Publication details

Normotvorba obce na úseku ochrany před hlukem

Title in English Rule-making of municipality on noise protection
Authors

ŠVARCOVÁ Kateřina

Year of publication 2017
Type Article in Periodical
Magazine / Source České právo životního prostředí
MU Faculty or unit

Faculty of Law

Citation
Web Open access časopisu
Field Law sciences
Keywords Municipality; noise; public order; night rest; municipal ordinance; review algorithm - four-step test
Attached files
Description Noise constitutes a negative part of the natural sound environment, an accompanying phenomenon of developing civilization. Nuisances from noise and disturbing the night rest may disrupt public order or interfere with favorable environmental conditions. The subject of interest of this paper in the general level is how municipalities make rules on noise protection, with particular focus on the legislative change in regulating night rest in municipalities effective 01 October 2016 in confrontation with the previous regulation. The question is whether it brought about substantial changes as alleged by the media, and if not - what novelties in municipal noise regulation does it concern. The paper deals with conditions of exceptional cases when the hours of night rest are shorter or there are none as determined by municipal ordinance. Due to the comprehensive approach to municipal rule-making on noise protection, marginal attention is also paid to limiting the operating hours of restaurants, limiting work affiliated with noisy equipment and laying down conditions for publicly accessible events. These matters are analyzed by means of valid and effective legislation, numerous case studies and opinions of the professional public.
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