Punishments: (1) In public areas such as streets, squares, parks, and recuperation areas, and scenic spots, without the approval of the people at or above the county level, the use of high-power broadcast loudspeakers or broadcast propaganda vehicles; (2) Employing methods that make loud noises to solicit customers; (3) emitting noise from indoors or public areas that seriously interferes with others; (4) Failing to install or use special vehicle alarms in accordance with regulations; (5) Driving motor vehicles or boats in a lot and at a time where the movement of motor vehicles or boats is prohibited.
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Legal Analysis: Shop noise is under the management of the Environmental Protection Bureau. Citizens can call 12369 to complain to the environmental protection department or contact the local city management department or 110 to negotiate a solution. If it still cannot be resolved, the only way to do so is to entrust a lawyer to sue and demand that the infringement be stopped.
Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
12th urban planning departments in determining the construction layout, shall, in accordance with the national sound environment quality standards and civil building sound insulation design code, reasonably delineate the noise prevention distance between buildings and traffic arteries, and put forward the corresponding planning and design requirements.
Article 13 New construction, reconstruction, and expansion construction projects must comply with the provisions of the State on the management of environmental protection of construction projects.
If the construction project may produce environmental noise pollution, the construction unit must submit an environmental impact report, stipulate the prevention and control measures of environmental noise pollution, and report to the competent department of ecology and environment for approval in accordance with the procedures prescribed by the state.
In the environmental impact report, the opinions of the unit and residents where the construction project is located shall be included.
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1. Who is responsible for the noise disturbance of shops needs to be specifically analyzed
1) When residents complain about the surrounding noise, the complaint reception center of the city will transfer the complaint to the relevant competent departments according to their responsibilities according to the type of noise, and the relevant departments will investigate and deal with the noise according to their job responsibilities;
2) If it is the noise emitted by the interior decoration activities, the loudspeaker in the square, the noise of the hawking, etc., it is mainly managed by the public security organ.
2. Legal basis: Article 38 of the Regulations of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution.
Anyone who violates the provisions of these Regulations by committing any of the following acts shall be punished by the public security department in accordance with the "Regulations of the People's Republic of China on Public Security Administration Punishments":
1) In public areas such as streets, squares, parks, and recuperation areas, or scenic spots, without the approval of the people at or above the county level, high-power broadcast loudspeakers or broadcast propaganda vehicles are used;
(2) Employing methods that make loud noises to solicit customers;
(3) emitting noise from indoors or public areas that seriously interferes with others;
(4) Failing to install or use special vehicle alarms in accordance with regulations;
(5) Driving motor vehicles or boats in a lot and at a time where the movement of motor vehicles or boats is prohibited.
2. What are the noises under the management of the Municipal Public Security Bureau?
1) The use of loudspeakers or other commercial activities that emit high noise.
2) Noise emitted by the use of audio equipment in public places such as streets, squares, and parks in urban areas to organize entertainment, gatherings, and other activities.
3) Noise from household appliances, musical instruments, or other indoor home entertainment activities.
4) Noise from interior renovation activities.
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According to Qeeka Home experts, now when people choose a house, they like to choose a good location and convenient transportation, so that life will be more convenient, but at the same time, life is also easily affected by noise, so the owners of this type of house must do the corresponding sound insulation measures when decorating. So, who is responsible for the noise disturbance of shops? How to decorate to play a role in sound insulation?
Let's take a brief look at the dust below.
1. Who is responsible for the noise of shops and disturbing the people?
Shop noise disturbance should be under the control of the local public security bureau, disturbed residents can call 110 to complain, for the noise of shops, and affect the normal life of others, the public security bureau will generally warn once in advance, after the warning or repeated teaching, will be based on the severity of the situation, imposed a fine between 200 yuan and 500 yuan.
Second, how to decorate to play a role in sound insulation.
1. The sound is easy to enter the room through the gap between the window and the door, and it is recommended that the owner replace the original window and door with soundproof glass or door, but because some buildings have requirements for appearance, if there is no replacement condition, you can paste a soundproof strip on the door or glass, and the effect will be much better.
2. If you want a quieter environment, you can install decorative building materials with sound insulation effect on the wall, such as attracting wallpaper, sound-absorbing panels, sound-absorbing wall carpets, etc., which can not only play the role of sound insulation, but also have good decorative performance, which can be described as killing two birds with one stone.
3. The floor slab of some buildings is not well handled, or it is too thin, so you can often hear the sound of walking upstairs or moving furniture, if this is the case, it is recommended to install sound-absorbing cotton on the ceiling, which is not easy to occupy space, and can also play a better sound insulation effect.
4. In addition to the function of blocking the light and installing blind decorations, as long as you choose the right curtains, in fact, they also have a certain sound insulation effect, so if it is a bedroom near the roadside, it is recommended to pay more attention when choosing the curtains, and try to choose a thicker material.
Summary: The above about who is in charge of shop noise disturbance, and how to decorate to play a sound insulation role is introduced here, I hope it will help you. If you want to know more about related information, please pay attention to Qeeka Home.
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