Drill for Olfoerder areas at night
Noises that are caused by activities by private individuals in the neighborhood and have a disruptive or annoying effect are referred to as neighborhood noise. This includes, for example, loud music, DIY work in the apartment or in the garden or the operation of vehicles on private property.
If there is a nuisance or disruption, the person who caused it is always the first point of contact. As a tenant, you can also contact the landlord. The next contact person is the responsible regulatory authority or the police.
According to Section 117 of the Law on Regulatory Offenses (OWiG), an administrative offense is committed by anyone who makes noise without justified cause or to an inadmissible or, under the circumstances, avoidable extent that is likely to cause considerable nuisance to the general public or the neighborhood or to harm the health of another . Section 117 OWiG covers behavior-related noise, i.e. the noise that is generated by a person or the noise that is "controlled" by a person. Violations justify the intervention of the police and, in the event of a violation of criminal provisions, the public prosecutor's office.
Section 117 OWiG applies to all types of noise, e.g. for nocturnal shouting as well as for technical systems, vehicles, music devices and making music, etc. It is therefore a catch-all offense. The police must investigate administrative offenses according to their dutiful discretion and take all orders that cannot be postponed. (Section 53 (1) OWiG). The prosecution and punishment of administrative offenses is the responsibility of the administrative authorities (Section 35 (1) OWiG).
Under civil law, injunctive relief can be asserted via the German Civil Code (BGB) from Section 1004 in conjunction with Section 906 BGB. A claim for injunctive relief according to § 1004 BGB is given if another property is significantly impaired. Section 906 of the German Civil Code (BGB) is linked to limit and guide values in laws, ordinances and general administrative regulations. If these noise levels are exceeded, it is generally assumed that there is a significant immission and thus considerable noise pollution and an injunction.
For the operation of devices and machines, the regulations of the thirty-second ordinance for the implementation of the Federal Immission Control Act (32nd BImSchV) (device and machine noise protection ordinance) must also be observed. The 32nd BImSchV implements the EC directive on the harmonization of the legal provisions of the member states on environmentally harmful noise emissions from devices and machines intended for use outdoors (EC directive 2000/14 / EC) into German law and applies to a total of 57 gardening and construction projects - and municipal equipment. For example for brush cutters, portable chain saws, street sweepers, hedge trimmers, lawn trimmers, lawn edging cutters, leaf blowers, leaf collectors, tillers (<3 kW), scarifiers, shredders etc.
The Equipment and Machine Noise Protection Ordinance specifies operating times for pure, general or special residential areas as well as in recreation, spa and clinic areas. On weekdays from 7:00 a.m. to 8:00 p.m. you can mow, scarify, drill holes or use a chain saw. A midday rest is no longer to be observed, unless there are municipal statutes with regulations on midday rest. This applies to pure, general or special residential areas as well as in recreation, spa and clinic areas. There are no time restrictions during the day in mixed, commercial or industrial areas.
There are different regulations for brush cutters, grass trimmers or grass edge cutters, leaf blowers or leaf collectors. These may only be operated in residential and spa / clinic areas on working days from 9:00 a.m. to 1:00 p.m. and from 3:00 p.m. to 5:00 p.m. The only exception to this is if the device bears the environmental label in accordance with Regulation No. 1980/2000 of the European Parliament. Further regulations on Sundays and public holidays remain unaffected, i.e. the devices must not be used on these days.
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