The Content Of The Article:
When using leaf blowers, certain rest periods must be taken into account. The Equipment and Machine Noise Ordinance adopted by the European Parliament on Noise Abatement (2000/14 / EC) lays down uniform minimum time limits which must be respected in any case. However, as in the past, the municipalities are allowed to set additional rest periods, for example between 12:00 and 15:00, in their regulations. The municipal regulations still apply if they provide for longer rest periods.
According to the Machine Noise Ordinance, certain devices such as leaf vacuum cleaners, leaf blowers and grass trimmers may only be used on weekdays from 9 am to 1 pm and from 3 pm to 5 pm; on Sundays and public holidays, use is prohibited. Exception on working days: The device bears the Ecolabel according to Regulation No. 1980/2000 of the European Parliament, and is thus significantly quieter than old devices.
Under no circumstances should be exaggerated. In concrete terms, this means: At least twice a week deafening noise, the neighborly community relationship and § 240 StGB (coercion) are violated. On coercion are fines or - in this case, of course, only theoretically - imprisonment of up to three years.
Leaf blowers are like almost all motorized garden tools now also available as a battery version, which are significantly quieter than motor-powered devices thanks to electric motors
Chances of success in case of dispute
According to § 906 BGB you can ward off immissions such as noise and noise from the neighboring property in court, if they are locally unusual and bother considerably. However, it always depends on the specific circumstances of the individual case and the local conditions. The discretionary decision of the individual judge can not always be predicted. For example, it is decisive whether the property is absolutely quiet in the countryside or directly on a busy thoroughfare. Higher chances of success in a legal dispute, if one insists on the observance of a night's sleep and lunch break. For example, it was enforced before the district court of Munich (Az 23 O 14452/86), that the constantly crowing cock of the neighbors daily from 20 o'clock in the evening until 8 o'clock in the morning and on Saturdays, Sundays and public holidays additionally from 12 o'clock noon to 15 o'clock in a soundproof room is to be kept.
Quiet in residential areas
How quiet it must be in a residential area, the district court of Hamburg had to decide in a much-discussed judgment (Ref 325 O 166/99), as neighbors complained against a kindergarten founded by a parents' initiative in a pure residential area. In the end, the court considered it justified to use the so-called TA-Noise (technical instruction for protection against noise). According to the TA-Noise, a noise limit of 50 dB (A) during the day and 35 dB (A) at night is assumed for noise nuisance in a residential area. However, the case law on child noise is inconsistent and - as well as new legislation - very child-friendly.