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(a) No person shall make or cause or permit to be made or caused any music originating from or in connection with the operation of any commercial establishment or enterprise when the level of sound attributable to such music, as measured inside any receiving property dwelling unit:
(1) is in excess of 42 dB(A) as measured with a sound level meter; or
(2) is in excess of 45 dB in any one-third octave band having a center frequency between 63 hertz and 500 hertz (ANSI bands numbers 18 through 27, Inclusive), in accordance with American National Standards Institute standard S1.6-1984; or
(3) causes a 6 dB(C) or more increase in the total sound level above the ambient sound level as measured in decibels in the "C" weighting network provided that the ambient sound level is in excess of 62 dB(C).
(b) (1) There shall be no civil penalty imposed for a first violation of subdivision (a) of this section or of any variance granted by the commissioner in accordance with subdivision (d) of this section if, within 30 days after the issuance of the notice of violation for such violation or, if applicable, within the time granted by the commissioner pursuant to this paragraph, the respondent admits liability for the violation and files a certification with the department in a form and manner and containing such information and documentation as shall be prescribed in the department's rules that (i) permanent improvements or modifications have been made to the establishment, including but not limited to the installation of appropriate sound insulation, isolators, suspension mounting and/or sound mitigation devices or materials and (ii) appropriate sound measurements taken in accordance with the department's rules substantiate that the establishment is in full compliance with the sound levels set forth in this section, and the commissioner accepts such certification of compliance. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations of this section. If completion of such certification as prescribed in the rules of the department cannot be accomplished within 30 days, the respondent may apply to the commissioner for additional time to submit an appropriate certification of compliance, but not more than 30 days. The respondent shall submit such application for additional time to the commissioner within 30 days after the issuance of the violation along with an admission of liability and appropriate documents demonstrating that the remediation process has begun.
(2) Nothing in this subdivision shall be construed to prohibit enforcement personnel from issuing additional notices of violation, summonses or appearance tickets where sound levels exceed the limits set forth in subdivision a of this section during the periods of time set forth in paragraph one of this subdivision for submission of a certification of compliance for a first violation.
(c) In any proceeding under this section it shall be an affirmative defense that the receiving property dwelling unit was not lawfully occupied at the time of the violation.
(d) The commissioner may grant a variance from strict application of the limits set forth in subdivision (a) of this section for a commercial establishment or enterprise that was in operation at the same site prior to the date of enactment of the local law that added this section if he or she finds that there are practical difficulties or unnecessary hardship in the application of such provisions in the specific case, provided that as a condition to the grant of any such variance, sufficient evidence or data is submitted by an applicant that there are physical conditions or zoning district conditions, including irregularity in lot size characteristics and zoning changes, and that as a result of such physical or zoning district conditions, practical difficulties or unnecessary hardship arise in complying with such provisions. In granting a variance the commissioner may impose such terms and conditions as he or she deems necessary to carry out the intent of this section to minimize noise emissions from the site. Application for a waiver shall be submitted in such form and manner as shall be provided by rules of the department and shall include in detail proposed measures which the applicant proposes will minimize sound from the site. A variance granted pursuant to this subdivision shall not be transferable but shall expire upon a change in ownership, size or location of the commercial establishment or enterprise in accordance with the rules of the department. Violation of the conditions of any variance shall be deemed to be a violation of this section.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113 and L.L. 2021/080.
(a) No person shall cause or permit a sound source operating in connection with any commercial or business enterprise to exceed the decibel levels in the designated octave bands shown below as measured within a receiving property as specified therein.
