Shanghai Society Noise Pollution Prevention Methods

Original Language Title: 上海市社会生活噪声污染防治办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384506.shtml

Shanghai society noise pollution prevention methods

    (November 26, 2012 the 157th meeting of Shanghai Municipal review on December 5, 2012, released from the Shanghai Municipal People's Government, the 94th as of March 1, 2013) article (purpose and basis)

    In order to control noise pollution of the social life, protect and improve the living environment, according to the People's Republic of China Law of prevention and control of environmental noise pollution and the People's Republic of China Law on administrative penalties for public security and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article II (scope of application)

    This approach applies to social life within the administrative area of the city noise pollution control.

    Article III (regulators)

    Municipal, district (County) in environmental protection Administrative Department (hereinafter referred to as environmental authorities) responsible for the administration of social supervision and management of prevention of noise pollution.

    Public security organs in accordance with statutory responsibilities, to create a social life noises normal lives of others implementing administrative penalties.

    The city planning, construction, Commerce, culture, urban management, housing management, education, sports, green city administrative departments according to their respective duties and the present regulations, shall coordinate the implementation of these measures.

    Fourth (noise control requirements)

    Municipal, district (County) when planning administrative departments in the Organization of urban and rural planning should be based on the various types of social noise potential impact on the surrounding environment, determines the layout. Municipal construction administrative departments in the formulation of design specifications, should clearly sound design requirements for noise-sensitive structures.

    Noise-sensitive structures when it is completed, acceptance of sound design requires that the implementation should be as content.

    Fifth (of business activities that generate noise pollution control)

    In noise-sensitive buildings are concentrated within the region and shall not engage in metal cutting, stone and wood processing were easy to produce noise pollution in commercial and business activities.

    In residential building and supporting commercial, commercial-residential buildings and residential areas, around schools, hospitals, institutions, shall open the Kara OK easy to produce noise pollution, such as singing and dancing entertainment place.

    Sixth (noise control related facilities in commercial business activities)

    Store managers along the street shall not be used outdoors audio equipment attract customers; indoor use audio equipment to attract more customers, its boundary noise noise emissions shall not exceed the State social standards. In noise-sensitive buildings are concentrated within the region shall be held commercial promotion activities can contribute to the noise pollution.

    Held in other regional commercial promotional activities using audio equipment, noise disturbing residents living around, the local environmental protection departments should be required to take measures of noise control.

    In commercial business activities using cooling towers, exhaust fan, alternator, water pump, air compressor, air conditioning units and other facilities, equipment, can contribute to the noise pollution, managers should take effective measures of controlling noise pollution, makes noise not noise emissions exceed the State social standards.

    Seventh (General requirements for noise control in public places) 22 o'clock to 6 o'clock the daily, close to noise sensitive buildings parks, public green spaces, squares and roads (including street, neighborhood and not within the Realty Management area) and other public places, shall be carried out using instruments or audio equipment fitness, recreational activities, disturbing others ' normal lives. Other than the provisions of the preceding paragraph, fitness, entertainment and other activities carried out in these places, not allowed to use audio equipment with external PA, disturbing others ' normal lives. 

    But according to the relevant regulations of the State Department for cultural administration, public security organs and other relevant administrative departments approved except for theatrical performances and other activities.

    Eighth (specific public place noise control requirements) For fitness, and entertainment, activities noise contradictions highlight of Park, park management who can with Xiang (town) Government or subdistrict offices, in district (County) environmental, and police, related management sector of guide Xia, organization fitness, and entertainment, activities of organizers, and participants and by effect who developed Park noise control statute; through reasonable divided activities regional, and staggered activities period, and qualified noise emissions value, way, avoid interference around life environment.

    If necessary, park managers can according to the layout of the Park, set up noise barriers, noise monitoring equipment and other facilities.

    For fitness, and entertainment, activities noise contradictions highlight of public green, and square, and road, specific public, location Xiang (town) Government, and subdistrict offices can in district (County) environmental, and police, related management sector of guide Xia, organization fitness, and entertainment, activities of organizers, and participants and by effect who developed noise control Statute, reasonable qualified activities range, and activities scale, and noise emissions value,. Fitness, recreation, such as event organizers, participants shall comply with the noise control requirements of the Statute.

    Violation of the noise control requirements, the public security organs can be used as the basis for deciding whether or not disturbing others ' normal lives.

    Nineth (vehicle anti-theft alarm noise pollution prevention and control)

    In noise-sensitive buildings are concentrated within the region, vehicle anti-theft alarm after ringing the alarm, vehicle users should be processed in a timely manner, avoid prolonged ringing disturbances around the living environment.

    Tenth (residential utilities noise pollution prevention and control)

    When creating a new residential area, the construction unit shall take measures of the water supply, drainage, heating, electricity, central air conditioning, elevators, public facilities such as ventilation noise emission in accordance with national social environmental noise emission standards.

    New residential sales, should be explicitly in the contracts for the sale of residential real estate development enterprises within the community on public facilities and supporting commercial noise pollution and control; in adjacent buildings have a noise impact on residential should be expressed. Both utilities emissions within the residential noise does not meet noise emission standards of social, public facility owner shall take effective measures to control.

