L.L. 1997/084

Enactment date: 10/31/1997

Int. No. 837-A

By Council Members Miller, Michels, Duane, Eldridge, Freed, Pagan, Eisland, Leffler, Marshall and Eristoff (in conjunction with the Mayor); also Council Members Albanese, Linares and Stabile

A Local Law to amend the administrative code of the city of New York, in relation to civil penalties for second, third and subsequent violations of the noise control code.

Be it enacted by the Council as follows:

Section 1. Legislative Intent. Twenty-five years ago, when the comprehensive New York City Noise Control Code was enacted, it was declared as the public policy of the City that "... every person is entitled to ambient noise levels that are not detrimental to life, health and enjoyment of his or her property ..." and that "... the making, creation or maintenance of excessive and unreasonable noises within the city affects and is a menace to public health, comfort, convenience, safety, welfare and the prosperity of the people of the city." The ability of the City's residents, workers and visitors to secure a minimum level of quiet and freedom from noise is critical to the quality of life and the enjoyment of their homes, workplaces, places of recreation and the exterior environment.

It is axiomatic that strong enforcement is essential to the effectiveness of any regulatory program and a significant component of such enforcement is the penalty to be imposed for a violation of the law. Strong civil penalty provisions serve as a deterrent to violations of the Noise Control Code and preserve and advance the public policy reflected therein. However, it is the view of the Council that the existing civil penalties no longer serve as an adequate deterrent. This bill strengthens enforcement by establishing two new tiers of civil penalties in which those penalties are substantially increased for a second violation of the same provision of the Noise Control Code by the same person and for third and subsequent violations of the same provision of the Noise Control Code by the same person.

The Council also declares that nothing in this legislation is intended to limit the authority of the Environmental Control Board to issue "cease and desist" orders under existing provisions of the Noise Control Code.

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[Consolidated provisions are not included in this Appendix A]

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§ 3. This local law shall take effect on the sixtieth day after it shall have become law; provided, however, that this law shall apply only to notices of violation issued on or after the effective date of this law.