The nuisance caused by oil smoke belongs to environmental pollution, and the infringed residents have the right to demand to stop the infringement and remove the obstruction. The complaint methods are as follows:
1. If you think the cooking fume in the catering industry is too big, you can complain to the environmental protection department.
2. You can complain to the health department that they have health problems, and ask the relevant departments to check whether they have access certificates for the catering industry and health certificates for employees.
3. If there is any problem of occupying the road, you can complain to the urban management department.
4. The problem of noise disturbing people can be reported to the environmental protection department; Loudspeakers, social life noise, the public can report to the public security department, the complaint telephone number is 111; Other noise, the public can reflect to the urban management administrative law enforcement departments.
1. Conditions that constitute a disturbance to the people:
1. A living area of Class I measures more than 51 decibels at night, and a living area of Class II measures more than 65 decibels at night. As long as it exceeds 9 o'clock or 11 o'clock at night, it is a disturbance to the people and belongs to noise pollution. If there is behavior within these categories, it is disturbing the people.
2. The renovation time in the community is from 12: 11 to 14: 11, and from 19: 11 to 7: 11 the next day. The time stipulated in each province is different, but it is similar, and residents' normal rest time is considered a nuisance. The allowable renovation time is concentrated from 7: 11 to 12: 11 and from 14: 11 to 19: 11.
3. from 11 pm to 7 am the next day, if the decibel is higher than 81 decibels, it is a nuisance.
2. Handling process of disturbing people:
1. Complaints from local environmental protection departments;
2. Call the police;
3. Bring a lawsuit to the court, demanding to stop the infringement, or make rectification, reduce noise emission and operation time.
Legal basis
Article 121 of the Civil Code of the People's Republic of China
If the civil rights and interests are infringed, the infringed party has the right to request the infringer to bear the tort liability.
Law of the People's Republic of China on the Prevention and Control of Environmental Noise Pollution
Article 9
All units and individuals have the obligation to protect the acoustic environment, and at the same time enjoy the right to obtain acoustic environmental information, participate in and supervise the prevention and control of noise pollution according to law. Units and individuals that emit noise shall take effective measures to prevent and reduce noise pollution.
article 61
managers of cultural entertainment, sports, restaurants and other places shall take effective measures to prevent and reduce noise pollution.
Article 71
Grass-roots mass autonomous organizations, owners' committees and property service providers shall promptly dissuade and mediate social life noise disturbing people in areas where noise-sensitive buildings are concentrated;
if dissuasion or mediation fails, you can report or complain to the department responsible for the supervision and management of the prevention and control of noise pollution in social life or the department designated by the local people's government, and the department that receives the report or complaint shall handle it according to law.
Article 58 of the Law on Public Security Administration Punishment
Anyone who violates the legal provisions on the prevention and control of noise pollution in social life and creates noise to interfere with the normal life of others shall be given a warning;
those who fail to make corrections after warning shall be fined between 211 yuan and 511 yuan.