Skip to code content (skip section selection)
Compare to:
New York City Overview
The New York City Charter
The New York City Administrative Code
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
Title 2: Board of Standards and Appeals
Title 3: Fire Department
Title 6: Department of Consumer and Worker Protection
Title 9: Procurement Policy Board Rules
Title 12: Franchise and Concession Review Committee
Title 15: Department of Environmental Protection
Title 16: Department of Sanitation
Title 17: Business Integrity Commission
Title 19: Department of Finance
Title 20: Tax Appeals Tribunal
Title 21: Tax Commission
Title 22: Banking Commission
Title 24: Department of Health and Mental Hygiene
Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
Title 38: Police Department
Title 38-A: Civilian Complaint Review Board
Title 39: Department of Correction
Title 40: Board of Correction
Title 41: Department of Juvenile Justice
Title 42: Department of Probation
Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
§ 47-02 Noise Code Penalty Schedule.
All Citations are to the NYC Administrative Code unless otherwise indicated.
A stipulation penalty is imposed if there is a "Y" (Yes) in the Stipulation column in the Penalty Schedule rather than a "N" (No), and if a stipulation is offered and accepted at a hearing.
Definition of 2nd and/or 3rd and/or 4th offense: By the same respondent of the same provision of law, order, rule or regulation as the previous violation and, if the respondent is the owner, agent, lessee or other person in control of the premises with respect to which the violation occurred, at the same premises as the previous violation (all violations committed within two years).
Pursuant to 48 RCNY § 3-17, a late admit fee of $30.00 will be added to all the below listed penalties for a failure to submit a payment by mail within 30 days of the mailing date of the default order issued against respondent.
Asterisk (*): In connection with Section 24-231(a), a zero penalty may be imposed for admission of a first offense upon submission to DEP (within 30 days of NOV issuance unless extended by DEP) of acceptable certification of compliance as set forth in Section 24-231(b)(1).
(Mitigation: 0 1 ) A zero penalty may be imposed for a first offense upon submission to DEP (within 45 days of the return date on the NOV) of acceptable certification of compliance and admission of liability by respondent.
 
 
Section of Law
Violation Description
Compliance
Offense
Penalty
Default Penalty
Stipulation
Noise from sound device exceeding permit levels
Reduce noise to conform to permit forthwith
1st
250
250
N
2nd
500
500
N
3rd
750
750
N
4th
1,000
1,000
N
Failed to Comply with Commissioner's Order to Provide Access for Testing
Allow access forthwith
1st
220
875
N
2nd
440
1,750
N
3rd
660
2,625
N
Refused DEP entry into public area(s) of premises
Allow entry forthwith
1st
350
875
Y
2nd
700
1,750
N
3rd
1,050
2,625
N
Refusal to allow authorized employee to perform sound testing
Allow sound testing forthwith
1st
350
875
Y
2nd
700
1,750
N
3rd
1,050
2,625
N
Operating equipment without a valid registration
Obtain registration forthwith
1st
350
875
Y
2nd
700
1,750
N
3rd
1,050
2,625
N
Interfering w/or obstructing DEP Personnel
Cease interference with adm. personnel - forthwith
1st
350
875
Y
2nd
700
1,750
Y
3rd
1,050
2,625
N
