The law of silence in an apartment building 2019 voronezh
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.
Failure to comply with these standards may result in fines and administrative penalties. In order to correctly explain to disturbers what they are wrong with, it is necessary to carefully read and study the text from the law on silence in an apartment building and not only with all the changes from 2019. Or you can simply write about the current situation through the feedback form on our website and get advice from experienced lawyers, and you don’t need to go anywhere.
Night time. Carry out repairs at night, from 21:00 to 8:00 on weekdays, as well as from 22:00 to 10:00 on weekends and non-working holidays. Unlike a number of Russian regions, which provided for in their "anti-noise" laws the so-called “quiet hours” (protected periods during the day when you can’t make noise) in the Saratov region there is no such norm, although in 2019 legislators tried to make appropriate amendments to the document, which will be discussed below.
Silence rules in an apartment building
Residents of apartment buildings are more prone to stress due to constant noise. And there are many reasons for this - passing vehicles, television, the operation of power tools, listening to or playing music, industrial production outside the window, nightlife and shops.
Noise is considered to be any significant excess of the normal sound level.
The most common source of noise in an apartment building is renovation. In order to carry out repair work in accordance with all the rules, it is necessary to obtain the consent of the neighbors and comply with the time limits established by the law on silence.
To determine the sound volume without additional equipment, be guided by the following indicators:
- average speech volume - 40 dB;
- whisper - 30 dB;
- scream - 90 dB;
- car alarm - 100 dB;
- baby crying - 78 dB;
- the noise of the switched on vacuum cleaner - 75 dB;
- perforator during operation - 95 dB.
Any sound that exceeds the norm and interferes with residents of apartment buildings at any time is considered a violation.
Main Aspects of the Silence Law
Residents of large cities are forced to constantly be in an excessively loud sound environment at work, in shops, and public transport. Therefore, the desire to get a good rest at home became a prerequisite for the adoption of the law on silence.
A guarantee of a good rest in a quiet and healthy atmosphere is given to citizens by the Federal Law of March 30, 1999 No. 52-FZ (in the common people - the law on silence), which is based on the safety standard for a person of a certain volume level, measured in decibels (dB).
A daily noise level not exceeding 40 dB is considered normal for living, with a maximum increase of up to 15 units. The night indicator is set within 30 dB, which is forbidden to exceed.
In what places is it forbidden to make noise?
The law establishes noise level limits and its normal values, and municipal authorities have the right to form specific requirements for maintaining silence.
It is forbidden to make noise during the set hours:
- on playgrounds, in yards, house adjoining territories;
- in medical organizations and rehabilitation centers;
- in sanatoriums, resort institutions;
- at sports facilities located on the territories of residential complexes;
- in residential premises, public places, educational institutions, hotel complexes.
Omsk law on silence
In the Omsk region adopted a law on silence and introduced a quiet lunch hour
Today, May 19, at a meeting of the Legislative Assembly, a law on silence was adopted, which introduces a ban on noise from 22:00 to 8:00.Noise is prohibited in multi-apartment and private buildings, adjacent territories, as well as in medical, educational and social institutions. In addition, the so-called quiet hour is introduced in multi-storey buildings - a ban on noise from 13:00 to 14:00. Noise refers to loud music, singing, pyrotechnics, repairs, construction and handling. At the same time, the law does not apply to dachas and garden plots.
Omsk residents will be fined for the noise - the fine for violating the law will be 1,000 rubles.
Within two weeks the bill will be approved by the governor and will come into force.
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Don't rush by the law
By the way, due to the unsigned agreement, a number of other legal norms do not work in the Omsk region. The police do not have the right to fine Omsk residents, for example, for swimming in the wrong place, tearing down posters, annoyingly pestering citizens, covering walls with graffiti and more.
In the government of the Omsk region, the sluggishness of officials is explained by gaps in the legislation. As it turned out, the officials of the executive authorities of the region were not empowered to draw up protocols on these administrative offenses, and therefore they cannot delegate them to anyone.
“We have prepared the draft agreement itself,” Mikhail Mayorov, deputy head of the Main Directorate for Regional Security of the Omsk Region, told RG. - Currently, it is being approved by the Ministry of Finance, after which it will be submitted for consideration by the Legislative Assembly.
