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Music distribution and neighborhood noise

Written by Administrator Sunday, 10 July 2011 06:04

Music distribution and neighborhood noise

Decree No. 2006-1099 of 31 August 2006 on the fight against neighborhood noise, amending the Decree of 4/18/05.

Under the Noise Act 1992, the Public Health Code (Decree No. 95-408 of 18/04/95 revised by Decree No. 2006-1099 of 31 August 2006) provides that any person who has been to origin by itself or through a person, a thing she has custody, or an animal under his direction, a noise which would affect the tranquility of the neighborhood its duration, its repetition or intensity, is liable to a third-class ticket.

The finding of this noise measurement is done without sound and without there necessarily fault on the part of him that is causing the noise. The identification of an offense thus requires an investigation to provide for acoustic sound level meters.

These regulations introduced for the first time the notion of noise during the day, thus establishing a parallel with that of disturbing the peace, defined by the Penal Code.

- In short, neighborhood noise regulations:

• applies to neighborhood noise abnormal (musical instruments, crafts, gardening, animals, individual equipment etc.). Without imposing measurement noise and creates a ticket for daytime noise fined.

• suppresses any noise from an activity, sport or recreational (bar, restaurant, music distribution, carpentry, garage, supermarkets, bakery, fair, motocross, clay pigeon shooting, flying clubs, ...)

• Penalties are incurred only when there are exceeded permissible limits of the emergence (sound level difference between the situation with the particular noise and complained of the noise situation without this particular noise)

• Specifies the notion of emergence and the values ​​of emergence eligible

- These regulations apply include:

• A dissemination outdoor musical The thresholds under this regulation is physically impossible to achieve when we proceed with the open-air music distribution, consideration is being conducted in the work of the National Council noise, the development of specific regulations.

• A music distribution in enclosed places or establishments open to the public and local broadcasting as usual amplified music, which are within the scope of the decree of Decree No. 98-1143 of 15 December 1998, are also affected by regulating domestic noise. Decree of 15/12/98 part indeed in a complex body of law, co-existing with several texts, including the regulation of neighborhood noise.

For the record, all institutions within the scope of the 1998 decree should make arrangements (to be described in the study of the impact) to limit emergence to different values ​​depending on whether:

the property is adjacent to a dwelling: the maximum values ​​of emergence can not be greater than 3 dB in the standard octave 125 Hz to 4000 Hz (Decree of 1998)

the facility is not adjacent to a dwelling: the rise overall can not exceed 5 decibels above the ambient noise between 7 am and 22 pm and 22 decibels of 3 pm to 7 am with a weight that can increase the threshold of 9 dB depending on the duration of the nuisance (Decree of 1995 as amended)

It is complex to present to the places playing music amplified a uniform view of their obligations.

While these sites are complying with the decree of 1998, there is nothing to see their liability at issue, or even criminal on the basis of neighborhood noise and R .623-2 section of the Criminal Code (noise night).

| The decree on the fight against neighborhood noise has been amended and is now replaced by Decree No. 2006-1099 of 31.08.06 |

Under the new regulations:

For noise from operations, the threshold at which the offense may be found is increased to 25 dB (A) when the measurement noise is carried out within the main rooms of all residential housing, windows open or closed. It remains to 30dB (A) for other cases.

The decree of 1995 proposed that the offense is not made when the ambient noise level measured was less than 30 dB (A). There was no distinction between the sounds and noises activities of individuals. Now there lowering the threshold at which the offense can be established only for the noise from the activities. In addition, measures for determining the threshold in question are made more stringent because windows open or closed.

We can now search the emergence of noise in two ways: 1 - either by searching the global emergence, provided only that the 1995 decree. 2 - or seeking the emergence spectral standard octave bands (125, 250, 500, 1000, 2000 and 4000 Hz), which is new (note: applicable provisions from 1 July 2007). • The emergence overall: Like the 1995 decree, the limits of the emergence is 5 dB (A) during the day (from 7:00 to 10:00 p.m.) and 3 dB (A) at night (from 10:00 p.m. to 7:00), values ​​plus a correction term in dB (A), based on the cumulative duration of appearance of specific noise. If the limits are the same as those provided by the decree of 1995, adjustments have been changed: a group of correction terms (7 instead of 10 previously) and a decrease in the same terms for low cumulative durations of appearance of specific noise were made.

The purpose of government is to consider the harmful effects of noise emitted infrequently, but still annoying, especially at night. (Response to the proposal of the NBC 2 report "Solutions for better living") IMPORTANT: For live performance, it remains the same correction terms:

3-term fix for a performance lasting between 20 min and 2 h (limit values ​​rise of 8 dB (A) during the day and 6 dB (A) at night)

two-term fix for a performance lasting between 2 and 4 h (limit values ​​emergence of 7 dB (A) during the day and 5 dB (A) at night)

• the emergence spectral research of the emerging spectrum, new, effective on 01/07/2007, is by standard octave bands (125, 250, 500, 1000, 2000 and 4000 Hz).

Measuring the emergence octave band can take into account the overall noise of low intensity, but with a reduced frequency range emerges enough to be annoying.

The argument of government: complaints are often related to sources such as chillers, fans, air conditioners, etc.. But these noises, usually clearly troublesome, were not punishable under the decree of 1995 (response to the proposal of the NBC 3 report "Solutions for Living")

Increased penalties for activities now providing a fine of the fifth class (1,500 euros or less) if the limit values ​​of the emerging global or emerging spectrum. The sounds associated with particular contravention are liable to a third class (450 euros maximum).