False/misleading statements: unlawful repro/alteration of documents
Submit documented information - forthwith
1st
350
875
N
2nd
700
1,750
N
3rd
1,050
2,625
N
Failure to post certificate or tunneling permit
Post certificate forthwith
1st
350
875
Y
2nd
700
1,750
Y
3rd
1,050
2,625
N
Failure to comply with noise abatement contract requirements
Comply with abatement requirements forthwith
1st
650
2,625
Y
2nd
1,300
5,250
N
3rd
1,950
7,875
N
Causing or permitting unreasonable noise (7AM to 10PM)
Cease unreasonable noise forthwith
1st
75
100
Y
2nd
150
225
Y
3rd
350
500
N
Causing or permitting unreasonable noise (10PM to 7AM)
Cease unreasonable noise forthwith
1st
75
150
Y
2nd
150
250
Y
3rd
350
500
N
24-218(a-1)
Causing or permitting unreasonable noise for commercial activities or purposes or through a device installed within or upon a building
Cease unreasonable noise forthwith
1st
350
1,000
Y
2nd
700
2,000
Y
3rd
1,050
3,000
N
Failure to comply with Commissioner’s Order or mitigation measures re noise from refuse collection facility
Comply with Commissioner's Order forthwith
1st
350
1,000
Y
2nd
700
2,000
Y
3rd
1,050
3,000
N
Use of mobile telephones in a place of public performance
1st
50
50
Y
2nd
50
50
Y
3rd
50
50
Y
Failure to adopt/implement Noise Mitigation Plan for construction site
Adopt Mitigation Plan forthwith
1st
875
1,400
Y
2nd
1,750
2,800
N
3rd
2,625
4,200
N
Inadequate/insufficien tly detailed noise mitigation plan
Provide additional information to Noise Plan forthwith
1st
440
1,400
Y
2nd
880
2,800
N
3rd
1,320
4,200
N
Failure to ensure that all construction workers are familiar with noise mitigation plan
Inform workers about noise mitigation plan requirements forthwith
1st
440
1,400
Y
2nd
880
2,800
N
3rd
1,320
4,200
N
Failure to keep/have available for inspection copy of noise mitigation plan
Make plan available forthwith
1st
440
1,400
Y
2nd
880
2,800
N
3rd
1,320
4,200
N
Failure to amend noise mitigation plan
Amend noise mitigation plan forthwith
1st
440
1,400
Y
2nd
880
2,800
N
3rd
1,320
4,200
N
Failure to file noise mitigation plan when required
File noise mitigation plan forthwith
1st
400
1,400
Y
2nd
880
2,800
N
3rd
1,320
4,200
N
Construction activities at impermissible times/days
Cease construction activities at impermissible times/days forthwith
1st
1,400
3,500
Y
2nd
2,800
7,000
N
3rd
4,200
10,500
N
Failure to submit certification for emergency work within 3 days of starting work
Submit certification forthwith
1st
875
3,500
Y
2nd
1,750
7,000
N
3rd
2,625
10,500
N
24-223(d)(1)
Excessive noise as measured from a residential receiving property above 8dB(A).
Stop operation of device causing exceedance.
1st
560
875
Y
2nd
1,120
1,750
N
3rd
1,680
2,625
N
24-223(d)(2)
Noise from a construction site in excess of 85 dB(A) that is not within 200 feet of a residential receptor.
Stop operation of device causing exceedance.
1st
560
875
Y
2nd
1,120
1,750
N
3rd
1,680
2,625
N
24-223(d)(3)
Noise from a construction site in excess of 80 dB(A) within 200 feet of a residential receptor.
Stop operation of device causing exceedance.
1st
560
875
Y
2nd
1,120
1,750
N
3rd
1,680
2,625
N
24-223(d)(4)
Noise from street construction work in excess of 85 dB(A).
Stop operation of device causing exceedance.
1st
560
875
Y
2nd
1,120
1750
N
3rd
1,680
2,625
N
Violation of Stop Work Order.
Stop work and/or operation of device that is the cause of the stop work order.
