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If the noise of the supermarket disturbs the people, you can call the police to deal with it.
The normative use of noise is noise, and from a physiological point of view, any sound that interferes with people's rest, study and work, as well as the sound that people want to hear, that is, unwanted sound, is collectively referred to as noise. Noise pollution occurs when noise has an adverse effect on people and the surrounding environment.
In physics, noise refers to all irregular signals (not necessarily sound), such as electromagnetic noise, thermal noise, radio transmission noise, laser noise, fiber optic communication noise, camera image noise, etc.
Noise is a subjective evaluation criterion, that is, all sounds that affect others are noise, even if it is **.
From the perspective of environmental protection, all "unwanted sounds" that affect people's normal study, work and rest, and in some occasions, are collectively referred to as noise. For example, the sound of machine burning, the sound of various means of transportation, the noise of people and various sudden sounds, etc., are all called noise. With the development of industrial production, transportation, urban buildings, and the increase of population density, the increase of household facilities (televisions, etc.), environmental noise has become increasingly serious, and it has become a major public nuisance polluting the human social environment.
Although noise control is technically mature, due to the large scale of modern industry and transportation, there are many enterprises and places that need to adopt noise control, so it is necessary to make a comprehensive trade-off from the aspects of technology, economy and effect in preventing noise. Of course, specific issues should be analysed on a case-by-case basis. In the control room, design room, workshop or place where employees work for a long time, the intensity of noise should be low; The warehouse or few people go to the workshop or an open place, and the noise is a little higher.
In short, there should be a certain difference in the treatment of noise at different times, different places, different properties and different durations.
Article 42 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution In areas where noise-sensitive buildings are concentrated in urban areas, commercial enterprises that cause environmental noise pollution due to the use of fixed equipment in commercial business activities shall, in accordance with the provisions of the competent department of ecology and environment, declare to the local people's competent department of ecology and environment at or above the county level where they are located the status of the equipment that causes environmental noise pollution and the facilities for the prevention and control of environmental noise pollution.
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For the problem of noise disturbance, you can call the police to deal with it.
According to Article 58 of the "Public Security Administration Punishment Law", it is also stipulated that if the law on the prevention and control of noise pollution in social life is violated, and noise is made to interfere with the normal life of others, a warning shall be given; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.
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1. Report to the urban management department and deal with it.
2. Report to the environmental protection department.
3. Go down and warn the small traders and let them leave automatically!
4. Continue to endure.
Friend, this kind of problem is also difficult to ** now, the solution is only temporary, and then it will come again, just bear with it if you can. There is no such thing as a good way for individuals.
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Legal analysis: For the problem of noise disturbance, you can call the police to deal with it.
Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 6 The competent department of ecology and environment shall implement unified supervision and management of the prevention and control of environmental noise pollution nationwide.
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.
Article 7 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.
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.
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Noise nuisance can be reported to the police.
According to Article 58 of the "Public Security Administration Punishment Law of the People's Republic of China", anyone who violates the laws and regulations on the prevention and control of noise pollution in social life and creates noise to interfere with the normal life of others shall be given a warning; If the correction is not made after the warning, a fine of between 200 and 500 yuan shall be imposed.
According to Article 46 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution, when using household appliances, musical instruments or other indoor entertainment activities at home, the volume shall be controlled or other effective measures shall be taken to avoid environmental noise pollution to the surrounding residents.
Extended Materials. Noise nuisance prosecutions.
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. To prosecute a noise nuisance, you need to have evidence that can prove the existence of noise, such as witness testimony, audio recordings, party statements, etc.
Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes:
1) Statements of the parties;
2) documentary evidence; 3) physical evidence;
4) audio-visual materials;
e) electronic data;
6) witness testimony;
7) Appraisal opinions;
8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.
Article 64: Parties have the responsibility to provide evidence for their own claims. The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case. The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.
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1. How to complain about the noise of the store downstairs?
The noise of the downstairs store can be complained to the industrial and commercial department or the public security organ.
