HomeMy WebLinkAboutExhibit ABrooks Acoustics Corporation
49 N. Federal Hwy Pompano Beach, FL 33062 754.229.1450
Mr. Albert Garcia, Chairman
Mr. Manny Gonzalez, Executive Director
Wynwood Business Improvement District
2751 North Miami Avenue, Suite 3
Miami, FL 33127
Subject: Acoustical Engineering Study— Proposed NRD-1 Noise Ordinance
Dear Messrs. Garcia and Gonzalez:
16 October 2020
PJ2020-1341-L01
Rev. 1
The Wynwood Business Improvement District (BID) is developing a revised noise ordinance for the
Neighborhood Revitalization District 1 (NRD-1) which recognizes the district's Wynwood area, with its dynamic
and robust character, economic and business climate, arts and entertainment identity, and growing residential
community. This revised ordinance would provide an acoustical framework for the future development of the
Wynwood community. It is proposed that the revised ordinance language be implemented as a Pilot Program
solely in NRD-1. The proposed Pilot Program for the revised noise ordinance would have the provision that it
would be reviewed after 1 year and then on an annual basis, with adjustments made as needed.
Brooks Acoustics Corporation (BAC) was asked to provide acoustical engineering guidance to the Wynwood
BID on the language of the ordinance, its meaning, context and effect on the neighborhood, and comparisons
with similar city ordinances. A sound level test was conducted using a typical entertainment sound system to
measure the potential for compliance with the proposed NRD-1 noise ordinance.
It is intended that BAC assist the Wynwood BID and City of Miami officials to present the ordinance, with
guidance on its implications, to the Wynwood BID Board of Directors and City of Miami Commission for
consideration.
The purpose of this review is to provide support and guidance to the urban planning process for the City of
Miami and the Wynwood Business Improvement District (BID), and to develop a positive framework for
beneficial growth and improvement in both the near term and longer range future.
Executive Summary
A comparison was made of the draft NRD-1 noise ordinance with ordinances in the City of Miami, Fort
Lauderdale (Special Entertainment Overlay District) and New York City. This comparison indicates that the
NRD-1 ordinance is in some ways more restrictive on commercial businesses than those other ordinances,
and in other ways is less restrictive. The differences between NRD-1 and the Fort Lauderdale Entertainment
Overlay are small, and the differences with the City of Miami general noise ordinance are proposed in
recognition of the NRD-1 as an arts and entertainment district.
A sound test was conducted using the entertainment system in the outdoor garden of Le Chick restaurant on
NW 24th Street. The sound test showed that for typical evening entertainment sound levels, the source sound
level in the street at 25 feet distance, of about 70 dB(A), was well below the proposed 85 dB(A) ordinance limit.
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At the new residential apartment building across NW 24th street, Wynwood 25, the measured interior sound
levels were well below the proposed 65 dB(A) limit and the 70 dB(C) bass limit. In the apartment the music
was barely audible with the HVAC off and would not be audible with the HVAC on. In the commercial office
behind Le Chick, Haber Law on NW 23rd Street, the measured interior sound levels were well below the 65
dB(A) limit, and marginally compliant with the 70 dB(C) bass limit. The music was clearly audible in the nearest
office and disturbing to the occupant. This was due to the very close proximity of that nearest office to the
restaurant outdoor garden. The music was not disturbing in other parts of the office suite.
These tests showed that the restaurant would be in compliance with the proposed ordinance, at the 25 foot
source limit distance and also in the nearby residence and office locations. However, there were different
results in the perception of the entertainment sound at these two receiver locations. These two different results
for the two different nearby properties to the restaurant indicate that the impact of entertainment music on the
neighbors will depend on the relative distance and configuration of the buildings involved.
Further, the testing showed that the typical evening source level for the Le Chick operation at 25 feet distance
(on the street side) of 70 dB(A) had a margin of 15 dB before it reached the proposed 85 dB(A) limit. If the
sound level were raised by 15 dB to 85 dB(A) in the street, there would be a commensurate increase in sound
level at the neighboring properties, with the potential for increased impact. Depending on the relative locations
of the entertainment business and the neighbors, the sound levels at a neighbor could be marginally compliant
or possibly non -compliant with the proposed limits.
The effect of the less restrictive NRD-1 ordinance provisions would be to provide more flexibility to businesses
in implementing entertainment options, but could raise the impact on some residents.
Therefore, the provision which allows for adjustment of the Pilot Program NRD-1 ordinance parameters after
1 year and thereafter on an annual basis will be helpful to make any changes if needed, and will allow the
commercial businesses and the residents to avoid the potential for conflict.
1. Ordinance Analysis
The current language of the draft revised noise ordinance for the Wynwood NRD-1 was reviewed. The draft
ordinance was compared to similar ordinances from other cities with densities, residential occupancies and
commercial districts which are consistent with the NRD-1, and with its potential future development. These
similar ordinances are from the City of Miami, the Special Entertainment Overlay District in Fort Lauderdale,
and New York City.
The pertinent language added to the NRD-1 draft ordinance revision (underlined) is given below:
Sec. 36-4. - Operation of radios, phonographs or other sound -making devices; bands, orchestras and
Musicians —Generally; exemption.
(b) The NRD-1 District, as defined in Section 4-5 of the Code, is exempt from subsection (a) above.
Within the NRD-1 District, it shall be unlawful for any person owning, occupying or having charge of any
building or premises or any part thereof, at any time to cause or suffer or allow any loud, unnecessary,
excessive or unusual noises in the operation of any radio, phonograph or other mechanical sound -
making device or instrument, or reproducing device or instrument, or in the playing of any band, orchestra,
musician or group of musicians, or in the use of any device to amplify the music of any band, orchestra,
musician or group of musicians, where the noise or music:
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i. Exceeds 85 dB(A) at a distance of greater than 25 feet from the property line of the property on which
or from which it is produced; or
ii. The bass level exceeds 70 dB(C) when measured from within an enclosed structure with all windows,
doors and other openings closed; or
iii. Exceeds 65 dB(A) when measured from within an enclosed structure with all windows, doors and other
openings closed.
(c) The fact that the noise or music emanating from the property on which or from which it is produced
exceeds the dB(A) sound level referenced in subsection (b) (i) above constitutes prima facie evidence
of a violation of subsection (b)(i) of this chapter.
The fact that the noise or music exceeds either of the dB(A) or dB(C) sound levels referenced in
subsections (b)(ii) and (b)(iii) above shall only constitute prima facie evidence of a violation of subsections
(b)(ii) or (b)(iii) of this chapter upon confirmation of the excessive noise or music.
(e) The noise standards of paragraph (b) above shall be reviewed by the City Manager prior to the one
(1) year anniversary of the effective date of these amendments.
Sec. 36-5. - Same —Hours of operation of jukeboxes, radios, etc.; exemption for events on city -owned
property; relaxation.
Within the NRD-1 District, it shall be unlawful for any person owning, occupying or having charge of any
business establishment, or any part thereof, to cause or suffer to cause the playing or operating of music
boxes, jukeboxes, radios, musical instruments or any other musical devices on or about the premises
between the hours of 3:00 a.m. and 9:00 a.m., unless such music boxes, jukeboxes, radios, musical
instruments and other devices are played or operated in a closed building and the sound is not audible
from outside the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or
other type of residence. Upon a second conviction of violation of this section the county judge may at
his/her discretion revoke and terminate any license issued under Chapter 31 to the licensee.
To summarize, the following provisions are proposed for musical entertainment in NRD-1:
• 85 dB(A) limit at 25 feet from building
• 70 dB(C) limit inside nearby receiver building
• 65 dB(A) limit inside nearby receiver building
• Music not audible outside building between 3:00 a.m. and 9:00 a.m.
The full draft revision is attached in the Appendix.
City of Miami
The proposed ordinance for NRD-1 may be compared to the current ordinance for the City of Miami at large.
It is important to note that the NRD-1, including Wynwood, constitutes a unique district with different
characteristics than other districts in the City of Miami. Therefore, it is proper to apply different standards to
the NRD-1.
The pertinent language in the City of Miami noise ordinance is given below:
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Sec. 36-4. - Operation of radios, phonographs or other sound -making devices; bands, orchestras and
musicians —Generally; exemption.
