Regulations of Jiangsu Province on Prevention and Control of Environmental Noise Pollution
时间:2013-12-19  浏览次数: 141

  Regulations of Jiangsu Province on Prevention and Control of Environmental Noise Pollution
  (Adopted at the Nineteenth Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on December 1 2005, and amended according to the Decisions on Amendment of the Regulations of Jiangsu Province on Prevention and Control of Environmental Noise Pollution at the Twenty-sixth Meeting of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province on January 12, 2012)
  Chapter I General Provisions
  Article 1 These Regulations are enacted in accordance with such laws and administrative regulations as the Law of the People’s Republic of China on Prevention and Control of Environmental Noise Pollution, in light of the specific situation of this Province, and for the purposes of preventing and controlling environmental noise pollution, protecting and improving the living environment, ensuring human health and promoting social harmony.
  Article 2 These Regulations shall apply to prevention and control of environmental noise pollution and their supervision and administration within the administrative region of this Province.
  “Environmental noise” as used in these Regulations refers to sound produced by industrial production, construction operation, transportation and social life that disturbs surrounding living environment.   
  “Environmental noise pollution” as used in the Regulations means that the environmental noise produced exceeds the environmental noise emission standards set by the State and the local government and disturbs people’s daily life, work and study.
  Article 3 The local people’s government at or above the county level shall incorporate the prevention and control of environmental noise into the environmental protection planning, and adopt economic and technical policies and measures favorable to the protection of the acoustic environment; in accordance with the national standards for acoustic environmental quality, Pide its regions into different zones for application of different standards for acoustic environmental quality and build zones which will meet the standards for environmental noise control.
  Article 4 The local people’s government at or above the county level and its departments concerned shall, when organizing compilation of special plans such as the transportation plan or the urban and rural development plan, give full consideration to the requirement on the quality of acoustic environment, mark out in a rational way various function areas and directions of traffic trunk lines, carry out impact assessment on the environment according to law, and submit an environmental impact statement to the authority in charge of the examination and approval of the special plan.
  Article 5 The competent administrative department for environmental protection of the local people"s government at or above the county level (hereinafter referred to as the competent administrative department for environmental protection) shall implement unified supervision and administration on prevention and control of environmental noise pollution within the areas under their jurisdiction, urge, direct and coordinate the supervision and administration work on prevention and control of environmental noise pollution carried out by other departments and institutions that exercise their power of supervision and control of environmental noise according to law, and be specifically responsible for supervision and administration of prevention and control of industrial noise pollution, construction noise pollution and noise pollution produced by service industry such as catering and recreation.
  The competent departments of public security, transportation, railway and civil aviation, and maritime safety administrations shall, in light of their respective functions and duties, exercise supervision and administration on prevention and control of pollution produced by noise of social activities and traffic noise pollution.
  The quality and technical supervision department shall exercise supervision and administration on products for which noise level limits are established in national, trade and local standards.
  The competent administrative departments of industry and commerce, construction and culture, township people’s governments and neighborhood offices shall, in light of their respective functions and duties, assist such departments as environmental protection in exercising supervision and administration on prevention and control of environmental noise pollution according to law. 
  Article 6 Proprietors may stipulate rights and obligations concerning prevention and control of environmental noise pollution within their realty management area in the proprietors’ pact which shall be abided by by all the proprietors.
  Realty management organizations shall check behaviors in violation of the provisions in the laws and regulations on prevention and control of environmental noise pollution and the stipulations in the proprietors’ pact within their realty management area, and report the matter in a timely manner to the departments and institutions that exercise the power of supervision and control of environmental noise according to law. 
  Article 7 The competent administrative department for environmental protection and other departments and institutions that exercise the power of supervision and control of environmental noise according to law shall set up informing hotlines and email boxes against environmental noise pollution and make them known to the public.
  Any unit and inPidual shall have the right to inform against or lodge a complaint against any act that causes environmental noise pollution to the competent administrative departments for environmental protection and other departments and institutions that exercise the power of supervision and control of environmental noise according to law. The departments and institutions receiving such information or complaints shall, within three working days, deal with the matters or transfer them to the competent departments or institutions for dealing with; where a matter needs to be dealt with in time, it shall be dealt with immediately or transferred immediately to a department or institution with jurisdiction for dealing with.
  Chapter II Supervision and Administration on Prevention and
  Control of Environmental Noise Pollution
  Article 8 The competent administrative department for environmental protection shall, in conjunction with the departments concerned, work out a plan on prevention and control of environmental noise pollution, and submit it to the people’s government at the corresponding level for approval.