According to preliminary data, about two million rubles are needed to implement the powers of the Ministry of Internal Affairs to draw up protocols in the region. There is no such money in the budget of the Omsk region, which hinders the adoption of the bill. Meanwhile, last year alone, fines for violating silence could bring more than six million rubles to the treasury.
As it turned out, the authorities of only two regions were able to conclude agreements with the Ministry of Internal Affairs of Russia on the transfer of authority to draw up administrative protocols to the police. At the request of "RG" in the administration of the government of the Novosibirsk region, they replied that such a document is valid only in the Orenburg region and the Republic of Tatarstan. The Main Directorate of the Ministry of Internal Affairs for the Novosibirsk Region confirmed: we do not fine for breaking the silence. Why is not a question for us.
Meanwhile, the "law on silence" of the Novosibirsk region provides for fines not lower than those in Omsk. For noise from 22:00 to 07:00 on weekdays (on weekends and holidays - until 09:00), as well as at lunchtime - from 13:00 to 14:00, a troublemaker could be punished for three thousand rubles. If this person is an official - for five thousand, and if it is a legal person - for ten thousand. In case of repeated violation, the amounts increase to five, ten and seventy thousand rubles, respectively. And there are thousands of such violations, on average, citizens complain about “agonizing decibels” to law enforcement agencies ten times a day.
It was expected that the law would come into full force from July last year - it was then that they were waiting for the transfer of powers. As Evgeny Smyshlyaev, deputy chairman of the Legislative Assembly Committee on State Policy, Legislation and Local Self-Government, noted, “the questions remained purely technical.”
However, a year later, technical issues were not resolved and no agreement was reached.The legislature of the region believes that the police should respond to calls from citizens, take explanations from them - that is, collect a package of documents for drawing up a protocol. The protocol is drawn up by the administrative commission. It also considers and makes a decision on bringing to responsibility. Here are just the most important data - how many violators were fined in this way - we were not provided.
Meanwhile, noise often becomes the cause of the most violent conflicts.
A few months ago, in the city of Ob, Novosibirsk Region, the trial of 54-year-old Mikhail Maksimtsov, who wounded a seven-year-old girl and a school worker with an air rifle, ended. The man was sentenced to a year and a half on probation. The incident happened on June 3 last year, on the day of the opening of the summer camp in the Obsk school N 27. It is located near the garden plot of citizen Maksimtsov. A holiday was organized for the children.
Maksimtsov, who was resting at the dacha, could not stand the loud music and decided to shoot the music column, which stood in the school yard. Having brought "air" from the garden house, he fired at least seven times towards the audio system. As a result, he hit a first-grader, a school worker, damaged two cars parked here, and broke glass on the second floor of an educational institution. He did not enter the column. However, he achieved his goal - the children were urgently evacuated.
The summer resident with a gun was quickly identified, and a criminal case was initiated under the article on hooliganism. The girl was injured. So the court ordered compensation for non-pecuniary damage from Maksimtsov - forty thousand rubles.
The World Health Organization (WHO) sets the recommended nighttime noise level for an urban environment to 40 decibels. During the day, this figure rises to fifty decibels. Higher noise levels are already dangerous for humans. Prolonged exposure to noise levels of 100 decibels can cause hearing loss. For comparison: at this level, the engines of a jet aircraft roar. Add another 50 decibels to this and you get a lethal “dose” of noise for a person.
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When and how long can repairs be carried out
Time is the main parameter that is regulated by the law of silence. It is necessary to comply with the normative noise level at night and during the day. Background noise of up to 40 dB is allowed during business hours. The night rate drops to 30 dB.
The regulatory noise limit must be strictly observed between 23:00 pm and 8:00 am. In different regions of the country, this figure may vary.
In some regions, different hours of silence are established. For example, in Moscow, repair work is allowed on weekdays from 9 a.m. to 7 p.m. It is strictly forbidden to violate the law on silence:
- on weekdays - from 21.00 to 08.00;
- on weekends and holidays - from 22.00 to 10.00.
The ban is lifted only on New Year's Day.