(a) It shall be unlawful for any person owning, occupying or having charge of any building or premises or any
part thereof, in the city, at any time to cause or suffer or allow any loud, unnecessary, excessive or unusual
noises in the operation of any radio, phonograph or other mechanical sound -making device or instrument,
or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of
musicians, or in the use of any device to amplify the music of any band, orchestra, musician or group of
musicians, where the noise or music is plainly audible at a distance of 100 feet from the building, structure,
vehicle or premises in which or from which it is produced. The fact that the noise or music is plainly audible
at a distance of 100 feet from the vehicle or premises from which it originates constitutes prima facie
evidence of a violation of this chapter.
(b) The city commission may declare an exemption from the prohibitions contained in paragraph (a) above and
declare them inapplicable on special occasions by resolution.
Sec. 36-4. - Same —Hours of operation of jukeboxes, radios, etc.; exemption for events on city -owned property;
relaxation.
(a) It shall be unlawful for any person owning, occupying or having charge of any business establishment, or
any part thereof, in the city, to cause or suffer to cause the playing or operating of music boxes, jukeboxes,
radios, musical instruments or any other musical devices on or about the premises between the hours of
11:00 p.m. and 7:00 a.m. the following day, unless such music boxes, jukeboxes, radios, musical
instruments and other devices are played or operated in a closed building and the sound is not audible from
outside the building so as to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other
type of residence. Upon a second conviction of violation of this section the county judge may at his discretion
revoke and terminate any license issued under chapter 31 to the licensee.
(b) All of the above and foregoing shall not apply to activities and events held in or upon any city -owned facility
or other city -owned property.
(c) The city commission may relax the time restrictions contained in paragraph (a) above or declare them
inapplicable on special occasions by resolution.
To summarize, the following provisions are mandated for musical entertainment in the City of Miami:
• Music not plainly audible outside building at 100 feet between 11:00 p.m. and 7:00 a.m.
The full ordinance for the City of Miami is attached in the Appendix.
Fort Lauderdale
The Fort Lauderdale noise ordinance has a section which applies to the Special Entertainment Overlay District.
This Entertainment Overlay contains a similar set of land uses as the NRD-1, so this language is a useful
comparison to the proposed NRD-1 ordinance. The pertinent language is given below:
Sec. 17-7. - Specific restrictions.
1. Amplified sound. No person shall cause, allow, or permit the operation of any amplified sound device from
the following use districts or locations in the following manner:
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c. Special entertainment overlay district. When measured at a distance of five (5) feet from the
building, structure or establishment from which the sound is emanating:
i. Sound shall not exceed:
1. Eighty-five (85) dBA or ninety-five (95) dBC Monday through Thursday from 12:00 p.m.
to 12:00 a.m. the following day:
2. Seventy (70) dBA or eighty (80) dBC Monday through Thursday from 12:00 a.m. to
2:00 a.m.
3. Sixty-five (65) dBA or seventy-five (75) dBC Monday through Thursday from 2:00 a.m.
to 12:00 p.m.
ii. Sound shall not exceed:
1 Eighty-five (85) dBA or ninety-five (95) dBC Friday through Sunday and legal holidays
(as provided by state law), from 12:00 p.m. to 1:00 a.m. the following day:
2. Seventy (70) dBA or eighty (80) dBC Friday through Sunday and legal holidays (as
defined by state law), from 1:00 a.m. to 3:00 a.m.
3. Sixty-five (65) dBA or seventy-five (75) dBC Friday through Sunday and legal holidays
(as defined by State law), from 3:00 a.m. to 12:00 p.m.
To summarize, the following provisions are mandated for musical entertainment in Fort Lauderdale:
Special entertainment overlay district
• 85 dB(A) limit (or less depending on time of day/day of week) at 5 feet from building outside
• 95 dB(C) limit (or less depending on time of day/day of week) at 5 feet from building outside
The full ordinance for the City of Fort Lauderdale Overlay District is attached in the Appendix.
New York City
The New York City noise ordinance applies citywide, in residential and commercial and entertainment districts.
It is given here for the purpose of comparison with another big city noise ordinance.
The pertinent language in the New York City Subchapter 5 Prohibited Noise - Specific Noise Sources — Sound
Level Standard ordinance is given below:
§24-231 Commercial music. (a) No person shall make or cause or permit to be made or caused any music
originating from or in connection with the operation of any commercial establishment or enterprise when the
level of sound attributable to such music, as measured inside any receiving property dwelling unit:
(1) is in excess of 42 dB(A) as measured with a sound level meter; or
(2) is in excess of 45 dB in any one-third octave band having a center frequency between 63 hertz and 500
hertz (ANSI bands numbers 18 through 27, Inclusive), in accordance with American National
Standards Institute standard S1.6-1984; or
(3) causes a 6 dB(C) or more increase in the total sound level above the ambient sound level as measured
in decibels in the "C" weighting network provided that the ambient sound level is in excess of 62 dB(C).
To summarize, the following provisions are mandated for musical entertainment in New York City:
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• 42 dB(A) limit inside premises of receiving dwelling unit
• 45 dB limit in any 1/3 octave band from 63 hertz to 500 hertz [equivalent to 55 dB(C) or less for bass]
• Limit of 6 dB(C) above ambient if ambient is more than 62 dB(C)
The full ordinance is attached in the Appendix.
Ordinance Comparative Analysis
An examination was made of the draft NRD-1 ordinance and the City of Miami, Fort Lauderdale and New York
City ordinances in order to compare their salient provisions.
In some of its provisions, the draft NRD-1 ordinance is more restrictive on entertainment music than the other
ordinances. In other provisions it is less restrictive. Comparing the important provisions of sound level limits
and time of day restrictions shows that the NRD-1 imposes different mandates on the business, see the table
below:
Ordinance Comparison
Provision
NRD-1 draft
City of Miami
Ft Lauderdale
New York City
Outdoor sound level
limit
85 dB(A) at 25 ft
Not audible at 100 ft
(11 pm to 7 am)
Entertainment Overlay
85 dB(A), 95 dB(C) at 5 ft
Reduced depending on time
of day
No restriction
Indoor sound level
limit
65 dB(A), 70 dB(C)
No restriction
No restriction
45 dB(A)
Less than 55 dB(C)
[bass]
Time of day
Not audible 3 am to 9 am
outside
Inaudible 11 pm to 7 am
outside
Outside limits 12 pm to 12 am
& 12 pm to 1 am weekends
Lower limits to 3 am
Still lower 3 am to 12 pm
All times
inside
Outdoor sound level limits — Music in NRD-1 with a level of 85 dB(A) at 25 feet distance will certainly be
audible outside at a distance of 100 feet. The City of Miami is more restrictive as it mandates that the music
be not audible at 100 feet distance. The Fort Lauderdale Special Entertainment Overlay is more restrictive as
it limits music to 85 dB(A) at a closer 5 foot distance, and imposes an additional limit of 95 dB(C) at 5 feet. New
York City ordinance imposes no outdoor sound level limit, so in that sense, it is less restrictive than the NRD-
1 proposal.
Indoor sound level limits — The draft NRD-1 ordinance imposes indoor limits of 65 dB(A) and & 70 dB(C).
The City of Miami has no indoor restriction, although music not audible outside is not likely to be audible inside.
Fort Lauderdale imposes no indoor restriction in the Entertainment Overlay District. Therefore, in that sense
the NRD-1 proposal is more restrictive than both the City of Miami and the Fort Lauderdale Entertainment
Overlay District. The New York City ordinance imposes more restrictive indoor limits of 45 dB(A) and 55
dB(C) or less for bass.
Time of day — The draft NRD-1 ordinance mandates that music not be audible outside from 3 am to 9 am.
The City of Miami imposes that restriction for more time, 11 pm to 7 am. Fort Lauderdale also imposes its
outdoor and indoor restrictions for more time, outdoors from 3 am to 12 pm in the Entertainment Overlay.
However, in the sense that NRD-1 mandates that no music shall be audible outside during that time and the
Fort Lauderdale Entertainment Overlay allows music at lower levels, the NRD-1 is more restrictive.
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Based on the above analysis, it is seen that the draft NRD-1 ordinance is in some ways more restrictive than
the ordinances from two of the other cities, in the area of indoor limits. (NRD-1 is less restrictive than NYC for
indoor noise.)
In some ways the draft NRD-1 ordinance is both less and also more restrictive (depending on the provision
details) than the other ordinances, in the areas of outdoor limits and time of day limits. In the case of the Fort
Lauderdale Entertainment Overlay, the differences are small. In the case of the City of Miami the differences
are in recognition to the NRD-1 as an arts and entertainment district.
