Int. No. 376-A
By Council Members Michels, Eldridge, Freed, Sabini, Leffler, Horwitz, Marshall, McCabe and White (by request of the Mayor); also Council Members Fields, Foster, Harrison, O'Donovan and Robinson.
A LOCAL LAW
To amend the administrative code of the city of New York and to repeal sections 24-219 and 24-231 of the administrative code of the city of New York, in relation to restrictions on noise.
Be it enacted by the Council as follows:
Section 1. Section 24-202 of the administrative code of the city of New York is amended to read as follows:
§24-202 Declaration of policy. It is hereby declared to be the public policy of the city to reduce the ambient noise level in the city, so as to preserve, protect and promote the public health, safety and welfare, and the peace and quiet of the inhabitants of the city, prevent injury to human, plant and animal life and property, foster the convenience and comfort of its inhabitants, and facilitate the enjoyment of the natural attractions of the city. It is 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. It is hereby declared that the making, creation or maintenance of excessive and [unnecessary] 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. For the purpose of controlling and reducing such noises, it is hereby declared to be the policy of the city to set the [unnecessary] unreasonable noise standards and decibel levels contained herein and to consolidate certain of its noise control legislation into this code. The necessity for legislation by enactment of the provisions of this chapter is hereby declared as a matter of legislative determination.
This code shall be liberally construed so as to effectuate the purposes described in this section. Nothing herein shall be construed to abridge the emergency powers of the board of health or the right of the department of health to engage in any of its necessary or proper activities. Nothing herein shall abridge the powers and responsibilities of the police department to enforce the provisions of this code.
§2. Subdivision aaa of section 24-203 of such code is amended to read as follows:
aaa. [Unnecessary] Unreasonable noise means any excessive or unusually loud sound [or any sound which either annoys,] that disturbs[,] the peace, comfort or repose of a reasonable person of normal sensitivities or injures or endangers the [comfort, repose,] health [, peace] or safety of a reasonable person of normal sensitivities, or which causes injury to plant or animal life, or damage to property or business.
§3. Section 24-204 of such code is amended to read as follows:
§24-204 General powers of the commissioner. Subject to the provisions of this code, the commissioner may take such action as may be necessary to abate a sound source which causes or may cause, by itself or in combination with any other sound source or sources, an [unnecessary] unreasonable noise. The commissioner may exercise or delegate any of the functions, powers and duties vested in him or her or in the department by this code.
§4. Section 24-205 of such code is amended to read as follows:
§24-205 Investigations and studies by the commissioner. The commissioner may make or cause to be made any investigation or study which in his or her opinion is desirable for the purpose of enforcing this code or controlling or abating an [unnecessary] unreasonable noise. For such purposes, the commissioner may make tests, conduct hearings, compel the attendance of witnesses, and take their testimony under oath and may compel the production of books, papers and other things reasonably necessary to the matter under consideration.
§5. Subdivisions a and b of section 24-207 of such code are amended to read as follows:
(a) The department may inspect at any reasonable time and in a reasonable manner any device which creates or may create [unnecessary] unreasonable 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 [unnecessary] unreasonable noise.
§6. Section 24-218 of such code is amended to read as follows:
§24-218 General Prohibitions. No person shall make, continue or cause or permit to be made or continued any [unnecessary] unreasonable noise, except that this section shall not apply to any sound from any source where the decibel level of such sound is within the limits prescribed by another section of this title and where there is compliance with all other applicable requirements of law with respect to such sound.
§7. The title of subchapter 4 of chapter 2 of title twenty-four of such code is amended to read as follows:
PROHIBITED NOISE
[UNNECESSARY] UNREASONABLE NOISE STANDARD
§8. Section 24-219 of such code is REPEALED.
§9. Subdivision a of section 24-220 of such code is amended to read as follows:
(a) Except as 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 any [unnecessary] unreasonable noise.