Octave Band | Maximum Sound Pressure Levels (dB) as measured within a receiving property as specified below | |
Frequency (Hz) | Residential receiving property for mixed use buildings and residential buildings (as measured within any room of the residential portion of the building with windows open, if possible). | Commercial receiving property (as measured within any room containing offices within the building with windows open, if possible). |
31.5 | 70 | 74 |
63 | 61 | 64 |
125 | 53 | 56 |
250 | 46 | 50 |
500 | 40 | 45 |
1,000 | 36 | 41 |
2,000 | 34 | 39 |
4,000 | 33 | 38 |
8,000 | 32 | 37 |
(b) All sources that are within the A-scale limits prescribed by any other section of this code must also comply with the octave band decibel levels as specified herein. Compliance with this section does not constitute a defense to violation of decibel limits set by any other section of this code.
(c) Measurements performed on residential property shall not be taken in non-living areas such as closets and crawlspaces.
(d) This section shall not apply to impulsive sound, music or construction devices or activities.
(e) This section shall not apply to any utility structure in existence prior to January 1, 2004. For the purposes of this subdivision the term "utility structure" means any electric substation owned or operated by an electric, gas, or steam utility subject to the jurisdiction of the New York state public service commission.
(f) This section shall not apply to any refuse collection facility owned, operated or regulated by the department of sanitation.
(g) There shall be no civil penalty imposed for a first violation of this section or any rules promulgated pursuant to this section if, within 30 days after the issuance of the notice of violation for such violation, or, if applicable, within any additional time granted by the commissioner pursuant to this subdivision, the respondent admits liability for the violation and files a certification with the department in a form and manner and containing such information and documentation as shall be prescribed in the department's rules showing that (i) permanent improvements or modifications have been made, including but not limited to the installation of appropriate sound insulation, isolators, suspension mounting and/or sound mitigation devices or materials, as applicable; and (ii) appropriate sound measurements taken in accordance with the department's rules substantiate that the applicable commercial or business enterprise is in full compliance with the sound levels set forth in this section, and the commissioner accepts such certification of compliance. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations. If completion of such certification as prescribed in the rules of the department cannot be accomplished within 30 days, the respondent may apply to the commissioner for additional time to submit an appropriate certification of compliance, but not more than 30 days. The respondent shall submit such application for additional time to the commissioner within 30 days after the issuance of the violation along with an admission of liability and appropriate documents demonstrating that the remediation process has begun.
(Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113 and L.L. 2021/080.
No person shall cause or permit operation of a small wind turbine, as such term is defined in section 3113.2 of the New York city building code, or a large wind turbine as such term is defined in section 3114.2 of the New York city building code, so as to create a sound level in excess of 5 db(A) above the ambient sound level, as measured at the property line or at an elevated receptor of the property containing the nearest occupied building.
(L.L. 2018/105, 5/26/2018, eff. 11/22/2018; Am. L.L. 2019/098, 5/19/2019, eff. 11/15/2019)
Subchapter 6: Specific Noise Sources Plainly Audible and Other Standards
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.
(a) No person shall operate or use or cause to be operated or used any personal audio device in such a manner as to create an unreasonable noise.
(b) For the purposes of this section unreasonable noise shall include but shall not be limited to:
(1) the operation or use of a personal audio device on or in any public right-of-way so that sound emanating from such device is plainly audible to another individual at a distance of 25 feet or more from the source.
(2) the operation or use of a personal audio device from on or inside a motor vehicle, whether moving, parked, stopped or standing, on or in any public right-of-way so that sound emanating from such device is plainly audible to another individual outside of such motor vehicle at a distance of 25 feet or more from the source.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.
It shall be unlawful to operate or use a sound reproduction device in or on any rapid transit railroad, omnibus or ferry, other than a personal audio device with personal earphones such that sound from such earphones is not plainly audible to another individual at a distance of 5 feet or more from the source.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.
No person having charge, care, custody, or control of any animal shall cause or permit such animal to cause unreasonable noise including, but not limited to, any sound that is plainly audible at any location within any residential receiving property as set forth below:
(a) At or after 7 a.m. and before 10 p.m., continuously for a period of 10 minutes or more.
(b) At or after 10 p.m. and before 7 a.m., continuously for a period of 5 minutes or more.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.