An analysis was made concerning the meaning, context and potential effects that the draft noise ordinance
language may have on NRD-1, its residents and businesses. Specifically, the objective sound level standards
which are cited in the draft ordinance are put in context and related to common events and a layperson's
understanding of typical sound sources. Scientific comparisons are used to provide the context which illustrate
the effect that the draft ordinance may have on commercial development and the quality of life in the district.
Comparing the A -weighted sound levels of the draft NRD-1 ordinance to everyday experience, the outdoor
limit of 85 dB(A) is equivalent to the sound of a passing truck, or the operation of construction hand tools.
The indoor limit of 65 dB(A) is equivalent to the sound of a normal conversation or quietly watching television.
A level of 50 dB(A) is equivalent to the sound of the heating ventilating and air conditioning unit (HVAC)
operating in an apartment.
The dB(A) sound level emphasizes the greater sensitivity of human hearing to mid -frequency (voice, beep)
and high frequency (whoosh, hiss) sounds, and less sensitivity to low frequency (bass, hum, rumble) sounds.
The difference between the dB(A) sound level and the dB(C) sound level will depend on how much bass
frequency content the sound has. Sounds with more bass content, like electronic dance music and some
machinery will have a significantly higher dB(C) level (by 10 dB or more) than the dB(A) level.
Comparing the C-weighted (bass) sound levels of the draft NRD-1 ordinance to everyday experience, the
indoor limit of 70 dB(C) is equivalent to the sound of a loud (rumbly) HVAC unit. A quieter HVAC unit in an
apartment could be 55 to 60 dB(C). For the quieter environment, an additional sound of 70 dB(C) could be
intrusive if it was easily recognizable and continuous, such as a rhythmic bass and drums sound.
Intrusiveness and Acceptability Standards
Many recent studies using the science of soundscape analysis have been conducted. These have determined
that what people find acceptable in terms of sound depends on the context of that sound to their living situation,
and the meaning that it may have to their lives. If people think that a given sound is appropriate to the context
and provides meaning, then it is considered to enhance their well-being and be acceptable. If not, then the
sound is out of place and it will be considered intrusive.
For example, a hand-held electric drill or saw (-100 dBA) is considered acceptable on a construction site, but
not in a quiet restaurant dining room. A normal conversation nearby (-65 dBA) is considered acceptable in a
coffee shop, but not in a library. Generally speaking, activities which produce high levels of sound that are out
of place to the context which they are in will be considered intrusive, and will likely cause annoyance.
People tend to be more accepting of their own sounds and critical of sounds produced by others. In judging
the acceptability of a sound produced by someone else, the listener will consider if that sound is appropriate
to the context of their living situation. So, a person may be more accepting of the sound produced by an
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entertainment venue which they frequent, than of a venue which they do not attend or like. It will also depend
on the time of day and their own situation, such as if they are trying to sleep.
Context is key. In crafting a noise ordinance it is desirable to balance commercial economic interests with
those of local residents. Residents who prefer a vibrant nightlife will be more tolerant and accepting of nightclub
sound, as they consider it a part of their identity. Also, it must be recognized that there are limits to acceptance,
and the ordinance language should be written such that it takes into account the neighborhood consensus of
attitudes, with consensus being more than a simple majority.
Given the above, it is seen that the draft NRD-1 ordinance can be in some ways more restrictive and in other
ways less restrictive than its counterparts in other cities. So, the provision which allows for adjustment of the
NRD-1 ordinance parameters after 1 year and thereafter on an annual basis will be helpful for the commercial
businesses and the residents to avoid the potential for conflict.
2. Field Sound Testing and Analysis
Field sound (decibel) tests were conducted for a nightclub sound system which was set up as a sound source,
and at selected nearby neighborhood receiver locations. The purpose of the tests was to quantify, characterize
and document typical entertainment sound levels which could occur in the community. The sound test data
were analyzed and compared with the proposed ordinance and with other relevant community standards.
The sound tests were conducted using the entertainment system in the outdoor garden of Le Chick restaurant
at 310 NW 24th Street, which served as the sound source. The sound receivers included the new residential
apartment building across NW 24th street, Wynwood 25, and a commercial office behind Le Chick, Haber Law
on NW 23rd Street. Photos of the test locations are shown below and are given in Figure 1, attached.
Test Protocol
An acoustical engineering sound survey was conducted at three (3) locations on the site of an outdoor music
entertainment venue on Wednesday morning, August 19, 2020. These sound survey tests were conducted
by Bennett Brooks of BAC, accompanied by Albert Garcia and Manny Gonzalez of the Wynwood BID. The
survey was conducted in accordance with the acoustic test requirements specified in generally accepted sound
survey standards, including ASTM E1503-14.
These tests were short term sound surveys at mobile locations at the site. For those short term tests, a
handheld sound analyzer was mounted at the sound source location and another sound analyzer was
transported to two locations and mounted on a tripod. Sound test records at these location were made for time
periods of up to 15 minutes.
The sound source survey position was near the outdoor garden of Le Chick restaurant:
Position S1. 25 feet from the northeast corner of the outdoor garden on NW 24th Street
The sound receiver survey test positions were located as follows:
Position R1. In the northwest corner office at the Haber Law Firm office building on NW 23rd Street
Position R2. In Unit 235 of the Wynwood 25 building, in the living room facing NW 24th Street
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Sound Test Position S1 — 25 feet from northeast corner of Le Chick outdoor garden
Position R1 — Haber Law Firm northwest corner office
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Position R2 — Wynwood 25 Unit 235 living room
The sound survey field test acoustic measurement systems included a digital (Type 1) integrating logging
sound level analyzer (Norsonic Nor140). This hand-held analyzer system was mounted on a tripod and
was transported to each field survey test position. This system was used to record the sound levels and
the sound waveforms at the short term test positions. The instrument operator was present during the
short term tests. Another digital (Type 2) integrating logging sound level analyzer (Studio Six Digital) was
mounted on a tripod at the sound source location (Le Chick).
The field acoustic measurement systems were calibrated with equipment directly traceable to the U.S.
National Institute for Standards and Technology (NIST). The nominal accuracy for these measurement
systems is ± 1.5 dB. Calibration certificates for these instruments are available upon request. The
acoustic measurement systems were field calibrated before and after the sound test surveys to confirm
accuracy and proper data acquisition. A listing of the test instrument components is given in Table 1.
The acoustics measurement test protocol for the each instrument system was set to American National
Standards Institute (ANSI) standard A -weighting (human hearing) and C-weighting (bass impact) for
frequency, with fast time weighting. The internal clock of each analyzer was synchronized with the NIST
atomic clock to within a tolerance of 1 second.
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During these tests, the test instruments continuously recorded the sound level every second and
computed the energy average level. Also, the instrument stored statistical and spectral acoustic
parameters for the test period, updating those values periodically.
During the sound test survey, observation logs and notes were written identifying test procedures and
also significant sound generating events and sources. Also, during this test survey, the weather
conditions at the site were documented and included temperature and relative humidity. Acoustical test
equipment operating parameters were recorded by the measurement systems.
The test procedure began by setting up the source sound analyzer at the location 25 feet from the outdoor
garden at Le Chick. Prior to starting the music, a sound record was obtained of the ambient background sound
on NW 24th Street. This included the sounds of construction tools and passing road traffic. Then the music
was started at a level which was set for the maximum evening entertainment program. Another record was
taken showing the sound level of the music at the 25 foot location, per the draft NRD-1 ordinance.
Then the sound analyzer was transported to the Haber Law building on 23rd Street, and set up in the office
directly adjacent to the Le Chick outdoor garden. The distance from the office to the garden is approximately
10 feet. Sound records were taken with the music playing at Le Chick and also without the music playing, but
with the office HVAC unit operating.
Then the sound analyzer was transported to the new apartment building on 24th Street, Wynwood 25, and set
up in the living room of Unit 235 which was across the street from the Le Chick restaurant. Sound records
were taken with the music playing at Le Chick, with the HVAC for the apartment shut down. For comparison,
an ambient background sound record was taken without the music playing, and also without the HVAC unit
operating. Lastly, a sound record was taken without the music playing, but with the HVAC operating.
