Procedures of Shanghai Municipality on Prevention and Control of Pollution by Noise of Social Activities

• Document Number：Decree of Shanghai Municipal People's Government No. 94
• Area of Law： Environmental Protection
• Level of Authority： Local Government Rules
• Date issued：12-05-2012
• Status： Effective
• Issuing Authority： Shanghai Municipality

Decree of Shanghai Municipal People's Government
(No. 94)
The Procedures of Shanghai Municipality on Prevention and Control of Pollution by Noise of Social Activities were adopted at the 157th Routine Meeting of the Municipal People's Government on November 26, 2012, and are hereby promulgated. They shall be effective as of March 1, 2013.
Mayor: Han Zheng
December 5, 2012
Procedures of Shanghai Municipality on Prevention and Control of Pollution by Noise of Social Activities
Article 1 (Purposes and Basis)
With a view to preventing and controlling pollution by noise of social activities, and protecting and improving the living environment, these Procedures are formulated in accordance with the Law of the People's Republic of China on Prevention and Control of Pollution by Environmental Noise, the Law of the People's Republic of China on Penalties in Administration of Public Security, and the relevant laws and regulations, and in the light of the actual circumstances of this Municipality.
Article 2 (Application Scope)
These Procedures apply to the prevention and control of pollution by noise of social activities in the administrative area of this Municipality.
Article 3 (Supervision Department)
The municipal and district/county administrative departments of environmental protection (hereinafter referred to as the environmental protection department) shall be responsible for the supervision and management of the prevention and control of pollution by noise of social activities in their respective administrative areas.
The public security organ shall, in accordance with its statutory duties, impose administrative penalties on the social acts that make noise to disturb others' normal life.
The administrative departments of planning, construction, industry and commerce, cultural, urban management and law enforcement, housing management, education, sports, greening and city appearance of this Municipality shall, in accordance with their respective duties and the provisions of these Procedures, cooperate to implement these Procedures.
Article 4 (Requirements on the Control of Noise Source)
When drawing up urban and rural plans, the municipal and district/county administrative departments of planning shall, based on the impact of various noises of social activities on neighborhood environment, rationally determine the plan layout.
When drawing up the norms of building designs, the municipal administrative department of construction shall determine the requirements on noise insulation for noise-sensitive structures. In the acceptance check of noise-sensitive structures, the fulfillment of the requirements on noise insulation shall be taken as one of the checking items.
Article 5 (Control of Business Activities Easily Causing Noise Pollution)
In the area where noise-sensitive structures concentrate, business activities easily causing noise pollution, such as metal cutting, stone and wood processing shall be prohibited.
Singing and dancing entertainment centers, such as the Karaoke that easily causes noise pollution shall not be placed within residential buildings and their supporting commercial buildings, commercial/residential complex buildings, or around schools, hospitals, government organs.
Article 6 (Prevention and Control of Noise from Relevant Facilities in Business Activities)
Operators and managers of shops along streets shall not use out-door sound appliances to attracting customers; using in-door sound appliances to attract customers, the noise at the boundary shall not exceed the limits set by the State on emission of environmental noise of social activities.
In the area where noise-sensitive structures concentrate, commercial promotions that might produce noise pollution shall be prohibited. In the case of commercial promotions in other places where sound appliances are used to cause noise that affects neighborhood residents' lives, the local department of environmental protection shall order them to take noise control measures.
When using such equipment and facilities that may produce noise pollution in business activities as cooling tower, exhaust blower, electric generator, water pump, air compressor, or air-conditioner, the operators and managers shall take effective measures to prevent and control the noise, so as to keep the noise below the limits set by the State on emission of environmental noise of social activities.
Article 7 (General Requirements on the Control of Noise at Public Places)
From 10 pm to 6 am the next day and at parks, public green spaces, squares, streets (including big and small lanes not within the area of property management) that are adjacent to noise-sensitive structures, using musical instruments or sound appliances for physical exercises and entertainment activities shall be prohibited so as not to disturb others' normal lives.
During the times other than is specified in the preceding clause, no sound appliances with an external loudspeaker set shall be used for doing physical exercises and entertainment activities at the above-mentioned places so as not to disturb others' normal lives. Theoretical performances and similar activities approved by the administrative department of culture and the public security organ according to relevant provisions of the State are exempted.
