Disturbing the peace

A disturbance of the peace (also: noise disturbance ) is the harassment of others by sound emissions.

In the tenement there are disturbing the peace of the term " low volume ". Further requirements are the lunch and a night's rest, as well as the Sunday rest. Duration disturbances go of transport ( road traffic noise, railway noise and aircraft noise ), recreational activities ( leisure noise ), religion ( church bells, speakers at some mosques ) and construction ( construction noise ) from.

How do you already see from the examples, the assessment will depend on a sound source as calm disturbing noise of the relationship with the corresponding sound event and is highly subjective in individual cases.

In addition to disturbing the peace by loud noise may also disturbing the peace by other events, such as light or mechanical effects give (eg vibrations).

Not under the concept falls the dead rest (disturbance of the peace of the dead includes primarily the integrity of the sepulcher ).

Noise as a way of avoiding noise pollution

Noise protection is achieved by:

  • Pollution control / abatement at source
  • Rules (regulations, laws) for which compliance is checked ( police authority, police) and is possibly sanctioned
  • Air: constructional noise abatement measures, such as double-glazed windows, soundproof wall and / or wall, ambient air quality standards
  • Personal measures, such as moving to a quiet area ( residential area ), ear plugs, headphones with anti-noise

Noise can cause stress ( distress ) and let people suffer.

Disturbance of the peace can not always be avoided ( construction work, house on a main road, stadiums, professional musicians in the neighborhood, pets, and others). Are particularly problematic restaurants that may have opened during the night. By nature, generate their visitors noise (doors, calls, car noise). Additionally, when you open the restaurant door penetrate to the outside noise.

Legal situation in Germany

Civil law

There may be a claim for injunctive relief under § 1004 BGB in conjunction with § 906 BGB arise.

Fine legal

For noise protection standards exist following sanctions:

  • § 117 OWiG - administrative offense, who excited noise without good reason or in an invalid or avoidable under the circumstances extent that is likely to annoy the community or the neighborhood or significantly harming the health of another. It is behavioral noise, for example, shouting, noise machines, vehicles, music of all kinds, etc. § 117 Administrative Offences Act in relation to other provisions subsidiary (for example, state law, local law).
  • Sunday and holiday laws of the countries
  • Immissionsschutzgesetze of countries
  • Machine Noise Regulation ( 32 BlmSchV )
  • Traffic Noise Ordinance ( 16 BlmSchV )
  • Certain municipalities have enacted ordinances in the context of local law relating to the lunch and sleep for example. In the city of Munich, for example, applies the house work and music noise regulation.
  • Road Traffic Regulations ( § 30 Highway Code )

Criminal

  • § 325a, Section 1 of the Criminal Code ( " causing noise, vibration and non-ionizing radiation ", here: by the operation of a plant )

Legal situation in Austria

  • § 1 Vienna State Security Law
  • § 81Vorlage: § / Maintenance / RIS Search Section 1 of the Security Police Act

Legal situation in Switzerland

The criminal law of the offense, based on the public space has been left to the cantons here. Tenancy law also refers in this respect to the House Rules and the Civil Code there is a provision in Article 684

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