-
The children of the upstairs residents play ball every day to disturb the people, and the property has been persuaded many times to no avail, which has formed a disturbance to a certain extent, and the police can be called if necessary.
Noise nuisance is an offence defined by the consequences of an action. As long as the noise generated disturbs the normal life of citizens, it is illegal to produce noise to disturb the people.
China's detection and evaluation standards for environmental noise are as follows:
1. For some sanatoriums, villas and high-end hotels, the daytime should not exceed 50 decibels, and the night should not exceed 40 decibels;
2. If it is used for the office area of the area or government department where you live, it cannot exceed 55 decibels during the day and 45 decibels at night for such areas;
3. If it belongs to commercial areas, residential areas and industrial areas, it cannot exceed 60 decibels during the day and 50 decibels at night for such areas;
4. For the industrial area, the working environment is more complex and the pace is very fast, in this case, there is no need for a too quiet environment, so for this kind of area, it can not exceed 65 decibels during the day and 55 minutes at night;
5. If it is a road area belonging to urban traffic or a waterway area that passes through the urban area, it cannot exceed 70 decibels during the day and 55 decibels at night for such areas.
If the decibel level is exceeded, then this kind of behavior has already constituted an act of nuisance.
Article 58 of the Public Security Administration Punishment Law of the People's Republic of China Violating the laws and regulations on the prevention and control of noise pollution in social life by making noise and interfering 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.
Article 82: Where it is necessary to summon a person who violated the administration of public security to be investigated, a summons warrant is to be used to summon them with the approval of the responsible person for the public security organ's case-handling department. People's police may orally summon violators of the administration of public security discovered at the scene upon presentation of their work identification, but this shall be noted in the interrogation record.
The public security organs shall inform the summoned person of the reasons and basis for the summons. A person who does not accept a summons without a legitimate reason or evades a summons may be compulsorily summoned.
Article 83: After being summoned, the public security organs shall promptly inquire and verify the violators of the administration of public security, and the time for questioning and verification must not exceed 8 hours; Where the circumstances are complicated and administrative detention might be applied in accordance with the provisions of this Law, the time for questioning and verification must not exceed 24 hours.
The public security organs shall promptly notify the family of the summoned person of the reason for the summons and the location.
-
It can be sued, and it can be resolved through civil litigation. If the noise of others interferes with normal rest and has an impact on life, psychology and body, it is a civil tort. Civil liability can be borne in the form of a formal apology, cessation of infringement, restitution to the original state, compensation for losses, etc., and may be sued, please stop the infringement, restore the original state, and make a formal apology.
Legal analysis
First of all, as a noise harasser, you should know that there are relevant regulations on the noise decibel limit, and the relevant regulations stipulate the maximum limit of environmental noise in five types of urban areas. The standard applies to urban areas. Rural living areas can be implemented with reference to this standard.
For example, residential areas do not exceed 55 decibels during the day and 45 decibels at night. If the neighbor's ** night is greater than 45 decibels, you can ask the other party to lower ** at this time, and you can also call the police, but it is recommended to solve it in the following ways: negotiated settlement, including self-determination and reconciliation.
It refers to the fact that the subject of the dispute relies on its own strength to resolve the dispute in order to protect its own rights and interests. Self-determination refers to the fact that one party to the subject of a dispute uses its own strength to make the other party subordinate. Reconciliation refers to mutual compromises and concessions between the two parties.
What both have in common is that they both rely on their own power to resolve disputes, without the involvement of a third party and without being bound by any norms. If the neighbor makes noise and affects his or her own life, although you can call the police at this time, in fact, the police cannot guarantee that you will be able to deal with this kind of neighborhood relationship, so in the face of the neighbor's frequent noise-making behavior, you can directly write a civil complaint and sue the neighbor in court.
Legal basis
Article 58 of the Public Security Administration Punishment Law of the People's Republic of China Violating the laws and regulations on the prevention and control of noise pollution in social life by making noise and interfering 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 287 of the Civil Code of the People's Republic of China The owner has the right to request the construction unit, property management service enterprise or other managers and other owners to bear civil liability for the infringement of their lawful rights and interests.
-
When encountering this kind of problem, it is really very annoying, children are not like adults, no self-control, no self-control, you really have no way to take him, only to communicate and coordinate with the child's parents tirelessly, so that the child's parents can take away the child's ball and reduce the child's indoor sports! Otherwise, there is no particularly reasonable and appropriate way.
-
In this case, if you complain to the property many times to no avail, you will call the police, which is a serious nuisance to the people, and you can also sue to collect evidence, because more than how many decibels it belongs to noise pollution will be punished.
-
The children of the upstairs residents play ball every day to disturb the people, and the persuasion of the property is fruitless. If he still doesn't listen to the dissuasion, he can ask 110 for help. It can be said that he is interfering with the normal life of his neighbors and surrounding residents.
-
You can talk to the upstairs residents to inform them about the impact of your child's actions on your life, or ask for help from the property. It really can't be solved, but you can call the police.
