Penalty and punishment for breaking silence at night
Under federal regulations, night time noise bans are:
between 23:00 and 07:00 the next day.
The text of the Leningrad Oblast law on silence in an apartment building specifies what constitutes a noise violation. Citizens have every right to complain to law enforcement agencies if other persons prevent them from resting during the time allotted for this. Disturbing activities include:
- turning on at full power any equipment that makes sounds. This includes tape recorders, televisions, radios, computer speakers, any sound amplifiers;
- loud sounds emitted by devices installed outside the residential building: at retail outlets (small shops, tents, stalls, kiosks) or on vehicles for any purpose;
- raising the voice to a scream, loud singing and whistling, playing music on any musical instrument if its sounds interfere with people's rest;
- operation of a signal siren on cars at night. In this case, it is better to set the alarm to silent mode;
- launching fireworks, salutes, firecrackers and other pyrotechnics (except New Year's Eve);
- very loud repair work: hammer blows, work with a hammer drill or drill. It is better to postpone less noisy work for this time: painting, wallpapering and the like;
- carrying out loading and unloading operations if they produce a lot of noise.
It's fast and free! If what is shown in the picture is happening under the windows of your house, then you can contact: If you know the organization that conducts construction work, then you should find out which SRO of the self-regulatory organization they are in and apply there with a complaint about violations. If you don't know, a local police officer can help you with this.
All types of these actions, included in the Law on Silence in the Leningrad Region of 2018, are prohibited from 23:00 to 07:00 the next morning.
The law on silence in the Moscow region
Regardless of what time of day the hours of silence are broken:
- an individual will pay from 1000 to 2000 rubles;
- a legal entity will pay from 20,000 to 40,000 rubles;
- official from 4000 to 8000 rubles.
In cases where, after the payment of fines, the violators of silence repeat their acts, then they will have to pay twice as much, according to the above points, depending on what kind of person the person being punished is. To maintain the peace of citizens living in an apartment building, the noise level in the daytime, designated as "quiet hour", should not overestimate the mark of 40 dB, and at night 30 dB. Only in this scenario, fines will not have to be paid.
What to do in cases of constant non-observance by neighbors of the concept of "quiet time"? Of course, no person can endure the sounds of noise on a permanent basis.
Silence violation fine
For disturbing the rest of citizens, within the framework of the laws on silence, administrative liability is provided. That is, fines. And their size from one region to another can vary greatly.
For example, in Moscow troublemakers will have to pay 5,000 rubles. In the Moscow region, the tariff is lower - only 3,000.
But in St. Petersburg, fines for non-compliance with the silence regime are tied to the local minimum wage (16,000 rubles) and have become downright draconian in size: for the first violation in 2017, you will have to pay a double minimum wage - 32 thousand. For the second - already four times the minimum wage - 64 thousand.
But in the Leningrad region, those who make noise at an unspecified time will be fined only 2,000 rubles.
On average, fines by region range from two to five thousand. However, for repeated violations, the amount may increase. In addition, sanctions for legal entities are traditionally many times higher.
Read also: about eviction and other measures to influence noisy neighbors
How much noise can you make on weekdays and weekends
More serious liability in terms of money is provided for construction, repair and loading works, if they violate the peace of citizens at night. An exception is provided only when it comes to cleaning and loading snow.
Does it have power over the law of silence in LO? What sections of the law support this? The question refers to the city of the Leningrad Region Answers: Published on September 11 in Published on September 11 in Since the law has the prefix FZ - which means Federal Law, it applies to the entire territory of the Russian Federation.
For example, there are varieties of noise that ordinary citizens are not able to influence. These are emergency works, investigative actions and the like.
Any citizen of our country, according to the law, has the right to complete rest. Therefore, the mode of silence must be observed by all without exception. A person who makes noise at night will be punished under federal law under section 52. It notes in which cases making noise is considered an offense.
