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Legal analysis: The noise standard of the regulation is divided into two periods of emission standards during the day (6-22 o'clock) and night (22-6 o'clock), whether it is during the day or at night, if the noise exceeds the specified emission standards and interferes with the normal life, study and work of others, it is noise pollution.
Legal basis: "Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution" Article 41 The term "noise in social life" as used in this Law refers to the sound generated by human activities that interferes with the surrounding living environment except for industrial noise, construction noise and traffic noise. 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 organs 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. Article 59:
Anyone who violates the provisions of the second paragraph of Article 43 and the second paragraph of Article 44 of this Law and causes environmental noise pollution shall be ordered to make corrections by the local people's ** administrative department for environmental protection at or above the county level, and may be fined concurrently. Article 60: Whoever violates the provisions of the first paragraph of Article 44 of this Law by causing environmental noise pollution shall be ordered to make corrections by the public security organ and may be fined concurrently.
Where the people's administrative departments at or above the county level decide in accordance with law that the administrative departments for environmental protection of local people's governments at the county level or above are to exercise the administrative punishment powers provided for in the preceding paragraph, follow their decisions.
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Noise is the sound that interferes with people's rest, study, and work.
1) Article 58 of the Law on the Prevention and Control of Environmental Noise Pollution stipulates that anyone who violates the provisions of this Law and commits any of the following acts shall be given a warning by the public security organ and may be fined concurrently:
1. Use loudspeakers in areas where noise-sensitive buildings are concentrated in urban areas;
2. Violating the regulations of the local public security organs by organizing entertainment, assemblies 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;
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.
2) Article 61 of the Law on the Prevention and Control of Environmental Noise Pollution stipulates that 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. 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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The nuisance law stipulates that as long as the noise generated disturbs the normal life of citizens, it is illegal to produce noise and disturb the people. The night measurement of the living area is more than 50 decibels, and the night measurement of the second-class living area is more than 65 decibels, and it is disturbing the people if it exceeds 22 o'clock in the evening or until 6 o'clock in the morning the next day. It is forbidden to carry out noise-generating renovation and other disturbing operations in residential buildings that have been completed and delivered for use on statutory holidays and holidays from 12 p.m. to 2 p.m. and from 6 p.m. to 8 p.m. on weekdays.
Noise control measures should be taken for decoration during other time periods to reduce the disturbance to surrounding residents. Avoid construction during the lunch and evening breaks.
Law of the People's Republic of China on Public Security Administration Penalties
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; If the correction is not made after the warning, a fine of between 200 and 500 yuan shall be imposed.
Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 30. In areas where noise-sensitive buildings are concentrated in urban areas, it is forbidden to carry out construction operations that produce environmental noise pollution at night, except for emergency repairs, emergency operations, and continuous operations that must be carried out due to production process requirements or special needs.
If it is necessary to operate continuously due to special needs, it must be certified by the people at or above the county level or its relevant competent departments.
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The provisions of the nuisance law include residential, commercial and industrial mixed areas, where more than 60 decibels during the day and more than 50 decibels at night are considered nuisances; In areas dominated by residential, cultural and educational institutions, more than 55 decibels during the day and 45 decibels or more at night are considered nuisances.
Law of the People's Republic of China on the Prevention and Control of Noise Pollution
Article 9. All units and individuals have the obligation to protect the sound environment, and at the same time enjoy the right to obtain sound environment information, participate in and supervise the prevention and control of noise pollution in accordance with the law.
Units and individuals emitting noise shall take effective measures to prevent and reduce noise pollution.
Law of the People's Republic of China on the Prevention and Control of Noise Pollution in the Sail Leather Brotherhood of the People's Republic of China
Article 2. "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.
"Noise pollution" as used in this Law refers to the phenomenon of exceeding noise emission standards or failing to take prevention and control measures in accordance with the law, resulting in noise attacks and interfering with the normal life, work, and study of others.
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The noise standard is divided into two periods of emission standards during the day (6-22 o'clock) and night (22-6 o'clock), whether it is during the day or at night, if the noise exceeds the specified emission standards and interferes with the normal life, study and work of others, it is noise pollution.
How are noise nuisance laws and regulations stipulated?
Relevant provisions of laws and regulations on noise nuisance: 1. Noise nuisance refers to the phenomenon of exceeding noise emission standards or failing to take prevention and control measures to produce noise and interfere with the normal life, work and study of others; 2. Violating the laws and regulations on the prevention and control of noise pollution by making noise and interfering with the lives of others, the public security organ shall give a warning to the perpetrator, and if he does not make corrections after the warning, he shall be fined.
What is the legal requirement for low-frequency noise nuisance?
Article 29 of the Law on the Prevention and Control of Environmental Noise Pollution stipulates that within the urban area of the city, if the machinery and equipment used in the construction process are clever and may produce environmental noise pollution, the construction enterprise must report to the environmental administrative department at or above the county level 15 days before the start of the project. The content of the declaration includes the project name, construction site and deadline of the project, the environmental noise value that may be generated, and the environmental noise pollution prevention and control measures taken.
Article 30 of the Law on the Prevention and Control of Environmental Noise Pollution stipulates that construction operations that produce environmental noise pollution are prohibited at night in areas where noise-sensitive buildings are concentrated in urban areas. Article 294 of the Civil Code provides that the owner of immovable property rights shall not dispose of solid wastes in violation of state regulations, and discharge harmful substances such as air pollutants, water pollutants, noise, light, and electromagnetic radiation.
What is the regulation of noise disturbance time during the day.
If it is in a residential area, the permissible outdoor noise level is 50 decibels during the day and 40 decibels at night. According to national regulations, it can also be divided into, 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. If there is an act in a place that falls within these categories, it will constitute a nuisance.
Provisions on the time of disturbance at night.
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 22 o'clock in the evening or until 6 o'clock in the morning of the next day, it is disturbing the people, which belongs to noise pollution. If you are in a place where there is an act that falls within these categories, it is a nuisance. According to national regulations, in residential areas, the allowable outdoor noise level is 50 decibels during the day and 40 decibels at night.
How to complain about disturbing the people.
There are two ways to complain about disturbance: 1. Report to the police and complain. After the police are called, the nuisance will be warned; If the correction is not made after the warning, a fine of between 200 and 500 yuan shall be imposed. 2. Call the local environmental protection department's complaint ** to make a complaint.
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