25th November 2022 By ravikumarsilva Off

Nyc Quiet Hours Specified in Local Law 113

New York is known for its congested traffic, especially in Manhattan. But motorists are also required to keep noise to a minimum so as not to disturb local residents. The noise code prevents excessive noise from the muffler or tailpipe of a vehicle travelling in an area where the speed limit is 35 miles per hour or less. Excessive noise is defined as clearly audible at a distance of 150 feet for cars and 200 feet for trucks and motorcycles. The noise code also prohibits the use of horns unless they are used to warn another party of potential dangers. Section 4 Section 24-221 of the Administrative Code of the City of New York, as amended by Local Law No. 113 for 2005, is amended as follows: Noise pollution is defined as higher noise levels from sources such as industry, people and traffic in the local environment, which significantly affect the daily lives of residents. Sources of noise pollution include air conditioners, food vendors, roadside construction sites, or music from bars and cars. Noisy neighbors can even be considered noise pollution. (20) any other construction equipment or activity specified in this Regulation. (3) Noise exceeding the decibel levels specified in paragraph (d) of sections 24-223 during the period during which an approval is to take effect outside business hours. (c) As soon as a stop work order is issued, the work specified in the order shall cease immediately, except for work authorized or required by the commissioner or the head of another authority to ensure public safety or stabilize the site. 1.

New York City Department of Environmental Protection website www.nyc.gov/html/dep/html/air_and_noise/index.shtml. 2. New York City Local Law 2005/113 §2. The stated objective of the amended Code is to “reduce the level of ambient noise in the city in order to preserve, protect and promote the public health, safety and welfare, and the peace and tranquility of the inhabitants of the city, to prevent damage to persons, plants, animals and property, to promote the convenience and comfort of its inhabitants, and facilitate the enjoyment of the city`s natural attractions. 3. See Siegler and Talel, “Noise and the Warranty of Habitability,” NYLJ, 1 March 2006, p. 1, column 1. 4. Website of the Office of the Mayor of New York, www.nyc.gov/mayor (follow the hyperlink “News and Press Releases”; then follow the hyperlink “Events of 2005”; then follow the hyperlink “August 2005”; then follow the hyperlink “Read the press release” of August 17, 2005). 5.

New York City Local Law 2005/113 §10, effective July 1, 2007. 6. Id. 7. No. 8. The telecommunications equipment in this building must not be switched off. Therefore, all air conditioners must be in operation at all times. This eliminates the possibility of turning off all air conditioners except one to test the sound power of the air conditioner that is still in operation. 9. New York City Local Law 2005/113 §10, effective July 1, 2007.

10. N.Y. Real Property Law §235-b (McKinney Supp. 2008). 11. See Siegler and Talel, “Noise and the Warranty of Habitability,” NYLJ, March 1, 2006, p. 11. 1 column 1, and the cases cited therein. Condominiums are not legally required to respect the guarantee of habitability. 12.

Regensburg v. Rzonca, NYLJ, February 14, 2007, 22, column 1 (Suffolk Dist. ct.). 13. See Bethune Realty Co. v. Adams, 2002 WL 2018682 (App. Term 1st Dept.); see also Kaniklidis v. 235 Lincoln Place Housing Corp., 305 AD2d 546 (2nd Dept. 2003).

Factors considered include: the disturbing nature of the noise, the time of day, the unpredictability and duration of the noise, and the number of similar complaints. See Stiglianese v. Vallone, 168 Misc.2d 446, 456 (Civ. Ct. Bronx Co. 1995), rev`d, 174 Misc.2d 312 (App. Term 1st Dept. 1997), rev`d 255 AD2d 167 (1st Dept. 1998). 14. 37 AD3D 284 (1st Dept. 2007).

15. Additional responsibilities may soon be imposed on supervisory boards to reduce construction noise. The amended Code authorizes the establishment of an advisory committee to implement additional noise abatement regulations, including rules for the use of sound insulation fencing, portable sound-insulated barriers, ceiling sound insulation and exhaust muffler testing. Additional mitigation measures can also be taken for “sensitive receptors” such as hospitals or schools. 16. See, for example, Kaniklidis, 305 AD2d 546; Bethune Realty Co., 2002 WL 2018682. 17. 2006 WL 1493113 (Sup. Ct. N.Y.

Co.). 18. 12 Miscellaneous.3d 26 (App. Term 1st Dept. 2006), aff`d 38 AD3d 474 (1st Dept. 2007). 19 NYLJ, May 18, 2007, 22, column 1 (Sup. ct. N.Y. Co.). 20.

2006 WL 3228399 (N.Y. City Civ. Ct.). 21. 2005 WL 1226130 (App. Term 1st. Abt. 22. 2006 WL 2620534 (N.Y.

City Civ. Ct.). 23. Menschen v. Bender, 2007 WL 258290 (Crim. Ct. N.Y. Co.). The city enforces the noise code through local laws, police and housing associations. Like many other American cities, New York City has a noise law to regulate noise pollution and protect the health and comfort of its residents. The Noise Code classifies noise into categories: construction, animal noise, food vending machines, bar and restaurant music, garbage collection trucks, motor vehicles and motorcycles, and general courtesy. Pets also contribute significantly to noise pollution.

Owners should do their best to limit animal noise, especially during quiet hours. A single bark is not a cause for complaint. However, residents have the right to contact law enforcement if animal noise persists for more than ten minutes during the day (7 a.m. to 10 p.m.) or five minutes during quiet hours (10 p.m. to 7 a.m.). § 9. (2) the noise levels specified in section 24-228(a) of this Code on a construction project that is not within 200 feet of a residential receiver, or To facilitate enforcement, the amended Code adds an additional standard for inappropriate noise to violations issued by Ministry of Environmental Protection inspectors using decibel meters: “clearly audible” at a distance.