Section 24-233
§ 24-233 Personal audio devices. (a) No person shall operate or use or
cause to be operated or used any personal audio device in such a manner
as to create an unreasonable noise.
(b) For the purposes of this section unreasonable noise shall include
but shall not be limited to:
(1) the operation or use of a personal audio device on or in any
public right-of-way so that sound emanating from such device is plainly
audible to another individual at a distance of 25 feet or more from the
source.
(2) the operation or use of a personal audio device from on or inside
a motor vehicle, whether moving, parked, stopped or standing, on or in
any public right-of-way so that sound emanating from such device is
plainly audible to another individual outside of such motor vehicle at a
distance of 25 feet or more from the source.
(c) Nothing in this section shall be construed to permit the operation
or use of a personal audio device where such operation or use would
otherwise be prohibited pursuant to section 10-108 or 24-244 of the
administrative code.
Section 24-234
§ 24-234 Operation or use of sound reproduction device in or on rapid
transit railroad, omnibus or ferry. It shall be unlawful to operate or
use a sound reproduction device in or on any rapid transit railroad,
omnibus or ferry, other than a personal audio device with personal
earphones such that sound from such earphones is not plainly audible to
another individual at a distance of 5 feet or more from the source.
Section 24-235
§ 24-235 Animals. No person having charge, care, custody, or control
of any animal shall cause or permit such animal to cause unreasonable
noise including, but not limited to, any sound that is plainly audible
at any location within any residential receiving property as set forth
below:
(a) At or after 7 a.m. and before 10 p.m., continuously for a period
of 10 minutes or more.
(b) At or after 10 p.m. and before 7 a.m., continuously for a period
of 5 minutes or more.
Section 24-236
§ 24-236 Motor vehicles. (a) Motor vehicles, other than motorcycles,
with a maximum gross weight of 10,000 lbs. or less. No person shall
cause or permit any motor vehicle, other than a motorcycle, with a
maximum gross weight of 10,000 lbs. or less to operate on a public
right-of-way where the muffler or exhaust generates a sound that is
plainly audible to another individual at a distance of 150 feet or more
from the motor vehicle.
(b) Motorcycles. No person shall cause or permit any motorcycle to
operate on a public right-of-way where the muffler or exhaust generates
a sound that is plainly audible to another individual at a distance of
200 feet or more from the motorcycle.
(c) Motor vehicles with a maximum gross weight greater than 10,000
lbs. No person shall cause or permit any motor vehicle with a maximum
gross weight greater than 10,000 lbs. to operate on a public
right-of-way where the muffler or exhaust generates a sound that is
plainly audible to another individual at a distance of 200 feet or more
from the motor vehicle, except when compression brake systems are used
in an emergency to stop the vehicle.
(d) (1) No person operating a motor vehicle containing a compression
brake system or systems shall apply such compression brake system or
systems except when such system or systems are used in an emergency to
stop the vehicle.
(2) The department is authorized to post signs at every entry point of
the city containing the following information: THE USE OF COMPRESSION
BRAKE SYSTEMS IS PROHIBITED ON STREETS WITHIN NEW YORK CITY WHERE THE
SPEED LIMIT IS 35 MILES PER HOUR OR LESS EXCEPT IN CASE OF AN EMERGENCY.
(e) No person shall cause or permit the total sound from a motor
vehicle operating on any public right-of-way to exceed the sound level
set forth in section 386 of the vehicle and traffic law and the rules
adopted pursuant to such section.
(f) Subdivisions a, b, c and paragraph one of subdivision d of this
section may only be enforced on streets where the speed limit is 35
miles per hour or less.
Section 24-237
§ 24-237 Sound signal devices. (a) No person shall operate or use or
cause to be operated or used any claxon installed on a motor vehicle,
except as a sound signal of imminent danger or in connection with use as
an audible motor vehicle burglar alarm as provided in section 24-238 of
this code.
(b) No person shall operate or use or cause to be operated or used an
air horn or gong installed on any motor vehicle other than as provided
in section 24-241 of this code.
(c) No person shall operate or use or cause to be operated or used any
steam whistle attached to any stationary boiler, except to give notice
of the time to start and stop work or as a sound signal of imminent
danger.
(d) No person shall operate or use or cause to be operated or used on
any public right-of-way any electrically operated or electronic sound
signal device (other than a safety device, such as but not limited to a
car horn or back up signal, that is actually used for its intended
purpose) attached to, on or in a motor vehicle, wagon or manually
propelled cart from which food or any other items are sold or offered
for sale when the vehicle is stopped, standing or parked. For the
purposes of this subdivision the term "stopped" means the halting of a
vehicle, whether occupied or not, except when necessary to avoid
conflict with other traffic or in compliance with a police officer or
other authorized enforcement officer or a traffic control sign or
signal. The terms "standing" and "parked" shall be as defined in the
vehicle and traffic law.
Section 24-238
§ 24-238 Audible burglar alarm and audible status indicator. (a) No
owner of a building or of a motor vehicle shall have in operation an
audible burglar alarm thereon unless such burglar alarm shall be capable
of and shall automatically terminate its operation within fifteen
minutes of its being activated in the case of a building, and three
minutes of its being activated in the case of a motor vehicle. No
audible burglar alarm on a motor vehicle shall be capable of being
activated except by:
(i) direct physical contact with that motor vehicle; or
(ii) through the use of an individual remote activation device, that
is activated from no further than 15 feet away from such vehicle and,
that is designed to be used with the audible burglar alarm system of a
particular vehicle which alarm shall be capable of and shall terminate
its audible response within three minutes of its being activated.
