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PROPOSED LEGISLATION

Intro 160: A law to relax noise pollution regulations for commercial establishments

In the full bill text online at legistar.council.nyc.gov, language that is enclosed by [brackets] would be deleted, and language that is underlined would be added.

Reference: Section 24-218
Subchapter 3: Prohibited Noise; General Prohibition
§ 24-218 General prohibitions.
https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-44210,

Comments:

Int. No. 160
By Council Members Holden, Yeger, Ariola and Vernikov

A Local Law to amend the administrative code of the city of New York, in relation to the noise standard for commercial establishments

Be it enacted by the Council as follows:

Section 1. Subdivision b of section 24-218 of the administrative code of the city of New York, as amended by local law 72 for the year 2016, is amended to read as follows:

(b) [Unreasonable] For music originating from an interior space in connection with the operation of any commercial establishment or enterprise, unreasonable noise shall be defined as a sound that exceeds the prohibited noise levels set forth in this subdivision; and for all other sources of noise, unreasonable noise shall include but shall not be limited to sound, attributable to any device, that exceeds the [following] prohibited noise levels set forth in this subdivision:

(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.

§ 2. Section 24-244 of the administrative code of the city of New York is amended by adding a new subdivision c to read as follows:

(c) This section shall not apply to music originating from an interior space in connection with the operation of any commercial establishment or enterprise.

§ 3. This local law takes effect immediately.

Session 12

JSA

LS # 13

3/28/2022

Session 11

JB/MAJ

LS #116

12/19/17

Redefining "unreasonable noise"
Intro 160 redefines the existing standard of "unreasonable noise" for businesses that play music inside their premises and broadcast that audio to the outside. This key revision exempts certain businesses from having to adhere to the standard "unreasonable noise shall include BUT NOT BE LIMITED TO...etc "

This revised, narrower definition would effectively make it impossible for New Yorkers to satisfy evidence requirements for successfully filing noise complaints via the 311 system or the NYC Department of Environmental Protection's citizen complaint program, as measuring sound levels can only be done by DEP inspectors using "authorized" professional sound level meters.

Reference: Section 24-244
§ 24-244 Sound reproduction devices. https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-209196

Exempting certain businesses from adhering to existing environmental laws
Adding a section "(c)" to the existing Section 24-244 would nullify the clause immediately preceding it, § 24-244(b), for businesses such as retail mobile phone stores, retail clothing stores, gyms, restaurants, bars and other nightlife establishments such as clubs.

§ 24-244(b) says the following (which will not pertain to commercial establishments under Intro 160)

"(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."