addition to health problems related to the ubiquity of noise in our society, it is also the primary source of neighborhood disputes. That is why since 1995 the noise emissions are regulated and reprehensible, both before and after 22h. Some keys to understanding the legal framework ...
If the laws and regulations relating to noise are not a homogenous group, the noise law (Law No. 92-1444 of December 31, 1992) forms the basis of an overall text strengthening existing legislation. In terms of neighborhood noise regulations in force is defined by Articles R.1336-R.1336-6 to 10 of the Public Health Code and Article R.623-2 of the Penal Code. They define the legal framework for noise emissions as well as penalties for violators. Noise punishable meets certain criteria of abnormality, that is to say, it must exceed the drawbacks normal neighborhood by its repetitive nature, nature or volume. To be found and punished, the intensity of the noise need not be measured.
By law, everyone is responsible for the noise inherent in its own behaviors and those of people, animals or things which it is responsible. And animal noises, noises of tools, appliances and audiovisual equipment can be punished, if glib, aggressive or unwanted (noise is useless if the buzzer does not do everything possible to mitigate the inconvenience generated by its activity).
The specific regulations
Section 2212 to 2.2 ° of the General Local grants the mayor of a town police powers to fight against neighborhood noise and noise pollution. And regulations can vary from one municipality to another. For example, some municipalities prohibit the use of power tools (lawnmowers, drills ...) Sundays and public holidays. It is therefore vital for residents to learn about the steps taken by their municipality.
The penalty for the offense
The penalties for noise pollution are defined by articles R.1336-7 of the Code of public health nuisances diurnal and R.623-2 of the Penal Code regarding noise at night. However, by day or night the penalties are the same: a 3rd class ticket (450 euros more) and possibly confiscation of equipment causing the disorder. In addition, as part of a criminal or civil damages may be required. Similarly, people who knowingly facilitated the preparation or commission of the offense (if any drinking place) may sanctions identical.
Remedies
It is recommended to focus initially the settlement agreement. The victim may notify the discomfort wrongdoing by mail (LR / AR), seek a mediator through the trustee in the case of a condominium or resort to a conciliator. Otherwise, the victim can see the crime by an usher or a sworn officer. If agents do not move to the first call, it is important to file a handrail (statement of facts recorded on a police blotter) to the police to highlight the repetitive nature of the fault. Finally, a lawsuit can be initiated by the victim with findings and evidence in support. The procedure will be if a criminal complaint was filed with the prosecutor, otherwise it will be civil.
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