In the event of committing a repeated act within a year, as provided for in Article 2 of this Law and entailing the imposition of a fine, the person shall be liable in double the amount of the amount of the fine established in Article 5 of this Law.
Since then, it has been amended several times. The latest changes took place over the course of a year. Since the beginning of the year, new amendments regulate the following points.
Punishment for violating the regime of silence by repair work is provided not only for citizens. Legal entities can also be subject to it if their actions on decorating houses or entrances are not coordinated and disturb the peace of the residents of the house for more than an hour.
Gulnara, I take my hat off to such people. The coolest thing is that when other people's children begin to cry or make noise in response to them, then the love for children immediately somehow suspiciously evaporates, right before the eyes of the "Children's Lovers", damn it. And you answer them with a smirk: “What's wrong? It's a child!
Repeated commission of the offense provided for by part one of this article within a year - shall entail the imposition of an administrative fine on citizens in the amount of one thousand to two thousand rubles; for officials - from five thousand rubles to seven thousand rubles; for legal entities - from fifteen thousand rubles to twenty thousand rubles.
Claims boiled down to one thing - the neighbors are noisy at a later time and do not allow you to sleep. People complained about the rumble of repairs and loud music. The deputies decided that it was easier to establish certain noise standards than to try to sort out each specific conflict. Therefore, they developed a law on silence.
The Law on Administrative Offenses of the Leningrad Region, which contains, among other things, the requirements for silence, is constantly being improved. So, starting from January 1, 2019, changes were made to it by two laws of March 18. Article 2.6 of this law “Violation of peace and quiet of citizens” has also been updated, which is now in force in a new edition.
Accordingly, citizens are required to observe silence:
- at night hours on weekdays, if they are working, non-holiday hours - from 23:00 to 07:00 on the next business day;
- at night on weekends and days during the working week, if non-working public holidays fall on them - from 22:00 to 10:00 the next day, if it is a non-working day.
The person creating the source of noise is offered to agree on a work schedule. Such a schedule is drawn up between the repairman-builder and the HOA, taking into account the wishes of the residents of the house. After that, work is allowed only during the period of the established schedule.
That is, it turns out you can’t make noise, but can you behave like that? And I just crawled out of my balcony, spat upon, and I was very sorry for my little son. Because you have to be so rotten inside a person to scream: What would your child die.
Accordingly, citizens are required to observe silence:
- at night hours on weekdays, if they are working, non-holiday hours - from 23:00 to 07:00 on the next business day;
- at night on weekends and days during the working week, if non-working public holidays fall on them - from 22:00 to 10:00 the next day, if it is a non-working day.
When is it legal to make noise in an apartment?
It cannot be said that the regional differences are very strong. In the Soviet Union there was a single norm that forbade making noise in an apartment from 11 p.m. to 7 a.m. It is customary to start from it now. However, regional legislators have adapted the norms to local traditions and conditions, which is obviously correct. Here are some examples.
Moscow and Moscow region
The governments of Moscow and the Moscow region have adopted laws at the local level that establish a period of night time: from 23 to 7 hours. For this period, complete silence is set.
The Moscow regulations separately talk about repair work - drilling, wall chasing, the operation of a puncher, and other power tools. On weekdays, they can be held only ten hours a day - from 9 to 19 hours. Moreover, from 13 to 15 hours it is necessary to take a break in the repair. Such a pause is due to the daytime sleep of a small child. Here the metropolitan government went to meet the parents of babies (especially since there are similar norms in almost all European countries).
Saturday in Moscow was equated to a weekday, but how much noise can you make in apartments on weekends? On Sunday, public holidays, any repair work is prohibited (namely, repair work, we are not talking about noise in general). The only exception is new buildings. These include houses put into operation a year and a half ago and later. They can be repaired during all daylight hours (from 7 am to 11 pm) every day, including Sundays.
