Document overview
When is it impossible to disturb the peace and quiet of citizens in the Orenburg region?
In multi-apartment buildings in the daytime it is not allowed: to carry out work involving noise on a day off - Sunday and on a holiday (non-working) day, if the day following it is a working day; carry out works involving noise earlier than 09.00 and finish them later than 21.00 on all working days, as well as on a day off - Saturday and on a holiday (non-working) day, if the day following it is not a working day; use sound-reproducing (sound amplifying) devices at high volume; disturb the peace and quiet of citizens from 13.00 to 15.00 hours.
The Law enters into force ten days after its official publication, with the exception of Part 2 of Article 1 of the Law, which enters into force on January 1, 2019.
Silence in the daytime
Free legal advice
Daytime is set separately for normal days and holidays/weekends. It turns out that the day can be called on weekdays the time period from 7:00 to 23:00. On holidays and weekends, daytime is a shorter period from 9:00 am to 11:00 pm.
The law also mentions a quiet hour, it applies to the period from 13:00 to 15:00. At this time, it is also impossible to create increased noise both in the apartments and in the area around the house. This period was chosen for a reason, it is at this time that many children (including those in kindergartens that are in residential areas) and the elderly have a rest.
All work related to noise, even during the day, must be within the time interval from 9:00 to 21:00. Repairs and other noisy work are prohibited on Sunday and a public holiday followed by a business day.
Silence at night
Night time in Orenburg and the region is the period from 23:00 to 7:00 on weekdays and from 23:00 to 9:00 on weekends and holidays. During this period, the law imposes a ban on such actions:
- Listening to sound-conducting devices at high volume not only in apartments, but also in cars, and in establishments located either in the house itself or nearby.
- Lack of response to the included car alarm is also an illegal act.
- Use of pyrotechnics at any time except New Year's Eve before 5:00.
- You can not shout loudly, talk in raised tones, sing, play musical instruments.
- A special limitation applies to repair, construction, excavation, loading and unloading.
Of course, there are a number of exceptions. They concern:
- Activities that are carried out by the Ministry of Emergency Situations as part of the elimination of the consequences of accidents, emergencies, natural disasters and other things.
- Carrying out planned large-scale cultural events.
- Church events, ceremonies, worship services.
- New year's night. All citizens are allowed to make noise, have fun and use pyrotechnics until 5:00.
- The use of special signals on vehicles is allowed only if there is an appropriate order.
- Measures aimed at improving residential development.
- Performing urgent work that cannot be stopped (for example, snow removal work).
Responsibility for breach of silence
Without appropriate measurements of the noise level with special devices it is impossible to determine whether the permissible noise background was exceeded. It is possible to call specialists from Rospotrebnadzor to measure noise, but on the condition that this noise is produced by legal entities (cafes, shops). No one will come to a private apartment to measure. Therefore, a complaint to this organization is appropriate only if the violator is an individual entrepreneur or a legal entity.
Administrative responsibility for violating the law on silence in the Orenburg region comes to everyone without exception. Only the fines differ.If for ordinary citizens the fine is 1000-3000 rubles, then individual entrepreneurs and legal entities will pay 10000-15000 rubles, and officials - 3000-5000 rubles.
If an agreement has been reached between the local authorities and the Ministry of Internal Affairs, then police officers are authorized to draw up reports on offenders. In Orenburg and the region, such an agreement was recorded back in 2016. That is, it gives citizens the full right to contact the police in case of unlawful actions of a neighbor.
The outfit, having left on request, draws up a protocol, and on its basis a fine is imposed on the disturber of the peace. You should not immediately rush to the phone and call the police, first of all you need to try to peacefully resolve the issue with a noisy neighbor. Only after that you can either call the outfit, or go to the district police officer on your own. After that, the police officers must go to the place to establish the fact. Sometimes a simple conversation with a law enforcement officer is enough to reason with an overly noisy neighbor.
You can also try to write complaints to the HOA or the management company, but their powers are also limited exclusively to explanatory conversations. Of the cardinal measures, one can single out only the court, but appeal to this instance is possible only if there is evidence.
