Int. No. 427
By Council Members Constantinides and Holden
Title
A Local Law to amend the administrative code of the city of New York, in relation to the noise standard for commercial establishments
Body
Be it enacted by the Council as follows:
Section 1. Legislative findings and intent. The Council finds that the noise code should provide the basis for the issuance of violations to entertainment establishments. However, increasingly the department has not relied upon the statutorily mandated noise levels as a basis for issuance of tickets. Instead the department has issued tickets based on the "unreasonable noise" provision of the administrative code, as determined by an inspector. While it is important to address excessive noise from entertainment establishments, entertainment establishments be given more precise notice of the standards to which they will be held.
Therefore, the Council finds that it is in the best interests of the City to prohibit use of the "unreasonable noise" standard as a basis for the issuance of summonses to entertainment establishments, including bars and restaurants.
? 2. Subdivision b of section 24-218 of the administrative code of the city of New York 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...
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