In the Moscow region, the silence regime is a little stricter than in Zlatoglavaya. Regional authorities have decided that it is impossible to make noise from 21:00 to 08:00 on weekdays and from 22:00 to 10:00 on weekends. Obviously, this is due to the work schedule of many residents of the Moscow region, who are forced to get up early to get to their place of work in the capital.
St. Petersburg and the Leningrad region
In St. Petersburg and the Leningrad Region, since 2015, the night period lasts an hour more than in Moscow - from 22 to 7 hours. During this time, the noise limit cannot be exceeded. There is no set time for repairs, but every six hours drilling, punching, and other construction noise should be interrupted for at least an hour to give neighbors a break.
On Saturday, which in the cultural capital and region is equated to a day off, and Sunday, songs, dances and repairs can only start from noon. Moreover, this restriction applies not only to apartment owners, but also to various entertainment establishments (restaurants, clubs and bars), which in St. Petersburg are often located on the first or basement floor of a residential building.
Examples from other regions
As already mentioned, the laws on silence in various subjects of Russia are similar, as they are based on the previous unified rules. The morning mark is usually within 6-8 hours, and the evening mark is 21-23 hours. Somewhere the weekends are separated and their own silence mode is set for them, somewhere there is no such thing.
Important! Your area may have different rules for silence laws that apply to individual municipalities or city districts.
Most often this is due to the fact that in some administrative center an active phase of housing construction is underway: entire microdistricts are being introduced, where thousands or even tens of thousands of people are settled. And for them, the general standards are not entirely applicable, because repair work has been going on there constantly for several years.
Here are some options for regional laws governing the peace and relaxation of apartment residents:
- Samara region - you can make noise from 8 to 22 (from 7 to 22 from the beginning of June to the end of August).
- Novosibirsk region - you can make noise on weekdays from 7 to 22 and on weekends from 8 to 22.
- Republic of Tatarstan - you can make noise on weekdays from 6 to 22 and on weekends from 9 to 22.
- Nizhny Novgorod region - you can make noise on any day from 7 to 23. The repair time on weekdays is set: from 7 to 19 with a two-hour break from 13 to 15.
Law on silence Leningrad region
If there is an offense recorded by the police, penalties are applied to the perpetrator.
Moreover, the changes were proposed not only by federal officials. At the level of subjects, improvements were also made to the document.
Currently, Article 2.6 "Violation of peace and quiet of citizens" describes the types of violations and lists the territories "protected from noise impacts." The list includes all types of housing and premises for any long stay: from apartments and hotels to nursing homes and sanatoriums. Law enforcement officers are required to draw up a protocol. Next, the document is handed over to the district police officer, who must conduct a conversation with the offenders. If the law is repeatedly violated, noisy neighbors will be fined. Where to complain if the neighbor's child is noisy and crying In this situation, residents can rarely solve the problem with a conversation.
To ensure the peace and order of citizens, the law on silence in the Leningrad region imposes administrative penalties on those who do not know or forget how long it is possible to listen to music and sing loudly.
Due to lack of sleep, nervous disorders and irritation, the body's immune system is weakened, and this can lead to serious diseases.
Decree and amendments, no. The law on silence in the Leningrad region of the year is based on the provisions of the Federal Law No. 52 of all-Russian significance.
Unlawful are recognized, including the involuntary activation of car alarms and other events that interfere with the peaceful rest of citizens.
Where silence should be observed at night
Noise at night is prohibited near any residential buildings, whether they are private or municipal. Silence laws are created specifically so that people can relax in the evening and at night. Therefore, a low noise level is required near the following places:
- multi-apartment and private houses;
- sanatoriums, hospitals, recreation centers and boarding houses;
- hotels and hostels;
- orphanages, homes for the elderly and disabled;
- boarding houses, dispensaries.
It is impossible to make noise near such residential facilities at night, not only on the street. If public establishments such as cafes, bars, restaurants or nightclubs are located next to them, then the noise level that they emit should also be within the normal range. For example, in the warm season, you can’t turn on loud music at night in summer cafes, as well as hold club parties in the open air (if people live in the immediate vicinity).
