Thursday, July 26, 2007
Tough noise laws in effect since July 1, 2007
LOOKING AHEAD by Wally Dobelis
Most city dwellers have been inured to the ambient noises that penetrate our lives , punctuated by sirens, construction, garbage trucks and such, and some of us have escaped the brunt of the attack by hiding behind soundproof double window glass, installed in many coops of East Midtown. We manage to block out the street, our young have learned to cool down their stereos, and dog owners have educated their pets to be silent. Quiet enjoyment of life us the key phrase. Nevertheless, sounds still intrude.
Noise laws have been in existence for 30+ years, not too efficiently enforced. In December 2005 Mayor Bloomberg had a new, stringent law passed, with fairly robust definitions of sound limits in decibels (dB) and distances, for various hours of the day. An 18 month enforcement delay was provided, to give the noise generators some time for remedying conditions. An upgraded complaint review system was set up, with the 311 phone number service for the complainant, to bring investigators with noise meters (NYPD has 80 for its 76 precincts, and Environment Protection has 26 - more on order - with 45 agents dedicated to noise law investigation). Fines range from under $100 into the hundreds of dollars.
So, what are the limits that might bring an investigator to validate your complaint? Well, first let’s look at the noisy air conditioners and rooftop circulation units, the bane in my years of coop board service. Super-noisy ones were hard to identify, and people actually hired their own noise experts. The new rule says that the units may not produce noise levels in excess of 42 dB , as measured from a point three feet within the open door or window of the complainant’s residence. The investigators may take several readings, so please (the instructions actually said that), please be patient.
Music from bars , clubs and restaurants also may not exceed 42 decibels, as measured from nearby residences, The commercial establishments must limit the level of unreasonable or disturbing noise that escapes into the streets , but the code explainers want us to recognize that New York’s world renowned entertainment industry brings in billions of dollars . First offenders will be forgiven, if the business certifies that they have corrected (by soundproofing, changing business configuration or modifying sound equipment}, on the theory that the fine funds have been invested in the repair. The code does get tough between 10 PM and 7 AM, when seven decibels is the limit, when measured from the street 15 feet away, a really low number.
To explain, here are some known sounds and their decibel level. Whisper is 30 dB, normal conversation is 50 dB, vacuum cleaner 10 ft. away runs at 70 dB, and so does midtown Manhattan traffic as heard from the curb, motorcycle normally produces 88 dB, jackhammer hits the 110 dB mark . These are logarithmic rather than arithmetic progressions.
For garbage trucks. max sound level may not exceed 80 dB, from 35 ft., not including the compaction cycle. Recognizing that the best garbage collection hours are when there is no traffic, the law allows 85 dB between 10 PM and 7 AM within 50 feet of residential property (measured as above). Car and truck sound is less defined, and is deemed excessive on routes with speed limit less than 35 mph when it is plainly audible at 150 ft. from cars, or 200 ft. from trucks or motorcycles. Horn honking is forbidden except in extreme situations.
Disruptive cell phone use in public places is “to be avoided,” but not legislated against. Car stereos in public right-of-ways do get a summons.
Construction may occur between 7 AM and 6 PM on weekdays. Repairs of family homes are acceptable Saturdays and Sundays, 10 AM to 4 PM, if the dwelling is 300 ft away from a house of worship. After hours work requires authorization from Dept of Buildings and Transportation, and a noise mitigation plan must be posted – you can get them on that. I remember screaming at the authorities when “emergency” street repairs took place at night, without results. Now they may be easier to cope with. Your noisy neighbor with the power tools at odd times is also culpable, subject to some specific rules.
As for man’s best friends, if their barking is unreasonable and plainly audible between 7 AM and 10 PM for 10 min . or more, or for 5 min. in the night hours, enforcement may be called.
Our neighborhood is not among the worst, according to an analysis by Maggie Haberman, 2nd generation NY reporter at the Post, daughter of cityscoper Clyde Haberman of the Paper of Record. In the first weekend Canarsie had 115 complaints, followed by Upper Manhattan’s Hamilton Heights, East Flatbush, East New York and Olinville in the Bronx (79). Maybe that is because we do not see Mr. Softee jingle trucks, which are allowed to play their merry tunes only while in motion. At least one parked jingler is on the record as having been hit by a hefty $350, obviously not a first offender.
