(Promulgated by Decree No. 94 of Shanghai Municipal People's Government on December 5, 2012; amended by Decree No. 19 of Shanghai Municipal People's Government on January 26, 2025)
Article 1 (Purposes and Basis)
With a view to preventing and controlling pollution by noise of social activities, and protecting and improving the living environment, these Measures are formulated in accordance with the Law of the People's Republic of China on Noise Pollution Prevention and Control, the Public Security Administration Punishments Law of the People's Republic of China and the relevant laws and rules, and in the light of the actual circumstances of this Municipality.
Article 2 (Application Scope)
These Measures apply to the prevention and control of pollution by noise of social activities in the administrative area of this Municipality.
Article 3 (Supervision Department)
The municipal and district administrative departments of ecology and environment shall be responsible for the supervision and management of the prevention and control of pollution by noise of social activities in their respective administrative areas.
The public security organ shall, in accordance with its statutory duties, impose administrative penalties on the social acts that make noise to disturb others’ normal life.
The relevant municipal departments of planning and resources, housing and urban-rural development, market regulation, culture and tourism, urban management and law enforcement, education, sports, landscaping and city appearance shall, in accordance with their respective duties and the provisions of these Measures, cooperate to implement these Measures.
Article 4 (Requirements on the Control of Noise Source)
When drawing up urban and rural plans, the municipal and district administrative departments of planning and resources shall, based on the impact of various noises of social activities on neighborhood environment, rationally determine the plan layout.
When drawing up the norms of building designs, the municipal administrative department of housing and urban-rural development shall determine the requirements on noise insulation for noise-sensitive structures. In the acceptance check of noise-sensitive structures, the fulfillment of the requirements on noise insulation shall be taken as one of the checking items.
Article 5 (Control of Business Activities Easily Causing Noise Pollution)
In the area where noise-sensitive structures concentrate, business activities easily causing noise pollution, such as metal cutting, stone and wood processing shall be prohibited.
Singing and dancing entertainment centers, such as the Karaoke that easily causes noise pollution shall not be placed within residential buildings and their supporting commercial buildings, commercial/residential complex buildings, or around schools, hospitals, government organs.
Article 6 (Prevention and Control of Noise from Relevant Facilities in Business Activities)
It is prohibited to use high pitched loudspeakers or other methods that continuously emit high noise for advertising and promotion in commercial activities.
In the area where noise-sensitive structures concentrate, commercial promotions that might produce noise pollution shall be prohibited. In the case of commercial promotions in other places where sound appliances are used to cause noise that affects neighborhood residents' lives, the local department of public security shall order them to take noise control measures.
When using such equipment and facilities that may produce noise pollution in business activities as cooling tower, exhaust blower, electric generator, water pump, air compressor, or air-conditioner, the operators and managers shall take effective measures to prevent and control the noise, so as to keep the noise below the limits set by the State on emission of environmental noise of social activities.
Article 7 (General Requirements on the Control of Noise at Public Places)
From 10 pm to 6 am the next day and at parks, public green spaces, squares, streets (including big and small lanes not within the area of property management) that are adjacent to noise-sensitive structures, using musical instruments or sound appliances for physical exercises and entertainment activities shall be prohibited so as not to disturb others' normal lives.
During the times other than is specified in the preceding Clause, no sound appliances with an external loudspeaker set shall be used for doing physical exercises and entertainment activities at the above-mentioned places so as not to disturb others' normal lives. Except for cultural performances and other activities approved by relevant departments such as cultural and tourism department and public security organ in accordance with relevant national provisions.
Article 8 (Requirements on the Control of Noise at Particular Public Places)
In the case of parks with prominent noise pollution produced by physical exercises and entertainment activities, the park managers may, jointly with the town/township people's governments or sub-district offices, under the guidance of the district administrative departments of ecology and environment and public security, organize the organizers, participants of physical exercises and entertainment activities, and those who suffer from the noise to draw up an agreement on the control of noise at parks; efforts, such as rationally dividing activity areas, staggering activity periods, limiting noise levels, shall be made so as not to disturb the neighborhood living environment. When necessary, park managers may adjust the layout of the parks according to law and install such facilities as noise barriers, and noise level monitor.