When there is no agreement
“In order for the law to work, it is necessary to conclude an agreement between the government of the Omsk region and the Ministry of Internal Affairs,” Vitaly Pasko, deputy head of the public order organization department of the Russian Ministry of Internal Affairs for the Omsk region, told RG. — The appropriate official powers should be transferred to the police.
But local authorities are in no hurry to delegate them. Therefore, loud music in a residential building can rattle at least all night long - there will be nothing for the violator.
Meanwhile, according to the district police service, more than seventy percent of all applications that they receive today from Omsk residents are just complaints about disturbing peace. The reason for the proceedings among the neighbors most often are repairs on the weekend, loud stomping from above in the morning, slamming doors, partying that dragged on until late at night, the roar of alarms and much more. Citizens complain about the noise from neighboring construction sites, the nightly unloading of goods in local stores and too cheerful cafes. For example, the police had to go to one of them 300 times a year.
“Last year we received more than six thousand applications for violating the law on silence, this year there are already more than two thousand,” says Vitaly Pasko.
However, district police officers can only conduct an educational conversation with the offender. To restore order, the police have to get out and look for related violations. For example, if a lover of loud music was drunk at night, went out to the entrance and used foul language, then the neighbors were lucky. He will be punished for petty hooliganism in a public place.
Silence Law Violation Punishment
The list of possible administrative violations includes:
- construction next to a residential building;
- repair work;
- shouting and loud talking;
- noise of household appliances;
- explosion of pyrotechnics;
- noise from pets;
- loud music, etc.
Any noise that exceeds the norm and interferes with citizens' rest is considered a violation. To determine its level, a special device is used - a sound level meter that measures the pressure of a sound wave on the hearing organs. It picks up sounds and determines the number of decibels.
If the violator exceeds the established decibel limit, he will be held accountable. The penalty for violating the silence law is:
- legal entities - by imposing a fine from 10 to 20 thousand rubles, stopping work for a period of up to 90 days;
- IP - a fine in the amount of 1 to 2 thousand rubles;
- citizens - the amount of the fine will be from 500 to 1 thousand rubles.
Rospotrebnadzor
How is the examination carried out:
- specialists will visit the place of violation on those days and time intervals that are stipulated in the law on silence;
- sound level measurements are made using a sound level meter;
- the offender's housing is examined - the experts repeatedly take the readings of the sound level meter, for example, during the repair work carried out by the owner;
- the obtained indicators are entered into the act.
The act drawn up by the specialists of Rospotrebnadzor will be indisputable evidence of your innocence if the conflict comes to court.
If all the proposed methods of resolving the conflict did not lead to the desired result, it remains to write a statement of claim to the court. It is worth considering that only the presence of serious evidence will make it possible to bring the violator to justice. They may be:
- copies of written complaints;
- an act on detected noise, drawn up by specialists from Rospotrebnadzor;
- testimonies of witnesses of the violation;
- a copy of the statement to the police;
- video or audio recordings confirming the time of occurrence of noise during prohibited hours.
As a rule, the court imposes an administrative fine on the violator. But sometimes too noisy neighbors face forced eviction.
Eviction of a tenant is possible only by a court decision and provided that he is not the owner of the premises.
To hold those responsible for violating the law of silence, it is better to contact our experienced lawyers. After consultation via online chat or by phone, you will be able to confidently defend your rights to a good rest and comfortable living conditions.
Liability and fines
If neighbors believe that their rights are being violated by a tenant of one of the apartments or a cafe operating on the ground floor, they must take action. Such measures include calling a Rospotrebnadzor employee to measure noise. They only respond to applications for legal entities. If you want to measure the noise coming from your neighbor's apartment, you will have to hire independent experts.
When administrative responsibility arises, the troublemaker must pay a fine of 500-3000 rubles if he is an ordinary citizen. For legal entities and officials, slightly different sizes of fines are provided, they amount to 5,000-50,000 rubles and 2,000-10,000 rubles, respectively.
When a violation occurs, citizens turn to the police, Rospotrebnadzor, or to the most extreme instance - the court. The latter measure is appropriate only when such violations are malicious in nature and nightly violations of silence are associated with debauchery, drinking alcoholic beverages.It is also desirable to have witness statements of neighbors and other evidence for going to court so that the accusations do not look unfounded.
This is all the more important to do, since it will be possible to apply to the court on this issue only once.