Data analysis
In this analysis, measured sound levels are given in terms of standard decibels, or "dB". These sound levels
were A -weighted and C-weighted using standard digital filter networks.
Sound level measurements which apply A -weighting are designated by the symbol "dBA" or "dB(A)". The
A -weighting filter mimics human hearing sensitivity and is used for assessing the impacts of sounds on people.
Human hearing sensitivity (A -weighting) greatly discounts the lower frequency (bass) sounds.
Sound level measurements which apply C-weighting are designated by the symbol "dBC" or "dB(C)". The
C-weighting filter provides a response which more closely matches that of an unweighted (unfiltered)
microphone, and allows much more of the low frequency (bass) portion of the sound signal to be measured.
Further, sound temporal (time history) and spectral information were analyzed.
Time history analysis
Detailed sound test results for each sound survey are given in the form of a Time History Chart, which
shows the change in sound level over time for each test record.
Time history analysis of sound data can be very helpful for understanding the character of the tested
acoustical environment. Simply stated, the sound level time history indicates the sound level that is
measured at any given moment of time during the test period.
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In this analysis, the sound time history for the test is represented by a chart showing how the measured
sound levels varied with time. A steady sound such as a constant fan will appear to be more of a flat line
on the chart, while variable sounds of shorter duration such as passing vehicles will appear as a series
of peaks and valleys on the chart.
The sound survey time history analyses show the variation in sound level for the test periods, in 1 second
sample segments.
Spectral analysis — 1/3 Octave Bands
Also included in this report are spectral sound test data.
These data are the result of a spectral analysis of the measured sound. In this analysis, the measured
sound of the test record is divided into bands, known as 1/3 octave bands, which range from low
frequency (bass) to high frequency (treble) sounds. The sound levels associated with each of these
frequency bands may be shown on a spectrum chart ranging from low pitch on the left to high pitch on
the right, similar to the arrangement of a piano keyboard.
Sound survey test data analysis
The sound survey results are given by presenting the test data in the form of time history charts and
sound spectrum charts. The charts representing these data are attached, in the report Appendix.
Time history charts
Time history charts were analyzed. These charts show how the sound levels varied with each moment in time
over the sound survey test periods. The test time history graphs can help to provide an understanding of the
sound environment at the site. They also show how the sound from the music entertainment system operating
at Le Chick impacts the receiver locations.
A time history chart which shows the ambient background sound levels at the test Position S1 outdoor
location, 25 feet from the garden at Le Chick (before starting the outdoor music) is shown below.
A -weighted
Sound
Pressure
Level
LAeq
in dB
re: 20 pPa
110
100
90
80
70
60
50
40
Neighborhood background sounds - NW 240 Street
Operating construction tools, passing vehicles
I
Passing
Constniction
Vehicle
Tools
Passing
Vehicle
Construction
Tools —
1 klui
•
Test Overall Sound Level - MUSIC OFF
Average A -weighted SPL LAeq = 76 9EA
Average C-weighted SPL LCeq = 79 dIEIC
I I
5
Brooks Acoustics Corporation
49 N. Federal Hwy Pompano Beach, FL 33062
BAC Proiect Letter PJ2020-1341-L01 (Rev 1) — Wynwood BID — Proposed noise ordinance study Page 12
As seen in this ambient sound test chart, the baseline background sound level in the area was about 60 dBA
and ranged up to about 90 dBA. A variety of neighborhood background sound sources were present including
passing road traffic and construction tools. The sound level rarely went below 60 dBA.
The measured ambient background sound level averages for the test period were (A -weighted) 76 dBA, and
(C-weighted) 79 dBC.
A time history chart which shows the music sound levels at the test Position S1 outdoor location, 25 feet
from the garden at Le Chick, with the outdoor music at the pre-set max evening levels, is shown below.
Sound
Pressure
Level
LAec
in dB
re. 20 OPa
100
90
80
70
60
50
40
Entertainment Source Sound
— Sound system eperatng in Le Chick outtleor garden at normal max level —
`}yAA/vvvvy,41.v.1/-.A
Test Overall Sound Level - MUSIC ON
Average A -weighted SPL LAeq = 70 dBA
Average (-weighted SPL LCeq = 89 dBC
M
4 a <
As seen in this music sound test chart, the music sound level at a distance of 25 feet from the outdoor garden
was about 70 dBA and ranged from 66 dBA up to about 73 dBA, as the music varied a little during the test.
The entertainment sound system was kept at this level throughout the survey. It is noted that the traffic noise
and construction noise in the area can be higher in level than the music.
The average music level of 70 dBA and the max level of 73 dBA are well below the draft NRD-1 ordinance
max outdoor level of 85 dBA. The average music level of 89 dBC, being significantly higher (-19 dB) than the
A -weighted (dBA) level, shows that there is significant low frequency content (bass) in the music sound signal.
The outdoor dBC level is not regulated in the draft NRD-1 ordinance, and is shown for analysis purposes.
A comparison of the measured sound levels at Position R1 (Haber Law office) is shown in the chart below:
Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062
BAC Proiect Letter PJ2020-1341-L01 (Rev 1) —Wynwood BID — Proposed noise ordinance study Page 13
A -weighted
Sound
Pressure
Level
LAeq
En dB
re: 20 pPa
80
70
60
50
40
30
20
— Entertainment Sound in adjacent office budding (Haber Law Firm) compared to HVAC sound —
Sound system operating in Le Chick outdoor garden at normal max level
Office
generated
sound
_----
—
`-
-------�
Music at Le Chick
audible
t
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IVObilj
\
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6.41","4k144°
I
I
I
Test
Overall
Average
Average
Sound
A -weighted
C-weighted
Level - MUSIC
SPL
SPL
OFF.
LAeq = 44
LCeq = 73
HVAC ON
dBA
dBC
I
Test Overall Sound Level MUSIC ON, HVAC ON
-
Average A SPL LAeq = 46 dBA
-weighted
Average C-weighted SPL LCeq = 74 dBC
TIME of Recording (minutes}
As seen in this test chart, the music sound level in the Haber Law office ranged from about 43 dBA up to about
47 dBA, ignoring the sounds that were generated inside the office.
The average music level of 46 dBA is well below the draft NRD-1 ordinance max allowable level of 65 dBA.
The measured average bass music level of 74 dBC exceeded the max allowable level of 70 dBA.
However, it is noted that with the music turned off, the ambient background level in the office due to the
operation of the building HVAC unit was 44 dBA and 73 dBC. These sound levels, and particularly the low
frequency sound level, are considered high for an office HVAC system, but not necessarily unusual.
That the music + HVAC sound level (red line) was only slightly higher than the sound level of the HVAC alone
(blue line) is seen in the chart above.
If the HVAC noise is extracted mathematically from the total of music + HVAC, then the resulting level for the
music alone is 67 dBC. This means that the bass music level inside the office is marginally compliant with the
70 dBA limit set by the draft NRD-1 ordinance.
It is also noted that although the music level in the office was in compliance with the draft ordinance, the
occupant of the office was disturbed by the music and moved to another office for the duration of the test.
A comparison of the measured sound levels at Position R2 (Wynwood 25 apartment) is shown in the chart
below:
Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062
BAC Proiect Letter PJ2020-1341-L01 (Rev 1) —Wynwood BID — Proposed noise ordinance study Page 14
80
70
A -weighted 60
Sound
Pressure 50
Level
LAeq
in dB 40
re: 20 pPa
30
20
— Entertainment Sound in adjacent residential building (Wynwood 25, Unit 236) compared to HVAC sound —
Sound system operating in Le Chick outdoor garden at normal max level
Test Overall Sound Level - MUSIC OFF & HVAC ON
Average A -weighted SPL LAeq = 51 dBA
Average C-weighted SPL LCeq = 58 dBC
Music
at Le Chick
Sound
audible
generated
in building
-..+w+
- rf
�r
't
*
Test Overall Sound Level - MUSIC ON & HVAC OFF —
Test Overall Sound Level - MUSIC OFF & HVAC OFF
Average A -weighted SPL LAeq = 41 dBA
Average A -weighted SPL LAeq = 39 dBA
Average C-weighted SPL LCeq = 56 dBC
Average C-weighted SPL LCeq = 56 dBC
TIME of Recording (minutes)
0
0
0
0
0
0
0
0
As seen in this test chart, the music sound level in the residential apartment ranged from about 38 dBA up to
about 44 dBA, ignoring the sounds that were generated inside the building.