  Urban development and construction activities shall be carried out in compliance with the plan on prevention and control of environmental noise pollution.
  Article 9 The Provincial People’s Government may establish local standards on emission of environmental noise for items not specified by the national standards on emission of environmental noise. Under the organization of the provincial competent administrative department for environmental protection, the local standards on emission of environmental noise shall be formulated and numbered in series under the charge of the provincial quality and technical supervision department, be made known to the public after being approved by the Provincial People’s Government and be submitted for file to the competent administrative department for environmental protection under the State Council.
  Article 10 The competent administrative departments for environmental protection shall regularly carry out monitoring of the regional acoustic environment quality and key sources of noise, and make known to the public the monitoring results.
  The competent administrative department for environmental protection shall, in conjunction with departments concerned, rationally install automatic noise monitoring and displaying facilities in the artery roads, business centers and densely-populated areas within city urban areas step by step so as to intensify monitoring on environmental noise. Finance for installation, operation and maintenance of such automatic noise monitoring and displaying facilities shall be arranged by the financial department at the corresponding level.
  Measuring instruments used for noise monitoring shall pass compulsory test as prescribed by the State. 
  Article 11 Projects under construction, renovation, or expansion that may produce environmental noise pollution shall undergo environmental impact assessment according to law.
  For a construction project that shall go through procedures for examination and approval as prescribed by the State, the construction unit shall complete the formalities of submission of its environmental impact assessment document for approval before submitting a feasibility study report; for a construction project that shall go through procedures for verification as prescribed by the State, the construction unit shall complete the formalities of submission of its environmental impact assessment document for approval before submitting an application for the project. Where a construction unit fails to attach the examination and approval opinions on an environmental impact assessment document to a feasibility study report or an application document for a project, the department in charge of examination and approval or verification of the construction project shall not give permit for construction of the project, and the construction unit shall not launch the construction work .
  For a construction project that shall go through the procedures of submission for file as prescribed by the State, the construction unit shall complete the formalities of submission of its environmental impact assessment document for approval after submitting the project documents for file and before launching the construction work of the project; for such a project where a business license shall be applied for, the construction unit shall submit the environmental impact assessment document for approval before applying for the business license.
  Article 12 For a project or a facility that may produce environmental noise pollution and seriously affect the living environment quality of the residents in the locality, the construction unit shall solicit opinions from relevant interest persons and experts before submitting the environmental impact assessment document, and attach to the document for approval its comments on why it has or has not adopted the opinions from the relevant interest persons and experts. Where the construction unit fails to solicit opinions from the relevant interest persons or experts according to law, or significant Pergence exists between the construction unit and the relevant interest persons and experts although opinions have been solicited according to law, the competent administrative department for environmental protection may hold a hearing to solicit opinions from the relevant interest persons in the locality of the project when examining the environmental impact assessment document. Where the interest persons apply for a hearing, the competent administrative department for environmental protection shall hold a hearing according to law.
  Changing a dwelling house into such commercial use as catering and recreation business shall be agreed upon by all interest proprietors.   
  Article 13 The local people’s government at or above the county level or the competent administrative department for environmental protection it has authorized shall order enterprises, institutions or inPidual industrial and commercial households that produce serious environmental noise pollution within city urban areas to control the pollution within a time limit.
  Chapter III Prevention and Control of Pollution by Noise of Social Activities
  Article 14 Departments concerned shall make unified plans on social service functions of a city. The setting up of public service facilities shall meet the requirement of the plan on prevention and control of environmental noise pollution and avoid pollution and disturbance to residents caused by the environment noise.
  Article 15 Facilities or equipment that may produce environmental noise pollution shall not be constructed or used in newly-built residential clusters and buildings. 
  Public service facilities for living, consumption or recreation that may produce environmental noise pollution but need to be built in city residential areas or quarters as required by the design plans, shall be kept not less than 30 meters away from the boundary of the most adjacent residential building in terms of linear distance.
  Environmental noise produced by public service facilities that have been built in residential areas or quarters, or by houses facing streets or roads that have been used for business operation, shall be kept within the limits on emission of environmental noise of the locality. The local people’s government at or above the county level or the competent administrative department for environmental protection it has authorized shall order the control of noise pollution within a time limit where the set limits on emission are exceeded.
