The rhythm in which modern life goes is for many people a real test. In apartment buildings of cities, noise does not subside either in the daytime or at night. This negatively affects not only the health of people, but also the state of their health.
Solution to the problem
What should I do if the neighbors constantly make noise, periodically I hear children's crying behind the wall, someone turns on the music too loudly, the alarm constantly sounds in cars in the parking lot? There are two options for solving this problem. You can simply change your place of residence, leaving the apartment building in a secluded cottage. But in most cases this is not a way out of the situation. Then the Law "On Silence and Peace" will come to the rescue. Let us examine in more detail what it is.
Silence at night
The law governing the sanitary-epidemiological well-being of the population contains a special provision. It provides fairly clear indicators within which noise is allowed. If neighbors interfere, you can always try to talk to them and come to a "settlement agreement." But what if the entertainment centers, kiosks, and construction sites located in the immediate vicinity of the house disturb peace? Many people know that no noise can be made from eleven o'clock in the evening. But not everyone clearly understands what can be done at this time and what cannot. It should be said that in every region of the country today there is a decree regulating this issue in accordance with the peculiarities of the territory.
Law "On Silence" (Moscow)
The text of the regulatory act was recently finalized and adopted in a new edition. It entered into force on January 1, 2014. The first innovation was the establishment of a “quiet hour”. It lasts from 13 to 15 hours. Quiet hour violators will be held administratively liable. Also, in the new edition of the regulatory act, the list of prohibitions includes barking of dogs, the sound of car alarms. At the same time, the Law on Silence in Moscow provides for fines for violation of order. I must say that in comparison with the previous edition, their sizes are more than doubled.
Main articles
The law "On Silence" in the new edition contains Art. 23. It establishes a list and provides explanations on the types of noise effects. Article 25 defines a list of residential and public buildings, constructions, as well as adjacent territories, requiring the protection of the peace of citizens at specified time intervals. In Art. 27, a regulatory mechanism is described to prevent an increase in noise during repair, excavation, construction and other works. For the latter, a time period from 9.00 to 19.00 is valid.
Set time
The Moscow law "On silence" provides for an increase in the interval during which it is not allowed to make noise. In particular, now you can’t do this from 22.00 to 6.00 on weekdays and from 23.00 to 9.00 on weekends. The Moscow Region Law "On Silence" establishes these intervals for the suburbs. Directly in the capital itself, it is forbidden to make noise from 9 p.m. to 8 a.m. on weekdays and from 10 p.m. to 10 a.m. on weekends. There is also a daily interval - from an hour to three. At this time, the Law of the Moscow Region "On Silence" also prohibits making noise.
List of violations
Along with the increase in periods during which it is not allowed to make noise, the list of those actions that are forbidden to be performed at the indicated night intervals has changed. Clauses on the ban on the use of sound-producing and pyrotechnic devices and means, screaming, whistling, singing, carrying out excavation, construction, repair, cleaning, loading and unloading and other works have been preserved.In the new edition, the Law "On Silence" equates to violations of failure to take measures for an hour or more to stop howling, barking and other noise by pet owners, and not to mute the sounds of the guarded vehicle alarms.
Exceptions
They are also provided by the regulatory text. The Law "On Silence", in particular, allows noise in the following cases:
- In the prevention of offenses.
- When eliminating and preventing natural disasters, accidents, catastrophes.
- When conducting sports, cultural events and other public events, professional and other holidays.
- When conducting religious ordinances within the canonical requirements.
As for the New Year holidays, the Law on Silence allows pyrotechnics to be used until 4 in the morning.
Punishment
The new edition penalties more than doubled. So, for citizens, the minimum size will now be instead of one - two thousand rubles, for an official instead of three - seven, for legal entities instead of forty - eighty. Along with this, the amount of the fine will be even higher in case of repeated violation of the order. In the event that these measures prove to be ineffective, those guilty may face three months of correctional labor. It should be said that in St. Petersburg, for example, the range of fines is slightly different. So, for citizens it is in the range of 500-4000 p., For organizations - 50 000 p.
Decibels
The Law on Silence in Moscow sets not only time intervals during which no noise is allowed. The regulatory act provides directly for volume limits. So, the noise level in the daytime should not be higher than 40 dB. From 23.00 to 7.00 the permitted volume is up to thirty. To make it more clear what this level is, it is worth saying that during a conversation, for example, the noise level is on average 65, and when the alarm goes off - 80 dB. If you shoot a gun near your ear, the volume will be about 160 dB. The noise level of the alarm on the car is about 80-100 dB.
How to apply a normative act?
Undoubtedly, it is always better to try to resolve conflicts peacefully. To begin with, you just need to talk with neighbors, owners of cars or animals, owners or tenants of nearby objects that disturb peace. If these actions do not lead to anything, you can contact the police. However, as practice shows, district police officers do not always respond to such appeals. The Law on Silence came into force and can be used to protect one’s interests. If it was decided to go to court, then a series of procedures must first be carried out. In particular, an examination should be ordered, during which specialists will determine the noise level. According to the results of the survey, experts draw up an act. It indicates:
- Survey conditions (date, place and time).
- Technical characteristics of equipment and instruments used in the measurement of noise.
- Testimonial data of persons who were present during the examination.
- Conclusion
Having such an act on hand, it is quite possible to go to court. It is advisable to enlist the support of residents of other apartments, also suffering from noise. You can make a claim yourself or with the help of a qualified lawyer. In any case, the text of the application should contain a reference to the applicable federal law. As practice shows, if there is evidence, it is quite possible to win the case.
How about in other regions?
An interesting situation, for example, in the Rostov region. In this subject, unlike a number of others, as such, a normative act prohibiting making noise at one time or another does not exist. However, the amendments may affect the Law establishing liability for administrative offenses.In addition to the already existing excess of sanitary standards for noise, a loud conversation outside the walls with poor sound insulation can be added to the list of illegal actions. With the introduction of new rules, accordingly, the size of the fine will be increased. Amounts will be determined by the Legislative Assembly of the entity. Verbal warnings are not provided. Penalties will be imposed immediately on violators. Currently, in the Rostov region it is allowed to make noise until 23.00.
Finally
The new edition of the Law "On Silence" will provide citizens with peace and relaxation. However, the norm should not be abused. Of course, upholding one's own rights should not infringe on the interests of others. Before taking any drastic measures, it is advisable to solve everything peacefully. This is especially true for problems with neighbors. Indeed, in the event that it will be possible to obtain punishment for them through the courts, it is not known what life will become next to these people. If the neighbors do not want to make contact and take appropriate measures, it remains only to appeal to the court.
Before writing a statement of claim, it is necessary to carefully study the provisions contained in the Law on Silence. Having understood the terms, lists and responsibilities, it will be easier to defend your point of view. Do not forget about the need for expertise. Today, there are a sufficient number of companies engaged in such activities. When choosing an expert company, you need to check whether it has a license. It is also important to have at least two witnesses who are ready to speak in court and confirm the claims. Their written statements can also be attached to the statement of claim. In judicial practice, there are many cases of successful outcome of a case when citizens managed to defend their interests.