If loud music or other loud noise is constantly heard from nightclubs, then it is best to file a collective complaint from the residents of nearby houses first with the administration of this institution, and then with a statement to the police.
Silence laws must be observed in any locality, be it crowded cities, villages and villages, holiday villages or even garden plots. In villages, dogs that belong to the owners of neighboring houses often provide a high level of noise at night. If it is not possible to peacefully agree with a neighbor on solving this problem, then you should contact the local police officer or immediately with a statement to the local police department.
What is noise
Free legal advice
The law spells out what specifically should be understood by the word "noise". In particular, this capacious concept includes such sounds as:
- The use of technology that reproduces sounds at high volume. This is absolutely any technique - computers, TV, tape recorders and much more.
- Loud sounds coming from retail outlets, as well as catering places located on the street near a residential building or on the first floors of this building.The same sources of noise include cars parked near houses, they often also make loud sounds - music, car alarms.
- Loud screaming, whistling, singing, playing musical instruments.
- The use of fireworks at any time except New Year's Eve.
- Repair work, construction, especially work with power tools.
- Loading and unloading operations, if they are accompanied by loud sounds.
What equates to noise
Citizens can complain to the relevant authorities when other persons prevent them from resting at the allotted legal time in the country or in the garden. Activities that are disturbing at night and also during quiet hours:
- appliances or equipment turned on at full capacity;
- noise from vehicles;
- loud voices, screams, singing, laughter and music coming from playing musical instruments;
- alarms on a car or in a neighboring house at night;
- loud pops from firecrackers, fireworks and other pyrotechnics, except for a weekend or holiday;
- repair work, especially knocking with a hammer, the noise of a drill and a perforator;
- It is not allowed to carry out loading and unloading operations at night.
Sound volume level
There are exceptions to the rule when noise is allowed and there is no penalty for disturbing the peace:
- if there is a prevention and liquidation of emergency situations to ensure the safety of life of citizens;
- rescue and other work of the Ministry of Emergency Situations;
- a state event or holiday is held, as well as memorable dates of the region;
- holding religious events.
If neighbors often violate the law on noise, then they can be brought to administrative punishment and payment of a fine. Summer residents who know what time to be quiet will not have problems with the police.
Prohibited after 23 hours
By the way, since July 2016, a federal law has been adopted, according to which malicious brawlers will be sent for preventive control.
How to deal with persistent offenders
When neighbors start making noise late at night or walking until the morning, we usually put up with it at first. Then we go and try to reason with the residents of the apartment. If the arguments are not perceived by them, one has to resort to extreme measures.
First, call the police. The duty outfit will come and issue a fine to the violator of your peace of mind. Officials of the authorities (if they have already arrived) will not stand on ceremony.
In the case when noise at the wrong time is repeated regularly, violators will face multiply increasing fines. For especially slow-witted, arrest for up to 15 days is provided.
Important: remember that sometimes you need to make some noise not only for your neighbors, but also for you. We strongly recommend that you notify your neighbors in advance before repairing or an upcoming celebration.
This requires elementary courtesy and human attitude. Believe me, if you warn about the noise and apologize in advance, there will be much less negative in your address.
Sometimes, if necessary, you can try to negotiate with all the residents of your house (or entrance) about permission to make some noise during the period of silence. To do this, collect their signatures. Such paper will be the basis for repair or other noisy work at an unspecified time.
If you call the police about noise at an odd time, you may find that the police are unwilling or unable to properly respond to noisy neighbors. Especially if the violation is associated with a domestic quarrel and loud swearing.
If suddenly a police squad does not leave for your appeal, you should ask the duty officer for the number under which your message is registered (and it must be registered in any case). And let them know that you will be contacting a higher authority. Usually this is enough to spur law enforcement officers.
