What should I do if the billboard in my community is too bright?
⑴The bright lights of the billboard affect my life. Can I apply for removal?
Light pollution is a new source of environmental pollution after waste gas, waste water, waste residue and noise pollution. It mainly includes white light pollution, Artificial daytime pollution and colored light pollution. Light pollution is threatening people's health. In daily life, common light pollution conditions are mostly the dizziness of pedestrians and drivers caused by the reflection of mirrored buildings, and the discomfort caused by unreasonable lighting at night to the human body.
Netizen consultation:
The billboard is too bright and affects my life. Can I apply to have it removed?
Lawyer’s answer:
Yes.
If the owner uses the common parts such as the roof and the exterior walls corresponding to the exclusive parts for free based on the reasonable needs for the specific use functions of the exclusive parts such as residences and commercial buildings, it shall not be deemed as infringement. However, violations of laws, regulations, management rules, and damage to the legitimate rights and interests of others are excluded. When billboards affect the daily lives of residents, from the perspective of property law, it is a neighbor relationship dispute. The so-called adjacent relationship refers to the situation that occurs when the owners or users of two or more adjacent real estates exercise ownership or use rights of the real estate in accordance with legal provisions because the adjacent parties should provide convenience and accept restrictions. relationship of rights and obligations. The freedom of conduct of adjacent rights holders should be limited to not infringing upon the legitimate rights and interests of others.
The lawyer added:
If the infringer causes damage to others due to environmental pollution or ecological damage, the infringer shall bear tort liability.
Light pollution can interfere with sleep cycles: Excessive light sources in the urban sky lead to light pollution, which can interfere with your circadian rhythm. Streetlights from your neighbor's backyard may wake you suddenly from your sleep, and the constant illumination from nearby commercial parking lots and streetlights can also disrupt normal sleep patterns. This disruption affects not only humans but also the circadian rhythms of other animals, especially migratory birds and animals that forage at night. Plants are not immune to the raging light pollution. Lighting at night disrupts the circadian rhythm of plants and hinders their normal development, growth and reproduction.
【Legal Basis】
《Civil Code》
Article 1,229 If harm is caused to others by polluting the environment or destroying the ecology, the infringer shall bear tort liability.
Article 1,230 When a dispute arises due to environmental pollution or ecological damage, the perpetrator shall bear the burden of proof for the circumstances stipulated in the law that exclude liability or reduce liability and that there is no causal relationship between the act and the damage. .
Netizen consultation:
The billboard is too bright and affects my life. Can I apply to have it removed?
Lawyer’s answer:
Yes.
If the owner uses the common parts such as the roof and the exterior walls corresponding to the exclusive parts for free based on the reasonable needs for the specific use functions of the exclusive parts such as residences and commercial buildings, it shall not be deemed as infringement. However, violations of laws, regulations, management rules, and damage to the legitimate rights and interests of others are excluded. When billboards affect the daily lives of residents, from the perspective of property law, it is a neighbor relationship dispute. The so-called adjacent relationship refers to the situation that occurs when the owners or users of two or more adjacent real estates exercise ownership or use rights of the real estate in accordance with legal provisions because the adjacent parties should provide convenience and accept restrictions. relationship of rights and obligations. The freedom of conduct of adjacent rights holders should be limited to not infringing upon the legitimate rights and interests of others.
The lawyer added:
If the infringer causes damage to others due to environmental pollution or ecological damage, the infringer shall bear tort liability.
Light pollution can interfere with sleep cycles: Excessive light sources in the urban sky lead to light pollution, which can interfere with your circadian rhythm. Streetlights from your neighbor's backyard may wake you suddenly from your sleep, and the constant illumination from nearby commercial parking lots and streetlights can also disrupt normal sleep patterns. This disruption affects not only humans but also the circadian rhythms of other animals, especially migratory birds and animals that forage at night. Plants are not immune to the raging light pollution. Lighting at night disrupts the circadian rhythm of plants and hinders their normal development, growth and reproduction.
【Legal Basis】
《Civil Code》
Article 1,229 If harm is caused to others by polluting the environment or destroying the ecology, the infringer shall bear tort liability.
Article 1,230 When a dispute arises due to environmental pollution or ecological damage, the perpetrator shall bear the burden of proof for the circumstances stipulated in the law that exclude liability or reduce liability and that there is no causal relationship between the act and the damage. .
Whether billboard lights being turned on at night is considered a nuisance
Whether billboard lights being turned on at night is a nuisance depends on the specific circumstances. If the intensity and duration of the billboard's light brightness do not interfere with the normal life of surrounding residents and do not affect their rest and work, then it is not considered a nuisance. However, if the brightness of the billboard is too high and lasts too long, causing obvious interference to the normal life of surrounding residents and affecting their rest and work, then it can be considered a nuisance.
To sum up, whether billboard lights are disturbing residents at night requires compre hensive consideration of multiple factors, including light brightness, duration, and impact on surrounding residents. If the billboard lights cause significant interference to the normal life of surrounding residents and affect their rest and work, corresponding measures should be taken, such as adjusting the brightness of the lights, shortening the duration, etc., to reduce the impact on surrounding residents.
[Legal Basis]:
The "Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution" stipulates that in areas where noise-sensitive buildings are concentrated in urban areas, environmental noise pollution caused by the use of fixed equipment in commercial business activities Commercial enterprises must, in accordance with the regulations of the ecology and environment department of the State Council, declare to the ecology and environment department of the local people's government at or above the county level where they are located the status of the equipment that causes environmental noise pollution and the facilities for pre venting and controlling environmental noise pollution. Article 61 of the Law stipulates: "Units and individuals who are harmed by environmental noise pollution have the right to require the perpetrators to eliminate the harm; if losses are caused, they shall compensate for the losses in accordance with the law."
The Property Law of the People's Republic of China stipulates that real estate Rights holders may not dispose of solid waste in violation of national regulations or emit air pollutants, water pollutants, noise, optical radiation, electromagnetic radiation and other harmful substances.
Whether billboard lights being turned on at night is a nuisance depends on the specific circumstances. If the intensity and duration of the billboard's light brightness do not interfere with the normal life of surrounding residents and do not affect their rest and work, then it is not considered a nuisance. However, if the brightness of the billboard is too high and lasts too long, causing obvious interference to the normal life of surrounding residents and affecting their rest and work, then it can be considered a nuisance.
To sum up, whether billboard lights are disturbing residents at night requires compre hensive consideration of multiple factors, including light brightness, duration, and impact on surrounding residents. If the billboard lights cause significant interference to the normal life of surrounding residents and affect their rest and work, corresponding measures should be taken, such as adjusting the brightness of the lights, shortening the duration, etc., to reduce the impact on surrounding residents.
[Legal Basis]:
The "Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution" stipulates that in areas where noise-sensitive buildings are concentrated in urban areas, environmental noise pollution caused by the use of fixed equipment in commercial business activities Commercial enterprises must, in accordance with the regulations of the ecology and environment department of the State Council, declare to the ecology and environment department of the local people's government at or above the county level where they are located the status of the equipment that causes environmental noise pollution and the facilities for pre venting and controlling environmental noise pollution. Article 61 of the Law stipulates: "Units and individuals who are harmed by environmental noise pollution have the right to require the perpetrators to eliminate the harm; if losses are caused, they shall compensate for the losses in accordance with the law."
The Property Law of the People's Republic of China stipulates that real estate Rights holders may not dispose of solid waste in violation of national regulations or emit air pollutants, water pollutants, noise, optical radiation, electromagnetic radiation and other harmful substances.