The average music level of 41 dBA is well below the draft NRD-1 ordinance max allowable level of 65 dBA.
The measured average bass music level of 56 dBC was well below the max allowable level of 70 dBA.
It is noted that with the music turned off and the HVAC off, the ambient background level in the apartment due
to the road traffic was 39 dBA and 55 dBC. These sound levels and particularly the low frequency sound level
are not unusual for an urban dwelling.
With the music turned off but with the HVAC ON, the ambient background level in the apartment due to the
operation of the building HVAC unit was 51 dBA and 58 dBC. These sound levels are not unusual for an
apartment HVAC unit.
The A -weighted sound level of the HVAC alone (blue line) was significantly higher than the sound level of the
music alone (red line) is seen in the chart above. The sound level of the music alone was only slightly higher
than the ambient sound level with no music and no HVAC (green line).
The music level in the apartment was in compliance with the draft ordinance. Also, it is noted that the music
was only barely audible in the apartment with the HVAC off. With the HVAC on, the sound of the HVAC would
likely mask the music and it is not expected that the music would be audible at these levels. The Wynwood 25
building is new and the windows are robust, so they will provide substantial isolation from outside sounds.
Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062
BAC Proiect Letter PJ2020-1341-L01 (Rev 1) — Wynwood BID — Proposed noise ordinance study Page 15
Discussion
A comparison of the draft NRD-1 noise ordinance with similar ordinances in the City of Miami, Fort Lauderdale
and New York City indicates that the NRD-1 ordinance is in some ways less restrictive, and in other ways more
restrictive on commercial businesses than those other ordinances. The differences between NRD-1 and the
Fort Lauderdale Entertainment Overlay are small, and the differences with the City of Miami are proposed in
recognition of the NRD-1 as an arts and entertainment district.
The effect of the less restrictive portions of NRD-1 ordinance as proposed would be to provide some flexibility
to businesses in implementing entertainment options, but could raise the impact on some residents.
Sound testing showed that the typical evening source level for the Le Chick operation at 25 feet distance (on
the street side) of 70 dB(A) had a margin of 15 dB before it reached the proposed 85 dB(A) limit. It is expected
that 70 dB(A) outside will have little or no impact on neighbors which are more than 50 feet distant. If the sound
level were raised by 15 dB to 85 dB(A) in the street, there would be a commensurate increase in sound level
at the neighboring properties, with the potential for increased impact. Depending on the relative locations of
the neighbors to the nearby entertainment business, the sound levels at a neighbor (residential or commercial)
could be marginally compliant or possibly non -compliant with the proposed limits.
Therefore, the provision which allows for adjustment of the NRD-1 ordinance parameters after 1 year and
thereafter on an annual basis will be helpful to make any changes if needed, and will allow the commercial
businesses and the residents to avoid the potential for conflict.
Please contact me if you have any questions concerning these findings.
Very truly yours,
BROOKS ACOUSTICS CORPORATION
/3
Bennett M. Brooks, PE, FASA, INCE
President
Attachments
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Brooks Acoustics Corporation 49 N. Federal Hwy Pompano Beach, FL 33062
BAC Project Letter PJ2020-1341-L01 Table 1
Wynwood B I D
Entertainment Sound Survey
Miami, FL
Table 1
ACOUSTIC INSTRUMENTATION SYSTEMS
19 August 2020
Data Acquisition Equipment
1. Norsonic Instruments
2. Apple
3. Studio Six Digital
4. Studio Six Digital
5. Extech Instruments
- Digital Precision Sound Level Analyzer — Class 1
Model NOR140, S/N 1403462*
- Microphone - Model 1225, S/N 98505*
- Acoustical Calibrator - Model 1251, S/N 32064*
- Computer Tablet - iPad Model MD542LL/A, S/N F4KL80F8F19L
- Microphone - iTestMic — SD2014, S/N FH10274*
- Audio Tools - Acoustical Test/Analysis software, Version 11.9.2
- Mini Thermo -Anemometer — Model 45158, S/N 13260
Laboratory Playback and Analysis Equipment
1. Norsonic
2. Lenovo
3. Microsoft
4. Brooks Acoustics
- NorXfer Analyzer Software, ver. 6.1
- Computer workstation with USB & SD interfaces
- Excel 2013 Spreadsheet Program
- BAC Proprietary Data Analysis Software
*Note: Certificates of Calibration available upon request.
Weather and indoor environment observations
Outside — 9:30 am — 86 deg F, 75% RH, wind calm, sky overcast
Inside - Haber Law office — 10:47 am — 78 deg F, 40% RH
- Wynwood 25 Unit 235 — 11:45 am — 72 deg F, 49% RH
BAC Project Letter PJ2020-1341-L01
Figure 1 a,b
Figure 1, a.
Figure 1, b
Source sound monitor mounted on tripod - 25 feet from Le Chick
outdoor garden. Viewing west along NW 24th Street. Le Chick on
left, Wynwood 25 apartments on right.
Source sound monitor mounted on tripod - 25 feet from Le Chick
outdoor garden. Viewing east. Le Chick garden on right.
BAC Project Letter PJ2020-1341-L01
Figure 1 c,d
Figure 1, c. Source sound monitor - 25 feet from Le Chick outdoor garden.
Figure 1, d
Source sound monitor mounted on tripod - 25 feet from Le Chick
outdoor garden. View of outdoor garden (Le Coq Tail).
BAC Project Letter PJ2020-1341-L01
Figure 1 e,f
Figure 1, e.
Figure 1, f.
Receiver sound monitor on tripod - Position R1, Haber Law office -
viewing north toward Le Chick outdoor garden.
Receiver sound monitor on tripod - Position R1, Haber Law office -
viewing south.
BAC Project Letter PJ2020-1341-L01
Figure 1 g,h
Figure 1, g.
Figure 1, h
Receiver sound monitor on tripod - Position R2, Wynwood 25
Apartment Unit 235 - viewing south toward Le Chick.
Receiver sound monitor on tripod - Position R2, Wynwood 25
Apartment Unit 235 - viewing west.
BAC Project Letter PJ2020-1341-L01
Figure 1 i.j
Figure 1, i.
Figure 1, j.
Receiver sound monitor on tripod - Position R2, Wynwood 25
Apartment Unit 235 - viewing southeast toward Le Chick garden.
Wynwood 25 Apartment Unit 235 - viewing south across NW 24th
Street.
BAC Proiect Letter PJ2020-1341-L01— Wvnwood BID — Proposed noise ordinance study Appendix
APPENDIX
1- Sound Survey Test Data Charts
Comparison charts — time histories and spectral data
Individual test charts
2- Noise Ordinances
Draft NRD-1
City of Miami
Fort Lauderdale
New York City
Brooks Acoustics Corporation Pompano Beach, FL and Vernon, CT
Wynwood BID Entertainment Sound Survey
Entertainment Sound Survey
Miami, FL
A -weighted
Sound
Pressure
Level
LAeq
in dB
re: 20 NPa
80
70
60
50
40
30
20
10
0
0
Receiver Location - Haber Law Office - MUSIC ON & MUSIC OFF
A -weighted Sound Levels
Date: 19 Aug 20
Time: 10:34 AM
Position: R1
0
0
O
Entertainment Sound in adjacent office building (Haber Law Firm) compared to HVAC sound
Sound system operating in Le Chick outdoor garden at normal max level
Office
generated
sound
Test Overall Sound Level - MUSIC OFF, HVAC ON
0
0
O
0
Average A -weighted SPL LAeq = 44 dBA
Average C-weighted SPL LCeq = 73 dBC
0
0
0
0
0
0
O
O
O
0
O
BAC Time History COMPARISON 1. LAeq, LCeq
O
0
O
O
0
co
O
Music at Le Chick
audible
Test Overall Sound Level - MUSIC ON, HVAC ON
Average A -weighted SPL LAeq = 46 dBA
Average C-weighted SPL LCeq = 74 dBC
TIME of Recording (minutes)
O
9.
0
0
O
O
0
N
0
0
M
O
O
9.