1st
560
875
Y
2nd
1,120
1,750
N
3rd
1,680
2,625
N
Construction work not in compliance with noise mitigation plan
Stop construction work forthwith
1st
1,400
3,500
Y
2nd
2,800
7,000
N
3rd
4,200
10,500
N
Sell/offer/operate/per mit operation of refuse compacting vehicle producing excessive noise
Stop operation of compacting vehicle forthwith
1st
560
1,400
Y
2nd
1,120
2,800
N
3rd
1,680
4,200
N
Operate/cause operation of refuse compacting vehicle producing excessive noise (11PM to 7AM)
Stop operation of compacting vehicle forthwith
1st
700
1,400
Y
2nd
1,400
2,800
N
3rd
2,100
4,200
N
Operating air compressor without appropriate muffler w/no exhaust leaks
Stop operation of air compressor forthwith
1st
560
1,400
Y
2nd
1,120
2,800
N
3rd
1,680
4,200
N
Excessive noise from air compressor (measured @ 1 meter)
Stop operation of air compressor forthwith
1st
560
1,400
Y
2nd
1,120
2,800
N
3rd
1,680
4,200
N
Excessive noise from air compressor (measured @ receiving property)
Stop operation of air compressor forthwith
1st
560
1,400
Y
2nd
1,120
2,800
N
3rd
1,680
4,200
N
Noise from circulation device in excess of 42 dB(A)
Stop operation of circulation device forthwith
1st
560 (mitigation: 01)
875
Y
2nd
1,120
1,750
N
3rd
1,680
2,625
N
Cumulative impact from circulation device exceeded 45 dB(A)
Stop operation of circulation device forthwith
1st
560 (mitigation: 01)
875
Y
2nd
1,120
1,750
N
3rd
1,680
2,625
N
Failure to reduce cumulative impact from multiple circulation devices exceeding 50 dB(A)
Reduce cumulative impact noise from circulation device forthwith
1st
560 (mitigation: 01)
875
Y
2nd
1,120
1,750
N
3rd
1,680
2,625
N
Unreasonable noise from construction devices
Stop operation of construction device forthwith
1st
560
1,400
Y
2nd
1,120
2,800
N
3rd
1,680
4,200
N
Unreasonable noise from engine exhaust
Stop operation of engine exhaust forthwith
1st
560
875
Y
2nd
1,120
1,750
N
3rd
1,680
2,625
N
Unreasonable noise from handling/transporting of container or construction material
Stop handling and transportation of construction material forthwith
1st
560
1,400
Y
2nd
1,120
2,800
N
3rd
1,680
4,200
N
Operation/caused operation of paving breaker w/o pneumatic discharge muffler
Use paving breaker with pneumatic discharge muffler forthwith
1st
560
1,400
Y
2nd
1,120
2,800
N
3rd
1,680
4,200
N
Sold/offer for sale/operate/permit operation of paving breaker producing over 95 dB(A)
Stop operation of paving breaker forthwith
1st
560
1,400
Y
2nd
1,120
2,800
N
3rd
1,680
4,200
N
24-231(a)*
Made/caused/permitte d music from commercial establishment in excess of permitted levels
Cease operation of commercial music forthwith
1st
3,200
8,000
N
2nd
6,400
16,000
N
3rd
9,600
24,000
N
Violation of variance from limits set forth in 24-231(a)
Cease operation of commercial music forthwith
1st
560
875
N
2nd
1,120
1,750
N
3rd
1,680
2,625
N
Excessive noise from sound source @ commercial or business establishment
Stop operation of sound source forthwith
1st
560
1,400
N
2nd
1,120
2,800
N
3rd
1,680
4,200
N
Unreasonable noise: personal audio device
Stop operation of personal audio device forthwith
1st
70
175
Y
2nd
140
350
Y
3rd
210
525
N
24-233(b)(1)
Unreasonable noise – personal audio device (public right-of-way)
Stop operation of personal audio device forthwith
1st
140
175
Y
2nd
280
350
Y
3rd
420
525
N
24-233(b)(2)
Unreasonable noise – personal audio device (motor vehicle)
Stop operation of personal audio device forthwith
1st
140
350
Y
2nd
280
700
N
3rd
420
1,050
N
Excess noise from sound reproduction device on rapid transit (subway, bus, ferry)
Stop operation of sound reproduction device forthwith
1st
70
175
Y
2nd
140
350
Y
3rd
210
525
N
Permitting animal to cause unreasonable noise
Cease permitting animal to cause unreasonable noise forthwith
1st
70
175
Y
2nd
140
350
Y
3rd
210
525
Y
Excess noise from motor vehicles (10,000 lbs. or less)
Stop operating vehicle that causes excessive noise forthwith
1st
210
525
Y
2nd
420
1,050
N
3rd
840
1,575
N
Excess noise from motorcycles
Stop operating motorcycle that causes excessive noise forthwith
1st
880
1,440
Y
2nd
1,720
2,800
N
3rd
2,600
4,200
N
