Section 24-218
§ 24-218 General prohibitions. (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.
Section 24-218.1.
§ 24-218.1. Use of mobile telephones restricted in a place of public
performance.
a. Definitions. For purposes of this section:
(1) The term "mobile telephone" shall mean a cellular, analog,
wireless, digital or other similar telephone or communications device,
which can be used to access two-way real time voice telecommunications
service that is interconnected to a public switched telephone network
and is provided by a commercial mobile radio service, as such term is
defined by 47 CFR § 20.3.
(2) The term "use" shall mean to receive a mobile telephone call
signaled by an audible sound, dial a mobile telephone, or talk or listen
on a mobile telephone.
(3) The term "place of public performance" shall mean the area, room,
or chamber of any indoor theatre, library, museum, gallery, motion
picture theatre, concert hall, or building in which theatrical, musical,
dance, motion picture, lecture, or other similar performances are
exhibited. This term shall not include any area or venue in which
professional or amateur sporting events are taking place.
b. No person shall use a mobile telephone in a place of public
performance while a theatrical, musical, dance, motion picture, lecture
or other similar performance is taking place.
c. Exception. The provisions of this section shall not apply to an
individual who uses a mobile telephone to contact an emergency response
operator, hospital, physician's office or health clinic, ambulance
company, fire company, first aid squad or police department in an
emergency situation or in any other circumstance which may be deemed an
emergency.
d. Notice to patrons. (1) The owner, operator, manager or other person
having control of any place of public performance shall, at every
theatrical, musical, dance, motion picture, lecture or other similar
performance, provide prominent and conspicuous notice to patrons by
means of announcement, signage, printed material, or other similar means
indicating that mobile telephone use is prohibited as prescribed in
subdivision b of this section. The commissioner of environmental
protection may promulgate rules regarding the size, style and location
of such notices, but in promulgating such rules, the commissioner of
environmental protection shall take into consideration the concerns of
the various types of establishments regulated herein with respect to the
style and design of such notices.
(2) In addition, the owner, operator, manager or other person having
control of any motion picture theatre in which motion pictures are
exhibited to the public shall, prior to the showing of each feature
motion picture, show upon the movie screen information indicating that
mobile telephone use is prohibited as prescribed in subdivision b of
this section.
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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