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Kindergarten noise disturbance is an illegal act, can be dealt with through negotiation, if the negotiation effect is not good, you can call the police to deal with it.
According to the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 7 All units and individuals have the obligation to protect the environment from noise pollution, and have the right to report and accuse the units and individuals that cause environmental noise pollution.
Units and individuals directly affected by noise pollution have the right to request that the harm of noise pollution be mitigated and eliminated.
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.
Extended information: Case: Noise disturbance in a kindergarten in Haikou Kindergarten: Attention will be paid to noise control.
It is a good thing that the kindergarten is close to home and it is convenient to pick up and drop off children. However, Ms. Wang, who lives in Longkunxia Village, was devastated by the kindergarten just a few meters away from her home.
I have two elderly people at home, both of whom are not in good health and need to recuperate. But this kindergarten starts broadcasting at 7 o'clock in the morning every day, which makes it difficult to sleep. Ms. Wang told reporters that her home lives directly opposite the kindergarten in Longkunxia Village, and the kindergarten's radio and children's noise have a great impact on the elderly who are not in good health.
This has been going on for several years, and we can't stand it. Ms. Wang said with a sigh.
At about 5 o'clock in the afternoon of the 15th, a reporter from Haikou Network came to the Longkunxia Village Kindergarten in Longhua District, which is a three-story building and is only a few meters away from the opposite residential building. The reporter found that the children's frolicking could be clearly heard dozens of meters away from the kindergarten, and the sound heard in the residential building directly opposite was even louder.
Subsequently, the reporter walked into the Longkunxia Village Kindergarten, in the playground of the kindergarten, many children were chasing, playing, frolicking one after another, loud sounds, but no teacher went to discipline.
According to reports, Longkunxia Village Kindergarten has been established for more than 20 years and now has nearly 100 students. "Our school opens at 7:30 a.m. every day, and then **broadcasts** to organize students to do morning exercises. ”
Ms. Chen, the head of the kindergarten in Longkunxia Village, said that it may be that the radio was too loud and disturbed the rest of nearby residents. The park said that it will no longer broadcast in the near future, and at the same time will hold a staff meeting to let teachers strengthen discipline, reduce the volume of students, pay attention to noise control, and hope that nearby residents can understand.
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Communicate and mediate with the school, if necessary, you can, ** intervene, but if the kindergarten has no voice, it is also impossible, both parties must understand each other, which is also one thing.
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The noise that is conducive to children's growth cannot exceed 50 decibels, and only such an environment can make children's lives more comfortable, so it is necessary to make some noise reduction preparations through some design skills.
1. Acoustic design of outdoor environment.
In order to operate the kindergarten better, the initial site selection is also very important, and the kindergarten should be away from noisy places, but there will be demand in the place where people gather in life, but the environmental land will be very tight in the place where the gathering place, which leads to the construction of the kindergarten The address can not be chosen at will. But in order to solve this situation, there will also be some technology integrated into it, that is, acoustic design, scientific transformation of the building perimeter, so that the impact of noise can be greatly reduced. For example:
Using some bricks and stones with good isolation effect, or creating a plant belt around the building, these methods can effectively prevent the impact of external noise on the interior.
2. Indoor sound control.
There are three places where noise wants to be controlled: the source, the propagation path, and the recipient. It is not realistic for the current society to control the source of students, because there are too many noisy cities, so the general effective method is to control the transmission of noise.
Now for the indoor noise situation, we try to control the source of students, that is, to reduce the occurrence of noisy situations, of course, we will also do some noise reduction facilities, such as: sound insulation and sound absorption material selection, such as the size of the indoor space, and the height of the ceiling, etc., so you can make more use in this regard. Of course, this soundproofing material will be used, but in quiet spaces, high ceilings can be used, and in more active areas, high ceilings can be used.
In some cases, the receiver will need to make appropriate adjustments, which can effectively control the noise.
3. Introduce pleasant sounds.
One of the best ways to do this is to create a beautiful environment, which will allow people to relax naturally, thus reducing the appearance of noisy sounds, and of course, masking the effect of this noise. Of course, you can also create sounds that simulate nature, such as planting dense plants in the garden to attract birdsong, or planting some reeds and bamboo outdoors, so that children can feel the sound of the wind sweeping the leaves. Wind chimes, flutes, windmills, etc. can also be hung on outdoor windows.
This natural sound will also mask the noise of life and create a suitable environment for children to live and survive.
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Kindergarten noise disturbance by the local ecological environment management department management, when the noise disturbance has the following solutions:
A) the parties can communicate directly with the kindergarten management.
2) If communication is ineffective, you can complain to the local education department, people's police, community neighborhood committee, environmental protection and other departments.
3) If multiple departments still fail to solve the problem, the parties may file a lawsuit in the people's court.
Article 45 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution prohibits any unit or individual from using loudspeakers in areas where noise-sensitive buildings are concentrated in urban areas.
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.
Disputes over liability and the amount of compensation may, at the request of the parties, be mediated and handled by the competent administrative department of environmental protection or other supervision and management departments and institutions for the prevention and control of environmental noise pollution; 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.
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If you think that the noise disturbs the people, you can complain, I don't think there are too many problems with this, because the noise disturbance seems to be more than 65 decibels or 75 decibels, even if it disturbs the people, you can take a recorder, record it, and then complain to the relevant departments. It is normal for kindergartens to disturb the people, if there are so many children in him, he must do activities, then it will inevitably disturb the people.
