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BUSAN METROPOLITAN CITY ORDINANCE ON NOISE AND VIIBRATION CONTROL

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BUSAN METROPOLITAN CITY ORDINANCE ON NOISE AND VIIBRATION CONTROL

Enforcement Date: Apr. 16, 2025

Enacted by Busan Metropolitan City Ordinance No. 7588, Apr. 16, 2025
Busan Metropolitan City (Environmental Policy Division)

• ●Article 1 (Purpose)

• ●The purpose of this Ordinance is to prescribe necessary matters for the proper control of noise and vibration under the Noise and Vibration Control Act, thereby enabling citizens to live in a quiet and peaceful environment.

• ●Article 2 (Definitions)

• ●The definitions of terms used in this Ordinance shall be as prescribed in Article 2 of the Noise and Vibration Control Act (hereinafter referred to as the “Act”).

• ●Article 3 (Responsibilities of the Mayor)

• ●(1) The Mayor of Busan Metropolitan City (hereinafter referred to as the “Mayor”) shall establish and implement noise and vibration control policies consistent with national policies and suited to the regional characteristics of Busan Metropolitan City (hereinafter referred to as the “City”).

• ●(2) The Mayor shall cooperate with autonomous Gu/Gun, stakeholders, and experts to prevent noise and vibration damage to residents.

• ●Article 4 (Responsibilities of citizens)

• ●(1) Citizens shall endeavor to practice noise and vibration reduction so that their neighbors may live in a peaceful environment.

• ●(2) Citizens shall make efforts to actively participate in the noise and vibration control policies promoted by the City.

• ●Article 5 (Formulation of Implementation Plan)

• ●(1) The Mayor shall formulate an implementation plan of Busan Metropolitan City for controlling noise and vibration (hereinafter referred to as the “Implementation Plan”) in accordance with the comprehensive plan for noise and vibration control under Article 2-3 of the Act and the annual Implementation Plan of the relevant central administrative agencies.

• ●(2) The Implementation Plan shall include the following matters:

• ○1. Objectives and basic directions of the Implementation Plan;

• ○2. Measures to appropriately control noise and vibration;

• ○3. The implementation status of measures to reduce noise and vibration by area;

• ○4. Other matters necessary to reduce noise and vibration.

• ●(3) The Mayor may, if necessary, hold public hearings or other meetings to hear opinions from relevant experts and local residents when formulating the Implementation Plan.

• ●(4) The Mayor may require the head of Gu/Gun and relevant agencies to reflect the Implementation Plan in their work or to submit data on implementation results and other related matters.

• ●(5) The Mayor may, if necessary, request professional institutions to conduct research or analysis to evaluate the performance of the Implementation Plan.

• ●Article 6 (Regular measurement)

• ●(1) The Mayor shall set up a monitoring network and conduct regular measurements to understand the actual conditions of noise and vibration within the jurisdiction.

• ●(2) The Mayor shall determine, publicly notify, and disclose the installation plan for the monitoring network specifying its location, scope, and area. This provision shall also apply in cases where the plan is modified.

• ●Article 7 (Drawing-up of noise maps)

• ●(1) The Mayor may, if necessary, Draw-up noise maps indicating the distribution of noise in certain areas to properly manage noise generated by transportation facilities.

• ●(2) The Mayor may disclose a noise map on the City’s website, etc. once it has been drawn up under paragraph (1).

• ●Article 8 (Designation of control areas of traffic noise and vibration)

• ●(1) The Mayor may designate any area as a traffic noise and vibration control area where noise and vibration produced from any means of transportation in the area exceed or are likely to exceed the control standards for traffic noise and vibration.

• ●(2) When the Mayor has designated a traffic noise and vibration control area, he or she shall publicly notify such fact and take necessary measures, such as installation a signpost. This shall also apply where the designation is modified.

• ●(3) The Mayor may cancel the designation of a traffic noise and vibration control area if noise and vibration from any means of transportation do not exceed or are not likely to exceed the control standards for traffic noise and vibration.

• ●Article 9 (Payment of monetary awards)

• ●(1) The Mayor may pay a monetary award to a person who reports or files a criminal accusation against a person who removes a muffler or a silencer from a motor vehicle or additionally attaches a horn to it, in violation of Article 35 (1), as prescribed by ordinance of the relevant local government; provided, such monetary awards shall be paid only when the violation is verified.

• ●(2) The amount of the monetary awards shall not exceed KRW 200,000 per case or 1/10 of the relevant administrative fine, whichever is smaller.

• ●(3) Detailed matters necessary for the payment procedures of monetary awards shall be determined by the Mayor.

• ●Article 10 (Disclosure of annual reports)

• ●The Mayor shall prepare an annual report on the phases of implementing major noises and vibrations control policies and may disclose it public through the City’s website.

• ●Article 11 (Organization and operation of the Advisory Committee on Noise and Vibration Control)

• ●(1) The Mayor may organize and operate the Busan Metropolitan City Advisory Committee on Noise and Vibration Control (hereinafter referred to as the “Committee”) to deliberate and advise on the following matters concerning noise and vibration control:

• ○1. Matters concerning the establishment and amendment of the Implementation Plan;

• ○2. Matters concerning the evaluation of implementation noise and vibration performance;

• ○3. Matters concerning the designation and cancellation of traffic noise and vibration control areas;

• ○4. Matters concerning the holding of public hearings for collecting opinions from citizens;

• ○5. Other matters deemed necessary by the Mayor.

• ●(2) The Committee shall consist of up to 10 members, including 1 Chairperson and 1 Vice-Chairperson.

• ●(3) The Chairperson shall be the Director-General in charge of noise and vibration control, and the Vice-Chairperson shall be elected from among the members.

• ●(4) Committee members shall include ex officio the heads of departments in charge of noise and vibration control, and the Mayor shall appoint or commission other members, taking gender balance into consideration, from among the following persons:

• ○1. Officials in charge of noise and vibration control in the City and Gu/Gun;

• ○2. Persons recommended by the Busan Metropolitan Council;

• ○3. University professors and experts with sufficient knowledge and experience in noise and vibration;

• ○4. Other persons deemed necessary by the Mayor for noise and vibration control.

• ●(5) The Committee shall be convened when an agenda arises, and it shall be automatically dissolved after deliberation and resolution.

• ●(6) Committee meetings shall be held with a majority of incumbent members present and decisions shall be made by a majority vote of the members present.

ADDENDUM

Ordinance No. 7588, Apr. 16, 2025

• ●This Ordinance shall enter into force on the date of its promulgation.