Decision on the Admissibility of the Early Ringing of the Reformed Church of Bubikon

Facts

The Reformed Church of Bubikon had an early ringing starting at 5 a.m. The Bubikon Municipal Council ordered that this early ringing should not take place before 6 a.m. and should be limited to an average of 50 strikes. The appellant X. unsuccessfully filed an appeal with the Building Appeals Commission and a complaint with the Administrative Court of the Canton of Zurich. Finally, X. filed an administrative court appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court notes that while church bell ringing is generally subject to the Environmental Protection Act, the interest in the noise-generating activity must be taken into account. A reduction in sound intensity is generally not an option, as this would defeat the purpose of the bell ringing. Instead, restrictions on operating times can be considered as emission control measures.

The Federal Supreme Court considers it reasonable for the local authorities to take into account the local police regulations in assessing the early ringing of the Reformed Church of Bubikon. These provide for a night-time quiet period only from 6 a.m. onwards, so that the early ringing at 6 a.m. can still be considered permissible. It must be taken into account that the early ringing corresponds to a local tradition and…