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Shanghai Society Noise Pollution Prevention Methods

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

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Social life of the sea

(Summit No. 157 Permanent Meeting of the People's Government of Shanghai, 26 November 2012 to consider the publication, effective 1 March 2013, of Decree No. 94, of the People's Government Order No. 94 of 5 December 2012.

Article 1 (Deputy and basis)

In order to combat social impunity and to protect and improve the living environment, this approach is based on the relevant laws, regulations and regulations, such as the People's Republic of China Act on Environmental Exposure Pollution Control, the People's Republic of China Act on Security Management of the People's Republic of China.

Article 2 (As applicable)

This approach applies to the prevention of the slack of social life within the city's administration.

Article 3 (Procurement)

The municipal and district (zone) environmental protection administration (hereinafter referred to as the environmental sector) is responsible for monitoring the management of social noise pollution control in the current administration.

In accordance with its statutory responsibilities, the public security authorities impose administrative penalties for acts of interference with the normal life of others.

The executive branch, such as the city planning, construction, business, culture, urban administration, housing management, education, sports, greening, etc., implements this approach in collaboration with the provisions of their respective responsibilities and approaches.

Article IV (Option of captive control requirements)

In organizing rural and urban planning, the municipal and district (zone) planning administrations should be structured in the light of the potential impact of the various social life noises on the surrounding environment.

The city-building administration sector should clarify the requirement for separate designs for sensitive buildings when developing regulations for construction design. The implementation of the request for separate design requests should be one of the elements of the inspection when the noise-sensitive buildings were completed.

Article 5 (Consistence of business activity that can produce noise pollution)

In the area where noise-sensitive buildings are concentrated, commercial activities that can easily generate noise contamination, such as metal cutting, fossil materials and wood processing are not permitted.

In the home building and its accompanying commercial properties, in the area of the integrated commercial buildings and in the vicinity of the residential small areas, schools, hospitals, agencies, etc., no escalating places such as KaraOK could easily generate noise contamination.

Article 6.

The operators of street stores may not use audio-visual equipment to solicit customers indoor rooms; indoors, the use of audio-visual devices to solicit customers, and their border noise shall not exceed the country's prescribed social life environment noise emission standards.

In the area where the noise-sensitive buildings are concentrated, commercial promotion activities that may result in noise contamination cannot be held. In other regions, commercial promotion activities for the use of audio-visual materials have resulted in noise interference with the lives of the inhabitants, and the environmental sector should request its noise control measures.

In commercial operations, the operators should take effective anti-polluting measures to make the border noise free of emissions from the social environment established by the State.

Article 7.

Between 22 and 6 p.m., public parks, public greenfields, squares, roads (including streets and trajectorys not in the area of the management of the material industry) are not allowed to carry out activities such as hygienic, recreational and other activities that are used for the use of slogans or audio-visual devices to disrupt the normal lives of others.

In addition to the previous paragraph, activities such as hygienic, recreation and recreation in the above-mentioned premises shall not be used to use audio-visual material with the expediency extension devices to disrupt the normal life of others. However, in accordance with the relevant provisions of the State, activities such as horticulture, approved by the relevant administrations, such as the cultural administration sector, the public security authority, etc.

Article 8

In the case of parks where there is no contradiction between activities such as health, recreation and recreation, the park manager may organize the statute for the control of parks with the communes (communes) people or street offices to avoid interference with the surrounding environment, including through the rational division of activities, the time of the operation, the limitation of the noise value. Where necessary, the park manager may adjust the plant under the law and set up the facilities such as the Voice Bar, the Yumony.

In particular public places such as hygienic, recreation and recreation, such as Voices and Roads, the people's government in the communes (communes), street offices can organize activities such as hygienic, recreation, as well as actors and affected persons to develop statutes for capturing noise control, with the guidance of the relevant management agencies such as the environment, public safety, etc., with reasonable limitations on the scope of activities, the scale of activities, the noise emission values.

The organizer of activities such as hygienic, recreation and participants should comply with the requirements of the relevant statute of control. In violation of the requirement of noise control, public security authorities can serve as one of the basis for determining whether to interfere with the normal life of others.

Article 9 (Letter pollution control of vehicle-based fire protection systems)

In the area where the noise-sensitive buildings are concentrated, the vehicle protection against theft of police units is to be processed in a timely manner, avoiding prolonged interference in the surrounding life environment.

Article 10 (Sexploitation of hygienic facilities in small residential areas)

In the construction of new residential small zones, construction units should take steps to bring the noise of water, drainage, heating, electricity, central air conditioning, gradient, ventilation, etc. to meet the country-mandated socio-life environment.

In connection with the sale of new homes, real estate development enterprises should express in the sale contract the availability and control of the noise pollutant sources of public-use facilities and the accompanying commercial premises, and the impact of the noise in the adjacent buildings on the residential small area should be expressed together.

The noise of emissions from public-use facilities in the home area is not in accordance with the social living environment noise emission standards, and the owner of the public facility should take effective measures to govern it. The environmental sector, the housing administration sector should strengthen the guidance and supervision of the slackening of public-use facilities in small residential areas.

The situation of noise pollution control in small residential areas should be integrated into the civilized small-zone assessment system.

