Section 24-225
§ 24-225 Refuse collection vehicles. (a) No person shall sell, offer
for sale, operate or permit to be operated a refuse collection vehicle,
equipped with a compacter, that produces a maximum sound level when the
compacting mechanism is in the compacting cycle but not engaged in
compacting a load that exceeds 80 dB(A), when measured by a sound level
meter set for slow response at a distance of 35 feet or more from the
compacting unit.
(b) It shall be unlawful to operate or cause to be operated a refuse
collection vehicle, including such a vehicle equipped with a compacter,
within 50 feet of any residential receiving property at or after 11:00
p.m. and before 7:00 a.m. if the aggregate sound, not including
impulsive sound, generated by the collection and compacting activities
exceeds 85 dB(A) when measured by a sound level meter set to slow
response at a distance of 35 feet or more from the vehicle. On and after
July 1, 2012 such aggregate sound shall not exceed 80 dB(A). The
provisions of this subdivision shall not apply to the operation of
refuse collection vehicles during an emergency such as a storm or other
event that causes delays in refuse collection.
Section 24-226
§ 24-226 Air compressors. (a) No person shall operate or cause to be
operated an air compressor unless it is equipped with an appropriate
muffler with no exhaust leaks.
(b) No person shall sell, offer for sale for use within the city of
New York, or operate or permit to be operated an air compressor that,
when operated, produces a maximum sound level, when measured at a
distance of one meter or more from the nearest major surface of such air
compressor, exceeding 80 dB(A) for sizes greater than 350 cfm or
exceeding 75 dB(A) for sizes 350 cfm or less.
(c) Except for construction work outside the property line on a public
right-of-way, no person shall operate or permit to be operated an air
compressor so as to generate sound levels in excess of 75 dB(A) as
measured at any receiving property.
Section 24-227
§ 24-227 Circulation devices. (a) No person shall operate or permit to
be operated a circulation device in such a manner as to create a sound
level in excess of 42 dB(A) when measured inside a receiving property
dwelling unit. The measurement shall be taken with the window or terrace
door open at a point three feet from the open portion of the window or
terrace door.
(b) On and after the effective date of this section, when a new
circulation device is installed on any building lot or an existing
device on any building lot is replaced, the cumulative sound from all
circulation devices on such building lot owned or controlled by the
owner or person in control of the new device being installed or the
existing device being replaced shall not exceed 45 dB(A), when measured
as specified in subdivision a of this section. For a period of two years
after the effective date of this section, this subdivision shall not
apply to the replacement of a circulation device that was installed on
any building lot prior to the effective date of this section by a device
of comparable capacity.
(c) Except as otherwise provided in subdivision b of this section,
with respect to circulation devices installed on any building lot prior
to the effective date of this section, the sound level limit of 42 dB(A)
referred to in subdivision a of this section shall apply to each
individual device except that if the cumulative sound from all devices
owned or controlled by the same person on a building lot exceeds 50
dB(A), when measured as specified in subdivision a of this section, the
commissioner may order the owner or person in control of such devices to
achieve a 5 dB(A) reduction in such cumulative sound level within not
more than 12 months after the issuance of such order.
Section 24-228
§ 24-228 Construction, exhausts and other devices. (a) No person shall
operate or use or cause to be operated or used a construction device or
combination of devices in such a way as to create an unreasonable noise.
For the purposes of this section unreasonable noise shall include but
shall not be limited to sound that exceeds the following prohibited
noise levels:
(1) Sound, other than impulsive sound, attributable to the source or
sources, that exceeds 85 dB(A) as measured 50 or more feet from the
source or sources at a point outside the property line where the source
or sources are located or as measured 50 or more feet from the source or
sources on a public right-of-way.
(2) Impulsive sound, attributable to the source, that is 15 dB(A) or
more above the ambient sound level as measured at any point within a
receiving property or as measured at a distance of 15 feet or more from
the source on a public right-of-way. Impulsive sound levels shall be
measured in the A-weighting network with the sound level meter set to
fast response. The ambient sound level shall be taken in the A-weighting
network with the sound level meter set to slow response.