In public green spaces, squares, streets and the particular public spaces with prominent noise pollution produced by physical exercises and entertainment activities, the local town/township people's governments and sub-district offices may, under the guidance of the district administrative departments of ecology and environment and public security, organize the organizers and participants of physical exercises and entertainment activities, and those who suffer from the noise to draw up an agreement on the control of noise to rationally limit the activity area, scale and noise level.
The organizers and participants of physical exercises and entertainment activities shall observe the requirements by the noise control agreement. In case of violation, the public security organ may take it as one of the bases for judging disturbance of others' normal lives.
Article 9 (Prevention and Control of Noise from the Vehicle's Anti-theft Alarm Device)
Within the area where the noise-sensitive structures concentrate, after the vehicle's anti-theft alarm device gives a warning hoot, the user of the vehicle shall handle it in a timely manner to avoid disturbing the neighborhood living environment.
Article 10 (Prevention and Control of Noise from Shared Facilities and Equipment in Residential Quarter)
For the installation of shared facilities and equipment such as water supply, drainage, heating, power supply, central air conditioning, elevators, ventilation, etc. in residential quarter, the development unit shall reasonably set them up, take measures to reduce vibration and noise, and comply with the relevant standards for sound insulation design of civil buildings.
When selling newly-built residential buildings, the real estate developer shall clearly mark out, in the sales contract, the noise pollution source of shared facilities and equipment and the supporting commercial houses in the residential quarters, and the prevention and control situation thereof; if there are noise sources in adjacent buildings that may affect the residential quarters, they shall also be marked out.
The shared facilities and equipment such as water supply, drainage, heating, power supply, central air conditioning, elevators, ventilation, etc. in existing residential quarters shall be maintained and managed by the owners and professional operating units thereof, and shall reach the relevant standards for sound insulation design of civil buildings.
The noise emitted by shared facilities and equipment in existing residential quarters does not meet the social living environment noise emission standards, the owners and professional operating units thereof shall take effective measures to control it. The administrative departments of ecology and environment, housing management shall strengthen the guidance and supervision over the prevention and control of noise from shared facilities and equipment in the residential quarters.
The situation of the prevention and control of noise pollution in residential quarters shall be incorporated into the system for model residential quarter evaluation.
Article 11 (Prevention and Control of Noise from Indoor Entertainment Activities and Pets)
Whoever uses household appliances or musical instruments or holds other indoor entertainment activities shall keep the sound volume under control or take other effective measures to avoid producing noise to disturb others' normal lives.
The pet owner or the person taking care of the pet shall take effective measures to prevent noise by the pet from disturbing others' normal lives.
Those who suffer from the noise may report the case to the property owners' committee or the property services company, and the latter shall coordinate and handle the complaint according to the property owner’s management protocol of the residential quarters.
Article 12 (Prevention and Control of Noise from Decoration and Refitting)
From 6 pm to 8 am the next day and during the whole day of public holidays (not including weekends), decoration and refitting that produce noise shall be prohibited in a residential building that is already completed in construction and delivered for use. Whoever makes decoration and refitting at any other times shall take measures to prevent and control noise and avoid disturbing others' normal lives.
The property owner's management protocol of the residential quarters may, in the light of the actual circumstances, provide a stricter time for decoration and refitting than is provided by the preceding Clause.
Article 13 (Prevention and Control of Noise Pollution from A School)
A school within the area where noise-sensitive structures concentrate shall not use the sound appliances that produce loud noise. The municipal department of ecology and environment shall, jointly with the municipal department of education, provide guidance for schools in using sound appliances.
