Under the bell 丨 Residents complained to the KTV singing and disturbing people test report next door shows that the noise is within the limit

Author:The official account of Xi'an Time:2022.07.27

Citizen reports:

"Every night, there are people singing next door. Generally, they have to sing until two or three in the morning, and sometimes even continue until 5 or 6 am, which makes people unbearable. When will this noise disturb?" Recently, citizens reported that ecology was ecological. Cuiping Bay Community (Phase I), No. 989 of the District Mining Road, the north side of Building No. 2 on the north side of KTV, due to improper sound insulation measures, long -term singing disturbing the people, which seriously affected the daily work and life of residents on the south side of the wall.

"Sound of Teana" KTV

Reporter survey:

At more than 10 o'clock on July 21, the reporter came downstairs at Cuipingwan District (Phase I), No. 989 of Mining Road. On the second floor of the shops outside the north gate of the community, the "Sound of Teana" KTV advertising sign is very eye -catching. At this time, the KTV gate is locked. Subsequently, the reporter came to Ms. Hang's house separated from the wall of KTV to understand the situation. "The living room at home and a bedroom shared a wall with KTV, and they were often quarreled overnight." Ms. Hang pointed to the living room. The two shared walls were about 12 meters long, about 4 meters high, and 2021 In August, KTV began to open, and their family of three began to suffer insomnia. I moved to another bedroom and still could not escape the impact of noise. Ms. Hang told reporters that they had negotiated with the person in charge of KTV many times, and also reported to the environmental protection department many times. They hoped that the other party could take sound insulation measures, but so far, the song is still noisy to sleep.

The reporter contacted Mr. Liu, the person in charge of KTV. He issued two test reports to the reporter and said that the house was rented from private hands, and the nature of the house was commercial use. Reconstruction, 2 sound insulation detection. "Because the epidemic is intermittent, we only officially opened in March this year. Because only this household with our partition wall, we reserved 8 cm distance from the partition in the later transformation, and then re -partitioned. These three rooms have been changed from operating rooms to warehouses. "The person in charge told reporters that KTV has done its best to do it to the greatest extent. The other party was rejected.

The reporter contacted the Xi'an Ecological and Environment Bureau Ecological Division. A staff member introduced that since he received a complaint of noise pollution from the masses in November last year, they went to the field to investigate many times, ordered KTV to rectify it to let them install sound insulation insulation insulation. Cotton, sound insulation boards, etc. are carried out noise, and refer to KTV to find a third party for testing and issuing test reports in March this year. At present, it has not exceeded the relevant standards of the noise limit. According to laws such as environmental noise pollution prevention and control, law enforcement departments cannot be punished. Ms. Hang's husband said that the testing data provided by a third party intended to complain to the regulatory authorities.

"Sometimes it is particularly noisy. I can only solve it by calling the police." Ms. Hang told reporters that the alarm could only solve the problem. Her core demand was to eliminate noise and a quiet and comfortable sleep environment.

The Cuiping Bay Community (Phase I) Building 2 has a total of 33 floors. The north side of the 3rd floor is commercial houses, and the south and above are residential. The reporter consulted relevant laws and policies to understand that opening KTV needs to apply for cultural business licenses.

Article 7 of the "Regulations on the Management of Entertainment Places" stipulates that entertainment venues shall not be established in residential buildings, museums, libraries, and buildings set as cultural protection units; the boundaries of entertainment venues shall meet the environmental noise standards stipulated by the state. However, the person in charge of KTV Liu showed reporters to reporters the "Entertainment Business License" issued by the Administrative Examination and Approval Service Bureau of the Qiaoqiao District. The first certificate was issued on June 21, 2022.

The reporter called the administrative examination and approval of the Administrative Examination and Approval Service Bureau of Qiqiao District. The staff said that the KTV side showed the procedures of the house's non -active property rights at the time. This certificate is reasonable and legal. "Can the bottom merchants downstairs be opened? We checked on the spot and found that the elevator to the KTV could not go to any resident's house, and asked the Municipal Cultural Tourism Bureau." The staff member told reporters that " The content stipulated in Article 7 of the Entertainment Estate Management Regulations requires consulting professionals to reply to reporters afterwards.

The reporter consulted Wang Yizhen, a lawyer of Shaanxi Xuanju Law Firm and Wang Sen, a lawyer of Shaanxi Yaoxuan Law Firm. Wang Yizhen believes that it is not appropriate to say that the building is pure house or commercial housing, and the "residential building" mentioned in Article 7 of the "Regulations on the Management of Entertainment Place" is a pure house; The form of a founder is more common. One is to facilitate the daily life needs of residents, and the other is to increase the commercial value of the project plot. The incident did not run through the bottom floor, but at the bottom edge of the residential floor, but since the dealer can be regarded as a residential building for a business industry.

The two lawyers suggested that if the residents have doubts about the testing data, they can submit reconsideration to the higher -level environmental protection department. The application shall be inspected by the competent department to designate a third -party testing company, or directly submit an administrative lawsuit to the court for testing. If you want to revoke the "Entertainment Business License" issued by the competent authority, the community industry committee will need to file an administrative lawsuit with the court.

Supply: Text/Figure Xi'an Newspaper All Media Reporter Chen Jing intern Cheng Xiao

Edit: Marshmallow | Review: Siyuan

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