"Property Management Ordinance " and other laws and regulations as well as the community "management convention" are not required to dance in the district square dance .
1, for the management of square dance noise, property law, "property management regulations" and other laws and regulations, as well as the district "management convention" does not stipulate that the district can not dance square dance, the property company can only persuade, stop, have no right to ban.
2, if the owner in the exercise of rights in the process, causing nuisance to others, should be held legally responsible, which is the civil law of neighboring rights; if it belongs to the public **** space, then it should be by all the owners *** with the development of the management rules, and by the property management company is responsible for the implementation. Now the question is, the place where the dispute arose, whether it belongs to the government department management of the square, or belongs to the owners' committee entrusted to the property management company management of the square.
3, if it belongs to the government department management of the area, the government department should step in to maintain order; if it belongs to the property management company management of the small square or residential plaza, then the property management company should consult the majority of the owners.
4, the solution to this problem is to adhere to two major principles:
The first is the principle of community self-governance, by the community residents to develop management rules, to determine whether or not you can dance in the community, how to dance in the square dance, what time period can be danced;
The second should be authorized to implement the management of the property management company, if the property management company involves the management process of the civil Basic rights, the need for civilian police intervention, the police should be asked to intervene to violate the provisions of the Public Security Administration Punishment Law, the perpetrators of punishment.
Related content explanation:
Noise nuisance, environmental noise pollution prevention and control law, the law of public security management punishment have relevant provisions. However, it seems that in reality there are few cases where square dancers have been stopped and penalized. In the protection of people dancing fitness rights at the same time, the relevant parties should also strengthen law enforcement, timely stop illegal, uncivilized behavior, so that illegal, violators of administrative and civil liability, so that the people's right to rest to be protected.
Square dance nuisance also involves public **** cultural services. The reason why the square dance is disturbing the people, is because of the relatively few places engaged in public **** cultural services, community residents lack of space for activities. Public **** cultural services to ensure the existence of the biggest problem is not public **** cultural services facilities are not enough, but the fragmentation of each side of the problem, is the problem of management is not in place.