Section 24-204
§ 24-204 General powers of the commissioner. (a) 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
unreasonable or prohibited 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.
(b) The commissioner shall promulgate such rules as are necessary to
effectuate the purposes of this code, including, without limitation,
rules setting forth specifications for the operation, installation, best
available technology, or manufacture of sound generating equipment or
devices, or sound mitigation equipment or devices.
(c) The commissioner shall promulgate such rules as are necessary with
regard to standards and procedures to be followed in the measurement of
sound pressure levels governed by the provisions of this code, provided
that such standards and procedures are substantially in compliance with
any similar standards and procedures promulgated by the American
National Standards Institute, International Standards Organization,
Society of Automotive Engineers, Compressed Air and Gas Institute,
American Society of Heating, Refrigeration, and Air Conditioning
Engineers, American Refrigeration Institute or any generally recognized
professional standard-setting organization.
(d) The police department, as well as other agencies of the city
designated by the commissioner, shall have the authority to enforce the
provisions of this code and police officers and designated employees of
the department and of such other city agencies shall have the power to
issue summonses, appearance tickets and notices of violation for
violations of this code.
Section 24-205
§ 24-205 Investigations and studies by the commissioner. (a) 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 unreasonable or prohibited 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.
(b) The commissioner shall study and propose strategies to control
and/or reduce sound levels associated with airports, rapid transit and
railroad operations and within twenty-four months of the effective date
of this section shall report to the mayor his or her findings and
recommendations, specifically identifying those recommendations that may
only be implemented through state or federal legislation or rules.
(c) The commissioner, in conjunction with the police department, shall
study noise abatement strategies for audible motor vehicle burglar
alarms and within twenty-four months of the effective date of this
section shall report to the mayor his or her findings and
recommendations.
(d) The commissioner, in conjunction with the police department, shall
study on an ongoing basis emerging technology in acoustical measurement
and shall periodically report to the mayor his or her findings and
recommendations regarding the testing and potential use of equipment for
enforcement of this code. In conjunction with such study, the
commissioner may issue a request for expressions of interest to
determine new and emerging technological solutions for accurate and
efficient measurement of sounds as enumerated in this code.
(e) The commissioner shall study the impact of motor vehicle back-up
warning devices installed on motor vehicles on ambient sound levels and
within twenty-four months of the effective date of this section shall
report to the mayor his or her findings and recommendations,
specifically identifying those recommendations that may only be
implemented through state or federal legislation.
Section 24-206
§ 24-206 Testing by order of the commissioner. (a) If the commissioner
has reasonable cause to believe that any device is in violation of this
code, the commissioner may order the owner of the device to conduct such
tests as are necessary in the opinion of the commissioner to determine
whether the device or its operation is in violation of this code and to
submit the test results to the commissioner within ten days after the
tests are completed.
(b) Such tests shall be conducted in a manner approved by the
commissioner. If any part of the test is conducted at a place other than
the site where the device is located, that part of the test shall be
certified by a laboratory acceptable to the commissioner. The
commissioner may require that the entire test results shall be reviewed
and certified by (i) a professional engineer with acoustical experience
as specified in the rules of the department or (ii) a noise consultant
with qualifications of education and/or acoustical experience as set
forth in the rules of the department.
(c) If in the opinion of the commissioner, tests by the department are
necessary, the commissioner may order the owner to provide such access
to the device as the commissioner may reasonably request, to provide a
power source suitable to the points of testing, and to provide allied
facilities, exclusive of sound level meter. These provisions shall be
made at the expense of the owner of the device. The owner shall be
furnished with copies of the analytical results of the data collected.
(d) If after the analysis of such testing, it is determined by the
commissioner that such device or devices generate sound levels that
exceed the limits of this code, the commissioner may make
recommendations for modifications and/or mitigation measures to bring
such device or devices into compliance.
(e) The commissioner may issue a separate notice of violation for
every 24-hour period of noncompliance with the orders of the
commissioner issued pursuant to this section.
Section 24-207
§ 24-207 Inspection. (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.
Section 24-208
§ 24-208 Registrations. (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.