Article 14 (Dissuasion, Mediation, and Complaints)
Residents' (village) committees, owners' committees, and property service enterprises shall promptly dissuade and mediate social noise disturbance in areas where noise sensitive buildings are concentrated. If dissuasion or mediation is ineffective, a report or complaint may be made to the ecology and environment departments, public security organs, or other departments responsible for the supervision and management of social noise pollution prevention and control. The department receiving the report or complaint shall handle it in accordance with the law.
Article 15 (Urban Inspectors' Inspection)
Where the urban management and law enforcement department finds any acts in violation of these Measures by the operators and managers of shops along streets or by the organizers and participants of the physical exercises and entertainment activities in public places, the department shall dissuade the wrongdoer in a timely manner; where the wrongdoer disregards the dissuasion, it shall be reported to the public security organ for handling.
Article 16 (Supervision and Inspection)
Departments responsible for the supervision and management of social noise pollution prevention and control, such as ecology and environment departments and public security organs shall have the right to carry out on-the-spot supervision and inspection of the place where the noise by social activities comes from. The unit under supervision and inspection shall be cooperative and truthfully report the situation of the prevention and control of noise pollution, and provide necessary documents.
Article 17 (Provisions on Administrative Penalties by the Ecology and Environment Department)
Where anyone commits any of the following acts in violation of these Measures, the ecology and environment department shall order the wrongdoer to make rectifications within a prescribed time limit, and impose punishment according to the following provisions:
1. For the act violating the provisions of Clause 1 of Article 5 of these Measures, conducting business activities such as metal cutting, stone and wood processing, in the area where noise-sensitive structures concentrate, a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed.
2. For the act violating the provisions of Clause 3 of Article 6 of these Measures, using facilities and equipment for business activities, of which the boundary noise exceeds the limits set by the State on emission of environmental noise of social activities, punishment shall be given according to the relevant provisions of the Law of the People’s Republic of China on Prevention and Control of Pollution Noise.
Article 18 (Provisions on Administrative Penalties by the Public Security Organ)
Where anyone commits any of the following acts in violation of these Measures, the public security organ shall handle according to the relevant provisions of the Law of the People's Republic of China on Prevention and Control of Pollution Noise:
1. in violation of the provisions of Clause 1 of Article 6 of these Measures, using high pitched loudspeakers or other methods that continuously emit high noise for advertising and promotion in commercial activities;
2. in violation of the provisions of Article 7 of these Measures, doing physical exercises and entertainment activities by using musical instruments or sound appliances in a forbidden time period, or using sound appliances with an external loudspeaker set in physical exercises and entertainment activities;
3. in violation of the provisions of Clause 1 of Article 12 of these Measures, presence of residents' complaints about noise disturbances together with verification by the residents' committee, the property owners' committee or the property services company, or other evidences verifying that the noise has disturbed others' normal lives.
Article 19 (Other Administrative Penalty Provisions)
Other behaviors that violate the provisions of these Measures shall be handled by relevant departments in accordance with their respective responsibilities and the provisions of relevant laws and regulations such as the Law of the People's Republic of China on Noise Pollution Prevention and Control.
Article 20 (Liability for Tort)
Any unit or individual suffering from social-activity noise pollution shall have the right to demand the polluter to stop the tort, eliminate the hazards, obviate the impediment, or compensate for the losses. The party concerned may file a lawsuit with the People's Court for the acts infringing upon their legitimate rights and interests.
Article 21 (Administrative Liability)
If departments and their staff responsible for the supervision and management of social noise pollution prevention and control, such as ecology and environment departments and public security organs, abuse their power, neglect their duties, and engage in favoritism and fraud, the directly responsible supervisors and other directly responsible personnel shall be punished in accordance with the law.
Article 22 (Effective Date)
These Measures shall be effective as of March 1, 2013. The Measures of Shanghai Municipality on the Control and Management of Pollution by Noise of Fixed Source promulgated by Shanghai Municipal People's Government on February 25, 1986 shall be repealed at the same time.