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The provisions of this code shall not apply to the operation or use of any organ, bell, chimes or other similar instrument from on or within any church, synagogue, mosque or other house of worship.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.
Unless otherwise specifically provided, all sound level measurements under this code shall be taken in Lmax with the sound level meter set to slow response.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.
a. Where the department generates a noise inspection report pursuant to a complaint submitted through 311, any person may request a copy of such report by providing the 311 tracking number on a form and in a manner to be specified by the department subject to subdivision d of this section.
b. Where the police department generates a noise inspection report pursuant to a complaint submitted through 311, any person may request a copy of such report by providing the 311 tracking number to the police department on a form and in a manner to be specified by such department subject to subdivision d of this section.
c. The department or police department shall provide a copy of a report requested under this section within 14 days of receiving such a request.
d. The department or police department shall not deny or decline to act on a request made pursuant to this section on the ground that such request fails to constitute a request made pursuant to section 87 of the public officers law.
(L.L. 2024/006, 1/6/2024, eff. 5/5/2024)
Subchapter 3: Prohibited Noise; General Prohibition
(a) No person shall make, continue or cause or permit to be made or continued any unreasonable noise.
(a-1) No person shall make, continue or cause to permit or be made or continued any unreasonable noise:
(1) for any commercial purpose or during the course of conducting any commercial activity; or
(2) through the use of a device, other than a device used within the interior living space of an individual residential unit, installed within or upon a multiple dwelling or a building used in part or in whole for non-residential purposes.
(b) Unreasonable noise shall include but shall not be limited to sound, attributable to any device, that exceeds the following prohibited noise levels:
(1) Sound, other than impulsive sound, attributable to the source, measured at a level of 7 dB(A) or more above the ambient sound level at or after 10:00 p.m. and before 7:00 a.m., as measured at any point within a receiving property or as measured at a distance of 15 feet or more from the source on a public right-of-way.
(2) Sound, other than impulsive sound, attributable to the source, measured at a level of 10 dB(A) or more above the ambient sound level at or after 7:00 a.m. and before 10:00 p.m., as measured at any point within a receiving property or as measured at a distance of 15 feet or more from the source on a public right-of-way.
(3) Impulsive sound, attributable to the source, measured at a level of 15 dB(A) or more above the ambient sound level, as measured at any point within a receiving property or as measured at a distance of 15 feet or more from the source on a public right-of-way. Impulsive sound levels shall be measured in the A-weighting network with the sound level meter set to fast response. The ambient sound level shall be taken in the A-weighting network with the sound level meter set to slow response.
(c) Notwithstanding the provisions of subdivision b of this section, where a particular sound source or device is subject to decibel level limits and requirements specifically prescribed for such source or device elsewhere in this code, the decibel level limits set forth in this section shall not apply to such sound source or device.
(d) The decibel level limits set forth in this section shall not apply to sound attributable to construction devices and activities.
(e) Where the commissioner finds that sound from any refuse collection facility regulated by the department of sanitation exceeds the decibel level limits set forth in this section, the commissioner shall order the operator of such facility to submit a certification by a professional engineer as to whether or not the facility is in compliance with the noise standards required by the department of sanitation rules (16 RCNY Ch. 4) and if not in compliance, the mitigation measures that will be undertaken to bring such facility into compliance. The testing and certification must be submitted to the department and to the department of sanitation within forty-five days after the issuance of such order. A facility that complies with an order issued pursuant to this section and with any required mitigation measures shall be deemed to be in compliance with the decibel limits of this section. With respect to any refuse collection facility owned or operated by the department of sanitation such facility shall be deemed to be in compliance with the decibel level limits of this section if it is in compliance with a best management practices plan developed in conjunction with the department. A notice of violation may only be issued for a refuse collection facility pursuant to this section where the operator of such facility fails to comply with an order of the commissioner issued pursuant to this subdivision or the mitigation measures set forth in a certification.
(Am. L.L. 2016/072, 6/13/2016, eff. 3/13/2017)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113 and L.L. 2016/072.
a. Definitions. For purposes of this section:
(1) The term "mobile telephone" shall mean a cellular, analog, wireless, digital or other similar telephone or communications device, which can be used to access two-way real time voice telecommunications service that is interconnected to a public switched telephone network and is provided by a commercial mobile radio service, as such term is defined by 47 CFR § 20.3.
(2) The term "use" shall mean to receive a mobile telephone call signaled by an audible sound, dial a mobile telephone, or talk or listen on a mobile telephone.
(3) The term "place of public performance" shall mean the area, room, or chamber of any indoor theatre, library, museum, gallery, motion picture theatre, concert hall, or building in which theatrical, musical, dance, motion picture, lecture, or other similar performances are exhibited. This term shall not include any area or venue in which professional or amateur sporting events are taking place.
b. No person shall use a mobile telephone in a place of public performance while a theatrical, musical, dance, motion picture, lecture or other similar performance is taking place.
c. Exception. The provisions of this section shall not apply to an individual who uses a mobile telephone to contact an emergency response operator, hospital, physician's office or health clinic, ambulance company, fire company, first aid squad or police department in an emergency situation or in any other circumstance which may be deemed an emergency.
d. Notice to patrons.
(1) The owner, operator, manager or other person having control of any place of public performance shall, at every theatrical, musical, dance, motion picture, lecture or other similar performance, provide prominent and conspicuous notice to patrons by means of announcement, signage, printed material, or other similar means indicating that mobile telephone use is prohibited as prescribed in subdivision b of this section. The commissioner of environmental protection may promulgate rules regarding the size, style and location of such notices, but in promulgating such rules, the commissioner of environmental protection shall take into consideration the concerns of the various types of establishments regulated herein with respect to the style and design of such notices.
(2) In addition, the owner, operator, manager or other person having control of any motion picture theatre in which motion pictures are exhibited to the public shall, prior to the showing of each feature motion picture, show upon the movie screen information indicating that mobile telephone use is prohibited as prescribed in subdivision b of this section.
Subchapter 4: Construction Noise Management
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.
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