中华人民共和国环境噪声污染防治条例 REGULATIONS OF THE PEOPLES REPUBLIC OF CHINA ON PREVENTION AND CURE OF AMBIENT NOI

t units open other arrangements for protection of the rights and interests of the victims subject to the approval of the local people's government.

　　Article 20 Any unit who engages in activities with occasional emission of strong noise shall in advance file an application with the environment protection department of the local people's government and the public security organ， only after the obtainment of approval from which can such activities be conducted.

　　In advance to the occasional emission of strong noise the environment protection department of the local people's government and the public security organ shall make a joint declaration to notify the public.

　　Chapter IV Provention and Cure of Noise Pollution out of Construction

　　Article 21 Any unit in charge of construction who has noise emitted into ambient living environment shall comply with state prescribed standards governing emission of ambient noise within limited boundary of construction.

　　Article 22 In case facilities， equipments or other apparatus when used in construction may create noise in excess to state prescribed standards governing emission of ambient noise within limited boundary of construction， a report shall be made 15 days prior to the beginning of construction to environment protection department of the local people's government upon the name of the construction project， the name of the unit in charge of construction， location and length of construction， intensity of noise possibly emitted within the construction boundary and measures to be adopted for prevention and control of noise pollution.

　　Article 23 In case the emission of construction noise exceeds the state prescribed standards governing emission of ambient noise within limited construction boundary to the detriment of the ambient living environment， environment protection department of the local people's government may impose restriction upon the time of construction subject to approval of the people's government at or above the county level.

　　Article 24 It shall be prohibited to conduct construction at night th

at creates noise pollution and disturbs the rest of residents in residential districts， cultural and educational districts or convalescent districts except for urgent repairs or emergency. If technology or special necessity requires continuous construction， it shall be subject to approval of environment department of the people's government at or above the county level.

　　Article 25 In case the emission of construction noise into ambient living environment exceeds state prescribed standards governing emission of ambient noise within limited construction boundary and is unable to be eliminated through controll of noise sources due to actual economical or technological restrictions， effect measures shall be adopted to reduce noise pollution to a minimum and an agreement shall be made through negotiation with the organisation of the affected residents and other relevant units open other arrangements for protection of the rights and interests of the victims subject to the approval of the local people's government.

　　Chapter V Provention and Cure of Noise Pollution from Communications

　　Article 26 Moving motor vehicles shall have equipped with them silencers and whistles complying with prescriptions and shall keep effective technological functions. The whole vehicle shall not emit noise in excess of prescribed standards governing emission of noise by motor vehicles. Those which can not reach the standards in terms of noise emission shall not be licensed.

　　Equipment of alarms on fire trucks， ambulances， construction emergency trucks and security trucks shall comply with corresponding provisions of the security department. Alarms shall not be used when it is not an urgent situation and where such use is prohibited.

　　Article 27 Different motor-driven ships including hovercrafts shall use sound signals according to corresponding provisions.

　　Article 28 Public security departments and communications administration departments of the people's governments at or above the county level may， with a view to preventing and controlling of traffic noise pollution and reaching the quality standards governing ambient noise， make their prescriptions as to where and when motor- driven vehicles and ships are prohibited from moving.

　　Article 29 Trains passing or arriving in urban district of a city， convalescent district or scenic spot shall use only air whistle.

　　Article 30 Air crafts which emit noise when taking off or landing shall conform to the standards governing emission of noise by air crafts. Air crafts shall be prohibited from exercising hedgehopping in the air over urban district of a city.

　　Article 31 Bus or railway stations， marshalling stations， harbour， wharfs， airports and other hubs of communications where loudspeakers are used shall bring the volume of loudspeakers under control so as to reduce the influence of noise upon ambient environment.

　　Chapter VI Provention and Cure of Noise Pollution from Social Lives

　　Article 32 Loudspeakers of strong power and propaganda cars with loudspeakers of strong power shall be banned to be used in public districts such as streets， squares， parks and convalescent districts and scenic spots without prior approval of the people's government at or above the county level.

　　Article 33 It shall be prohibited to make loud noise to canvassing customer in commercial districts.

　　Article 34 Managers of entertainment places， sports gymnasiums and stadiums shall adopt effective measures to lessen or eliminate the influence of noise upon ambient environment.

　　Article 35 Anyone who uses household appliances or organise indoor entertainment activities shall control the volume of sound to avoid disturbing other residents.

　　Chapter VII Legal Liabilities

　　Article 36 For committing of any of the following offences in violation of the present Regulations， environment protection dep

artment or other supervisory and administrative organ may， besides charging the offender to make correction， give him a warning or fine punish ment in light of the seriousness of the offence：

　　1） refusal of or lying in report for registration of matters concerning emission of noise as are required by environment protection department of the State Council；

　　2） arbitrarily dismantling or idling facilities for prevention and cure of noise pollution or having noise emitted in excess of prescribed standards governing noise emission without prior approval of environment protection department；

　　3） refusal to accept on-spot investigation of environment protection department or other supervisory and administrative organ or practicing fraud during the investigation；

　　4） disobey of the provisions of the people's government regarding restriction on time of construction or continuing construction without prior approval at night in residential districts， cultural and educational districs， convalescent districts which disturbs the rest of resident；

　　5） vehicles emitting noise in excess of prescribed standards governing emission of noise by motor-driven vehicles；

　　6） trains using air whistles when passing or arriving in urban district of cities， convalescent districts or scenic spots；

　　Article 37 In case the fee for emission of pollution fails to be paid， a fine may be imposed in addition to pursuing the payment of the fee or the fee for emission of pollution in excess of prescribed standards and overdue fine.

　　Article 38 Committing of any of the following offence in violation of the present Regulations shall be punished by the public security organs according to the Regulations of the People's Republic of China Regarding Security Administration and Penalties：

　　1） using loudspeakers of strong power or propaganda cars with strong power loudspeakers in public places such as streets， squares， parkas or in convalescent districts or scenic spots without prior approval of the people's government at or above the county level；

　　2） resorting to methods with loud noise to canvass customers；

　　3） making noise that disturbs others indoors or in public places；

　　4） failure to equip or use alarms for vehicles of special purposes in accordance with corresponding provisions；

　　5） driving motor vehicles or sailing ships when and where it is banned to do so；

　　Article 39 In case a construction is used for production or other purposes when facilities for provention and cure of noise pollution are not finished or up to the corresponding state provisions regarding environment protection with constructions， the original environment protection department who reviewed and approved the report of environment implications of the construction shall order to stop production or use and may impose a fine as well.

　　Article 40 In case an enterprise or institution fails to complete the ordered treatment of noise within a limited time， a fine may be imposed in light of the consequent damages or a charge may be issued to suspend production or shutdown in addition to payment of certain fee for emission of pollution according to corresponding state provisions.

　　The punishment of fine shall be decided by environment protection department or other supervisory and administrative department. The charge to suspend production or shut down shall be issued by the people's government who ordered the treatment of noise within a limited time. If the charge to stop production or shut down is to be issued to an enterprise or institution under the direct auspices of relevant

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