How to deal with the noise of car horns at the gate of the community?

The noise of car horns at the gate of the community can be reported, 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

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.

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.

There's nothing that can be done about it.

If the local city has a clause prohibiting honking, you can call the police.

But if the city does not prohibit the honking, it is not illegal for others to honk.

There is no way to solve this kind of thing, so I can only reflect it to the community street and then report to the traffic police force that a sign prohibiting honking is installed here, but now it is difficult to say how long this efficiency will be solved, so it is recommended that you move

You can go to the property in the community for feedback, and let the community property come forward to stop it, which is also better for us and there will be no unnecessary conflicts.

This kind of thing is best to go to the neighborhood committee to solve, you pay attention to go back to manage this piece, they are more appropriate, if you dare to come forward, it may cause disputes, to quarrel, so if the party comes forward to represent **, then the problem can be solved.

It's best to put on a sign at the gate.

Legal analysis: If the car horn in the community disturbs the people, you can call the police. Noise disturbance is under the jurisdiction of the public security organs, and the police can be immediately reported to deal with it.

The noise is very loud, violating the "Noise Law" and the "Public Security Administration Punishment Law" as prescribed by law, and will be subject to fines and detention. Units and individuals who are harmed by environmental noise pollution have the right to require the perpetrator to eliminate the harm; where losses are caused, compensation shall be made in accordance with law.

Legal basis: Article 58 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution Whoever, in violation of the provisions of this Law, commits 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; (3) Failing to take measures in accordance with the provisions of articles 46 and 47 of this Law to emit environmental noise from the home room that seriously interferes with the lives of surrounding residents.

Legal analysis: The loud noise at the entrance of the community disturbs the people, and the parties can report and accuse the units and individuals who cause environmental noise pollution. 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 basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution

Article 2 The term "environmental noise" as used in this Law refers to the sound generated in industrial production, construction, transportation and social life that interferes with the surrounding living environment.

"Environmental noise pollution" as used in this Law refers to the phenomenon that the environmental noise generated exceeds the environmental noise emission standards prescribed by the state and interferes with the normal life, work and study of others.

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.

Legal analysis: The practice of the supermarket at the door is not only a disturbance to the people, but also an illegal act, and you can complain and report to the local public security organ. 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.

Legal basis: Article 44 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution prohibits the use of loudspeakers or other methods of emitting high noise to solicit customers in commercial activities. Where air conditioners, cooling towers and other equipment and facilities that may produce environmental noise pollution are used in commercial business activities, their operators and managers shall take measures to ensure that their boundary noise does not exceed the environmental noise emission standards prescribed by the state.

The horn at the entrance of the community is very noisy, you can go to complain. If the community disturbs the people, they can complain to the property in the community and let the property come forward to adjust. According to the relevant provisions of the Property Management Law, the property should have the right to stop the noise pollution in the community.

If the property coordination fails, you can also directly call 12369 to complain to the Environmental Protection Bureau; Or go to the owners' committee, because the main role of the owners' committee is to supervise the operation of property management, and it can also accept complaints from property owners.

If the noise exceeds the standard value range: 45 to 55 decibels, of which 40 decibel is 40 decibel at night and 50 decibel during the day, it is considered as a noise nuisance. This means that the owner speaks indoors and can be heard clearly outside, which shows how loud this volume is.

One type of community, which is mainly residential, including rural housing, is considered a noise nuisance if the noise exceeds 50 decibel at night. The second-class community, covering the mixed type of housing and commercial, should not exceed 65 decibels at night. And after 10 p.m. and until 6 a.m. the next morning, the noise made during this time is considered noisy.

For the renovated community, noise construction is prohibited from 6 p.m. to 8 a.m. the next day, so as not to disturb the people.

Legal Analysis: It is illegal to publicize this on loudspeakers in the community. If you encounter noise interference, you can file a complaint and report it to the local public security organ.

Legal basis: 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. 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.

Legal analysis: The police may be reported to the public security organ for handling, and the public security organ will give a warning and impose a fine. The prevention and control of environmental noise pollution is to protect and improve the living environment, but also to protect human health and promote economic and social development; 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 basis: Article 58 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution Whoever, in violation of the provisions of this Law, commits 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; (3) Failing to take measures in accordance with the provisions of articles 46 and 47 of this Law to emit environmental noise from the home room that seriously interferes with the lives of surrounding residents.

1. If the car honks and disturbs the people, you can choose to call the police or complain to the competent department of ecology and environment. Units and individuals who are harmed by environmental noise pollution have the right to request that the perpetrator remove the harm; where losses are caused, compensation shall be made in accordance with law. Disputes over liability and the amount of compensation may be mediated and handled by the competent department of ecology and environment or other supervision and management departments and institutions for the prevention and control of environmental noise pollution at the request of the parties; 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.

2. Legal basis: Article 61 of the Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution.

Units and individuals who are harmed by environmental noise pollution have the right to request that the perpetrator remove the harm; where losses are caused, compensation shall be made in accordance with law.

Disputes over liability and the amount of compensation may be mediated and handled by the competent department of ecology and environment or other supervision and management departments and institutions for the prevention and control of environmental noise pollution at the request of the parties; 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.

Article 62.

If the supervision and management personnel of environmental noise pollution prevention and control abuse their powers, dereliction of duty, or twist the law for personal gain, they shall be given administrative sanctions by their units or the competent authority at a higher level; where a crime is constituted, criminal responsibility is pursued in accordance with law.

2. What are the penalties for disturbing the people?

1. If the police are called, the police will 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. Where the order of social management is seriously disrupted, and where the circumstances are serious, a crime is involved.