If the outfit never left, and did not reason with the noisy neighbors, there are several instances where you can send a complaint:
- immediate higher authorities (head of the local department of internal affairs).
- police own security service (usually as part of the regional head office).
- public chamber at the local police department.
- prosecutor's office.
- court.
When neither the admonition of the police and neighbors, nor the fines, nor the arrest have any effect on the worst troublemakers, the court can achieve extreme measures - eviction. But this is a long and extremely laborious process.
Noise level and decibels
We have repeatedly mentioned such a concept as “maximum permissible noise level”. Noise, like any other sound, is measured in decibels.
Sanitary standards in residential apartment buildings set noise limits at night and during the day. In accordance with them, during the day it is impossible to exceed the volume of more than 55 dB. And at night, the maximum threshold drops to 45 dB. But how can an ordinary person understand what these numbers mean.
Here are some examples for you:
- a calm conversation of two or three people - 35-40 dB.
- shouting and swearing - 55-60 dB.
- conventional screwdriver - 60 dB.
- vacuum cleaner - up to 80 dB.
- a motorcycle engine running at low speeds - 100 dB.
- repair work (Puncher, hand saw) - 110 dB.
- music in a nightclub - 120 dB.
- 140 dB (this volume corresponds to the sound of an airplane flying nearby) is the pain threshold. After that, hearing loss may begin.
Please note: it turns out that the norms of SanPiN will be violated in any case during repair work. Unfortunately, this is a legislative contradiction with which nothing can be done now - no one can forbid people to make repairs in their apartments
We need to come to terms with people.
Quiet time in an apartment building
If before this date there was only the concept of “night time”, which was regulated by the framework from 23:00 to 07:00, as a result of which it was strictly forbidden to make noise, now it has been replaced by “quiet hours”. In connection with numerous incoming complaints to the district police officer and the local prosecutor's office from the population, most of which were young mothers and the elderly, it was decided to introduce quiet hours from 13:00 to 15:00 and from 23:00 to 07:00 local time . It is this time that is given to people for a good rest.
Some regions and local areas are adjusting time slots to focus on what hours noisy landscaping work can take place. For example, in Moscow and the Moscow region, this law does not apply to all new buildings within a year and a half from the date of their commissioning.
The so-called "Laws on Silence", which protect the peace of mind of citizens at night, as well as on weekends and public holidays, have been adopted in almost all regions of the Russian Federation
St. Petersburg is no exception. At the same time, the normative acts on silence in the regions have differences. Let us tell you in more detail how the "law on silence" works in St. Petersburg in 2017 and the upcoming 2018. As the document spells out the amendments to the repair work. What sounds should not be made when the time of silence officially comes, what penalty is provided for noisy neighbors. The official text of the law can be downloaded below. Is there a federal "silence law"? The right of citizens to a healthy living environment, protection from the harmful effects of noise and vibration is protected by Federal Law 52-FZ "On the sanitary and epidemiological well-being of the population." In particular, Art.
Law N 273-70);
shout, whistle melodies, sing, play the button accordion or any other instrument, move furniture and appliances, and otherwise make noise that exceeds the permissible limits for night time (clause 2 of article 8 N 273-70).
For these actions, the “law on silence” in St. Petersburg in 2017 provides for administrative liability in the form of a warning or a fine:
- individuals - from 500 to 5,000 rubles;
- officials - from 25,000 to 50,000 rubles;
- legal entities - from 50,000 to 200,000 rubles.
If the violation of the law of St. Petersburg on silence N 273-70 was caused by the use of firecrackers, rocket launchers and other pyrotechnics, then for officials and legal entities the fine does not change, and for citizens the lower limit rises to 1000 rubles. Warning, as in the case of loud singing and moving furniture, is not provided.