§10. The introductory paragraph of section 24-221 of such code is amended to read as follows:
No person shall operate or use or cause to be operated or used any sound signal device so as to create an [unnecessary] unreasonable noise, except that:
§11. Section 24-222 of such code is amended to read as follows:
§24-222 Animals. No person shall permit an animal, including a bird, under his or her control to cause [unnecessary] unreasonable noise.
§12. Section 24-223 of such code is amended to read as follows:
§24-223 Emergency signal devices. No person shall operate or use or cause to be operated or used any emergency signal device, except on an authorized emergency vehicle when such vehicle is in the immediate act of responding to an emergency; provided that such device shall not be operated so as to create an [unnecessary] unreasonable noise nor for a period of time longer than is strictly necessary to respond to such emergency.
§13. Section 24-225 of such code is amended to read as follows:
§24-225 Construction devices. Except as provided in subchapter five of this chapter of this code, no person shall operate or use or cause to be operated or used a construction device in such a way as to create an [unnecessary] unreasonable noise.
§14. Section 24-226 of such code is hereby amended to read as follows:
§24-226 Containers and construction material. No person shall handle or transport or cause to be handled or transported in any public place, any container or any construction material in such a way as to create an [unnecessary] unreasonable noise.
§15. Section 24-227 of such code is amended to read as follows:
§24-227 Exhausts. Except as otherwise provided in this code, no person shall cause or permit discharge into the open air of the exhaust of any device, including but not limited to any steam engine, diesel engine, internal combustion engine or turbine engine, so as to create an [unnecessary] unreasonable noise.
§16. Section 24-228 of such code is amended to read as follows:
§24-228 Schools, hospitals, courts. No person shall cause or permit the creation of any [unnecessary] unreasonable noise through the use of any device on any street adjacent to any school or court while the same is in session, or adjacent to any hospital.
§17. Subdivision a of section 24-229 of such code is amended to read as follows:
(a) Whenever the protection of the public health and comfort so requires, the commissioner and the board of health may by joint order designate any geographical area of the city of New York as a noise sensitive zone. Such designation shall be accompanied by a joint administrative order setting forth a description of the subject geographical area, the reasons for its determination as a noise sensitive zone, and shall list those activities which if undertaken in such zone, would constitute [unnecessary] unreasonable noise. Such order shall be published in the City Record at least five days but not more than ten days prior to its effective date, and shall be effective for a period of not more than sixty days, renewable for additional periods of sixty days.
§18. Section 24-231 of such code is REPEALED.
§19. Paragraph 3 of subdivision a of section 24-247 of such code is amended to read as follows:
(3) The proposed means, if any, for the prevention or control of [unnecessary] unreasonable noise.
§20. Paragraph 3 of subdivision b of section 24-247 of such code is amended to read as follows:
(3) The proposed means for the prevention of [unnecessary] unreasonable noise.
§21. Paragraph 2 of subdivision b of section 24-248 of such code is amended to read as follows:
(2) The motor vehicles employed in such tunneling will be routed at such times of day and such routes as not to cause [unnecessary] unreasonable noise; and
§22. Paragraph 1 of subdivision f of section 24-257 of such code is amended to read as follows:
(f)(1) The board may order any person to cease and desist from an activity which it reasonably believes causes [unnecessary] unreasonable noise which creates imminent peril to the public health and well being, or to cease and desist from an activity which it reasonably believes constitutes a wilful or continued violation of any provision of this code or order or regulation, promulgated by the commissioner or board. Such order shall be effective upon service thereof. Any party affected by such an order may request a hearing on written notice, and he or she shall be afforded a hearing, within twenty-four hours after service of such request, pursuant to section 24-263 of this code. If such an accelerated hearing is not requested, then a hearing shall be afforded within ten days of the issuance of the order. The board shall issue its final decision and order thereon within three days from the conclusion of a hearing held pursuant to this subdivision.
§23. This local law shall take effect immediately.