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Construction noise disturbing the people is under the management of the environmental protection department.
Noise disturbance at construction sites is generally managed by the local environmental protection department and public security department. When the noise emitted by the construction site causes trouble to the surrounding owners, the owners can complain to the local environmental protection department and the public security department, and can also call 12369 to complain. Under normal circumstances, the construction time of the construction site must be within the specified time, if it is necessary to work continuously at night for special reasons, it must be approved by the environmental protection department at or above the county level, and it is necessary to make an announcement to the surrounding owners.
For night construction disturbances, you can file a complaint with the local environmental protection department. According to Article 30 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution, it is forbidden to carry out construction operations that produce environmental noise pollution at night in areas where noise-sensitive buildings are concentrated in urban areas, except for emergency repairs, emergency operations and continuous operations that must be required by production processes 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 56 stipulates that if a construction unit violates the provisions of the first paragraph of Article 30 of this Law by carrying out prohibited construction work that produces environmental noise pollution at night in the concentrated area of noise-sensitive buildings in urban areas, the administrative department of environmental protection of the local people's government at or above the county level where the project is located shall order corrections and may be fined. According to the above provisions, you can file a complaint with the local environmental protection department.
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At present, the management of urban noise is mainly carried out by the environmental protection and public security departments. Environmental Protection Bureau: If you encounter noise from night construction, enterprise production, and catering service industries, you can dial 12369.
The environmental protection department is only responsible for the supervision of noise from "night construction sites, enterprise production, and catering service industries". "For example, noise from piling and concrete mixing on construction sites is indeed regulated by the environmental protection department. "Public Security Bureau:
If you encounter noise from motor vehicles, social life, and decoration, you can dial 110. The public security department is mainly responsible for: motor vehicles, social life noise, interior decoration and other disturbing behaviors.
Construction noise refers to the sound generated during the construction process that interferes with the surrounding living environment. Where construction noise is discharged into the surrounding living environment within the urban area of the city, it shall comply with the environmental noise emission standards for the boundaries of the construction site prescribed by the state.
Within the urban area of the city, the use of machinery and equipment in the construction process may produce environmental noise pollution, the construction unit must be reported to the local people's environmental protection administrative department at or above the county level where the project is located 15 days before the start of the project, the construction site and the time limit, the environmental noise value that may be generated and the environmental noise pollution prevention and control measures taken.
Noise is basically divided into the following four categories:
1. Industrial noise refers to the sound that interferes with the surrounding living environment when fixed equipment is used in industrial production activities, which is under the jurisdiction of the Environmental Protection Bureau;
2. Construction noise is under the jurisdiction of the Environmental Protection Bureau;
3. Traffic noise refers to the sound of motor vehicles, railway locomotives, motor ships, aircraft and other means of transportation that interfere with the surrounding living environment during operation, and is under the jurisdiction of various industry departments such as public security by road motor vehicles;
4. Noise in social life, except for industrial noise, construction noise and traffic noise generated by human activities, that interferes with the surrounding living environment, in principle, belongs to the public security organs, but there are two exceptions:If residents feel disturbed by noise pollution in the community, they can first report to the property management company and let the property management company come forward to coordinate and solve the problem, and if the property management company communicates and coordinates without results, the owner can complain to the environmental protection department by himself.
Legal basis: Article 26 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution The relevant competent departments shall gradually stipulate noise limits in the national standards and industry standards for products formulated in accordance with the law for industrial equipment that may produce environmental noise pollution according to the requirements of sound environmental protection and the economic and technical conditions of the country.
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Legal analysis: Citizens can call 12369 to complain to the local environmental protection department, or contact the local city management department or 110 to negotiate and resolve. 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.
Call 110 to call the police**, the police will give him a verbal warning, and if he refuses to listen, he can be fined or even detained by the public security administrative punishment regulations.
According to the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution, noise nuisance is an illegal act defined by the consequences of an act. As long as the noise generated disturbs the normal life of citizens, it is illegal to produce noise to disturb the people. The Noise Law does not specify how many decibels the sound must reach in order to constitute a noise nuisance.
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 ** at or above the provincial level decide in accordance with law that the administrative departments for environmental protection of local people's ** at or above the county level shall exercise the administrative power to punish the lack of punishment provided for in the preceding paragraph, follow its decision.
Article 61 Units and individuals that are harmed by environmental noise pollution have the right to request that the perpetrator eliminate the harm; where losses are caused, compensation shall be made in accordance with law.
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Noise is basically divided into four categories: (1) Industrial noise, which refers to the sound that interferes with the surrounding living environment when using fixed equipment in industrial production activities, is managed and dismantled by the Environmental Protection Bureau. (2) Construction noise refers to the sound generated during the construction process that interferes with the surrounding living environment, which is under the jurisdiction of the Environmental Protection Bureau.
3) Traffic noise refers to the sound of motor vehicles, railway locomotives, motor vessels, aircraft and other means of transport that interfere with the surrounding living environment during operation, and is under the jurisdiction of public security and other industry departments by road motor vehicles. (4) Noise in social life, the sound that interferes with the surrounding living environment generated by human activities, except for the noise of the industry, construction noise and traffic noise, shall in principle belong to the public security organs, except for two exceptions:Normal noise problems of cultural and entertainment venues and commercial fixed equipment and facilities in operation.
If residents feel disturbed by noise pollution in the community, they can first report to the property management company and let the property management company come forward to coordinate and solve the problem, if the property management company fails to communicate and coordinate, the owner can call 12369 to complain to the environmental protection department. Legal basis: Article 83 of the Property Law of the People's Republic of China The owner shall abide by the laws, regulations and management regulations.
The general meeting of owners and the owners' committee have the right to require the perpetrator to stop the infringement, eliminate the danger, remove the nuisance, and compensate for the losses in accordance with laws, regulations and management regulations for acts that harm the legitimate rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, refusing to pay property fees, etc., which harm the legitimate rights and interests of others. Owners may file a lawsuit in the people's court in accordance with law for acts that infringe upon their lawful rights and interests.
Please contact the environmental protection department.
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Construction noise nuisance generally refers to the jurisdiction of the Environmental Protection Bureau. Construction noise generally refers to the sound generated during the construction process that disturbs the surrounding living environment. 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.
Legal basisArticle 6 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution shall implement unified supervision and management of the prevention and control of environmental noise pollution across the country.
The competent departments of ecology and environment of the local people's governments at or above the county level shall implement unified supervision and management of the prevention and control of environmental noise pollution within their respective administrative areas.
The competent departments of public security, transportation, railways, civil aviation and other departments at all levels and port supervision agencies shall, in accordance with their respective duties, supervise and manage the prevention and control of noise pollution in transportation and social life.
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