  Article 16 When constructing underground garages or equipment rooms in a dwelling building, the construction unit shall take measures for sound insulation and anti-vibration where the upper level next to the garages or equipment rooms is dwelling place for residents so as to avoid disturbance to the residents in the upper level. 
  Realty management organizations of residential areas shall intensify management on the use of underground garages, and instruct owners or users of motor vehicles to correctly use underground garages so as to prevent disturbance to the life of neighboring parties by noise and shock.
  Article 17 Equipment such as the outdoor machine set of an air-conditioner shall be correctly installed in conformity with the installation criteria, and the noise produced by it shall be kept within the local standards on emission of environmental noise and shall not produce environmental noise pollution to neighboring parties.  
  For equipment such as the outdoor machine set of an air-conditioner that has been installed and put into use, where the equipment has caused environmental noise pollution to neighbors, it shall be discontinued to use, reinstalled or added with sound insulation facilities to eliminate the noise pollution. 
  The installation places for outdoor machine sets of air-conditioners shall be arranged in a rational way in the construction design for a new building.
  Article 18 Whoever makes indoor decoration and refitting, furniture making and outdoor renovation in a residential building that is already completed and delivered for use shall not conduct operation that will produce environmental noise pollution from 12:00 to 14:00 and from 19:00 to 7:00 of the next day. Effective measures shall be taken where such operation is conducted at other times for the purpose of avoiding or reducing environmental noise pollution to neighbors.
  Article 19 Whoever uses household appliances, plays music instruments or carries out entertainment, physical exercise or other activities, shall control sound volume and take other effective measures to keep the noise emitted within the corresponding local standards on emission of environmental noise, and to prevent the low-frequency noise produced in use of such equipment as audio and sports apparatus from disturbing the living of other people.
  Article 20 Such activities as having physical exercise and taking recreation that may produce environmental noise pollution or disturb the rest of neighbors shall not be committed in residential areas and their adjacent streets, squares and parks from 22:00 to 6:00 of the next day. At other times, the environmental noise produced by the audio apparatus used in activities of gathering, physical exercise, recreation or sales promotion shall not exceed the local standards on emission of environmental noise.
  When using audio apparatus for such activities as morning exercises, schools shall choose a good time or take such measures as lowering the sound volume so as to avoid causing environmental noise pollution to all neighboring parties.
  Article 21 Operators and managers of profit-making culture and entertainment centers, stadiums (gymnasiums), marketplaces and catering industry shall take effective measures to keep boundary noise within the standards on emission of environment noise as prescribed. 
  Places engaged in profit-making business shall not install or use outdoor audio apparatus like high-pitch loudspeakers and shall not broadcast music or advertisement outward.
  Chapter VI Prevention and Control of Traffic Noise Pollution
  Article 22 When determining the layout of city construction, the planning department shall, in accordance with the national standards for acoustic environmental quality and the code for sound insulation design for civil architecture, rationally delimit the noise prevention distance between the structures and such traffic trunk lines as highways, urban streets and roads, railways, subways, urban overhead roads and light-tract lines, and set up requirements on planning and design accordingly.
  Where there are State regulations on the noise prevention distance as mentioned in the preceding paragraph, the State regulations shall be carried out; where there are no such State regulations, it shall be determined by the provincial competent administrative department for environmental protection and the provincial competent administrative department for construction, and be promulgated and implemented with the approval of the Provincial People’s Government. 
  Article 23 To construct such communications projects as urban streets and roads, urban overhead roads, highways, light-tract lines, environmental impact evaluation shall be carried out, and areas concentrated with noise-sensitive buildings shall be avoided; where it is really necessary to traverse the existing areas concentrated with noise-sensitive buildings and it is likely to produce environmental noise pollution, the construction units shall take measures to control the environmental noise pollution such as erecting sound barriers, constructing ecological isolation belts or installing sound-proof doors and windows for polluted buildings.
  Article 24 To build new residential buildings on both sides of the existing urban traffic trunk lines such as urban streets and roads, urban overhead roads, highways, and light-tract lines, the distance between the buildings and the traffic trunk lines shall be kept not less than the minimum distance as prescribed by the State and the Province; and measures shall be taken by the construction units to mitigate or avoid the traffic noise pollution. 
  Before selling the residential buildings referred to in the preceding paragraph, the real estate developers shall make known to their buyers the environmental noise pollution that might be produced, and take such measures as installing soundproof doors and windows to reduce traffic noise pollution for buildings that are likely to suffer from the pollution.