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Give advice to the kindergarten. You can put forward suggestions for improvement to the kindergarten through electronic messages, emails, complaint letters, etc. Report to the neighborhood committee. Problems can also be reported to the neighborhood committee, and the neighborhood committee can come forward for consultation.
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Communicate with the kindergarten first, don't play**。。。
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It is recommended not to go to this kind of kindergarten with loudspeakers, not to mention the problem of noise disturbing the people, such a sound damage to children's hearing, but also shows that the manager has no quality and no scientific judgment.
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The parties can communicate directly with the kindergarten management, and the communication can be solved by the local education authorities.
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Talk to their leaders. If the noise in the kindergarten is disturbing the people, I think you can react to this with their leaders.
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It is inevitable that children will be noisy in places like kindergartens, but landlords can buy that kind of soundproof device online to try.
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Generally, the time for morning exercises in kindergarten starts at eight o'clock, which is about half an hour, as long as it is not at a particularly early time, then he is not a disturbance.
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What should I do if the noise in the kindergarten disturbs the people? I think you can call the EPA's ** and ask them to go to the scene to see the specific situation.
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The methods of complaining about nuisance in kindergartens in the community are as follows:
1. You can call the environmental protection report**or**service** to report, the night measurement of the first class of living areas is more than 50 decibels, and the night measurement of the second class of living areas is more than 65 decibels, as long as it exceeds 22 o'clock in the evening or to 6 o'clock in the morning of the next day, it is disturbing the people, which belongs to noise pollution;
2. You can log in to the relevant online complaint platform to report;
3. You can write to the local municipal environmental protection bureau to report;
4. Directly petition the local municipal environmental protection bureau to reflect the problem.
What are the penalties for disturbing people?
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 according to the circumstances: a fine or administrative detention of up to 15 days;
3. If the order of social management is seriously disrupted, and the circumstances are serious, then it is suspected of a crime.
[Legal basis].Article 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.
Article 59.
1) Pawnbroking workers who accept pawned items without checking relevant certificates, failing to perform registration formalities, or clearly knowing that they are criminal suspects or stolen goods, and failing to report them to the public security organs;
2) Violating state regulations by purchasing waste special equipment such as railways, oil fields, power supply, telecommunications, mines, water conservancy, surveying and urban public facilities;
3) Purchasing stolen goods or items suspected of being stolen by the public security organs;
4) Acquisition of other items prohibited by the state.
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Legal analysis: The kindergarten office is suspected of disturbing the people downstairs, of course, it is not legal! In the process of teaching, kindergartens will inevitably create various sounds, and there is a possibility of noise pollution!
According to the relevant regulations of China's Public Security Administration Punishment Law, this is suspected of disturbing the people, and it is naturally illegal! Therefore, it is not legal for kindergartens to be opened downstairs in residential buildings! However, although it is not legal, as long as the consent or understanding of the majority of owners in the community is obtained, the kindergarten can still be opened!
Legal basis: Education Law of the People's Republic of China
Article 17: The State implements a school education system such as pre-school education.
Article 26 Item (3), The establishment of schools and other educational institutions must have the basic conditions of teaching places, facilities, equipment, etc., which meet the prescribed standards
Law of the People's Republic of China on the Promotion of Private Education
11th private schools that organize the implementation of pre-school education and other cultural education shall be examined and approved by the people's education administrative departments at or above the county level in accordance with the authority provided by the State.
Paragraph 1 of Article 17 The examination and approval authority shall issue a license to a private school that has been approved for formal establishment.
Administrative Licensing Law of the People's Republic of China
Article 46: Where laws, regulations, or rules provide that the implementation of administrative licensing shall be heard, or other major administrative licensing matters involving the public interest that the administrative organ finds that a hearing is necessary, the administrative organ shall make an announcement to the public and hold a hearing.
Article 47: Where administrative licensing directly involves major interests between the applicant and others, the administrative organ shall inform the applicant and interested parties of the right to request a hearing before making an administrative licensing decision; Where applicants or interested parties submit an application for a hearing within 5 days of being informed of their right to a hearing, the administrative organ shall organize a hearing within 20 days. Applicants and interested parties shall not bear the costs of hearings organized by administrative organs.
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Kindergarten noise disturbance is managed by the local ecological environment management department.
30 to 40 dB is ideal for a quiet environment. Anything above 50 decibels can affect sleep and rest. Above 70 decibels can interfere with conversation and affect work efficiency.
Living in a noise environment above 90 decibels for a long time can seriously affect hearing and cause neurasthenia, headaches, increased blood pressure and other diseases. If suddenly exposed to noise up to 150 decibels, the auditory organs can be traumatized, causing the eardrum to rupture and hemorrhage, and the hearing in both ears is completely lost.
Noise standards are a major issue of international debate, because they are not only related to technology, but also involve huge investment, so although the "International Organization for Standardization" (ISO) recommends international standard values, many countries still publish their own standards.
With the deepening of people's understanding of noise hazards and the continuous progress of science and technology, people have begun to develop from only paying attention to the impact of noise on hearing to the impact of noise on the cardiovascular system and neuro-endocrine system, so as to formulate more scientific noise standards, which is the current trend of international research on noise standards.
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