The new law on silence in the suburbs may ban noise on weekends
Laws aimed at protecting the family, pensioners, children of war, socially needy. These are laws aimed at real improvement of life and social well-being of our residents in the country and regions. In Russia, ensuring the peace and quiet of citizens is regulated mainly by regional legislation. In the Moscow region, a corresponding law was adopted in 2014. According to the current law, you can not make noise from 21:00 to 8:00 on weekdays and from 22:00 to 10:00 on weekends.
Almost every apartment building has a neighbor with a hammer drill, a good sound system, or noisy friends. Usually such neighbors start doing business or fall into an attack of melomania early in the morning or late at night.
“The neighbors are already tired, but we don’t know what to do with them. I am not the only one suffering from them. With enviable frequency, neighbors from the fifth floor turn on music. It would be nice to listen during the day, otherwise it’s mostly at night, when everyone is sleeping! Tried to knock on them, the doors won't open.
— In accordance with the Law of the Ulyanovsk region "On some measures to ensure the peace of citizens and silence on the territory of the Ulyanovsk region", the peace of citizens and silence must be ensured: from 13 to 15 hours daily, and from 23 to 7 hours of a day that is not Saturday, Sunday or non-working holiday.
So, you can’t turn on music not only in your apartment, but also in a car parked next to the house.
Violators can be reported to the police or to your district police officer.
Repairs and acceptable noise
It often happens that some residents do not have time to do repairs during the day or in the morning, so they start it in the evening and work until midnight. Noisy work includes dismantling operations, chasing, floor laying, stretch ceiling installation procedures, etc. During the day, these works can really be done without problems, despite the fact that some neighbors may not be satisfied with this. In this case, they do not have the right to complain about those who carry out repairs. Another thing is if these operations are performed at night, when everyone has come home from work and wants to sleep.
Article 17 of the Russian Constitution states that the rights of citizens cannot be used to the detriment of other citizens. For violation of rights, administrative liability, and even criminal liability, is provided. For residents of the private sector, exactly the same standards are established.
What to include in the application
If restless violators haunt you, you have the right to write a complaint to the court, the prosecutor's office or the nearest police station. The written document must include:
- The name of the institution where you are applying.
- Your name and the offender, as well as the exact addresses and phone numbers.
- An explanation of the situation that has arisen.
- The amount of non-pecuniary damage based on the harm done.
- Conclusions regarding the excess of noise levels.
- The number of the protocol drawn up by the police officers.
- Ideally, photos, signatures or some other evidence of the violation will be attached.
The most desperate (those for whom the neighbors decide when to go to sleep) early in the morning turn on the file “Hello to the neighbors” downloaded on the Internet (a recording of a screeching drill, a family quarrel, a repeated children's song, or a barking dog). Call the precinct. If his number is not available, call the police. The representative of the Department of Internal Affairs has the right not to confine himself to a preventive conversation, but to transfer the drawn up protocol to the court. The magistrate is authorized to sentence the brawler to a fine of 1-2 thousand rubles.
Qualification of permissible and illegal actions of citizens
In accordance with the law on silence in the Kamchatka Territory, a list of actions was established for residents of apartment buildings and private households, officials and legal entities, from 22:00 to 7:00 on weekdays and from 22:00 to 9:00 on weekends and holidays. Also, this region is subject to "quiet time" which is a period of time from 13:00 to 15:00 during which daytime children's sleep is provided, both in private houses and apartments, and in preschool institutions. Actions, the performance of which, within a specified period of time, inside or outside apartment buildings and private households, which are a violation of the law on silence in the Kamchatka Territory
- operation of sound-reproducing audio, video and mechanical devices, as well as devices for amplifying sound installed, including on vehicles, commercial premises and catering establishments, which exceeds the permissible noise level at night;
- conducting entertainment activities at night, when there are restrictions on the permissible norm for performing noisy activities, inside or outside an apartment building or private household;
- the use of explosive substances and pyrotechnics inside or outside an apartment building or private household, regardless of the time of day or day of the week;
- loud screams, singing songs, whistling and other actions of this nature;
- re-planning, rearrangement, unloading or loading of furniture, or other large items;
- performance of various installation or dismantling of repair or construction type.
The performance of any of these actions during the period of temporary restrictions on the noise level in multi-apartment and private houses is considered a violation of the law on silence in the Kamchatka Territory and entails administrative liability.
However, there are certain situations that are provided for by the law on silence in the Kamchatka Territory, when it is allowed to perform actions that exceed the permissible noise standards. The list of such situations provided for in the law includes:
- the process of liquidation of emergency situations or their consequences, destruction caused by natural disasters or man-made disasters;
- prevention of an offense that may harm a person;
- emergency work, the delay of which may harm the personal or public safety of citizens living in apartment buildings or private households;
- conducting cult religious actions, the implementation of which is regulated by the canonical requirements of the confession, and is initiated by federal legislation or local authorities, which are responsible for holding cultural events;
- sports competitions, marathons, etc., which are provided for by federal law.