(a) Motor vehicles, other than motorcycles, with a maximum gross weight of 10,000 lbs. or less. No person shall cause or permit any motor vehicle, other than a motorcycle, with a maximum gross weight of 10,000 lbs. or less to operate on a public right-of-way where the muffler or exhaust generates a sound that is plainly audible to another individual at a distance of 150 feet or more from the motor vehicle.
(b) Motorcycles. No person shall cause or permit any motorcycle to operate on a public right-of-way where the muffler or exhaust generates a sound that is plainly audible to another individual at a distance of 200 feet or more from the motorcycle.
(c) Motor vehicles with a maximum gross weight greater than 10,000 lbs. No person shall cause or permit any motor vehicle with a maximum gross weight greater than 10,000 lbs. to operate on a public right-of-way where the muffler or exhaust generates a sound that is plainly audible to another individual at a distance of 200 feet or more from the motor vehicle, except when compression brake systems are used in an emergency to stop the vehicle.
(d) (1) No person operating a motor vehicle containing a compression brake system or systems shall apply such compression brake system or systems except when such system or systems are used in an emergency to stop the vehicle.
(2) The department is authorized to post signs at every entry point of the city containing the following information: THE USE OF COMPRESSION BRAKE SYSTEMS IS PROHIBITED ON STREETS WITHIN NEW YORK CITY WHERE THE SPEED LIMIT IS 35 MILES PER HOUR OR LESS EXCEPT IN CASE OF AN EMERGENCY.
(e) No person shall cause or permit the total sound from a motor vehicle operating on any public right-of-way to exceed the sound level set forth in section 386 of the vehicle and traffic law and the rules adopted pursuant to such section.
(f) Subdivisions a, b, c and paragraph one of subdivision d of this section may only be enforced on streets where the speed limit is 35 miles per hour or less.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Owner. The term "owner" has the meaning provided in section 239 of the vehicle and traffic law.
Photo noise violation monitoring device. The term "photo noise violation monitoring device" means 1 or more mobile or fixed vehicle sensors installed to work in conjunction with 1 or more noise measuring apparatuses, such as a decibel reader, which automatically produces 2 or more photographs, 2 or more microphotographs, a videotape, or other recorded images of each motor vehicle at the time it is used or operated in violation of the motor vehicle noise limits prescribed in section 24-236.
b. Photo noise violation monitoring device program established.
1. The department, in consultation with the police department and the department of transportation, shall establish a program of photo noise violation monitoring devices to monitor compliance with the limitations on sound set forth in section 24-236. Any motor vehicle found to be violating such provisions shall be issued a notice of violation and shall be subject to the civil penalty prescribed in table I of paragraph (5) of subdivision (b) of section 24-257.
2. No photo noise violation monitoring device shall be used unless it has undergone an annual calibration check performed pursuant to paragraph 3 of this subdivision.
3. Each photo noise violation monitoring device shall undergo an annual calibration check by the manufacturer of such device or by the department. Such manufacturer or the department shall provide a certification of such calibration. The department shall maintain each such certificate of calibration for each photo noise violation monitoring device in operation until the final resolution of all cases involving a notice of violation issued during such year that utilized photographs, microphotographs, videotape, or other recorded images produced by such device.
4. It shall be a defense to any prosecution for a violation issued pursuant to this section that the photo noise violation monitoring device that produced the photographs, microphotographs, videotape, or other recorded images was malfunctioning at the time of the alleged violation.
5. The department shall utilize necessary technologies to ensure, to the extent practicable, that photographs, microphotographs, videotape, or other recorded images produced by the photo noise violation monitoring devices do not include images that identify the driver, the passengers, or the contents of the motor vehicle, provided, however, that where the department shows that it made reasonable efforts to comply with the provisions of this paragraph a notice of violation issued pursuant to this section shall not be dismissed solely because the photograph, microphotograph, videotape, or other recorded image allows for the identification of the driver, the passengers, or the contents of motor vehicles.
