Noise Complaint Response Act (Int. 1653-2017)

Shared for feedback by Ben Kallos, New York CIty Council Member

Following a noise complaint about construction or a commercial establishment the New York City Department of Environmental Protection would be required to send an inspector within two hours or when that noise was likely to happen again.

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Noise Complaint Response Act (Int. 1653-2017)

A Local Law to amend the administrative code of the city of New York, in relation to responses to noise complaints

Be it enacted by the Council as follows:

Section 1. Subchapter 2 of chapter 2 of title 24 of the administrative code of the city of New York is amended by adding new sections 24-207.1, 24-207.2, 27-207.3 and 27-207.4 to read as follows:

§ 24-207.1 Inspections in response to after hours construction work noise. The department shall conduct inspections prior to 7 a.m. or after 6 p.m. in response to complaints of noise related to after hours construction work either (i) on the same day such complaint was received within 2 hours of the receipt of such complaint, ,
(ii) the next weekday within an hour of the time of the receipt of such complaint where such complaint was received on a weekday, (iii) the next weekend day within an hour of the time of the receipt of such complaint where such complaint was received on a weekend day, or (iv) the next week, on the same day of the week and within an hour of the time of receipt of such complaint.

§ 24-207.2 Inspections in response to weekend construction work noise. The department shall conduct inspections in response to complaints of noise related to weekend construction work either (i) within two hours of receiving such complaint, t, (ii) the next weekend day within an hour of the of the time of receipt of such complaint, or (iii) the next week, on the same day of the week and within an hour of the time of receipt of such complaint..

§ 24-207.3 Inspections in response to music or loud noise. The department shall conduct inspections in response to complaints of noise related to music or loud noise originating from or in connection with the operation of any commercial establishment or enterprise either (i) within two hours of receiving such complaint, , (ii) prior to 4 a.m. if such complaint is received after 9 p.m, (iii) the next weekend day within an hour of the time of the receipt of such complaint where such complaint was received on a weekend day prior to 6 p.m., or r (iv) the next weekday within an hour of the time of receipt of such complaint where such complaint was received on a weekday, or (v) the next week, on the same day of the week and within an hour of the time of receipt of such complaint..

§ 24-207.4. Nothing under this section shall prevent the department from conducting additional inspections in addition to those mandated herein or invalidate any violation issued out of compliance with this section.

§ 24-207.5 Report on inspections. By no later than January 31 of each year, the department shall submit to the mayor and the council, and publicly post on its website, a report on department inspections in response to noise complaints, containing, at a minimum, for the previous calendar year: (i) the number investigators employed by the department;; (ii) the number of complaints regarding noise received by the department, disaggregated by the type of noise;e; (iii) the number of complaints responded to with an inspection within two hours, the following day, the following week, disaggregated by the type of noise;; (iv) the number of noise related violations issued;ed; (v) the number of such violations which were dismissed; andand (vi) the amount of civil penalties which were paid in response to such violations.ns.

§ 2. Subdivision (a) of section 24-267 of the administrative code of the city of New York is amended to read as follows:

(a) If the respondent fails or refuses to comply with the board's order, or the board otherwise deems it necessary, the corporation counsel for the city of New York, acting in the name of the city, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any order of the board or to provide such other relief as the court deems acceptable.

§ 3. This local law takes effect immediately.

[SS] LS #7788 1/5/17 2:03 p.m.

4 Comments
  • User profile image

    Joel Putnam

    r

    Looks like whatever editor you were using added a space and a repeated letter in several places. This is one example. 24-207.5 seems to have four similar instances.

  • User profile image

    Joel Putnam

    Do the inspectors have the resources to follow this law? It seems like a decent idea so long as it can actually be followed. Also, what's the current average response time?

  • User profile image

    Christopher Fry

    Rarely do laws the solve problems they hope to. They do, however solve the problems of getting lawyers more money and giving politicians something to brag about at re-election time. If you actually want to solve the noise problems in cities, the number one best thing you can do by far is to make cities car-free. Given economics, transportation needs, distances to suburbs etc, the only near term practical way to do that is to install Personal Rapid Transit throughout the city and suburbs. Plans for doing this in Manhatten, Brooklyn, Queens (esp LGA) and further out on Long Island to service NYIT and SUNY Old Westbury have already been made by transitx.com . Visit that URL to learn more about the economics and technology, then, when you understand, contact transitx and they will give you a concrete proposal for how this can be done for no taxpayer money, supported only by rider fares that will be lower than NYC subway fare price, & car costs, provide more stations per sq. mile and service more destinations (Jersey, Long Island)

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