Excess noise from motor vehicles (10,000 lbs. or greater)
Stop operating vehicle that causes excessive noise forthwith
1st
880
1,440
Y
2nd
1,720
2,800
N
3rd
2,600
4,200
N
Non-emergency use of compression brake system
Stop using compression brake for non-emergencies forthwith
1st
880
1,440
Y
2nd
1,720
2,800
N
3rd
2,600
4,200
N
Unauthorized use of motor vehicle claxon
Cease use of claxon forthwith
1st
350
1,000
Y
2nd
700
2,000
Y
3rd
1,050
3,000
N
Unauthorized use of motor vehicle air horn/gong
Cease use of air horn forthwith
1st
350
875
Y
2nd
700
1,750
Y
3rd
1,050
2,625
N
Unauthorized use of steam whistle
Cease use of steam whistle forthwith
1st
350
875
Y
2nd
700
1,750
Y
3rd
1,050
2,625
N
Improper use of sound signal device (food vendor)
Cease use of sound signal device forthwith
1st
350
1,000
Y
2nd
700
2,000
Y
3rd
1,050
3,000
Y
Improper audible burglar alarm/no automatic termination
Cease use of burglar alarm forthwith
1st
280
700
Y
2nd
560
1,400
Y
3rd
840
2,100
N
Audible status indicator on motor vehicle in operation
Cease use of status indicator forthwith
1st
280
700
Y
2nd
560
1,400
Y
3rd
840
2,100
N
Vehicle owner failure to display owner’s local precinct number
Display local precinct number forthwith
1st
100
350
Y
2nd
200
700
Y
3rd
300
1,050
N
Unauthorized use of emergency signal device
Cease use of signal device
1st
440
1,400
Y
2nd
880
2,800
N
3rd
1,320
4,200
N
Failed to file certification regarding test of emergency signal device
File certification forthwith
1st
440
1,400
Y
2nd
880
2,800
N
3rd
1,320
4,200
N
Operating lawn care devices at unauthorized times or so as to create unreasonable noise
Stop operation of lawn care device forthwith
1st
220
875
Y
2nd
440
1,750
Y
3rd
660
2,625
Y
Operation of leaf blower without muffler
Stop operation of lawn care device forthwith
1st
220
875
Y
2nd
440
1,750
Y
3rd
660
2,625
Y
Unreasonable noise from sound reproduction device
Cease operation of sound reproduction device forthwith
1st
440
1,750
Y
2nd
880
3,500
N
3rd
1,320
5,250
N
Unreasonable noise from sound reproduction device for commercial/bus. advert. Purposes
Cease operation of sound reproduction device forthwith
1st
700
1,750
N
2nd
1,400
3,500
N
3rd
2,100
5,250
N
Failure to have operating certificate or tunneling permit
Obtain permit forthwith
1st
1,050
2,625
N
2nd
2,100
5,250
N
3rd
3,150
7,875
N
24-257(b)(7)
Breaking of Board ordered seal
Cease tampering with seal - forthwith
1st
1,600
4,000
N
2nd
1,600
4,000
N
3rd
2,480
4,000
N
15 RCNY
§ 28-100
Failed To Conspicuously Post an Accurate and Complete Construction Noise Mitigation Plan (CNMP)
Post complete Plan forthwith
1st
220
875
Y
2nd
440
1,750
N
3rd
660
2,625
N
15 RCNY
§ 28-101(a)
Failed To Self-Certify Equipment Maintenance in CNMP
Certify equipment forthwith
1st
220
875
Y
2nd
440
1,750
N
3rd
660
2,625
N
15 RCNY
§ 28-101(a)
Failed to Exercise Noise Mitigation Option Within 5 Business Days of Construction Tool Exceeding Noise Standard
Replace tool with equipment that complies with noise standard forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-101(b)
Failed to Equip Construction Equipment with Noise Reduction Device
Equip construction equipment with noise reduction device
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-101(c)
Failed to Mitigate Noise From Internal Combustion Engine
Mitigate noise from internal combustion engine forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-101(d)
Failed to Cover Compressors/Generat ors/Pumps with Noise-Insulating Fabric
Cover compressor with noise insulating fabric forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-101(g)
Failed to Use Perimeter Noise Barriers
Use noise perimeter barriers forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-101(h)
Failed to Create and Utilize Noise Mitigation Training Program
Create and utilize training program forthwith
1st
220
875
Y
2nd
440
1,750
N
3rd
660
2,625
N
15 RCNY
§ 28-101(i)
Failed to Coordinate Work Schedule with Sensitive Facility Receptor
Coordinate work schedule forthwith
1st
220
875
Y
2nd
440
1,750
N
3rd
660
2,625
N
15 RCNY
§ 28-101(j)
Failure to Comply with CNMP or File Alternative Plan w/in 3 Days of Inspection