6. Any photograph, microphotograph, videotape, or other recorded image from a photo noise violation monitoring device shall be for the exclusive use of the city for the purpose of the adjudication of liability imposed pursuant to subchapter 8 of this chapter and for the motor vehicle owner receiving a notice of violation. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, a photograph, microphotograph, videotape, or other recorded image from a photo noise violation monitoring device shall not be available to the public, nor subject to civil or criminal process or discovery, nor used by any court or administrative or adjudicatory body in any action or proceeding therein except that which is necessary for the adjudication of a notice of violation of section 24-236, and no public entity or employee, officer, or agent thereof shall disclose such information, except that a photograph, microphotograph, videotape, or other recorded image from such devices:
(a) Shall be available for inspection, copying, and use by the motor vehicle owner for so long as such photograph, microphotograph, videotape, or other recorded image is required to be maintained or is maintained by such public entity, employee, officer, or agent;
(b) Shall be furnished for use in a criminal action or proceeding when described in a search warrant issued by a court authorized to issue such a search warrant pursuant to article 690 of the criminal procedure law or a federal court authorized to issue such a search warrant under federal law, where such search warrant states that there is reasonable cause to believe such information constitutes evidence of, or tends to demonstrate that, a misdemeanor or felony offense was committed in this state or another state, or that a particular person participated in the commission of a misdemeanor or felony offense in this state or another state; and
(c) Shall be furnished for use in a criminal action or proceeding in response to a subpoena duces tecum signed by a judge of competent jurisdiction and issued pursuant to article 610 of the criminal procedure law or a judge or magistrate of a federal court authorized to issue such a subpoena duces tecum under federal law, where the judge finds and the subpoena states that there is reasonable cause to believe such information is relevant and material to the prosecution, or the defense, or the investigation by an authorized law enforcement official, of the alleged commission of a misdemeanor or felony in this state or another state.
7. Any photographs, microphotographs, videotapes, or other recorded images evidences of a violation shall include at least 1 date and time stamped image showing the license plate number of the vehicle and shall be available for inspection reasonably in advance of and during any hearing to adjudicate the liability for such violation pursuant to subchapter 8 of this chapter.
c. Placement of devices. To the extent practicable, the department shall select the locations for each photo noise violation monitoring device based on motor vehicle noise complaint data reported by the 311 customer service center and shall consider requests for placement of such devices made by persons including but not limited to, the mayor, comptroller, public advocate, borough presidents, council members, and community boards. Subject to appropriations, the department shall ensure that there are no less than 5 photo noise monitoring devices in each borough by and after September 30, 2025. Upon receipt of a request by the mayor, comptroller, public advocate, a borough president, a council member, or a community board for installation of a photo noise violation monitoring device at a particular location, the department shall assess the request and respond within 30 days with a determination as to whether the location requested is appropriate for inclusion in the program.
d. Multiple technologies. The department may deploy multiple sound detection technologies within the photo noise violation monitoring devices as part of this program, including but not limited to:
1. Acoustic monitoring;
2. Beamforming devices; and
3. Artificial intelligence.
e. Reporting. No later than January 31, 2025, and on January 31 thereafter in each succeeding year in which the program is in operation, the commissioner shall submit to the mayor and the speaker of the council, and post on the department’s website, a report on the use of photo noise violation monitoring devices for the previous calendar year. Such report shall include:
1. The locations of any such photo noise violation monitoring devices and time periods during which such devices were used;
2. The total number of violations recorded by photo noise violation monitoring devices on a daily, weekly, and monthly basis;
3. The total number of notices of violation issued for violations recorded by such devices;
4. The total number of violations adjudicated in accordance with subchapter 8 of this chapter and the results of such adjudications, disaggregated by dispositions made for violations recorded by such devices; and
5. Any expenses incurred by the city in connection with the program.
(L.L. 2024/007, 1/6/2024, eff. 3/6/2024)
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