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(a) Except as otherwise provided in section 10-108 of the code, no person shall operate or use or cause to be operated or used any sound reproduction device in such a manner as to create unreasonable noise.
(b) No person shall operate or use or cause to be operated or used any sound reproduction device, for commercial or business advertising purposes or for the purpose of attracting attention to any performance, show, sale or display of merchandise, in connection with any commercial or business enterprise (including those engaged in the sale of radios, television sets, compact discs or tapes), (i) outside or in front of any building, place or premises or in or through any aperture of such building, place or premises, abutting on or adjacent to a public street, park or place; (ii) in or upon any vehicle operated, standing or being in or on any public street, park or place; (iii) from any stand, platform or other structure; (iv) from any airplane or other device used for flying, flying over the city; (v) from any boat on the waters within the jurisdiction of the city; or (vi) anywhere on the public streets, public sidewalks, parks or places where sound from such sound reproduction device may be heard upon any public street, sidewalk, park or place. Nothing in this section is intended to prohibit incidental sounds emanating from a sporting or an entertainment or a public event for which a permit under section 10-108 of the code has been issued.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.
Subchapter 7: Certificates and Tunneling Permits
(a) The commissioner shall at his or her discretion promulgate regulations pursuant to section eleven hundred five of the city charter directing the placement of air compressors, paving breakers, refuse compacting vehicles and rapid transit railroads, including but not limited to their rolling stock, track and track beds, passenger stations, tunnels, elevated structures, yards, depots and garages, onto an operating certificate list, setting out the reasons for such placement, and setting out the period of time from issuance or renewal during which such operating certificate shall be valid, unless sooner revoked or cancelled.
(b) No person shall cause or permit the use or operation of any device placed on the operating certificate list pursuant to subdivision (a) of this section except for the purpose of testing such device without first obtaining an operating certificate from the commissioner. The placement of such a device not bearing an operating certificate at a location of its customary operation shall be considered a violation of this section in any proceeding pursuant to any applicable section of subchapter eight of this chapter of this code except section 24-269.
(c) No person shall engage in or permit any person to engage in tunneling without first obtaining a tunneling permit from the commissioner. A separate permit shall be obtained for each shaft of a tunnel.
(d) Prior to advertising for bids for contracts involving tunneling, the agency of the city of New York proposing to so advertise shall request the commissioner in writing for a statement of the requirements or standards that will govern the proposed tunneling activities pursuant to section 24-248 of this subchapter. The aforesaid requirements shall be furnished by the commissioner to the contracting agency in writing within thirty days after receipt of the request and shall be included by the contracting agency in the contract specifications for the proposed tunneling. The conditions under which the permit shall be granted to the contractor shall be consistent with the statement furnished by the commissioner to the contracting agency for inclusion in the contract specifications.
(e) Notwithstanding the existence of a valid tunneling permit, no person shall, except in the case of urgent necessity in the interest of public safety, conduct or permit to be conducted blasting operations at any time other than on weekdays and other than between the hours of seven a.m. and seven p.m. unless a special permit is obtained from the fire department pursuant to subdivision d of section 27-4039.
(a) Application for an operating certificate or for the removal of an operating certificate shall be made by the owner of the device on forms furnished by the department.
(b) Application for a tunneling permit shall be made on forms furnished by the department by or in behalf of the owner or lessee of the tunnel; and if made by a person other than the owner, the application shall be accompanied by a signed statement of the applicant declaring that he or she is authorized by the owner to make the application. The permittee shall in all cases be the applicant.
(c) Each application hereunder shall be signed by the applicant. The signature of the applicant shall constitute an agreement that the applicant will assume responsibility for the operation or use of the device concerned or for tunneling in accordance with the requirements of this code. If the applicant is a partnership or group other than a corporation, the application shall be made by one individual who is a member of the group. If the applicant is a corporation, the application shall be made by an officer of the corporation.
(d) Application for the removal of an operating certificate shall be postmarked or date-stamped by the department upon personal delivery no later than thirty days prior to the expiration of the certificate.