Article 11 (Child recreational activities, anti-sex pollution control)

Residents use home-based electrical devices, beatings or other family recreational activities, and should control audio or other effective measures to avoid creating noise disrupting the normal life of others.

The breadwinner or the manager should take effective measures to avoid any noise that interferes with the normal life of others.

Residents affected by the noise can be reflected to the owners' committees, industry service enterprises, which should be redeployed in accordance with the Statute of the Career Management of the Minors.

Article 12

Between 18 and 8 hours a day and the statutory holidays (no two days) shall not be allowed to carry out an unwarranted operation within the residential buildings that have been delivered. In other times, the operation should be carried out with noise control measures to avoid disrupting the normal lives of others.

The statute governing the management of the small-scale residential sector may, in accordance with the actual circumstances, agree on time limits set out in the previous paragraph.

Article 13 (Currence of school noise)

Schools in the area where the noise-sensitive buildings are concentrated should not be used to generate noise. The urban environmental sector should guide the use of audio-visual equipment in schools with the municipal education administration.

Article 14 (A complaint)

Any unit and individual have the obligation to protect the environment from unnecessarily pollution and have the right to complain and report to environmental and public security authorities on acts that result in social noise.

Complaints and reports of noise contamination by the environmental sector, public security authorities should be processed in a timely manner and inform the parties of the outcome.

Article 15 (Conciliatory mechanisms)

Disputes arising from the noise of social life can be conciliationd by district (zone) environmental sectors, communes (communes) and street offices on the basis of the parties' application.

The People's Committee should assist the host Government and the relevant sectors in the implementation of governance for the slack of social life affecting communities. The parties to the dispute over noise can apply for mediation to the People's Mediation Commission established by the House (Chief) Commission; the People's Mediation Commission may also take the initiative to mediate.

Article 16 (Curricula)

At the time of the day-to-day patrols, the city's law enforcement authorities found operators along street stores and organizers, participants in activities such as hygienic, recreation, etc. in public places, to be discouraged in a timely manner; to reject the dissuasion and to inform the public security authorities to deal with them.

Article 17 (Option of inspection)

The environmental sector, the public security authorities have the right to conduct on-site monitoring inspections of sites where the voices of emission social life are lost. The inspected units should be synchronized, reflecting the extent to which the noise is contaminated and providing the necessary information.

Article 18

In violation of this approach, one of the following acts has been changed by the time limit for environmental sector accountability and punished in accordance with the following provisions:

(i) In violation of article 5, paragraph 1, of this approach, the concentration of commercial activities in the area of metal cutting, fossil and wood processing in the area of noise-sensitive buildings is punishable by a fine of up to 50,000 dollars;

(ii) In violation of article 6, paragraph 3, of this approach, the use of facilities, equipment for commercial operations has resulted in the noise of the boundary over the country's prescribed social life environment and the imposition of a fine of up to $300,000.

Article 19 (Percentage of administrative penalties for public security authorities)

In violation of this approach, one of the following acts has been warned by the public security authorities in accordance with article 58 of the Law on the Safety and Security of the People's Republic of China; the warning was not rectified, with a fine of over 200 million dollars:

(i) In violation of article 6, paragraph 1, of the present approach, the use of audio-visual equipment for the customer;

(ii) In violation of article 7 of this approach, activities such as the use of happiness, recreation, or the use of audio-visual material with outreach devices to carry out activities such as hygienic, recreation, when prohibited;

(iii) In violation of article 12, paragraph 1, of the present approach, a resident who has complained of an unwarranted interference and confirmed by the Resident's Commission, the Industrial Council or the enterprise of the material services, or other evidence may confirm that the noise interferes with the normal life of another person.

Article 20 (Responsibility to infringe)

Units and individuals subject to social life noise contamination may require the perpetrators to cease violations, eliminate dangers, remove obstacles and compensate for losses. Violations by the parties of their legitimate rights and interests may be prosecuted by law to the People's Court.

Article 21, Administrative responsibility

The environmental sector, the staff of the public security agencies, in the context of the management of the management of the social life of noise pollution control, are not subject to investigation of complaints, reported offences, and are warned by their units or the relevant authorities in accordance with the law, have been taken over, and, in the event of a serious nature, has been given downgrading or dismissal.

Article 22 (Actual date of application)

This approach has been implemented effective 1 March 2013. The “Standard Pollution Control Approach” issued on 25 February 1986 by the Shanghai People's Government was repealed.

Annex:

Relevant provisions of the People's Republic of China Act on Environmental Exposure Pollution Control

Article 40 of the present Act states the noise of social life, which refers to the voices generated by man-made activities, in addition to industrial noise, construction noise and transport noise, to the surrounding environment.

The meaning of the following wording in article 63 is:

(i) “no noise emissions” means the noise of an environment surrounding the life of the environment.

(ii) “no noise-sensitive buildings” means buildings that are required to maintain calm, such as hospitals, schools, institutions, scientific units and homes.

(iii) The “no noise-sensitive building concentration area” means the health sector, the scientific research area and the areas of agency or residence.

Relevant provisions of the Law on the Safety and Security of the People's Republic of China

Article 58 violates the legal provisions governing the control of social life noise, wardensing a noise to interfere with the normal life of others, warning that there is no change after warning, and fines of more than two hundred yen.