  Article 25 Where the distance between the existing traffic trunk lines and the residential buildings on both sides is so short and serious environmental noise pollution has thus been caused, the relevant local people’s government shall organize the departments and units concerned to gradually take measures such as erecting sound barriers, constructing ecological isolation belts and installing soundproof doors and windows for buildings that suffer from the pollution.
  Article 26 The traffic control department of the public security organ and the competent administrative department for environmental protection at the corresponding level may, in line with the need to protect the local acoustic environment of the urban areas, demarcate no-horn areas, road sections and hours, set up signs and make them known to the public.
  Drivers of motor vehicles shall not violate the provisions to sound horns in no-horn areas, road sections and hours as demarcated according to law. 
  Article 27 The passage of vehicles transporting construction rubbish or construction materials in city urban areas shall be carried out in compliance with the time and routes as prescribed by the traffic control department of the public security organ. The passing routes prescribed shall avoid the areas where noise-sensitive structures are concentrated.
  Tractors shall not run on roads where their passing is explicitly prohibited by laws, regulations and decrees of the people’s government of a city or county. For an agriculture machine that must pass through an urban district or a tractor that transports agriculture by-products to a city, the traffic control department of the public security organ shall designate its passing routes and hours. The designated passing routes shall avoid areas where noise-sensitive buildings are concentrated.  
  Article 28 Burglar alarms of motor vehicles shall be installed and used properly. When parking a motor vehicle in a closed-type residential quarter, the user of the motor vehicle shall take measures to prevent and reduce environmental noise pollution produced by the burglar alarm. 
  When driving a motor vehicle into a residential quarter or on a road adjacent to a residential quarter, the driver shall not violate the regulations to sound the horn or broadcast music outward.
  Article 29 Prevention and control of environmental noise pollution produced by trains, motor vessels and civil aircrafts shall be carried out in accordance with the relevant laws and regulations.
  Chapter V Prevention and Control of Construction Noise Pollution
  Article 30 For a construction project in an urban area, the construction unit shall report, 15 days before the start of the project, to the competent administrative department for environmental protection of the place where the project is located such information as the name of the project, the construction site, the period of time needed for completion of the project, main machines and tools to be used, level of environmental noise that may be produced and measures to be taken to prevent and control the environmental noise pollution.
  Article 31 In an urban area where noise-sensitive buildings are concentrated, construction operation that produces environmental noise pollution is forbidden from 22:00 to 6:00 of the next day, with the exception of rush repairs, rescue operations or continued operations required by production techniques or by special needs.
  For continued operation required by concrete casting operation which demands no construction seams, by production techniques for quality guarantee of a project such as broached pile and bored pile forming process or due to special needs, the construction unit shall apply, 3 days before the operation, to the competent administrative department for environmental protection of the place where the project is located, and the competent administrative department for environmental protection shall examine the situation strictly, make verification and issue an certificate within 3 days after receiving the application.
  An announcement shall be made to the neighboring residents with regard to the reasons, scope and duration of the operation and the certifying organs.
  Article 32 For such special periods as senior middle school or college entrance examinations, the competent administrative department for environmental protection may make restrictive provisions on the hours and areas of construction operation that produces environmental noise pollution, and shall make it known to the public 7 days in advance.   
  Chapter VI Prevention and Control of Industrial Noise Pollution
  Article 33 Industrial facilities emitting environmental noise are forbidden to be built in the following areas:
  (1) residential areas and other densely-populated areas;
  (2) areas where hospitals, sanatoriums, schools, libraries, kindergartens, old people apartment, government organs, research institutes are located;
  (3) famous scenic sites, natural reserves and wild animal and plant reserves;
  (4) other key protection areas determined by the people’s government of a city.
  Article 34 The industrial noise emitted to the living environment of the neighborhood within an urban area shall be kept within the standards set by the State on emission of environmental noise for industrial enterprises.
  Industrial enterprises that produce environmental noise pollution shall take effective measures to minimize the impact of noise on the living environment of the neighborhood. 
  Article 35 The people’s government of a city Pided into districts, a county (city or district) shall, in light with the requirement of the plan on prevention and control of environmental noise pollution, formulate and implement a plan on relocation of industrial enterprises that produce environmental noise pollution in urban areas according to law. 
  Article 36 The following industrial production is forbidden in urban areas where noise-sensitive buildings are concentrated:
  (1) machine cutting of such metal materials as steel and aluminum alloy;
  (2) machine processing of such non-metal materials as stone and timber;
  (3) other industrial production severely disturbing the normal rest of residents.