O
0
Lc)
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D
0
B
m
2
0
0
n
0
D
0
z
Wynwood BID
Entertainment Sound Survey
Miami, FL
Weighted
SPL
LAeq
Sound
Pressure
Level
in dB
re: 20 pPa
70
60
50
40
30
20
10
0
16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz
Entertainment Sound Survey
Receiver Location - Haber Law Office
A -weighted Sound Levels
Date: 19 Aug 20
Time: Various
Position: R1
I I I I I I I I I I I I I I I I
Comparison of Sound Levels
Music ON HVAC ON LAeq = 46 dBA
Music OFF HVAC ON LAeq = 44 dBA
1/3 Octave Band Center Frequency in Hertz
BAC Comparison Graph - Haber Law LAeq.
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Wynwood BID
Entertainment Sound Survey
Miami, FL
Weighted
SPL
LCeq
Sound
Pressure
Level
in dB
re: 20 pPa
70
60
50
40
30
20
10
0
16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz
Entertainment Sound Survey
Receiver Location - Haber Law Office
C-weighted Sound Levels
Date: 19 Aug 20
Time: Various
Position: R1
I I I I I I I I I I I I I I I I
Comparison of Sound Levels
Music ON HVAC ON LCeq = 74 dBC
Music OFF HVAC ON LCeq = 73 dBC
L
1/3 Octave Band Center Frequency in Hertz
BAC Comparison Graph - Haber Law LCeq.
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Wynwood BID Entertainment Sound Survey
Entertainment Sound Survey
Miami, FL
A -weighted
Sound
Pressure
Level
LAeq
in dB
re: 20 NPa
80
70
60
50
40
30
20
10
Receiver Location - 25 Wynwood Unit 235 - MUSIC ON & MUSIC OFF
A -weighted Sound Levels
Date: 19 Aug 20
Time: various
Position: R2
Entertainment Sound in adjacent residential building (Wynwood 25, Unit 235) compared to HVAC sound
Sound system operating in Le Chick outdoor garden at normal max level
Test Overall Sound Level - MUSIC OFF & HVAC ON
Average A -weighted SPL LAeq = 51 dBA
Average C-weighted SPL LCeq = 58 dBC
Sound
generated
in building
Music at Le Chick
audible
Test Overall Sound Level - MUSIC OFF & HVAC OFF
Average A -weighted SPL LAeq = 39 dBA
Average C-weighted SPL LCeq = 55 dBC
Test Overall Sound Level - MUSIC ON & HVAC OFF
Average A -weighted SPL LAeq = 41 dBA
Average C-weighted SPL LCeq = 56 dBC
0 0 0 0 O O O O O O O 0 O
O O 0 0 0 0 0 O O O O O O
O N C) O N
O O O O O O O O O O
O O O O O O O O O O O O O O O O
TIME of Recording (minutes)
BAC Time History COMPARISON 2. LAeq, LCeq
0 0 0
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Wynwood BID
Entertainment Sound Survey
Miami, FL
Weighted
SPL
LAeq
Sound
Pressure
Level
in dB
re: 20 pPa
70
60
50
40
30
20
10
0
Entertainment Sound Survey
Receiver Location - Wynwood 25 - Unit 235
A -weighted Sound Levels
Date: 19 Aug 20
Time: various
Position: R2
I I I I I I I I I I I I I I I I
Comparison of Sound Levels
Music OFF HVAC ON LAeq = 58 dBA
Music ON HVAC OFF LAeq = 56 dBA
Music OFF HVAC OFF LAeq = 55 dBA
1
•
•
--L
•
•
•
•
•
•
•
•
• •
•
• • Nir
• • •
• • .
• • •
00
• •
•
•
•
•
•
•
•
•
•
•
•
.•
••••
••
•
•
•
•
••
•
•
•
•
•
• •
••
•
•
•
16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz
1/3 Octave Band Center Frequency in Hertz
BAC Comparison Graph - Wynwood 25 LAeq.
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Wynwood BID
Entertainment Sound Survey
Miami, FL
Weighted
SPL
LCeq
Sound
Pressure
Level
in dB
re: 20 pPa
70
60
50
40
30
20
10
0
16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz
Entertainment Sound Survey
Receiver Location - Wynwood 25 - Unit 235
C-weighted Sound Levels
Date: 19 Aug 20
Time: various
Position: R2
•• •
•
•
•
I I I I I I I I I I I I I I I I
Comparison of Sound Levels
Music OFF HVAC ON LCeq = 58 dBC
Music ON HVAC OFF LCeq = 56 dBC
Music OFF HVAC OFF LCeq = 55 dBC
•
•
• •`
• •
• •
• • •
• • •
•
•
•
••
••
•
•
•
•
•
•
•
• •.
•
•
•
•••.•
•
•
•
•
•
•
••
•
••
•
•
1/3 Octave Band Center Frequency in Hertz
BAC Comparison Graph - Wynwood 25 LCeq.
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Wynwood BID Entertainment Sound Survey
Entertainment Sound Survey
Miami, FL
A -weighted
Sound
Pressure
Level
LAeq
in dB
re: 20 NPa
110
100
90
80
70
60
50
40
Source Location - Outside of Le Chick
A -weighted Sound Levels
Date: 19 Aug 20
Time: 10:00 AM
Position: S1
Neighborhood background sounds - NW 24th Street
Operating construction tools, passing vehicles
Passing
Vehicle
Construction
Tools
Passing
Vehicle
Construction
Tools
Test Overall Sound Level - MUSIC OFF
Average A -weighted SPL LAeq = 76 dBA
Average C-weighted SPL LCeq = 79 dBC
Q Q Q Q Q Q Q Q Q Q
O N M V co Co I-- co 0)
O O O O O O O O O O
O O O O O O O O O O
BAC Time History TH2020-0819-S1
LAeq, LCeq
TIME
01-9EE6-OZOZf d Jana] }aafoad 0VEI
6S 6680-OZOZH±AJo}siH 0VEI
Wynwood BID Entertainment Sound Survey
Entertainment Sound Survey
Miami, FL
Sound
Pressure
Level
LAeq
in dB
re: 20 NPa
110
100
90
80
70
60
50
40
Source Location - 25 feet from Le Chick
A -weighted Sound Levels
Date: 19 Aug 20
Time: 10:20 AM
Position: S1
Entertainment Source Sound
Sound system operating in Le Chick outdoor garden at normal max level
Test Overall Sound Level - MUSIC ON
Average A -weighted SPL LAeq = 70 dBA
Average C-weighted SPL LCeq = 89 dBC
2
BAC Time History TH2020-0819-001 LAeq
2
N
O
TIME
2
N
O
1-01-6tE6-OZOZf d Jana] }aafoad 0V9
600-6680-OZOZH±AJo}siH DVS
Wynwood BID
Entertainment Sound Survey
Miami, FL
Weighted
SPL
LCeq
LAeq
Sound
Pressure
Level
in dB
re: 20 NPa
100
90
80
70
60
50
40
30
Entertainment Sound Survey
Source Location - 25 feet from Le Chick
A -weighted & C-weighted Sound Levels
LAeq = 70 LCeq = 89
Date: 19 Aug 20
Time: 10:20
Position: S1
*41
I
16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz
1/3 Octave Band Center Frequency in Hertz
BAC Graph GR2020-0819-001 LAeq & LCeq.
L01-OE£6-OZOZrd aa118i 1Oafoad ob'8
bem bab'1 1.00-61.80-OZOZHJ ydea0 od8
Wynwood BID Entertainment Sound Survey
Entertainment Sound Survey
Miami, FL
A -weighted
Sound
Pressure
Level
LAeq
in dB
re: 20 NPa
80
70
60
50
40
30
20
10
¢ ¢
✓ L()
co co
O O
Receiver Location - Haber Law Office - MUSIC ON
A -weighted Sound Levels
Entertainment Sound in adjacent office building
Sound system operating in Le Chick outdoor garden at normal max level
Average A -weighted SPL LAeq = 46 dBA
Average C-weighted SPL LCeq = 74 dBC
CO N.
CO M V V V
O O O O O O O
BAC Time History TH2020-0819-004
LAeq, LCeq
TIME
Lc)
V
O
2
co
szr
Date: 19 Aug 20
Time: 10:34 AM
Position: R1
2
O
1-01-6tE6-OZOZf d Jana] }aafoad 0V9
i00-6680-OZOZH±AJo}siH DVS
Wynwood BID
Entertainment Sound Survey
Miami, FL
Weighted
SPL
LCeq
LAeq
Sound
Pressure
Level
in dB
re: 20 NPa
70
60
50
40
30
20
10
0
16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz
Entertainment Sound Survey
Receiver Location - Haber Law Office - MUSIC ON & HVAC ON
A -weighted & C-weighted Sound Levels
LAeq = 46 LCeq = 73
Date: 19 Aug 20
Time: 10:34
Position: R1
1'
I
•
.^
1/3 Octave Band Center Frequency in Hertz
BAC Graph GR2020-0819-004 LAeq & LCeq.
