Aunt played musical instruments to disturb the community 10 months, and someone played musical instruments to disturb the community.

Recently, in Chaoyang District, Beijing, due to the long-term "noise disturbing people" next door neighbor playing the piano with high frequency and loud volume, Ms. Xu complained to 12345. After receiving the complaint, the staff of Chaoyang District People's Court in Beijing went to the scene to investigate and found that Ms. Xu's neighbor Hu Moumou had reached the level of noise pollution when playing the piano. On the spot, she made a pre-litigation behavior preservation ruling to stop noise intrusion, and issued the first pre-litigation injunction against her in Beijing. At the end of 20021,Mr. and Mrs. Hu moved to Ms. Xu's house next door. Ms. Xu is an elderly pregnant woman, deeply affected by noise, and the volume is above 55 decibels. Therefore, Ms. Xu further applied to the Chaoyang District People's Court in Beijing for pre-litigation behavior preservation measures, hoping to solve the current noise nuisance problem through legal channels.

Aunt played musical instruments in the community for 10 months to disturb the people. Come and have a look with me.

Is there noise pollution around you? # Noise #

Recently, in Chaoyang District, Beijing, due to the long-term "noise disturbing people" next door neighbor playing the piano with high frequency and loud volume, Ms. Xu complained to 12345. After receiving the complaint, the staff of Chaoyang District People's Court in Beijing went to the scene to investigate and found that Ms. Xu's neighbor Hu Moumou had reached the level of noise pollution when playing the piano. On the spot, she made a pre-litigation behavior preservation ruling to stop noise intrusion, and issued the first pre-litigation injunction against her in Beijing.

At the end of 20021,Mr. and Mrs. Hu moved to Ms. Xu's house next door. Since he checked in, Hu has been practicing piano for a long time with high frequency and high volume, and the room where he practiced piano is separated from Ms. Xu's two bedrooms by a wall. Ms. Xu is an elderly pregnant woman, deeply affected by noise, and the volume is above 55 decibels.

Moreover, Ms. Xu visited her neighbors many times to negotiate, and no consensus was reached.

In July this year, Ms Xu gave birth. After giving birth to a child, she and her children urgently need a quiet rest environment. In desperation, Ms. Xu called the hotline 12345 to reflect the noise intrusion problem.

After receiving Ms. Xu's appeal, she reflected the matter to the contradiction mediation work platform in Chaoyang District, Beijing. After screening, there is room for legal support and mediation. After the joint mediation of the neighborhood Committee and the police station, the contradictions between the two sides have not been satisfactorily resolved.

Therefore, Ms. Xu further applied to the Chaoyang District People's Court in Beijing for pre-litigation behavior preservation measures, hoping to solve the current noise nuisance problem through legal channels.

After receiving the application, the judge first learned about the process and basic situation of noise disturbing people from Ms. Xu, and reviewed the evidence submitted by Ms. Xu: a video of the indoor situation when she played the piano herself, and a screenshot of the indoor volume monitored by a decibel meter above 55 decibels.

On the afternoon of August 6, 2008, the judges came to Hu's house and learned about the piano placement, indoor environment and the volume generated during performance. He thinks that Hu's piano playing has reached the level of noise pollution.

It is said that Ms. Xu's application for pre-litigation behavior preservation measures is in compliance with the law, so she issued a civil ruling to the respondent Hu Moumou, ordering him to stop playing the piano with Ms. Xu in the wall space within 30 days from the effective date of the ruling.

After receiving the ruling, Hu immediately said that he would move the piano to other rooms without walls as soon as possible, and strengthen other effective measures such as sound insulation.

On August 23, Hu moved the piano to another house space not adjacent to the neighbor's fence, and applied for lifting the prohibition order. Subsequently, the court verified the scene environment and issued a ruling to lift the prohibition order after confirming that the noise harassment did not continue.

Noise disturbing the people is an illegal act with the definition of behavioral consequences. # Noise Disturbs People # As long as the generated noise interferes with the normal life of citizens, it is an illegal fact that noise disturbs people. Those who violate the laws and regulations on the prevention and control of noise pollution in social life and create noise to interfere with the normal life of others shall be given a warning; If no correction is made after warning, a fine ranging from 200 yuan to 500 yuan shall be imposed. The standard usage of noise is noise. From the physiological point of view, any sound that interferes with people's rest, study and work and the sound that people want to hear, that is, unnecessary sound, are collectively called noise. When noise has a bad influence on people and the surrounding environment, it will form noise pollution. In environmental noise assessment, instruments with certain characteristics are used to measure the noise level. The sound intensity level measured by curve is the most commonly used noise level and the basic evaluation quantity of noise.