  Article 37 Products not up to the national, trade or local standards on emission of noise shall not be produced, sold or imported.
  Where a noise-making product is to be sold within the administrative region of this Province, the noise volume that will be produced in the use of the product shall be faithfully stated in the product specification sheet and the nameplate.
  Chapter VII Legal Liability
  Article 38 Anyone who, in violation of the Law of the People’s Republic of China on Prevention and Control of Environmental Noise Pollution and the provisions of these Regulations, commits one of the following acts shall be ordered to make rectification and concurrently be imposed a penalty in light of the seriousness of the violation by the competent administrative department for environmental protection or other department or institution that exercises the power of supervision and control of environmental noise according to law:
  (1) anyone who puts into production or use a construction project before the necessary facilities for prevention and control of environmental noise pollution are completed or meet the requirement laid down by the State shall be ordered to stop production or use and may be concurrently liable to a fine not less than RMB 5,000 yuan but not more than RMB 60,000 yuan imposed by the competent administrative department for environmental protection that originally approved the environmental impact statement regarding this construction project;
  (2) anyone who refuses to report or makes a false report on the application items regarding environmental noise emission, shall be given a disciplinary warning or be liable to a fine not less than RMB 1,000 yuan but not more than RMB 5,000 yuan imposed by the competent administrative department for environmental protection;
  (3) anyone who dismantles or leaves idle the facilities for prevention and control of environmental noise pollution without approval of the competent administrative department for environmental protection which results to the emitted environmental noise exceeding the standards prescribed, shall be liable to a fine not less than RMB 2,000 yuan but not more than RMB 10,000 yuan imposed by the competent administrative department for environmental protection;
  (4) anyone who fails to pay, as required by the relevant provisions, fees for excessive emission of environmental noise, shall be ordered by the competent administrative department for environmental protection according to its functions and powers to make such payment within a prescribed period of time; where he fails to do so, he shall be imposed a fine not less than the amount but more than three times the amount of the fees for excessive emission of noise that should be paid; 
  (5) for any enterprise, institution, inPidual commercial and industrial household that emits excessive environmental noise and fails to put the pollution under control at the expiration of the time limit, in addition to the fees that needed to be paid for excessive emission of noise as required by the State, the competent administrative department for environmental protection may, in light of the harms so caused, impose on the enterprise and the institution a fine not less than 10,000 yuan but not more than 100,000 yuan, and on the inPidual commercial and industrial household a fine not less than 2,000 yuan but not more than 20,000 yuan, or the people’s government at or above the county level may order them to suspend production, relocate or close down;
  (6) anyone who manufactures, sells or imports equipment prohibited to be manufactured, sold or imported due to severe environmental noise pollution it may produced, shall be ordered by the competent department for comprehensive economic affairs of the people’s government at or above the county level to make correction; if the violation is serious, the said department shall submit a proposal to the people’s government at the corresponding level to order the violator to suspend operation or close down within the limits granted by the State Council,;
  (7) any unit emitting environmental noise that refuses on-the-spot inspection by the competent administrative department for environmental protection or by any other department or institution with the power of supervision and control of environmental noise according to law, or resorts to fraud when being inspected, shall be given a disciplinary warning or be imposed a fine not less than 500 yuan but not more than 3,000 yuan imposed by the said competent administrative department or the said department or institution;
  (8) anyone who uses a sound apparatus on a motor vehicle in violation of the relevant provisions or violates provisions on passing shall be imposed a penalty by the administrative department for traffic control under the public security organ in accordance with the relevant laws and regulations on road traffic safety; 
  (9) anyone who uses a sound apparatus on a motor vessel in violation of the relevant provisions shall be given a disciplinary warning or be liable to a fine not less than RMB 500 yuan but not more than RMB 1,000 yuan imposed by the maritime administration;
  (10) anyone who uses such equipment and facilities that may produce environmental noise pollution as air-conditioners and cooling towers in operating culture and recreation centers or in other commercial activities, makes the boundary noise emitted exceed the standards on emission of environmental noise as prescribed by the State and thereby causes environmental noise pollution, shall be liable to a fine not less than RMB 1,000 yuan but not more than RMB 5,000 yuan imposed by the competent administrative department for environmental protection.
  Article 39 Any administrative organ that, in violation of the provisions in Article 4 of these Regulations, fails to carry out impact assessment on the environment when organizing compilation of such special plans as the communications plan and the urban and rural development plan, or the authority in charge that approves such a plan without an environmental impact statement, shall be ordered by the administrative organ at higher level to make correction; and the person directly in charge and other person(s) directly responsible shall be given administrative sanctions by the administrative organ or the supervision organ at higher level according to law.