Comply with CNMP or file Alternative Plan forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-101(l)
Failed to Utilize Temporary Barrier
Use temporary barrier forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-101(m)
Failed to Utilize Noise Barrier on Sandblasting Perimeter Barrier
Use noise barrier forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(1)(B)(ii)
Failed to Use Specified Pile Driver When Working w/in 100 ft. of Receptor
Use specified pile driver forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(1)(B)(iii)
Failed to Equip Pile Driver w/Exhaust Muffler
Equip pile driver with muffler forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(1)(B)(v)
Failed to Pre-Augur/Pre-Trench Pile Holes
Pre-augur/pretrench holes forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(1)(B)(vi)
Failed to Properly Secure Impact Cushions to Piles
Secure cushions to piles forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(1)(C)(i)-(iv)
Failed to Properly Construct Portable Noise Barrier
Construct portable noise barrier forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(2)(B)(iii)
Failed to Equip Jackhammer With Effective Muffler
Equip jackhammer with muffler forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(2)(C)(i)
Failed to Properly Construct Portable Noise Barrier
Properly construct portable barrier forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(2)(C)(ii)
Exceeded Maximum Height of 15 Feet for Free-Standing Barrier
Reduce barrier height to 15 Feet forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(2)(C)(iii)(b)
Failed to Use Multiple Tents for Multiple Jackhammers
Use multiple tents forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(2)(C)(iii)(c)
Failed to Move Noise Tents as Jackhammer Work Progresses
Move tents forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(2)(C)(iii)(d)
Failed to Use Double Layer of Mitigation During Emergency Jackhammering w/in 500 ft. of Residential Receptor
Use double layer of mitigation forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(2)(C)(iii)(e)
Failed to Use Tents on Either Side of Jackhammer Where Surrounded by Receptors
Use tents forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(3)(B)(iii)
Failed to Wrap Noise Shroud Around Head of Hoe Ram w/in 200 ft. of Receptor
Use wrap shroud forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(3)(C)(i-iv)
Failed to Properly Construct Portable Noise Barrier
Construct proper noise barrier forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(4)(C)(i)
Failed to Lay Heavy Rubber Blast Mats Over Blast Site
Lay heavy mats forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(a)(4)(C)(ii-iii)
Failed to Properly Construct Portable Noise Barrier
Construct proper noise barrier forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(b)(1)(B)(iv)
Failed to Cover Vac-Truck’s Suction Component w/Noise-Reducing Enclosure
Cover vac truck with noise reducing enclosure forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(b)(1)(C)(i-iv)
Failed to Properly Construct Portable Noise Barrier
Construct proper noise barrier forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(c)(1)(B)(ii)
Failed to Install Bed Liner
Install bed liner forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(c)(1)(B)(v)
Failed to Equip Truck with Effective Muffler
Equip truck with effective muffler forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(c)(1)(B)(vii)
Failed to Keep Housing Doors Closed During Engine Operation
Close housing doors during engine operation forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(c)(1)(C)(i)-(iii)
Failed to Properly Construct Portable Noise Barrier
Construct proper noise barrier forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(d)(1)(B)(v)
Failed to Equip Crane with Effective Muffler
Equip crane with effective muffler forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(d)(2)(B)(i)
Failed to Equip Auger Drill Rig with Effective Muffler
Equip auger drill with effective muffler forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(d)(2)(B)(ii)