Let's live quietly Why Orenburg deputies adopted a law on silence, and where now you can not make noise
On April 18, deputies of the Legislative Assembly of the Orenburg Region in the second reading adopted amendments to the law "On measures to ensure peace and quiet of citizens in the Orenburg Region." The parliamentarians of the region discussed the law on silence for almost a year. As a result, it was adopted, moreover, the wording of the final document is much tougher than it was supposed in the original format.
According to the new law, now in the Orenburg region it is forbidden to carry out work involving noise on a day off - Sunday and on a holiday (non-working) day, if the next one is a working day. In addition, the new law prohibits the start of work involving noise earlier than 9.00 am and to finish it later than 21.00 pm on weekdays.
It is also prohibited to carry out repair work during the period from 13.00 to 15.00 on weekdays and weekends. In fact, we are talking about the so-called quiet hour - the time when children and the elderly sleep.
- The procedure for signing the law is coming, and we hope that it will start working in May, - stressed Alexander Trubnikov.
According to him, "perhaps the most peaceful law caused the most heated discussions in the Orenburg community over the past six months."
– The amendments were also discussed in the Women's Council, the advisory council under the Legislative Assembly, the Public Chamber. Not all the amendments proposed by the governor and the regional prosecutor were adopted in full for a number of reasons. As a result, one of the most significant norms appeared in the law, establishing the so-called "quiet hour" - from 13 to 15 hours daily. The very name of this law sounds like this: "On measures to ensure the peace and quiet of citizens on the territory of the Orenburg region." And it was adopted not to punish anyone, but to protect: women “in position”, families with small children or disabled people, the disabled, other citizens who, for various reasons or on a rotational basis, are at home. In the “daytime hour of silence” it is forbidden to carry out any work: drilling, knocking, making noise, also turning on sound recording equipment, singing loudly, and so on, the parliamentarian emphasized.
Enforcement of the law lies primarily with the police and district police. In general, in Russia, about 17-18 regions of the country have already introduced these norms.
- A few words about what was not accepted and was also very vigorously discussed. This is an amendment for pet owners. The fact that the failure to take measures by the owners of animals that allow noise entails an administrative penalty. There have been many consultations.Due to the fact that there was some vagueness in the definition, we decided to return to this topic in the future,” he concluded.
State Duma Deputy Igor Sukharev supported the project of regional colleagues. According to him, the law has its supporters and opponents: those who make repairs on their own are outraged that there is simply no time to do it now (or hire workers), but parents of young children are glad that now no one will interfere with their daytime sleep kids.
- This is a domestic aspect, but there is also a legal one. The silence regime is established by the law of the region. The Orenburg region is not a pioneer in adopting a law on silence, but I can say that I am a pioneer in ensuring its implementation. I also co-authored a bill establishing administrative liability at the federal level for violating the peace and quiet of citizens. The law is being prepared for consideration in the first reading. Its adoption will also relieve the regions from the need to conclude agreements with the Ministry of Internal Affairs and pay from the regional budget for the performance of part of their functions by the police.
Silence Act measures and consequences
According to the accepted edition it is forbidden:
- to carry out work involving noise on a day off - Sunday and on a holiday (non-working) day, if the next one is a working day;
- start work involving noise earlier than 9.00 and (or) finish it later than 21.00 on working days;
- in the period from 13.00 to 15.00 hours on weekdays and weekends to carry out repair work.
Administrative measures against violators are clearly spelled out in the law. Fines are set from 1 to 3 thousand rubles for citizens, from 3 to 5 thousand - for officials, from 10 to 15 thousand - for legal entities. In this case, a repeated violation will cost many times more.
According to Deputy Chairman of the Legislative Assembly Alexander Trubnikov, the law was adopted not to punish anyone, but to protect: women "in position", families with small children or disabled people, disabled people, other citizens who, for various reasons, or shift work are at home.
- The procedure for signing the law is coming, and we hope that it will start working in May, - stressed Alexander Trubnikov.
