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(a) The department may inspect at any reasonable time and in a reasonable manner any device which creates or may create unreasonable or prohibited noise including but not limited to the premises where the device is used.
(b) The department may inspect at any reasonable time and in a reasonable manner any record relating to a use of a device which creates or may create unreasonable or prohibited noise.
(c) No person shall refuse entry or access into the public areas of a multiple dwelling or a place of business to an authorized employee of the department or other authorized city employee who presents appropriate credentials, nor shall any person refuse entry or access into any other portion of a premises to an authorized employee of the department or other authorized city employee who presents appropriate credentials and a warrant for such inspection.
(d) No person shall refuse to allow an authorized employee of the department or other authorized city employee who presents appropriate credentials to perform reasonable sound testing on any device or devices, including but not limited to requiring the temporary shutting down of said device or devices for the purposes of such testing except that upon a showing that the inspection would produce a noticeable interruption of services that would cause discomfort to employees or customers or require a building engineer or other professional to work with the equipment, such authorized employee shall reschedule the inspection for a more convenient time.
(e) The commissioner shall adopt rules prescribing specific time frames for inspections in response to after hours noise complaints received by the department in order to ensure that such inspections are most likely to occur at (i) a time that the alleged noise is continued from the time of the complaint or (ii) at a time when the alleged noise is likely to be repeated.
(f) The commissioner shall publish on the city's website:
(i) the manner by which noise levels shall be measured during an inspection conducted pursuant to this section and in accordance with section 24-217.1; and
(ii) the results of each such inspection, which shall be made available on the city’s website within 5 business days after such inspection has been completed.
(g) By no later than January 31 of each year, the department shall submit to the mayor and the council, and publicly post on the city’s website, a report, containing, at a minimum, for the previous calendar year:
(i) the number of inspectors employed by the department;
(ii) the number of complaints regarding noise received by the department, disaggregated by the type of noise;
(iii) the number of after hours noise complaints responded to within the amount of time prescribed by rule as well as the number of duplicative after hours noise complaints;
(iv) the number of non-violation resolutions to complaints;
(v) the number of noise related violations issued;
(vi) the number of such violations which were dismissed;
(vii) the amount of civil penalties which were paid pursuant to such violations;
(viii) the number of alternative noise mitigation plans approved pursuant to section 24-221; and
(ix) the number of written stop work orders issued pursuant to section 24-223.1.
(Am. L.L. 2018/053, 1/17/2018, eff. 7/16/2018; Am. L.L. 2024/005, 1/6/2024, eff. 1/6/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113 and L.L. 2018/053.
(a) The commissioner may require the written registration of air compressors, paving breakers, refuse compacting vehicles and rapid transit railroads, including but not limited to its rolling stock, track and trackbeds, passenger stations, circulation devices rated 300,000 BTUs or higher, tunnels, elevated structures, yards, depots and garages. A period of sixty days shall be allowed for the filing of such registration measured from the date such registration is required by the commissioner or with respect to devices installed after such requirement is instituted measured from the date of installation. However, in cases of emergency, the commissioner may designate a shorter period of time.
(b) Registration shall be made on forms furnished by the department. The forms may require information concerning the device covered by the registration, the sound level caused by the device or any additional information required by the commissioner for the purpose of enforcing this code. The registrant shall maintain the registration in current status by notifying the department of any change in any item of information furnished in compliance with this subdivision within a reasonable time not exceeding thirty days after the change is made.
(c) Registration shall be made by the owner of the device. If a registrant is a partnership or group other than a corporation, the registration shall be made by one individual who is a member of the group. If the registrant is a corporation, the registration shall be made by an officer of the corporation.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.
(a) No person shall knowingly make a false or misleading statement or submit a false or misleading document to the department as to any matter within the jurisdiction of the department.
(b) No person shall make, reproduce or alter or cause to be made, reproduced or altered a tunneling permit, certificate or other document issued by the commissioner or required by this code if the purpose of such reproduction or alteration is to evade or violate any provision of this code or any other law.
Any tunneling permit or certificate required by this code shall be displayed in the vicinity of the device on the premises designated on the tunneling permit or certificate or in the vicinity of the place where the device will be operated or supervised.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.
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