-
Extreme methods of words. I'll also take a mop and knock on the roof to see who is annoying, haha. Education does not only depend on parents, many people's personal demonstrations of children are curious and love to learn, will educate well, downstairs empty space for children to build toys and facilities basketball can be.
-
You can call the police, that is, say that mental harm has been caused, and the community police will come to persuade you. If he really can't do it, he sued the court to fight a civil lawsuit and demand compensation for his mental damages.
-
Between 10 p.m. and 6 a.m., you can call the police, and then the police will detect if there is really a nuisance, and if so, they will correct it.
Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 60. Where the provisions of the first paragraph of Article 44 of this Law are violated by causing environmental noise pollution, the public security organs shall 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.
-
There are children at home, especially children under the age of 3, sometimes it is inevitable for children to make trouble, so the key is to what extent, whether the noise is loud enough to disturb the people, there is a standard, you can test the following.
If you have, you can call 110 or sue in court.
-
In this case, you can call the police on the grounds of disturbing the people and let ** deal with it.
-
I don't have a better way.
My advice is patience and tolerance.
Don't use a shaker, that will only exacerbate the conflict, and the situation will be worse.
-
This situation is a little bit bad, you can only say that your luck is not good, to catch up with this useless, moral neighbor, this situation is recommended to communicate with the other party more.
-
What can be done when you meet such a neighbor? The children of the upstairs residents play ball every day and disturb the people, and the adults of the downstairs residents should communicate and mediate with the parents of the residents upstairs, and the neighbors should take care of each other and do not disturb the rest of the neighbors, thank you for the invitation, Buddhism, April 2, 2021.
-
When I met such an unconscious neighbor, I was speechless, and I had no choice but to hope that their children would grow up or move away.
-
In this case, you can complain to the local neighborhood committee or property management, or you can complain to the public security organ to support his behavior.
-
Just buy a vibrator.
Choose a bedroom location, preferably a naughty child's bedroom, to let them know that it's not right to disturb people.
-
This situation can only hurt both sides, you can't sleep well, and they don't want to sleep well.
-
You can only talk to their parents and ask them not to play at home.
-
Negotiate with her, and knock on the door to remind her if it's okay.
-
It is recommended to buy a vibrator and return a tooth for a tooth.
-
Call the police, there is a police coordination.
-
You can talk to his parents.
-
I think it's still a gift to the soldiers, if the property is useless to find his home then you can call 110, and then find the community to mediate, if his family still doesn't care about the children, then you can buy a vibrating device!You have to use unreasonable methods to deal with unreasonable people, and the vibrator should only affect his family!Shock him for a few nights and be honest.
-
If it is considered to disturb the people, playing ball upstairs, exceeding the prescribed standards, and affecting the normal life of the residents, it is disturbing the people, and the affected residents can negotiate with the parties, and if they can't do it, they can also complain to the property. Environmental noise emitted from the home room that seriously interferes with the lives of surrounding residents. The public security organs are to give a warning and may impose a concurrent fine.
Noise in noise nuisance should refer to the noise of social life, such as the noise of neighbors;Animal noises such as dog barking and cat barking;Noise generated by shopping mall activities and marketing;Decoration construction noise, etc. Generally, the environmental protection bureau or urban management bureau will be informed of the file code, and the victim will contact the relevant department for processing.
The categories of nuisance are;
1. Environmental protection. If the ambient noise exceeds the legal decibel standard. Railway locomotives, airports, factory production, etc.
2. Adjacency. See the path of others to the best blue cherry blossoms.
3. Order of life. The dog barks in the middle of the night, affecting other people's car alarms to sound for a long time, playing mahjong all night, calling loudly, and sending a large number of garbage text messages.
Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 46.
When using household appliances, musical instruments, or other household indoor entertainment activities, the volume should be controlled or other effective measures should be taken to avoid environmental noise pollution caused by the remorse bush to the surrounding residents.
Law of the People's Republic of China on Public Security Administration Punishments
Article 58.
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.
Throwing things upstairs and throwing things on the ground floor (we live on the ground floor), dirty and messy, we wanted to give stickers to the residents upstairs telling them not to litter and write what is good. >>>More
Prospering people, strong veins, only honeycomb. If it endangers the safety of pedestrians, the only way to get rid of it is to drive it away. Consideration may be given to having an experienced person collect and feed.
It is not the responsibility of the property to modify the drainage structure of the upstairs residents without authorization, resulting in the backsplash of the downstairs floor drain. >>>More
The upstairs occupant was a man in his 60s, who had been dead for a long time when he was found. The man had relatives in the same city, and the man usually returned to the house only occasionally. The family said that because they had their own families and everyone was busy, they had not seen the deceased for more than 10 days before that. >>>More
The sewer was blocked, and the sewage backflow caused damage to the house on the first floor, and the owner sued all the residents upstairs, and the court ordered each household to pay 4,000 yuan in compensation. >>>More