(a) Each application for an operating certificate shall contain such information as the commissioner may require in order to determine whether a device covered by the application is or will operate in compliance with the provisions of this code, including but not limited to:
(1) The model number and operating characteristics of the device covered by the application;
(2) A report certified by an approved testing laboratory as to the sound level generated by the device when operated under normal operating conditions or a manufacturer's warranty as to sound level provided that the device is regularly tested in accordance with procedures established by the American national standards institute or other appropriate professional standard-setting organization listed in section 24-242*; and
* Editor's note: this § 24-242 was repealed and the substance transferred to § 24-204(c).
(3) The proposed means, if any, for the prevention or control of unreasonable noise.
(b) Each application for a tunneling permit shall contain such information as the commissioner may require to determine whether tunneling activities and the devices operated therein will be undertaken in compliance with the provisions of this code, including but not limited to:
(1) The types and operating characteristics of the devices employed in such tunneling;
(2) A detailed description of proposed tunneling; and
(3) The proposed means for the prevention of unreasonable noise.
(c) Information concerning secret processes which may be required, ascertained or discovered by the department shall not be disclosed by any department employee, except that the information may be disclosed by the commissioner if the department is subpoenaed for the information or if in the course of a departmental court proceeding or departmental or board hearing, the information is relevant to the proceeding or hearing.
(a) No operating certificate shall be granted unless the applicant shows to the satisfaction of the commissioner that:
(1) The device will be operated without causing a violation of the provisions of this code; and
(2) The device incorporates advances in the art of noise control developed for the kind and level of noise emitted by the applicant's device.
(b) No tunneling permit shall be granted unless the applicant shows to the satisfaction of the commissioner that:
(1) The devices employed in such tunneling, including construction devices, storage bins and hoppers, will be operated or used without causing a violation of the provisions of this code;
(2) The motor vehicles employed in such tunneling will be routed at such times of day and such routes as not to cause unreasonable noise; and
(3) All advances in the art of noise control, including appropriate closures around devices, and sound deadening linings on storage bins and hoppers, developed for the kind and level of noise emitted by applicant's activities or devices have been incorporated into such tunneling activities and devices.
(c) The commissioner may from time to time issue regulations for the guidance of applicants indicating the technical specifications which he or she deems will comply with the performance standards of this section.
(a) Before a tunneling permit is granted or before an operating certificate is granted or renewed, the commissioner may require the applicant to conduct such tests as are necessary in the opinion of the commissioner to determine the sound level emitted from a device or an activity or to determine whether the device or its operation or an activity is contributing to, or is in violation of this code. The test shall be made at the expense of the applicant.
(b) Such test shall be conducted, reviewed and certified as provided by subdivision (b) of section 24-206 of this code. The applicant shall notify the department of the time and place of a test as provided by subdivision (c) of section 24-206* of this code. Reasonable facilities shall be made available for the department to witness the test. If in the opinion of the commissioner tests by the department are necessary, the facilities for such tests, exclusive of sound level meters, shall be furnished by and at the expense of the owner or lessee or his or her agent as provided by subdivision (d) of section 24-206 of this code.
(a) The commissioner shall act within a reasonable time not to exceed sixty days on an application for a tunneling permit, for an operating certificate, or for a renewal of an operating certificate, and shall notify the applicant in writing of his or her approval or disapproval of the application.
(b) If an application is disapproved, the commissioner shall set forth his or her objections in the notice of disapproval or notice of violation.
(c) Within sixty days after service on the applicant of the notice of disapproval, exclusive of the day of service, the applicant may request the commissioner to reconsider the application by answering in writing the commissioner's objection to the application.
(d) The commissioner shall consider the applicant's answer to his or her objections, and shall notify the applicant in writing within a reasonable time, not to exceed sixty days, of his or her approval or denial of the application. Failure to answer or request an extension of time within sixty days after service of the notice of disapproval or a notice of violation shall be deemed a denial of the application.
(e) The commissioner may grant a temporary operating certificate or tunneling permit for a period not to exceed sixty days upon receipt of an application for the granting or renewal of an operating certificate and may, at his or her discretion, renew a temporary operating certificate or tunneling permit for an additional period not to exceed sixty days.
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