Why do the police always fail to handle "noise pollution" issues?

People often ask: Is noise exceeding xx decibels considered a disturbance? If it is a disturbance, I call the police, but why don't they do anything? In this article, we'll look at this issue from the police's perspective.

Definition of noise pollution:

Noise pollution is a violation of the law as defined by the "Environmental Noise Pollution Prevention and Control Law of the People's Republic of China." Any noise that disturbs a citizen's normal life constitutes a violation of the law.

The national noise standards are: 50-70 decibels during the day and 40-60 decibels at night.

Note: Daytime hours: 6:00 AM to 10:00 PM; Nighttime hours: 10:00 PM to 6:00 AM the following day.

Environmental Noise Pollution Prevention and Control Law of the People's Republic of China

Article 2 Environmental noise as referred to in this Law means the sound generated in industrial production, construction, transportation and social life that disturbs the surrounding living environment.

Of these four noise sources, only noise generated in daily life falls under the jurisdiction of the police. Article 58 of the "Law of the People's Republic of China on Penalties for Administration of Public Security," which came into effect on March 1, 2006, stipulates that anyone who violates the legal provisions on the prevention and control of noise pollution in daily life and creates noise that disturbs the normal life of others shall be given a warning; if the violation is not corrected after being warned, a fine of not less than 200 yuan and not more than 500 yuan shall be imposed.

What conditions must be met to trigger an alarm?

1. Types of noise: Noise caused in social life.

Social noise is divided into three categories: noise from commercial establishments, noise from public activity areas, and other common noise.

1) Noise from commercial premises, typical sources of which include noise generated by sound reinforcement equipment and amusement facilities used in commercial cultural and entertainment venues and commercial operations;

2) Noise in public activity areas, typical sources of which include broadcasting, sound systems, etc.

3) Other common noises, typical sources of which include noise from renovation and construction, kitchen and bathroom equipment, and daily activities.

Note: Many noises in life are controversial, such as the sound of chopping vegetables, walking, and children running and jumping.

2. Noise Disturbance: The complainant chooses to take legal action because they believe the noise is interfering with their normal life. If the police officers responding to the incident intend to issue a penalty, they must take a statement from the complainant and record how the noise disturbed their life.

What the police can do after you call the police:

First dispatch: After verifying the facts, the first offense can only result in a "warning" penalty for the person or unit causing the noise.

Second police response: If the person or unit has been penalized and warned for making noise but still "does not repent," a second statement will be taken and the case investigated. After the facts are clear, a fine of 200 to 500 yuan will be imposed.

Why are Chinese police powerless to deal with noise pollution in daily life?

Although there are relevant legal grounds, news reports of "noise pollution and police inaction" are commonplace in our lives. Why are the police powerless to address noise pollution issues? Here is a police officer's perspective on noise cases:

Police officer's poignant account of noise pollution:

We've received alarms about noise pollution from school exercises at 10 a.m., from house renovations at 3 p.m., from upstairs shoe heels at 9 p.m., and even from neighbors having sex at midnight.

No law tells frontline police officers what area, what activity, or how loud a sound constitutes "noise pollution," and frontline police officers have never been issued "noise detectors"!

Who defines "noise"? There are no defining standards, no testing equipment; can it be determined solely by the complainant's word? I'd like to, but the law won't allow it!

In addition, 99.99% of those who report "noise pollution" simply ask the police to shut down the other party's loudspeakers, chainsaws, high heels, and genitals; no one is ever willing to cooperate with the police to go to the police station to make a statement and punish the person or unit causing the noise.

Therefore, the police can only go to the scene repeatedly, like taking a walk, while the "noise from daily life" is completely unaffected!

Even more tragically, because no other functional departments besides the police station are on duty 24 hours a day, noise from industrial production, construction, and transportation-which are not under the jurisdiction of the public security bureau-is forcibly assigned to the police station through channels like 110 and 12345, requiring the police station, which has no law enforcement power, to handle it, all under the guise of "serving the people!" However, if the police station fails to handle the situation properly, the public won't criticize the off-duty functional departments; they'll only call the police useless!

Meanwhile, the "Environmental Noise Pollution Prevention and Control Law of the People's Republic of China" has clear provisions regarding issues such as loudspeakers used by businesses to attract customers, noise from air conditioners and cooling towers in large units, and the cacophony of noise from KTVs and other commercial cultural and entertainment venues. However, due to the laziness of other relevant functional departments, these problems have also been unfairly blamed on the police.

How can we strengthen police enforcement against noise pollution in daily life?

Enforcing noise pollution laws is difficult for police due to inadequate regulations, a lack of evidence-gathering capabilities among officers, and weak penalties. To improve this situation, efforts should be made in the following areas:

(The following methods are merely my personal suggestions; please feel free to contact me if you find them inappropriate. The premise for discussion is that the building's sound insulation is substandard and difficult to improve; the goal is to resolve current noise disputes with neighbors.)

The noise reduction method:

1. Specify the types of noise pollution: During quiet hours, certain activities should be avoided, such as running, jumping, playing ball, exercising, chopping vegetables, and playing mahjong. Many noise polluters use the excuse of normal household noise, leaving law enforcement speechless. Clearly defining the prohibitions on these activities in areas with poor sound insulation will allow for more targeted enforcement by the police.

2. Define noise standards: Different noise sources have different standards, such as cars, air conditioners, refrigerators, water pumps, electrical boxes, etc.; extend quiet time from 22:00 to 7:00. For example, if someone gets up at 6:00 in the morning to chop vegetables, the noise will seriously affect other people's rest.

Improve police's ability to handle noise-related cases:

1. Enhance police officers' noise awareness: Police officers should be familiar with noise standards for relevant noise-sensitive areas and equipment, and strictly enforce noise standards. For example, if the noise from an outdoor air conditioner exceeds the standard, the police have the right to require the homeowner to replace it with a quieter air conditioner and take measures to reduce noise.

2. Equipped with relevant noise detection equipment: When receiving noise pollution cases, the police should have certain evidence-gathering capabilities or the authority to determine noise levels. For example, if a downstairs neighbor complains of significant noise from upstairs, the police can issue penalties to the upstairs neighbor after verifying the facts.

Increase the severity of noise penalties:

1. For first-time noise disturbance offenders, a warning and a fine will be imposed.

2. For those who repeatedly fail to correct their behavior, business operators will be ordered to suspend operations for rectification; for ordinary residents, their credit records will be affected.

3. In serious cases, detention may be permitted, and a criminal record will be kept.