Section 24-209
§ 24-209 Interfering with or obstructing department personnel. No
person shall interfere with or obstruct the commissioner or any
department employee in carrying out any duty for the commissioner or the
board.
Section 24-210
§ 24-210 False and misleading statements; unlawful reproduction or
alteration of documents. (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.
Section 24-211
§ 24-211 Display of permits and certificates. 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.
Section 24-212
§ 24-212 Enforcement of code by other than compulsory means. Nothing
in this code shall prevent the commissioner from making efforts to
obtain voluntary compliance by way of warning, notice or educational
means. However, such noncompulsory methods need not be used before
proceeding by way of compulsory enforcement.
Section 24-213
§ 24-213 Service of papers. (a) Service of any written notice, order
or decision required by this code shall be made on the owner as follows:
(1) Either by mailing the notice, order or decision directed to the
owner of the device at the address listed in his or her application,
tunneling permit or operating certificate or at the address where the
device is located; or
(2) By leaving the notice, order or decision with the owner of the
device, or if the owner is not an individual, with a member of the
partnership or group concerned or with an officer or managing agent of
the corporation.
(b) Service of any written notice, order or decision required by this
code shall be made on a person:
(1) Either by mailing the notice, order or decision directed to the
person at his or her principal place of business or home address; or
(2) By leaving the notice, order or decision with the person, or if
the person is not an individual, with a member of the partnership or
group concerned, or with an officer or managing agent of the
corporation.
(c) Service of any written notice required by this code shall be made
on the department, commissioner or board as follows:
(1) Either by mailing the notice to the commissioner; or
(2) By leaving the notice at the department or with an employee of the
department designated for this purpose.
Section 24-214
§ 24-214 Inconsistent provisions. Insofar as the provisions of this
code are inconsistent with any provision of any other title of the code,
or any rule or regulation of any governmental agency of the city of New
York, the provisions of this code shall be controlling.
Section 24-216
§ 24-216 Noise abatement contract compliance. (a) (1) Contract. As
used in this section, the term "contract" means any written agreement,
purchase order or instrument whereby the city is committed to expend or
does expend funds authorized by the capital budget of the city of New
York in return for work, labor, services, supplies, equipment,
materials, or any combination of the foregoing; however, the term
"contract" shall not include:
(i) contracts for financial or other assistance made with a
government;
(ii) contracts, resolutions, indentures, declarations of trust, or
other instruments authorizing or relating to the authorization,
issuance, award and sale of bonds, certificates of indebtedness, notes
or other fiscal obligations of the city, or consisting thereof;
(iii) employment by the city of officers and employees of the city.
(2) Contracting agency. As used in this section, the term "contracting
agency" means any board, bureau, department, commission or other agency
of the government of the city of New York, or any official thereof, who
or which is authorized to and does, on behalf of the city, provide for,
enter into, award or administer contracts or any other public agency
which enters into, awards or administers contracts pursuant to which
funds authorized by the capital budget of the city of New York are
expended.
(b) Contract provisions. No contract shall be awarded or entered into
by a contracting agency, unless such contract contains provisions
requiring that:
1. Devices and activities which will be operated, conducted,
constructed or manufactured pursuant to the contract and which are
subject to the provisions of the code will be operated, conducted,
constructed or manufactured without causing a violation of the code; and
2. Such devices and activities incorporate advances in the art of
noise control developed for the kind and level of noise emitted or
produced by such devices and activities.
(c) Regulations. The commissioner may from time to time promulgate
regulations setting forth such specifications for the operation,
conducting, construction or manufacture of devices and activities
pursuant to city contracts as he or she deems necessary to comply with
the provisions of this section.
(d) No person shall cause or permit the operation of a device or
conducting of an activity in such a way as to violate any provision of a
contract required by this section or any regulation promulgated pursuant
to this section.
(e) No regulations promulgated pursuant to this section shall alter
the terms, conditions and specifications of a contract for which bids
have been opened, at the time of issuance of such regulation.
Section 24-217
§ 24-217 Exemptions. 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.
Section 24-217.1
§ 24-217.1 Measurements. 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.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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