(b) Where a particular sound source or device is subject to decibel
level limits and requirements specifically prescribed for such source or
device elsewhere in this code, such specific decibel limits shall apply
to such device or source. However, if aggregate sound levels from a
construction site exceed the limits set forth in this section,
compliance with such specific decibel limits shall not be a defense in
any proceeding relating to a violation of this section.
Section 24-228.1
§ 24-228.1 Exhausts. 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, power
tools, compressors or turbine engine, so as to create an unreasonable
noise. For the purposes of this section unreasonable noise shall
include but shall not be limited to sound that exceeds the prohibited
noise levels set forth in section 24-228.
Section 24-229
§ 24-229 Containers and construction material. (a) No person shall
handle or transport or cause to be handled or transported on any public
right-of-way any container or any construction material in such a way as
to create an unreasonable noise. For the purposes of this section
unreasonable noise shall include but shall not be limited to the
following prohibited noise levels:
(1) Sound, other than impulsive sound, attributable to the source
measured at a level of 10 dB(A) or more above the ambient sound level,
as measured at any point within a receiving property or as measured at a
distance of 15 feet or more from the source on a public right-of-way.
(2) Impulsive sound, attributable to the source, measured at a level
of 15 dB(A) or more above the ambient sound level, as measured at any
point within a receiving property or as measured at a distance of 15
feet or more from the source on a public right-of-way. Impulsive sound
levels shall be measured in the A-weighting network with the sound level
meter set to fast response. The ambient sound level shall be taken in
the A-weighting network with the sound level meter set to slow response.
(b) This section shall not apply to the operation of refuse collection
vehicles regulated pursuant to section 24-225.
Section 24-230
§ 24-230 Paving breakers. (a) No person shall operate or cause to be
operated a paving breaker, other than one operated electrically or
hydraulically, unless a pneumatic discharge muffler certified by the
manufacturer of such muffler to provide a dynamic insertion loss of 5
dB(A) of the sound released from the air discharge of such paving
breaker is installed on such air discharge.
(b) No person shall sell, offer for sale for use within the city of
New York, operate or permit to be operated a paving breaker that when
operated produces a maximum sound level that exceeds 95 dB(A), when
measured at a distance of one meter or more from a face of such paving
breaker.
Section 24-231
§ 24-231 Commercial music. (a) No person shall make or cause or permit
to be made or caused any music originating from or in connection with
the operation of any commercial establishment or enterprise when the
level of sound attributable to such music, as measured inside any
receiving property dwelling unit:
(1) is in excess of 42 dB(A) as measured with a sound level meter; or
(2) is in excess of 45 dB in any one-third octave band having a center
frequency between 63 hertz and 500 hertz (ANSI bands numbers 18 through
27, Inclusive), in accordance with American National Standards Institute
standard S1.6-1984; or
(3) causes a 6 dB(C) or more increase in the total sound level above
the ambient sound level as measured in decibels in the "C" weighting
network provided that the ambient sound level is in excess of 62 dB(C).
(b)(1) The commissioner may recommend to the board that there shall be
no civil penalty imposed for a first violation of this section if,
within 30 days after the issuance of such violation or, if applicable,
within the time granted by the commissioner pursuant to paragraph two of
this subdivision, the respondent admits liability for the violation and
files a certification with the department in a form and manner and
containing such information and documentation as shall be prescribed in
the department's rules that (i) permanent improvements or modifications
have been made to the establishment, including but not limited to the
installation of appropriate sound insulation, isolators, suspension
mounting and/or sound mitigation devices or materials and (ii)
appropriate sound measurements taken in accordance with the department's
rules substantiate that the establishment is in full compliance with the
sound levels set forth in this section. If the commissioner accepts such
certification of compliance, he or she shall recommend to the board that
no civil penalty shall be imposed for the violation. Such violation may
nevertheless serve as a predicate for purposes of imposing penalties for
subsequent violations of this section.