Article 8 (Requirements on the Control of Noise at Particular Pubic Places)
In the case of parks with prominent noise pollution produced by physical exercises and entertainment activities, the park managers may, jointly with the district/county people's governments or sub-district offices, under the guidance of the district/county administrative departments of environmental protection and the public security organ, organize the organizers and participants of physical exercises and entertainment activities, and those who suffer from the noise to draw up an agreement on the control of noise at parks; efforts, such as rationally dividing activity areas, avoiding noise in sensitive hours, limiting noise levels, shall be made so as not to disturb the neighborhood living environment. When necessary, park managers may adjust the layout of the parks according to law and install such facilities as barriers, and noise level monitor.
In public green spaces, squares, streets and the particular public spaces with prominent noise pollution produced by physical exercises and entertainment activities, the local district/county people's governments and sub-district offices, under the guidance of the district/county administrative departments of environmental protection and the public security organ, organize the organizers and participants of physical exercises and entertainment activities, and those who suffer from the noise to draw up an agreement on the control of noise to rationally limit the activity area, scale and noise level.
The organizers and participants of physical exercises and entertainment activities shall observe the requirements by the noise control agreement. In case of violation, the public security organ may take it as one of the bases for judging disturbance of others' normal lives.
Article 9 (Prevention and Control of Noise from the Vehicle's Anti-theft Alarm Device)
Within the area where the noise-sensitive structures concentrate, after the vehicle's anti-theft alarm device gives a warning hoot, the user of the vehicle shall handle it in a timely manner to avoid disturbing the neighborhood living environment.
Article 10 (Prevention and Control of Noise from Public Utilities of Residential Quarter)
When building new residential quarters, the development unit shall take measures to make the noise from public utilities, such as water supply, water drainage, heat supply, power supply, central air conditioners, elevators, and ventilations, conform to the limits set by the State on emission of environmental noise of social activities.
When selling newly-built residential buildings, the real estate developer shall clearly mark out, in the sales contract, the noise pollution source of the relevant public utilities and the supporting commercial houses in the residential quarters, and the prevention and control situation thereof; if there are noise sources in adjacent buildings that may affect the residential quarters, they shall also be marked out.
If the noise from the public utilities in the existing residential quarters does not conform to the limits on emission of environmental noise of social activities, the owners of the public utilities shall take effective measures to control it. The administrative departments of environmental protection and building management shall strengthen the guidance and supervision over the prevention and control of noise from the public utilities in the residential quarters.
The situation of the prevention and control of noise pollution in residential quarters shall be incorporated into the system for model residential quarter evaluation.
Article 11 (Prevention and Control of Noise from Indoor Entertainment Activities and Pets)
Whoever uses household appliances or musical instruments or holds other indoor entertainment activities shall keep the sound volume under control or take other effective measures to avoid producing noise to disturb others' normal lives.
The pet owner or the person taking care of the pet shall take effective measures to prevent noise by the pet from disturbing others' normal lives.
Those who suffer from the noise may report the case to the property owners' committee or the property services company, and the latter shall coordinate and handle the complaint according to the property owner's management protocol of the residential quarters.
Article 12 (Prevention and Control of Noise from Decoration and Refitting)
From 6 pm to 8 am the next day and during the whole day of public holidays (not including weekends), decoration and refitting that produce noise shall be prohibited in a residential building that is already completed in construction and delivered for use. Whoever makes decoration and refitting at any other times shall take measures to prevent and control noise and avoid disturbing others' normal lives.
The property owner's management protocol of the residential quarters may, in the light of the actual circumstances, provide a stricter time for decoration and refitting than is provided by the preceding clause.
Article 13 (Prevention and Control of Noise Pollution from A School)
A school within the area where noise-sensitive structures concentrate shall not use the sound appliances that produce loud noise. The municipal administrative department of environmental protection shall, jointly with the municipal administrative department of education, provide guidance for schools in using sound appliances.
Article 14 (Complaints)
All units and individuals have the obligation to protect the environment against noise pollution, and have the right to complain and report the acts of producing social-activity noise pollution to the administrative department of environmental protection and the public security organ.
The administrative department of environmental protection and the public security organ shall handle the complaint and report on noise pollution in a timely manner, and inform the party concerned the handling result.
Article 15 (Mediation Mechanism)
The district/county environmental protection departments, town/township people's governments, and sub-district offices may, in response to the application of the party concerned, mediate the dispute over the social-activity noise pollution.
The neighborhood/village committee shall coordinate with the local people's government and relevant departments to regulate the social-activity noise pollution that affects the community. The party involved in the dispute of the noise pollution may apply for mediation to the people's mediation committee set up by the neighborhood/village committee; and the people's mediation committee may also provide mediation initiatively.