Magnitogorskaya d. on the landing). He does not respond to my repeated remarks, answering that his housing, which means that he does what he wants. I ask you to involve Bryannikov V.M. to administrative responsibility. In case of your refusal to apply measures of influence, please give me a written explanation of the reasons why the behavior of Bryannikov V.M. impossible to stop. I am aware of the criminal liability for giving knowingly false testimony. August 29, 2016 (Signature decryption). This sample is written on behalf of one particular neighbor, but a collective statement can also be made.
Silence Law
All items in the list below may indicate offenses of both an individual and a legal entity:
- testimonies of neighbors living in the joint territory;
- recorded information about repeated calls to the police;
- a report drawn up by a district police officer who went to the address upon an application (complaint);
- an act on measurements from Rospotrebnadzor, both in the apartment of the culprit and in the apartment of the plaintiff;
- protocols on administrative offenses drawn up against the defendant;
- video recordings, ranging from a request to stop the noise, to measurements by Rospotrebnadzor.
An important point is that when drawing up a statement of claim, all evidence must be written in it immediately.
Noise from construction and repair work
According to many regional laws, noisy work is prohibited at night on weekdays and often all day on weekends, which really interfere with citizens' peaceful rest. This can be either loading or unloading building materials, or drilling walls, loud knocks with a hammer, noise from a grinder, and much more.
The law allows during the "quiet" time of the day only those construction or repair and restoration activities that are related to the elimination of accidents or natural disasters, with the help of the victims (if they cannot be postponed until the morning). In other cases, for a high noise level, you will have to pay an administrative fine, the amount of which will be different for individuals, officials and organizations.
The noise from repair work usually reaches 100 decibels or more, which is already very close to a dangerous level, that is, to a person's pain threshold. If we talk, for example, about the work of a jackhammer, then the noise from it will be in the range of 120-130 decibels. For working with him on the street at the wrong time, you can get a very large fine.
Penalties for disturbing the peace in the country
Under minor changes to the noise law from 2018 to 2019, people who break the silence at night will be required to pay a fine. Tenants are often interested in how much they will have to pay after the first complaint. Usually such a call involves only a conversation with the district police officer.
Emitted noise level
A secondary complaint is often punishable by a sum of:
- at a dacha in the Moscow region - 5 thousand rubles;
- in the regions of the Russian Federation - from 2 to 5 thousand rubles.
Noise in a summer cottage is equated to disturbing the peace by analogy with an apartment and your own house, so the fine will be the same regardless of the type of dwelling.
Maximum in regions | Maximum in the Moscow region |
5000 rubles | 5000 rubles |
Silence Law SPb 2018 repair work
Important
And only if no action has been taken, you need to contact the police, the administration and the management company. If there are many dissatisfied, it is worth sending a collective complaint to Rospotrebnadzor
But you need to be prepared for a long trial.
In rare cases, forced eviction of violators is possible. Read also: Country amnesty at the MFC Barking dog from neighbors: where to apply according to the law The district police officer must conduct a preventive conversation with the owner of the animal.
What noise is considered too loud
Loudness is measured in decibels. It is believed that for the daytime the noise level in residential premises should not exceed 45-55 decibels, and at night - 30-45 decibels. For comparison, the volume level of normal human speech is about 40 dB, a whisper is less than 40 dB, and a cry is more than 40 dB. Loud music that drowns out human speech is about 60 dB, and a very high noise level, corresponding to thunder or the sound of a “live” orchestra, is about 100 dB.
Violation of the law on silence, that is, loud noises at night, are:
- car alarm (if we are not talking about an alarm triggered by theft);
- loud cries of people on the street or inside apartments (cries for help are not punished with fines);
- repair or construction work, including on the street;
- unloading and loading, as well as other noisy work (domestic, industrial);
- loud music (inside apartments and houses, from cars, cafes, restaurants or nightclubs);
- parties (celebrating weddings, birthdays, etc.);
- loud singing;
- launching fireworks, firecrackers and other pyrotechnics on the street (with the exception of official holidays, when it is allowed to make noise until 4 am).