601-ib£6-OZOZrd aa118i 1Oafoad ob'8
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Wynwood BID Entertainment Sound Survey
Entertainment Sound Survey
Miami, FL
A -weighted
Sound
Pressure
Level
LAeq
in dB
re: 20 NPa
80
70
60
50
40
30
20
10
Receiver Location - Haber Law Office - Background Sound
A -weighted Sound Levels
Date: 19 Aug 20
Time: 10:54 AM
Position: R1
Background Sound in adjacent office building
Sound system at Le Chick OFF - background sound due to office HVAC
Test Overall Sound Level - MUSIC OFF & HVAC ON
Average A -weighted SPL LAeq = 44 dBA
Average C-weighted SPL LCeq = 73 dBC
2
0
BAC Time History TH2020-0819-005
LAeq, LCeq
2
0
TIME
2
co
2
0
1-01-6tE6-OZOZf d Jana] }aafoad 0V9
900-6680-OZOZH±AJo}siH DVS
Wynwood BID
Entertainment Sound Survey
Miami, FL
Weighted
SPL
LCeq
LAeq
Sound
Pressure
Level
in dB
re: 20 NPa
70
60
50
40
30
20
10
0
16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz
Entertainment Sound Survey
Receiver Location - Haber Law Office - MUSIC OFF & HVAC ON
A -weighted & C-weighted Sound Levels
LAeq = 44 LCeq = 73
Date: 19 Aug 20
Time: 10:54
Position: R1
of
1'
1/3 Octave Band Center Frequency in Hertz
BAC Graph GR2020-0819-005 LAeq & LCeq.
601-ib£6-OZOZrd aa118i 1Oafoad ob'8
bem '8 bab'1 900-61.80-OZOZHJ ydea0 od8
Wynwood BID Entertainment Sound Survey
Entertainment Sound Survey
Miami, FL
A -weighted
Sound
Pressure
Level
LAeq
in dB
re: 20 NPa
80
70
60
50
40
30
20
10
2
Receiver Location - Wynwood 25 - Unit 235 - Background Sound
A -weighted Sound Levels
Date: 19 Aug 20
Time: 11:21 AM
Position: R2
Background Sound in adjacent residential apartment building
Sound system at Le Chick OFF - Apartment HVAC OFF - background sound due to neighborhood road traffic
Test Overall Sound Level - MUSIC OFF - HVAC OFF
Average A -weighted SPL LAeq = 39 dBA
Average C-weighted SPL LCeq = 55 dBC
BAC Time History TH2020-0819-008
LAeq, LCeq
TIME
1-01-6tE6-OZOZf d Jana] }aafoad 0V9
800-6680-OZOZH±AJo}siH DVS
Wynwood BID
Entertainment Sound Survey
Miami, FL
Weighted
SPL
LCeq
LAeq
Sound
Pressure
Level
in dB
re: 20 JPa
70
60
50
40
30
20
10
0
16 Hz 32 Hz
Entertainment Sound Survey
Receiver Location - Wynwood 25 - Unit 235 - Background Sound
A -weighted & C-weighted Sound Levels
LAeq = 39 LCeq = 55
Date: 19 Aug 20
Time: 11:21
Position: R2
Test Overall Sound Level - MUSIC OFF - HVAC OFF
Average A -weighted SPL LAeq = 39 dBA
Average C-weighted SPL LCeq = 55 dBC
63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz
1/3 Octave Band Center Frequency in Hertz
BAC Graph GR2020-0819-008 LAeq & LCeq.
601-ib£6-OZOZrd aa118i 1Oafoad ob'8
bem '8 bab'1 800-61.80-OZOZHJ ydea0 od8
Wynwood BID Entertainment Sound Survey
Entertainment Sound Survey
Miami, FL
A -weighted
Sound
Pressure
Level
LAeq
in dB
re: 20 NPa
80
70
60
50
40
30
20
10
Receiver Location - 25 Wynwood - Unit 235 - Entertainment Sound
A -weighted Sound Levels
Date: 19 Aug 20
Time: 11:28 AM
Position: R2
Background Sound in adjacent residential apartment building
Sound system at Le Chick ON - Apartment HVAC OFF - Entertainment sound in apartment
2
co
2
rn
Test Overall Sound Level - MUSIC ON - HVAC OFF
Average A -weighted SPL LAeq = 41 dBA
Average C-weighted SPL LCeq = 56 dBC
2
2
BAC Time History TH2020-0819-009 LAeq, LCeq
2
LC)
2
1-01-6tE6-OZOZf d Jana] }aafoad 0V9
600-6680-OZOZH±AJo}siH DVS
Wynwood BID
Entertainment Sound Survey
Miami, FL
Weighted
SPL
LCeq
LAeq
Sound
Pressure
Level
in dB
re: 20 NPa
70
60
50
40
30
20
10
0
Entertainment Sound Survey
Receiver Location - Wynwood 25 - Unit 235 - Entertainment Sound
A -weighted & C-weighted Sound Levels
LAeq = 41 LCeq = 56
Date: 19 Aug 20
Time: 11:28
Position: R2
Test Overall Sound Level - MUSIC ON - HVAC OFF
Average A -weighted SPL LAeq = 41 dBA
Average C-weighted SPL LCeq = 56 dBC
(
16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz
1/3 Octave Band Center Frequency in Hertz
BAC Graph GR2020-0819-009 LAeq & LCeq.
601-ib£6-OZOZrd aa118i 1Oafoad ob'8
bem bay1 600-61.80-OZOZHJ ydea0 od8
Wynwood BID Entertainment Sound Survey
Entertainment Sound Survey
Miami, FL
A -weighted
Sound
Pressure
Level
LAeq
in dB
re: 20 NPa
80
70
60
50
40
30
20
10
Receiver Location - Wynwood 25 - Unit 235 - Background Sound
A -weighted Sound Levels
Date: 19 Aug 20
Time: 11:50 AM
Position: R2
Background Sound in adjacent residential apartment building - Wynwood 25 - Unit 235
Sound system at Le Chick OFF - Apartment HVAC ON - background sound due to HVAC
Test Overall Sound Level - MUSIC OFF - HVAC ON
Average A -weighted SPL LAeq = 51 dBA
Average C-weighted SPL LCeq = 58 dBC
2
0
BAC Time History TH2020-0819-010
LAeq, LCeq
2
TIME
1-01-6tE6-OZOZf d Jana] }aafoad 0V9
060-6680-OZOZH± AJo}siH DVS
Wynwood BID
Entertainment Sound Survey
Miami, FL
Weighted
SPL
LCeq
LAeq
Sound
Pressure
Level
in dB
re: 20 JPa
70
60
50
40
30
20
10
0
Entertainment Sound Survey
Receiver Location - Wynwood 25 - Unit 235 - Background Sound
A -weighted & C-weighted Sound Levels
LAeq = 51 LCeq = 58
Date: 19 Aug 20
Time: 11:50
Position: R2
I
r�
l
Test Overall Sound Level - MUSIC OFF - HVAC ON
Average A -weighted SPL LAeq = 51 dBA
Average C-weighted SPL LCeq = 58 dBC
'404.00
16 Hz 32 Hz 63 Hz 125 Hz 250 Hz 500 Hz 1000 Hz 2000 Hz 4000 Hz 8000 Hz
1/3 Octave Band Center Frequency in Hertz
BAC Graph GR2020-0819-010 LAeq & LCeq.