Noise complaints are frequent.

Those who are infringed by noise have the right to demand the infringer to bear civil liability.

On February 24th, 20021,12, the Law on the Prevention and Control of Noise Pollution in People's Republic of China (PRC) was officially promulgated and came into force on June 5th, 2022.

Paragraph 2 of Article 65 of the Law stipulates: "When using household appliances, musical instruments or other family activities, the volume should be controlled or other effective measures should be taken to prevent noise pollution."

In addition, according to the relevant provisions of "Quality Standard for Residential Environment" and "Emission Standard for Community Noise", in areas where residential buildings are the main function and need to be kept quiet, the environmental noise limit is 55 decibels during the day and 45 decibels at night. Units and individuals that violate the provisions of the Law of People's Republic of China (PRC) on the Prevention and Control of Noise Pollution have the right to demand the infringer to bear civil liability.

In case of emergency, if the failure to apply for preservation immediately will cause irreparable damage to their legitimate rights and interests, they may apply to a court with jurisdiction for preservation measures before bringing a lawsuit. Compared with the litigation procedure, applying for pre-litigation injunction is simpler and faster, which not only helps to stop the ongoing infringement in time, but also helps to promote reconciliation between the two parties, timely and effectively calm down contradictions, repair relations, and avoid disputes from entering the litigation procedure, providing a new way to solve noise pollution disputes.

What are the penalties for noise pollution?

The competent administrative department of environmental protection that approved the environmental impact report of the construction project shall order it to stop production or use, and may also impose a fine; The competent administrative department of environmental protection of the local people's government at or above the county level may give a warning or impose a fine according to different circumstances; The competent administrative department of environmental protection of the local people's government at or above the county level shall order it to make corrections and impose a fine.

Aunt continued to play musical instruments in the community 10 months.

Practice at home at 7~8 pm. What should neighbors do if they complain about noise disturbing people?

How many decibels does the law stipulate as noise disturbing people?

Normal residential buildings that exceed 55 decibels during the day and 45 decibels at night are considered disturbing the people.

(1) According to the Law of People's Republic of China (PRC) on the Prevention and Control of Environmental Noise Pollution:

This standard is applicable to areas with residential, cultural and educational institutions as the mainstay. Rural living environment can refer to the implementation of such standards: 55 decibels during the day and 45 decibels at night.

(2) in the residential instrument measurement:

More than 55 decibels during the day (6: 00 ~ 22: 00) and more than 45 decibels at night (22:00~6:00) are disturbing the people.

(3) The competent unit for measuring noise pollution is the local environmental protection bureau. If there is noise pollution, you can report it to the local environmental protection bureau.

Practice at home at 7~8 pm, and the sound is no more than 55 decibels. I don't care about neighbors' complaints from a legal point of view, but I still suggest active consultation. After all, neighbors bow their heads and don't look up every day. If you knock at the door as soon as you practice the piano, you will be unhappy.

Does noise interfere with property management?

Property companies have the obligation to stop noise disturbing people, but they have no right to take compulsory measures or punishment. It is suggested that the owners should negotiate with each other first or reflect the coordination to the property after they encounter noise nuisance in the community, taking into account the neighborhood relationship. If negotiation fails, you can complain to the relevant departments or claim compensation from the court.

How to deal with the noise disturbing the people?

According to Article 58 of the Law on Public Security Administration Punishment, anyone who violates the legal provisions on the prevention and control of noise pollution in social life and creates noise to interfere with the normal life of others shall be given a warning; If no correction is made after warning, a fine ranging from 200 yuan to 500 yuan shall be imposed.

According to Article 46 of the Law on the Prevention and Control of Environmental Noise Pollution, when using household appliances, musical instruments or other indoor entertainment activities, the volume should be controlled or other effective measures should be taken to avoid causing environmental noise pollution to surrounding residents. Forty-seventh indoor decoration activities in residential buildings that have been completed and delivered for use shall limit the operation time and take other effective measures to reduce and avoid environmental noise pollution to surrounding residents.