  Article 40 Anyone who commits any of the following acts shall be imposed penalties and dealt with by the competent administrative department for environmental protection in accordance with the following provisions:
  (1) anyone who, in violation of the provisions in the first paragraph of Article 15 of these Regulations, constructs or uses facilities or equipment that produce environmental noise pollution in newly-built residential clusters or buildings, shall be ordered to stop using them; anyone who refuses to stop using or re-uses such facilities or equipment, shall be ordered to dismantle the said facilities or equipment and may be concurrently liable to a fine not less than RMB 200 yuan but not more than RMB 2,000 yuan.
  (2) anyone who, in violation of the provisions in Article 31 of these Regulations, carries out at night continuous construction operation that produces environmental noise pollution without approval, or fails to abide by the provisions on operation hours, shall be ordered to stop the operation immediately and may be liable to a fine not less than RMB 3,000 yuan but not more than RMB 30,000 yuan.
  (3) anyone who, in violation of the provisions in Article 36 of these Regulations, engages in activities prohibited by these Regulations in the urban areas where noise-sensitive buildings are concentrated, shall be ordered to make rectification within a time limit; anyone who fails to make rectification at the expiration of the time limit, shall be ordered to dismantle the facilities or equipment that produce the environmental noise pollution and may be concurrently liable to a fine not less than RMB 500 yuan but not more than RMB 5,000 yuan. 
  Article 41 Anyone who commits any of the following acts shall be ordered to make rectification and given disciplinary warning by the public security organ; anyone who fails to make rectification after being given warning, shall be liabe to a fine not less than RMB 200 yuan but not more than RMB 500 yuan:
  (1) a construction unit, in violation of the provisions in Article 18 of these Regulations, carries out operation that produces environmental noise pollution in hours when such operation is prohibited; 
  (2) a resident, in violation of the provisions in Article 19 of these Regulations, emits noise exceeding the local standards on emission of environmental noise when using household appliances, playing musical instrument or carrying out entertainment, physical exercise or other activities at home;
  (3) anyone, in violation of the provisions in the first paragraph of Article 20 of these Regulations, uses audio apparatus that produce environmental noise exceeding the corresponding local standards on emission of environmental noise when holding such activities in an residential area and its adjacent streets, squares and parks as gathering, physical exercise, recreation or sales promotion, or holds activities such as having physical exercise or recreation that produce environmental noise pollution and thereby disturb the normal rest of neighbours in hours prohibited; ,
  (4) anyone engaged in profit-making business, in violation of the provisions in the second paragraph of Article 21 of these Regulations, installs or uses outdoor audio apparatus such as high-pitch loudspeakers, or broadcasts music or advertisement outward.
  Article 42 Anyone who, in violation of the provisions in Article 33 of these Regulations, constructs industrial facilities that emit environmental noise, shall be ordered according to law by the people’s government at or above the county level, within the limits granted by the State Council, to suspend operation, relocate or close down.
  Article 43 Anyone who violates other provisions in these Regulation shall be given administrative sanctions in accordance with the relevant laws and regulations by the competent administrative department for environmental protection or other department or institution with the power of supervision and control of environmental noise according to law.
  In an area where administrative punishment rights are relatively centralized, the functions and duties of supervision and administration of relevant departments on prevention and control of environmental noise pollution shall be performed according to the provisions of the local people’s government. 
  Article 44 Anyone who refuses or obstructs the performance of official duties by the members of a department or institution that exercise its power of supervision and control of environmental noise according to law and thus constitutes an act violating the administration of public security, shall be given administrative penalties according to law by the public security organ; where a crime is constituted, the criminal liabilities shall be investigated into according to law.  
  Article 45 Where a member of the department or institution that exercise its power of supervision and control of environmental noise according to law abuses his power, neglects his duty or conducts malpractice for personal gains, he shall be given administrative sanctions by the unit to which he belongs or by the administrative organ at higher level; where a crime is constituted, the criminal liabilities shall be investigated into according to law.  
  Chapter VII Supplementary Provisions
  Article 46 The definitions of city residential areas, residential quarters and residential clusters as used in these Regulations are in conformity with the provisions in the code for planning and design of urban residential area of the State.  
  Article 47 These Regulations shall come into effect as of March 1 2006.

 

 

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