Any other actions that do not belong to the above list, the implementation of which in a specific period of time exceeds the level of permissible noise and disturbs the peace of residents of apartment buildings or private households is considered a violation of the law on silence in the Kamchatka Territory and entails administrative responsibility.
The restrictions on the performance of noisy activities by residents of apartment or private houses, officials or legal entities established by the law on silence in the Kamchatka Territory do not apply to the celebration of the New Year from 22:00 in the evening of December 31 to 6:00 in the morning of January 1.
In this article, you learned what the Law on Silence in the Kamchatka Territory of 2019 is. If you have any questions and problems that require the participation of lawyers, then you can seek help from the specialists of the information and legal portal Sherlock. Just leave a request on our website, and our lawyers will call you back.
Silence during the day and on holidays
The authorities of the Tambov region have not established any additional restrictions for observing silence during the daytime. Not introduced on the territory of the region and the so-called quiet hour. In some regions, it is enshrined at the legislative level, in order to protect the interests of people who need rest in the daytime. Usually such a break lasts one to two hours. In Tambov and the region, the authorities have not established a quiet hour. Therefore, if silence is needed for some time during the day, then this will have to be independently negotiated with the neighbors.
There are also no restrictions for noisy work on the weekend. Therefore, neighbors can legally do maintenance work, as well as other noisy activities on Saturday and Sunday.
Silence laws
Excessive noise at night is a violation of public order. In accordance with the law of the Russian Federation, a fine is established for this violation. Note that in Moscow and St. Petersburg, the evening limit, when silence must be observed, starts at 23:00 and ends at 07:00. The Moscow region has other limits - from 22:00 to 08:00.
If one of the tenants of the house listens loudly to music or makes repairs, you can complain about him and get a fine. It is enough to call the police and draw up a report. The funds collected from the violator go to the local budget. Arriving law enforcement officers subjectively determine the degree of violation.
How to deal with noise
If your neighbors are constantly noisy at night, you can complain about them to the police, the prosecutor or the court. If residents make noise during the day, you must first measure the noise level, and if it exceeds the norm, then you should contact the appropriate authorities with a complaint. Note that if the noise appeared by accident or for reasons for which the residents of the house are not responsible, then in this case they cannot be brought to administrative responsibility.
As for the fight against noise, it is not at all necessary to swear with neighbors, and even more so to use force. Also, the wedge wedge option is not suitable in this case. You must first talk to the neighbors who break the silence, explain to them that they are wrong. It is enough to explain in detail what awaits them for the violation, and also to make it clear that you are not going to put up with this and are ready to write a complaint. It is likely that they will not want to get involved in the conflict and will stop making noise. If they flatly refuse to obey, then you can call the police and draw up a protocol.
As practice shows, it is rarely possible to agree peacefully with violators, therefore law enforcement agencies come to the rescue. It is not necessary to call the police at night and start proceedings. You can simply write a free-form application. It will be effective if this statement is signed by other neighbors who share your opinion. In such a situation, you can be sure of success. We remind you once again that at night noise above 40 dB is unacceptable. Approximately such noise is emitted by a working personal computer. Of course, it is only audible within the room in which it is located. Thus, it is obvious that at night there should be no extraneous loud sounds.
How much to how much noise at home
Article 4. Actions that violate the peace and quiet of citizens 1. Actions that violate the peace and quiet of citizens include: the use of sound-reproducing devices and sound amplification devices, including those installed on vehicles, at (in) objects of trade, public catering, leisure activities which entailed a violation of the peace and quiet of citizens; shouting, whistling, singing, playing musical instruments that violated the peace and quiet of citizens; the use of pyrotechnics, which entailed a violation of the peace and quiet of citizens; carrying out repair work, reorganization and (or) redevelopment of residential premises, resulting in a violation of the peace and quiet of citizens; excavation, repair, construction, loading and unloading and other types of work using mechanical means and technical devices,with the exception of the work provided for in paragraph 4 of this part, which entailed a violation of the peace and quiet of citizens; other actions that violated the peace and quiet of citizens.
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How to deal with noise after 2300 noise limits, exceeding which impairs hearing
Some people purchase a special device that determines the noise level in decibels. For those who do not have such a mechanism, here are some examples:
- foliage noise exceeding 40 dB is harmful to hearing;
- talking above 50 dB also negatively affects hearing;
- the cry of children above 75 dB threatens hearing loss;
- heavy music above 120 dB is dangerous for hearing;
- aircraft turbine noise exceeding 120 dB adversely affects hearing;
- also, the noise of machines should not exceed 85 dB, otherwise there will be problems.
During the day, all these norms can be exceeded, since there will be no fine for this. The only thing is that you will significantly impair your hearing.