(2) Where the completion of appropriate permanent improvements or
modifications and testing within 30 days after the issuance of the
violation would cause the respondent undue hardship, the respondent may
apply to the commissioner for additional time to submit an appropriate
certification of compliance, but not more than 30 days. Application for
such additional time must be submitted to the commissioner within 30
days after the issuance of the violation along with an admission of
liability and appropriate documents in support of the claim of undue
hardship.
(3) Nothing in this subdivision shall be construed to prohibit
enforcement personnel from issuing additional notices of violation,
summonses or appearance tickets where sound levels exceed the limits set
forth in subdivision a of this section during the periods of time set
forth in paragraphs one and two of this subdivision for submission of a
certification of compliance for a first violation.
(c) In any proceeding under this section it shall be an affirmative
defense that the receiving property dwelling unit was not lawfully
occupied at the time of the violation.
(d) The commissioner may grant a variance from strict application of
the limits set forth in subdivision (a) of this section for a commercial
establishment or enterprise that was in operation at the same site prior
to the date of enactment of the local law that added this section if he
or she finds that there are practical difficulties or unnecessary
hardship in the application of such provisions in the specific case,
provided that as a condition to the grant of any such variance,
sufficient evidence or data is submitted by an applicant that there are
physical conditions or zoning district conditions, including
irregularity in lot size characteristics and zoning changes, and that as
a result of such physical or zoning district conditions, practical
difficulties or unnecessary hardship arise in complying with such
provisions. In granting a variance the commissioner may impose such
terms and conditions as he or she deems necessary to carry out the
intent of this section to minimize noise emissions from the site.
Application for a waiver shall be submitted in such form and manner as
shall be provided by rules of the department and shall include in detail
proposed measures which the applicant proposes will minimize sound from
the site. A variance granted pursuant to this subdivision shall not be
transferable but shall expire upon a change in ownership, size or
location of the commercial establishment or enterprise in accordance
with the rules of the department. Violation of the conditions of any
variance shall be deemed to be a violation of this section.
Section 24-232
§ 24-232 Allowable decibel levels-octave band measurement. (a) No
person shall cause or permit a sound source operating in connection with
any commercial or business enterprise to exceed the decibel levels in
the designated octave bands shown below as measured within a receiving
property as specified therein.
Octave Band Maximum Sound Pressure Levels (dB) as measured
within a receiving property as specified below
____________________________________________________
Frequency (Hz) Residential receiving Commercial receiving
property for mixed use property (as measured
buildings and residential within any room
buildings (as measured containing offices
within any room of the within the building
residential portion of the with windows open,
building with windows open, if possible).
if possible).
________________________________________________________________________
31.5 70 74
________________________________________________________________________
63 61 64
________________________________________________________________________
125 53 56
________________________________________________________________________
250 46 50
________________________________________________________________________
500 40 45
________________________________________________________________________
1000 36 41
________________________________________________________________________
2000 34 39
________________________________________________________________________
4000 33 38
________________________________________________________________________
8000 32 37
________________________________________________________________________
(b) All sources that are within the A-scale limits prescribed by any
other section of this code must also comply with the octave band decibel
levels as specified herein. Compliance with this section does not
constitute a defense to violation of decibel limits set by any other
section of this code.
(c) Measurements performed on residential property shall not be taken
in non-living areas such as closets and crawlspaces.
(d) This section shall not apply to impulsive sound, music or
construction devices or activities.
(e) This section shall not apply to any utility structure in existence
prior to January 1, 2004. For the purposes of this subdivision the term
"utility structure" means any electric substation owned or operated by
an electric, gas, or steam utility subject to the jurisdiction of the
New York state public service commission.
(f) This section shall not apply to any refuse collection facility
owned, operated or regulated by the department of sanitation.
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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