Article 16 (Urban Inspectors' Inspection)
Where the urban management and law enforcement department finds any acts in violation of these procedures by the operators and managers of shops along streets or by the organizers and participants of the physical exercises and entertainment activities in public places, the department shall dissuade the wrongdoer in a timely manner; where the wrongdoer disregards the dissuasion, it shall be reported to the public security organ for handling.
Article 17 (Supervision and Inspection)
The administrative department of environmental protection and the public security organ shall have the right to carry out on-the-spot supervision and inspection of the place where the noise by social activities comes from. The unit under supervision and inspection shall be cooperative and truthfully report the situation of the prevention and control of noise pollution, and provide necessary documents.
Article 18 (Provisions on Administrative Penalties by the Environmental Protection Department)
Where anyone commits any of the following acts in violation of these Procedures, the environmental protection department shall order the wrongdoer to make rectifications within a prescribed time limit, and impose punishment according to the following provisions:
1. For the act violating the provisions of Clause 1 of Article 5 of these Procedures, conducting business activities such as metal cutting, stone and wood processing, in the area where noise-sensitive structures concentrate, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed.
2. For the act violating the provisions of Clause 3 of Article 6 of these Procedures, using facilities and equipment for business activities, of which the boundary noise exceeds the limits set by the State on emission of environmental noise of social activities, a fine of not less than 3,000 yuan but not more than 30,000 yuan shall be imposed.
Article 19 (Provisions on Administrative Penalties by the Public Security Organ)
Where anyone commits any of the following acts in violation of these Procedures, the public security organ shall give a warning according to the provisions of Article 58 of the Law of the People's Republic of China on Penalties for Administration of Public Security; failure to make corrections after the warning is subject to a fine of not less than 200 yuan but not more than 500 yuan:
1. in violation of the provisions of Clause 1 of Article 6 of these Procedures, using outdoor sound appliances to attract customers;
2. in violation of the provisions of Article 7 of these Procedures, doing physical exercises and entertainment activities by using musical instruments or sound appliances in a forbidden time period, or using sound appliances with an external loudspeaker set in physical exercises and entertainment activities;
3. in violation of the provisions of Clause 1 of Article 12 of these Procedures, presence of residents' complaints about noise disturbances together with verification by the residents' committee, the property owners' committee or the property services company, or other evidences verifying that the noise has disturbed others' normal lives.
Article 20 (Liability for Tort)
Any unit or individual suffering from social-activity noise pollution shall have the right to demand the polluter to stop the tort, eliminate the hazards, obviate the impediment, or compensate for the losses. The party concerned may file a lawsuit with the People's Court for the acts infringing upon their legitimate rights and interests.
Article 21 (Administrative Liability)
Where a staff member of the administrative department of environmental protection and the public security organ fails, in his/her work of controlling, supervising, and managing social-activity noise pollution, to investigate and handle the illegal acts complained about and reported, his/her work unit or the relevant department shall give a warning, a demerit or a serious demerit to punish him/her according to law; in a serious case, the sanction of demotion or removal from office shall be given.
Article 22 (Effective Date)
These Procedures shall be effective as of March 1, 2013. The Procedures of Shanghai Municipality on the Control and Management of Pollution by Noise of Fixed Source promulgated by Shanghai Municipal People's Government on February 25, 1986 shall be repealed at the same time.
Attachments:
1. Relevant Articles from the Law of the People's Republic of China on Prevention and Control of Pollution by Environmental Noise
Article 41 "Noise of Social Activities", as used in this Law, refers to the sound that is emitted by man-conducted activities and that impairs the living environment of the neighborhood, other than industrial, construction and traffic noise.
Article 63 For the purpose of this Law, the meanings of the following terms are:
1. "Noise emission" means emission of noise from the source to the living environment of the neighborhood.
2. "Noise-sensitive structures" mean structures that require a quiet environment such as hospitals, schools, government offices, research institutions and residential buildings.
3. "Area where noise-sensitive structures concentrate" means such areas as medical treatment areas, cultural, education and research districts and areas where government offices or residential buildings constitute the main buildings.
2. Relevant Articles of the Law of the People's Republic of China on Penalties in Administration of Public Security
Article 58 Anyone who makes noises and disturbs the normal life of any other person by violating the legal provisions on the prevention and control of pollution by noise of social activities shall be given a warning; in case of failing to make corrections after the warning, he/she is subject to a fine of not less than 200 yuan but not more than 500 yuan.