Wally Dobelis also thanks Thomas E. Lueck & the NYCDEP
Most city dwellers have been inured to the ambient noises that penetrate our lives , punctuated by sirens, construction, garbage trucks and such, and some of us have escaped the brunt of the attack by hiding behind soundproof double window glass, installed in many coops of East Midtown. We manage to block out the street, our young have learned to cool down their stereos, and dog owners have educated their pets to be silent. Quiet enjoyment of life us the key phrase. Nevertheless, sounds still intrude.
Noise laws have been in existence for 30+ years, not too efficiently enforced. In December 2005 Mayor Bloomberg had a new, stringent law passed, with fairly robust definitions of sound limits in decibels (dB) and distances, for various hours of the day. An 18 month enforcement delay was provided, to give the noise generators some time for remedying conditions. An upgraded complaint review system was set up, with the 311 phone number service for the complainant, to bring investigators with noise meters (NYPD has 80 for its 76 precincts, and Environment Protection has 26 - more on order - with 45 agents dedicated to noise law investigation). Fines range from under $100 into the hundreds of dollars.
So, what are the limits that might bring an investigator to validate your complaint? Well, first let’s look at the noisy air conditioners and rooftop circulation units, the bane in my years of coop board service. Super-noisy ones were hard to identify, and people actually hired their own noise experts. The new rule says that the units may not produce noise levels in excess of 42 dB , as measured from a point three feet within the open door or window of the complainant’s residence. The investigators may take several readings, so please (the instructions actually said that), please be patient.
Music from bars , clubs and restaurants also may not exceed 42 decibels, as measured from nearby residences, The commercial establishments must limit the level of unreasonable or disturbing noise that escapes into the streets , but the code explainers want us to recognize that New York’s world renowned entertainment industry brings in billions of dollars . First offenders will be forgiven, if the business certifies that they have corrected (by soundproofing, changing business configuration or modifying sound equipment}, on the theory that the fine funds have been invested in the repair. The code does get tough between 10 PM and 7 AM, when seven decibels is the limit, when measured from the street 15 feet away, a really low number.
To explain, here are some known sounds and their decibel level. Whisper is 30 dB, normal conversation is 50 dB, vacuum cleaner 10 ft. away runs at 70 dB, and so does midtown Manhattan traffic as heard from the curb, motorcycle normally produces 88 dB, jackhammer hits the 110 dB mark . These are logarithmic rather than arithmetic progressions.
For garbage trucks. max sound level may not exceed 80 dB, from 35 ft., not including the compaction cycle. Recognizing that the best garbage collection hours are when there is no traffic, the law allows 85 dB between 10 PM and 7 AM within 50 feet of residential property (measured as above). Car and truck sound is less defined, and is deemed excessive on routes with speed limit less than 35 mph when it is plainly audible at 150 ft. from cars, or 200 ft. from trucks or motorcycles. Horn honking is forbidden except in extreme situations.
Disruptive cell phone use in public places is “to be avoided,” but not legislated against. Car stereos in public right-of-ways do get a summons.
Construction may occur between 7 AM and 6 PM on weekdays. Repairs of family homes are acceptable Saturdays and Sundays, 10 AM to 4 PM, if the dwelling is 300 ft away from a house of worship. After hours work requires authorization from Dept of Buildings and Transportation, and a noise mitigation plan must be posted – you can get them on that. I remember screaming at the authorities when “emergency” street repairs took place at night, without results. Now they may be easier to cope with. Your noisy neighbor with the power tools at odd times is also culpable, subject to some specific rules.
As for man’s best friends, if their barking is unreasonable and plainly audible between 7 AM and 10 PM for 10 min . or more, or for 5 min. in the night hours, enforcement may be called.
Our neighborhood is not among the worst, according to an analysis by Maggie Haberman, 2nd generation NY reporter at the Post, daughter of cityscoper Clyde Haberman of the Paper of Record. In the first weekend Canarsie had 115 complaints, followed by Upper Manhattan’s Hamilton Heights, East Flatbush, East New York and Olinville in the Bronx (79). Maybe that is because we do not see Mr. Softee jingle trucks, which are allowed to play their merry tunes only while in motion. At least one parked jingler is on the record as having been hit by a hefty $350, obviously not a first offender.
Wally Dobelis also thanks Thomas E. Lueck & the NYCDEP
# posted by Wally Dobelis @ 5:35 AM 
