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Is it disturbing to shout with a loudspeaker in the community at 6 am?
1, the first-class living quarters measured more than 50 decibels at night and the second-class living quarters measured more than 65 decibels at night. As long as it exceeds 22 o'clock at night or arrives at 6 o'clock the next morning, it is a nuisance and belongs to noise pollution.
If there are these types of behaviors in your place, it is a trouble. According to national regulations, in residential areas, the allowable outdoor noise level is 50 decibels during the day and 40 decibels at night.
3. In the National Law on the Prevention and Control of Environmental Noise Pollution, the phenomenon of exceeding the national environmental noise emission standard and interfering with the normal life, work and study of others is called environmental noise pollution. Including industrial noise pollution, construction noise pollution, traffic noise pollution and social life noise pollution, we focus on social life noise pollution.
Hualvwang
Second, the social life noise pollution
Article 41 The term "social life noise" as mentioned in this Law refers to the noise generated by human activities that interferes with the surrounding living environment except industrial noise, construction noise and traffic noise.
Article 42 Commercial enterprises that use fixed equipment to conduct business activities in areas where noise-sensitive buildings are concentrated in urban areas and cause environmental noise pollution must, in accordance with the provisions of the competent administrative department of environmental protection of the State Council, report to the competent administrative department of environmental protection of the local people's government at or above the county level the status of the equipment that causes environmental noise pollution and the facilities for preventing and controlling environmental noise pollution.
Article 43 The boundary noise of newly-built commercial cultural and entertainment places must meet the environmental noise emission standards stipulated by the state; Do not meet the national environmental noise emission standards, the administrative department for culture shall not issue a cultural business license, and the administrative department for industry and commerce shall not issue a business license.
Managers of cultural and entertainment venues in operation must take effective measures to make their boundary noise not exceed the environmental noise emission standards prescribed by the state.
Article 44 It is forbidden to use loudspeakers in commercial activities or attract customers by other methods that make high noise.
Third, legal responsibility.
Article 58 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 also be fined:
(a) The use of loudspeakers in urban areas where noise-sensitive buildings are concentrated;
(two) in violation of the provisions of the local public security organs, organize entertainment, assembly and other activities in public places such as urban streets, squares, parks, etc., and use audio equipment to produce excessive volume 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, and emitting environmental noise from the indoor environment that seriously interferes with the life of the surrounding residents.
Article 59 Whoever 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 by the competent administrative department of environmental protection of the local people's government at or above the county level to make corrections and may also be fined.
Article 60 Whoever violates the provisions of the first paragraph of Article 44 of this Law and causes environmental noise pollution shall be ordered by the public security organ to make corrections and may also be fined.
If the people's government at or above the provincial level decides according to law that the competent administrative department of environmental protection of the local people's government at or above the county level shall exercise the power of administrative punishment stipulated in the preceding paragraph, it shall make a decision.
Sixty-first units and individuals that are harmed by environmental noise pollution have the right to ask the perpetrators to eliminate the harm; If losses are caused, compensation shall be made according to law.
Disputes over the liability for compensation and the amount of compensation may be settled through mediation by the competent administrative department of environmental protection or other supervisory and administrative departments and institutions for the prevention and control of environmental noise pollution at the request of the parties concerned; If mediation fails, the parties may bring a lawsuit to the people's court. The parties may also directly bring a suit in a people's court.
Article 62 If the supervisory and administrative personnel for the prevention and control of environmental noise pollution abuse their powers, neglect their duties or engage in malpractices for selfish ends, they shall be given administrative sanctions by their units or the competent authorities at higher levels; If a crime is constituted, criminal responsibility shall be investigated according to law.
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