Failed to Lubricate All Moving Parts of Auger Drill Rig
Lubricate all moving parts of auger drill forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(d)(2)(B)(iii)
Failed to Properly Clear Debris From Drill Bits
Clean all debris from drill bits forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(d)(2)(C)(i)-(iv)
Failed to Properly Construct Portable Noise Barriers
Construct proper noise barrier forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(d)(3)(A)(i)
Failed to Properly Install Street Plates
Properly install street plates forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(d)(4)(A)(i)(a)-(c)
Failed to Equip Work Vehicles with Proper Backup Alarms
Equip work vehicles with proper backup alarm forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(d)(4)(B)(ii)-(iv)
Failed to Properly Construct Portable Noise Barriers
Construct proper noise barrier forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(e)(1)(C)(i)-(iii)
Failed to Properly Construct Portable Noise Barriers
Construct proper noise barrier forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(e)(1)(C)(iv)
Failed to Use Multiple Tents During Use of Multiple Concrete Saws
Use multiple tents forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(e)(1)(C)(v)
Failed to Move Noise Tent As Concrete Saw Work Progressed
Move tents forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(e)(1)(C)(vi)
Failed to Use Double Layer of Mitigation for Noise Barrier During Emergency Concrete Sawing within 500 ft. of Residential Receptor
Use double layer of mitigation forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-102
(e)(1)(C)(vii)
Failed to Use Two Tents on Either Side of Saw When Surrounded by Receptors
Use two tents on either side of saw forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-104
Failed to File Alternative Noise Mitigation Plan (ANMP)
File ANMP forthwith
1st
220
875
Y
2nd
440
1,750
N
3rd
660
2,625
N
15 RCNY
§ 28-105
Failed to Conspicuously Post Utility Noise Mitigation Plan (UNMP)
Conspicuously post UNMP forthwith
1st
220
875
Y
2nd
440
1,750
N
3rd
660
2,625
N
15 RCNY
§ 28-106(a)
Failed to Self-Certify Equipment Maintenance in UNMP
Certify equipment forthwith
1st
220
875
Y
2nd
440
1,750
N
3rd
660
2,625
N
15 RCNY
§ 28-106(a)
Failed to Exercise Noise Mitigation Option within 5 Days of Construction Tool Exceeding Noise Standard
Replace tool with equipment that complies with noise standard forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-106(b)
Failed to Equip Construction Tool with Noise Reduction Device
Equip tool with noise reduction device
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-106(c)
Failed to Comply with Additional Noise Mitigation Measures for Specialized Vehicles
Use additional noise mitigation measures for specialized trucks forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-106(d)
Failed to Cover Equipment with Noise-Insulating Fabric
Cover equipment with noise insulating fabric forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-106(h)
Failed to Properly Install and Secure Street Plates
Properly install street plates forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
15 RCNY
§ 28-106(i)
Failed to Notify Residents within 200 Feet of Construction Activity
Notify residents forthwith
1st
220
875
Y
2nd
440
1,750
N
3rd
660
2,625
N
15 RCNY
§ 28-106(j)
Failed to Respond to Noise Complaints/Notice from DEP
Respond to notice forthwith
1st
220
875
Y
2nd
440
1,750
N
3rd
660
2,625
N
15 RCNY
§ 28-106(l)
Failed to Create and Utilize Noise Mitigation Training Program
Create and utilize training program forthwith
1st
220
875
Y
2nd
440
1,750
N
3rd
660
2,625
N
15 RCNY
§ 28-106(m)
Failed to Coordinate Work Schedule with Sensitive Receptor Owner
Coordinate work schedule forthwith
1st
220
875
Y
2nd
440
1,750
N
3rd
660
2,625
N
15 RCNY
§ 28-106(n)
Failed to Correct Excessive Noise Condition/File ANMP
Correct excessive noise and/or file ANMP forthwith
1st
440
875
Y
2nd
880
1,750
N
3rd
1,320
2,625
N
 
(Added City Record 2/22/2017, eff. 3/24/2017; amended City Record 5/8/2017, eff. 6/7/2017; amended City Record 9/5/2018, eff. 10/5/2018)