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Alarm. Legal basis: Article 58 of the "Public Security Administration Punishment Law of the People's Republic of China" violates the legal provisions on the prevention and control of noise pollution in social life, and makes noise to interfere with the normal life of others, shall be given a warning, and if it is not corrected after the warning, a fine of not less than 200 yuan but not more than 500 yuan shall be imposed.
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If the malicious noise of the shop downstairs disturbs the people, you should directly report to the police and the local police station will mediate the situation.
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If the malicious noise of the shop downstairs disturbs the people, it is recommended to call the police immediately or complain to the relevant neighborhood committee through formal channels.
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You can use some jammers or something, but that's temporary, you can make them quieter.
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Property report, if it doesn't work, hit the mayor ** to complain.
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1. The handling methods for noise disturbance in the shops downstairs are as follows:
1) You can complain to the industrial and commercial department or to the local ecological and environmental management department;
2) The parties shall negotiate, and if the negotiation fails, they will file a complaint, and if the complaint fails, they will file a lawsuit.
2. 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.
2. What are the basic standards for noise nuisance?
1. Working in an environment with noise levels of 85 decibels and 90 decibels for 30 years, the probability of deafness is 8% and 18% respectively;
2. In an environment with a noise level of 70 decibels, it is difficult to talk;
3. The noise level threshold for interfering with sleep and rest is 50 decibels during the day and 45 decibels at night.
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Legal analysis: If you are looking for a property, you can go to the industrial and commercial department or the local public security bureau (110) to report. There are two types of residential downstairs shops.
One is that the downstairs of the purchased residential building was originally a shop, but the downstairs shop is obliged not to produce noise that affects the rest of the upstairs residents; The other is to convert the house into a shop on your own, which requires the consent of your neighbors and does not disturb the people with noise.
Legal basis: "Property Management Regulations" Article 45 of the property management area in violation of the relevant public security, environmental protection, property decoration and use of laws and regulations, property service enterprises shall be stopped, and timely report to the relevant administrative departments. After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law.
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Legal analysis: 1. 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. 2. If the communication and coordination of the property management company fails, the owner can call 12369 to complain to the environmental protection department.
3. Dial 110, and the public security will punish the shop accordingly. The boundary noise of new for-profit cultural and entertainment venues must meet the environmental noise emission standards stipulated by the state; If it does not meet the environmental noise emission standards stipulated by the state, the cultural administrative department shall not issue a cultural business license, and the administrative department for industry and commerce shall not issue a business license.
Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 42 In the area 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, report to the competent department of ecology and environment of the local people's department 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.
Article 43 The boundary noise of newly built for-profit cultural and entertainment venues must comply with the environmental noise emission standards prescribed by the State; If it does not meet the environmental noise emission standards stipulated by the state, the administrative department of culture shall not issue a cultural business license, and the market supervision and administration department shall not issue a business license.
The operators and managers of cultural and entertainment venues in operation must take effective measures to ensure that their boundary noise does not exceed the environmental noise emission standards stipulated by the state.
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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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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.
1. Conditions that constitute a nuisance:
1. The night measurement of the first-class living area is more than 50 decibels, and the night measurement of the second-class living area is more than 65 decibels, as long as it exceeds 9 o'clock or 10 o'clock in the evening, it is disturbing the people, which belongs to noise pollution. If there is an act within these categories, it is a nuisance.
2. The decoration time in the community is from 12 o'clock to 14 o'clock and from 19 o'clock to 7 o'clock the next day to not disturb the people. The time set by each province varies, but it is much the same, and the operation of the residents during the normal rest time is considered a nuisance. The allowable decoration time is concentrated from 7 a.m. to 12 p.m. and from 2 p.m. to 7 p.m.
3. From 11 p.m. to 7 a.m. the next day, if the decibel is higher than 80 decibels, it is a disturbance.
2. Procedures for dealing with disturbances:
1. Complaints from local environmental protection departments;
2. Alarm; 3. Filing a lawsuit with the court to stop the infringement, or to rectify it, reduce noise emissions and working hours.
Legal basis: 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 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.
Noise Law of the People's Republic of China
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.
Article 58: Where the provisions of this Law are violated by any of the following conduct, the public security organs are to give warnings and may impose a concurrent fine:
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, and using audio equipment to produce excessive noise that interferes with the surrounding living environment.
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Legal Analysis: Calling the Police. Article 58 of the Public Security Administration Law of the People's Republic of China violates the legal provisions on the prevention and control of noise pollution in social life
where noise is made to interfere with the normal life of others, a warning is given; and where corrections are not made after warning, a fine of between 200 and 500 RMB is to be imposed. Article 44 and Article 45 of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution and Noise Pollution prohibit the use of sound amplification equipment near residential buildings in the community. Article 90 of the Property Law stipulates that:
Holders of immovable property rights must not dispose of solid wastes in violation of state regulations, or discharge harmful substances such as air pollutants, water pollutants, noise, light, and electromagnetic radiation. If the noise reaches a certain decibel level, you can refer to this law and the court will order you to stop the noise nuisance.
Legal basis: Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 42 In the area 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, report to the competent department of ecology and environment of the local people's department 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.
Article 44: It is forbidden to use loudspeakers or other methods that emit 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.
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Legal Analysis] The noise of the downstairs store can be complained to the industrial and commercial department or the public security organ. If the negotiation fails, you can only sue the court, because it violates the early rights of neighbors. 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. There are two types of residential downstairs shops. One is that the downstairs of the purchased residential building is originally a shop, but the downstairs shop is obliged not to produce noise that affects the rest of the upstairs residents, and the other is to independently convert the house into a shop, which requires the consent of the neighbors, and the noise must not disturb the people.
Legal basis: 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 and interfering with the normal life of others shall be given a warning; Those who do not travel to the state to make corrections after being warned are to be fined between 200 and 500 yuan.
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