If the negotiation fails, the only way to file a lawsuit is to go to court, because it violates the neighboring rights. At the same time, go to the industrial and commercial department to report and check whether their business is legal, whether they have obtained relevant certificates and approval procedures.
In addition, the property management company should standardize the management of the community in the actual operation process of the façade, especially the standardized management of parking and noise, etc., and should set up a time period to prohibit the operation of large trucks that are noisy and easy to constitute traffic congestion during the period that affects the rest and travel of the owners, so that the operation of the façade does not affect the normal life of the residential owners in the community.
2. What are the criteria for noise nuisance?
In the national "Urban Area Noise Standard", the maximum limit of environmental noise in five types of urban areas is clearly stipulated:
1) Recuperation area, high-end villa area, high-end hotel area, 50db (decibels) during the day, 40db at night (from 22 o'clock to 6 o'clock the next day, the same below);
2) In areas dominated by residential, cultural and educational institutions, 55db during the day and 45db at night;
3) Residential, commercial, and industrial mixed areas, 60db during the day and 50db at night;
4) Industrial zone, 65db during the day and 55db at night;
5) In the urban road traffic arteries, inland waterways, and areas on both sides of the main and secondary railway lines, 70db during the day and 55db at night.
3. Can noise disturb the public and call the police?
It can be alarmed, and the maximum limit of environmental noise in five types of urban areas is clearly stipulated according to the "Urban Area Noise Standard".
1) Recuperation area, high-end villa area, high-end hotel area, 50 decibels during the day and 40 decibels at night;
2) In areas dominated by residential, cultural and educational institutions, 55 decibels during the day and 45 decibels at night;
3) Residential, commercial and industrial mixed areas, 60 decibels during the day and 50 decibels at night;
4) Industrial zones, 65 dB during the day and 55 dB at night;
5) In the areas on both sides of the main and secondary railway lines of road traffic arteries, inland waterways, and railways, 70 decibels during the day and 55 decibels at night (night refers to 22 o'clock to 6 o'clock the next morning).
Public Security Administration Punishment Law
Article 58: Where the law on the prevention and control of noise pollution in social life is violated by creating noise that interferes with the normal lives of others, a warning shall be given; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed.
Noise disturbance can be dealt with by the police, and if it is found to be true after investigation, the public security organ will warn the noise maker or give a fine of more than 200 yuan but not more than 500 yuan. A volume of more than 45 decibels at night is considered noise.
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Legal analysis: For this situation, there is no good solution, the best way is to negotiate, and it is not a problem to call the police to solve it.
Legal basis: Article 45 of the Noise Law of the People's Republic of China prohibits any unit or individual from using 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 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.
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Legal analysis: Complain to the local urban management department, if there is still noise after the complaint is handled once, you can sue the court.
Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution Article 61 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, 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.
The noise of the factory disturbs the people, and the local people's environmental protection administrative department at or above the county level where the project is located is responsible. Noise nuisance is under the management of the environmental protection department. 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. >>>More
Legal analysis: If there is a property owner decorating during the non-decoration period, causing disturbance to the people, go to the door to discuss with the neighbor first, indicating that it cannot be decorated during this time and can be avoided. If your neighbor is unreasonable, ignores your words, and still goes your own way. >>>More
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Urban management law enforcement. If the hotel refuses to make rectifications, or the rectification is not in place, then you can report to the neighborhood office and let the neighborhood office come forward to deal with it, and the neighborhood office will arrange for someone from the urban management team to come forward and issue a rectification notice to the hotel within a time limit according to the hotel's violations. If the rectification is not in place, the punishment will be further increased, and it may even be possible to suspend the hotel for rectification. >>>More
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Handling of upstairs disturbances: You can coordinate with your neighbors first, and if you fail to negotiate, you can call the police or sue. According to the provisions of the "Public Security Administration Punishment Law", if the law on the prevention and control of noise pollution in social life is violated, and noise is created to interfere with the normal life of others, a warning shall be given; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed. >>>More