    The Environmental Protection Department, housing administrative departments should strengthen the residential utilities noise pollution prevention guidance and supervision.

    Residential noise pollution should be integrated into the evaluation system of civilized community.

    11th (home entertainment, pets and noise pollution prevention and control)

    Residents used household appliances, musical instruments or other family fun activities, should control the volume or take other effective measures to avoid noise disturbing others ' normal lives.

    Pet keeper or manager shall take effective measures to avoid noise emitted by pets disturbing others ' normal lives.

    Residents affected by noise can be reflected to the owners ' committees, property management companies, owners ' committees and property management service for mediation shall be in accordance with the owner's management in residence Statute.

    12th (renovation noise pollution prevention and control) Daily from 18 o'clock to 8 o'clock the holidays (excluding weekends) all day, not in the delivery of residential noise inside the building's repair job.

    Renovation jobs at other times, noise prevention measures should be taken to avoid disturbing others ' normal lives.

    Residential owners can management rules according to the actual situation, agreed to stricter than the provisions of the preceding paragraph limit the time of renovation.

    13th (noise pollution) Noise sensitive buildings are concentrated in the region of high noise generated by schools not to use audio equipment.

    City Environmental Protection Department shall, in conjunction with the municipal educational administrative departments to guide schools to use audio equipment.

    14th (complaints)

    All units and individuals have the obligation to protect the environment from pollution, noise pollution and the right to have a social life to environmental protection Department and police complaints, report it.

    Environmental Protection Department and the public security organs to noise pollution complaints, reporting, should be processed in a timely manner, and shall inform the parties of the process results.

    15th (mediation)

    Disputes on the social noise, district (County), environmental protection Department, Township (town) people's Government, the subdistrict office can mediate the party's application. UN-Habitat (village) Commission should assist local government and related departments on noise pollution affecting the social life of the community for treatment.

    Parties to a dispute over noise pollution can contribute to the UN-Habitat (village) people's mediation committees established by the Commission for mediation; Mediation Committee can also take the initiative to mediate.

    16th (city inspections)

    When the city law enforcement department in routine inspections, found the managers of the stores along the street and in public health, recreation and other activities of the organizers, participants, and acts in violation of these rules, shall be discouraged who refuses to listen to dissuade, informed the police.

    17th (supervision) Environmental Protection Department and the public security authorities have the power to place society noise emissions for site supervision and examination.

    Units under inspection shall cooperate and truthfully reflect the situation of prevention and control of noise and provide the necessary information.

    18th (environmental protection departments administrative penalties)

    Violation of these regulations, any of the following acts, rectification by the Environmental Protection Department, in accordance with the following penalties:

    (A) violation of the first paragraph of this article fifth, noise sensitive buildings are concentrated in the region engaged in metal cutting, stone and wood processing and other business activities, fined 10,000 yuan and 50,000 yuan fine;

    (B) violation of the sixth paragraph these measures for commercial business activities using facilities, equipment of the boundary noise noise emissions exceed the State social standards, up to 3000 Yuan and 30,000 yuan fine.

    19th (public security organs regarding administrative penalties)

    Violation of these regulations, any of the following acts, by the public security organs in accordance with the People's Republic of China article 58th of the provisions of the law on public security administration punishments, warning warning do not make the corrections, impose a fine of less than 200 Yuan and 500 Yuan:

    (A) in violation of the first paragraph of this article sixth, outdoor use audio equipment to attract customers;
(B) violation of these measures article seventh, during the prohibition period instruments or audio equipment fitness, recreational activities, or use audio equipment with external PA fitness and entertainment activities;

    (C) the violation of the first paragraph of this article 12th, with complaints from residents about noise and neighborhood committees, owners ' committees or Realty management company confirmed, or there is other evidence to confirm that the noise is disturbing others ' normal lives.

    20th (tort) Units and individuals by social noise pollution, can require the perpetrator to stop the infringing act, eliminating danger, remove, compensate for the losses.

    Against their own legitimate rights and interests of the parties may initiate litigation to the people's Court according to law.

    21st (administrative)

    Environmental Protection Department and the public security agency staff in the supervision and administration of prevention and control of noise in social life, not investigated complaints, report violations committed, by their work units or departments shall be given a warning, demerit, and demerit are serious, demotion or dismissal.

    22nd (execution date) These measures shall take effect on March 1, 2013.

    On February 25, 1986, stationary source, Shanghai Municipal People's Government, issued by the management of noise pollution control abolished at the same time.

    Attached:

1. the People's Republic of China on prevention and control of environmental noise pollution-related articles

41st society noise in this law, refers to the resulting from human activities in addition to industrial noise and construction noise and traffic noise interference around the living environment of the sound.

    63rd of this law, the following terms mean:

    (A) the "noise emission" refers to the noise from the source to the surrounding environment-radiated noise.

    (B) "noise-sensitive buildings" refers to hospitals, schools, institutions, research institutions and residential buildings needs to keep quiet.

    (C) "noise-sensitive buildings concentrated area" refers to the medical, cultural, educational and scientific research areas and dominated by offices or residential areas.

2. the People's Republic of China Law on administrative penalties for public security related articles Article 58th violating noise pollution laws on social life, create noise disturbing others ' normal lives, warning warning do not remove from 200 Yuan and 500 Yuan fine.