(b) No owner of a motor vehicle shall have in operation an audible
status indicator on such motor vehicle.
Section 24-239
§ 24-239 Audible burglar alarm or audible status indicator may be
disconnected. (a) Notwithstanding the provisions of section 24-238, any
member of the police department shall have the right to take such steps
as may be reasonable and necessary to disconnect any audible burglar
alarm or audible status indicator that is installed on a motor vehicle
at any time during the period of its activation.
(b) The operator of any motor vehicle on which an audible burglar
alarm or audible status indicator has been installed shall when parked
on a public highway or parking lot open to the public, prominently
display the number and telephone number of the owner's local police
precinct where information shall be on file to permit communication with
the owner of such vehicle.
Section 24-240
§ 24-240 Removal of vehicle with audible burglar alarm or audible
status indicator. (a) Notwithstanding the provisions of section 24-239,
any member of the police department may arrange for the removal of a
motor vehicle from a public highway or parking lot open to the public,
when:
(i) an audible burglar alarm installed on such vehicle is operated in
violation of this code or an audible status indicator is operated on
such vehicle; and
(ii) all reasonable and necessary steps to disconnect such alarm or
audible status indicator have been taken without success. Authorized
personnel of the department or the department of transportation may
request a member of the police department to arrange for removal of such
vehicle. When such removal is requested, the notice of violation for
operation of an audible burglar alarm in violation of this section or
for operation of an audible status indicator shall state that a member
of the police department took all reasonable and necessary steps to
disconnect such alarm or such audible status indicator without success.
Such removal may be accomplished by utilizing any existing city-operated
tow-program, rotation tow program established pursuant to section 20-519
of the code or such other procedures as may be established. The cost of
towing and storage of such motor vehicle shall be the responsibility of
the owner or other person who claims such vehicle.
(b) An opportunity for a hearing before the board shall be provided to
the owner of a motor vehicle removed pursuant to this section within
five business days after a request for a hearing is made to determine
whether there was a basis for such removal. The board shall render a
decision within two business days following the conclusion of the
hearing. If it is determined that there was no basis for removal of a
vehicle pursuant to this section, the owner of such vehicle may recover
from the city any amounts paid by such owner for towing and storage.
Section 24-241
§ 24-241 Emergency signal devices. (a) 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 act of
responding to an emergency; provided that such device shall not be
operated for a period of time longer than is necessary to respond to
such emergency. Notwithstanding the foregoing, such a device on a motor
vehicle shall be lawful if designed and used solely as an audible motor
vehicle burglar alarm in accordance with section 24-238 and a device
attached to a vehicle for the purpose of providing an audible warning
when the vehicle is backing up shall be permitted even though the
audible warning may consist of a gong or bell sound.
(b) No person shall operate or permit to be operated an emergency
signal device installed on an authorized emergency vehicle that when
operated at the maximum level creates a sound level in excess of 90
dB(A) when measured at a distance of fifty feet from the center of the
forward face of such vehicle. Within one year after the effective date
of this subdivision and every two years thereafter, emergency signal
devices installed on authorized emergency vehicles shall be tested and
certification shall be submitted, in a form approved by the department,
that such devices meet the standard set forth in this subdivision for
operation at maximum level. Notwithstanding the foregoing provisions,
where compliance with the provisions of this subdivision would create an
undue hardship, the owner or operator of an authorized emergency vehicle
may submit a plan to the commissioner for emergency signal devices to
meet the standard set forth in this subdivision within two years after
the effective date of this subdivision. Such plan shall be submitted
within one year after the effective date of this subdivision in lieu of
the required certification. This subdivision shall not apply to
authorized emergency vehicles of the police department, fire department
or authorized emergency vehicles responding to medical emergencies.
Section 24-242
§ 24-242 Lawn care devices. (a) No person shall operate or use or
cause to be operated or used any lawn care device:
(1) On weekdays before eight a.m. and after seven p.m. or sunset,
whichever occurs later; or
(2) On weekends and New York state and federal holidays before nine
a.m. and after six p.m.; or
(3) At any time 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 an aggregate sound level of 75 dB(A) or more,
attributable to the source or sources, as measured at any point within a
receiving property. The provisions of paragraph (1) of this subdivision
shall not apply to an employee of the department of parks and recreation
or an agent or contractor of the department of parks and recreation who
operates or uses or causes to be operated or used any lawn care device
between the hours of seven a.m. and eight a.m. in any location more than
three hundred feet from any building that is lawfully occupied for
residential use. The distance of three hundred feet shall be measured in
a straight line from the point on the exterior wall of such building
nearest to any point in the location at which such lawn care device is
operated or used or caused to be operated or used.
(b) No person shall operate or use or cause to be operated or used any
leaf blower not equipped with a functioning muffler.
Section 24-243
§ 24-243 Snow blowers. The provisions of this code shall not apply to
the operation of a snow blower for the purpose of complying with
subdivision a of section 16-123 of the administrative code.
Section 24-244
§ 24-244 Sound reproduction devices. (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.
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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