Section 24-218. General prohibitions  


Latest version.
  • (a) No person shall make, continue or
      cause or permit to be made or continued any unreasonable noise.
        (b) Unreasonable noise shall include  but  shall  not  be  limited  to
      sound, attributable to any device, that exceeds the following prohibited
      noise levels:
        (1)  Sound,  other  than  impulsive sound, attributable to the source,
      measured at a level of 7 dB(A) or more above the ambient sound level  at
      or  after  10:00  p.m.  and  before  7:00 a.m., 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)  Sound,  other  than  impulsive sound, attributable to the source,
      measured at a level of 10 dB(A) or more above the ambient sound level at
      or after 7:00 a.m. and before 10:00  p.m.,  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.
        (3) 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.
        (c)  Notwithstanding  the provisions of subdivision b of this section,
      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, the decibel level  limits  set  forth  in
      this section shall not apply to such sound source or device.
        (d) The decibel level limits set forth in this section shall not apply
      to sound attributable to construction devices and activities.
        (e) Where the commissioner finds that sound from any refuse collection
      facility  regulated  by the department of sanitation exceeds the decibel
      level limits set forth in this section, the commissioner shall order the
      operator of such facility to submit a certification  by  a  professional
      engineer  as  to  whether  or not the facility is in compliance with the
      noise standards required by the department of sanitation rules (16  RCNY
      Ch.  4)  and  if not in compliance, the mitigation measures that will be
      undertaken to bring such  facility  into  compliance.  The  testing  and
      certification  must be submitted to the department and to the department
      of sanitation within forty-five days after the issuance of such order. A
      facility that complies with an order issued pursuant to this section and
      with  any  required  mitigation  measures  shall  be  deemed  to  be  in
      compliance  with the decibel limits of this section. With respect to any
      refuse collection facility  owned  or  operated  by  the  department  of
      sanitation  such  facility  shall be deemed to be in compliance with the
      decibel level limits of this section if it is in compliance with a  best
      management  practices plan developed in conjunction with the department.
      A notice of violation  may  only  be  issued  for  a  refuse  collection
      facility  pursuant  to  this section where the operator of such facility
      fails to comply with an order of the  commissioner  issued  pursuant  to
      this   subdivision   or   the   mitigation   measures  set  forth  in  a
      certification.