L01-OE£6-OZOZrd aa118i 1Oafoad ob'8
bem bab'1 060-61.80-OZOZHJ ydea0 od8
...Title
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING SECTIONS 36-4
AND 36-5 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY
CODE"), TITLED "OPERATION OF RADIOS, PHONOGRAPHS OR OTHER SOUND -
MAKING DEVICES; BANDS, ORCHESTRAS AND MUSICIANS -GENERALLY;
EXEMPTION.," AND "SAME -HOURS OF OPERATION OF JUKEBOXES, RADIOS,
ETC.; EXEMPTION FOR EVENTS OF CITY -OWNED PROPERTY; RELAXATION.,"
RESPECTIVELY, TO SUPPLEMENT AND SET APART THE REGULATIONS
GOVERNING NOISE WITHIN THE NRD-1 DISTRICT IN THE CITY OF MIAMI;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
NRD-1Section 2. Chapter 36 of the City Code is hereby amid by modifying Sections
36-4 and 36-5 in the following particulars:1
CHAPTER 36
NOISE
***
Sec. 36-4. - Operation of radios, phonogrther sound -making devices; bands,
orchestras and musicians —Generally; exemptio
(a) It shall be unlawful for any person owning, occupying or having charge of any
building or premises or any part thereof, in the city, at any time to cause or suffer
or allow any loud, unnecessary, excessive or unusual noises in the operation of
any radio, phonograph or other mechanical sound -making device or instrument,
or reproducing device or instrument, or in the playing of any band, orchestra,
musician or group of musicians, or in the use of any device to amplify the music
of any band, orchestra, musician or group of musicians, where the noise or music
is plainly audible at a distance of 100 feet from the building, structure, vehicle or
premises in which or from which it is produced. The fact that the noise or music is
plainly audible at a distance of 100 feet from the vehicle or premises from which
it originates constitutes prima facie evidence of a violation of this chapter.
(b) The NRD-1 District, as defined in Section 4-5 of the Code, is exempt from
subsection (a) above.
Within the NRD-1 District, it shall be unlawful for any person owning, occupying
or having charge of any building or premises or any part thereof, at any time to
cause or suffer or allow any loud, unnecessary, excessive or unusual noises in
the operation of any radio, phonograph or other mechanical sound -making
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
device or instrument, or reproducing device or instrument, or in the playing of any
band, orchestra, musician or group of musicians, or in the use of any device to
amplify the music of any band, orchestra, musician or group of musicians, where
the noise or music:
Exceeds 85 dB(A) at a distance of greater than 25 feet from the property
line of the property on which or from which it is produced; or
ii. The bass level exceeds 70 dB(C) when measured from within an
enclosed structure with all windows, doors and other openings closed; or
Exceeds 65 dB(A) when measured from within an enclosed structure with
all windows, doors and other openings closed.
(c) The fact that the noise or music emanating from the property on which or from
which it is produced exceeds the dB(A) sound level referenced in subsection (b)
(i) above constitutes prima facie evidence of a violation of subsection (b)(i) of this
chapter.
The fact that the noise or music exceeds either of the dB(A) or dB(C) sound
levels referenced in subsections (b)(ii) and (b)(iii) above shall only constitute
prima facie evidence of a violation of subsections (b)(ii) or (b)(iii) of this chapter
upon confirmation of the source of the excessive noise or music.
(d) The city commission may declare an exemption from the prohibitions contained
in paragraph (a) above and declare them inapplicable on special occasions by
resolution.
(e) The noise standards of paragraph (b) above shall be reviewed by the City
Manager prior to the one (1) year anniversary of the effective date of these
amendments.
Sec. 36-5. - Same —Hours of operation of jukeboxes, radios, etc.; exemption for events on city -
owned property; relaxation.
(a) It shall be unlawful for any person owning, occupying or having charge of any
business establishment, or any part thereof, in the city, to cause or suffer to
cause the playing or operating of music boxes, jukeboxes, radios, musical
instruments or any other musical devices on or about the premises between the
hours of 11:00 p.m. and 7:00 a.m. the following day, unless such music boxes,
jukeboxes, radios, musical instruments and other devices are played or operated
in a closed building and the sound is not audible from outside the building so as
to disturb the quiet, comfort or repose of persons in any dwelling, hotel or other
type of residence. Upon a second conviction of violation of this section the county
judge may at his/her discretion revoke and terminate any license issued under
chapter 31 to the licensee.
(b) All of the above and foregoing shall not apply to activities and events held in or
upon any city -owned facility or other city -owned property, or to the NRD-1
District, as defined in Section 4-5 of the Code.
Within the NRD-1 District. it shall be unlawful for any person owning. occupying
or having charge of any business establishment. or any part thereof. to cause or
suffer to cause the playing or operating of music boxes, jukeboxes, radios,
musical instruments or any other musical devices on or about the premises
between the hours of 3:00 a.m. and 7:00 a.m. the following day, unless such
music boxes, jukeboxes, radios, musical instruments and other devices are
played or operated in a closed building and the sound is not audible from outside
the building so as to disturb the quiet, comfort or repose of persons in any
dwelling, hotel or other type of residence. Upon a second conviction of violation
of this section the county judge may at his/her discretion revoke and terminate
any license issued under chapter 31 to the licensee.
(c) The city commission may relax the time restrictions contained in paragraphs (a)
and/or (b) above or declare them inapplicable on special occasions by resolution.
*
*
*
Section 3. This Ordinance shall supersede any . all c• ting noise related
restrictions and conditions set forth in any Warrant and Excep"°'.n approva ed to properties
within the NRD-1 District prior to the date this Ordinance becomes effective.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall beco - -ctive thi
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNE
Victoria Mendez, City
days after its adoption and
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein, whichever is later.
4/21/2011 Municode
Miami, Florida, Code of Ordinances» PART II - THE CODE =° Chapter 36 - NOISE
Chapter 36 - NOISE[108]
Sec. 36-1. - Unnecessary, excessive or unusual noises —Generally.
Sec. 36-2. - Same —Near hospitals and schools.
Sec. 36-3. - Loud or boisterous noises generally.
Sec. 36-4. - Operation of radios, phonographs or other sound -making devices; bands, orchestras and musicians
—Generally; exemption.
Sec. 36-5. - Same —Hours of operation ofjukeboxes, radios, etc.; exemption for events on city -owned property;
relaxation.
Sec. 36-6. - Construction equipment.
Sec. 36-7. - Emission of steam and other gases.
Sec. 36-8. - Mechanical and fire equipment.
Sec. 36-1.- Unnecessary, excessive or unusual noises —Generally.
It shall be unlawful to make any loud, unnecessary, excessive or unusual noise in the city.
(Code 1967, § 36-1; Code 1980, § 36-1)
Sec. 36-2.- Same —Near hospitals and schools.
It shall be unlawful for any person, by himself or by the operation of any instrument, agency or vehicle, to
make any unnecessary noises within 100 feet of any portion of the grounds and premises on which is located a
hospital or other institution reserved for the sick, or anyschool during school hours. The city manager shall
place as manysigns as he maydeem proper within or near zones hereby created, calling attention to the
prohibition against unnecessary noises within such zones.
(Code 1967, § 36-2; Code 1980, § 36-2)
Sec. 36-3.- Loud or boisterous noises generally.
No person shall create any loud or boisterous noise which may annoy persons on anystreetorsidewalk
or in any building adjacent thereto.
(Code 1967, § 36-3; Code 1980, § 36-3)
Sec. 36-4.- Operation of radios, phonographs or other sound -making devices; bands,
orchestras and musicians —Generally; exemption.
(a) It shall be unlawful for any person owning, occupying or having charge of any building or premises or any
part thereof, in the city, at anytime to cause or suffer or allow any loud, unnecessary, excessive or
unusual noises in the operation of any radio, phonograph or other mechanical sound -making device or
instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or
group of musicians, or in the use ofanydevice to amplify the music of any band, orchestra, musician or
group of musicians, where the noise or music is plainly audible at a distance of 100 feet from the
building, structure, vehicle or premises in which or from which it is produced. The fact that the noise or
music is plainly audible at a distance of 100 feet from the vehicle or premises from which it originates
constitutes prima facie evidence ofa violation of this chapter.
(b) The city commission maydeclare an exemption from the prohibitions contained in paragraph (a) above
and declare them inapplicable on special occasions by resolution.
(Code 1967, § 36-4; Ord. No. 10797, § 1, 10-18-90; Code 1980, § 36-4)
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4/21/2011 Municode
Sec. 36-5.- Same —Hours of operation of jukeboxes, radios, etc.; exemption for events
on city -owned property; relaxation.
(a) It shall be unlawful for any person owning, occupying or having charge of any business establishment, or
any part thereof, in the city, to cause or suffer to cause the playing or operating of music boxes, jukeboxes,
radios, musical instruments or any other musical devices on or about the premises between the hours of
11:00 p.m. and 7:00 a.m. the following day, unless such music boxes, jukeboxes, radios, musical
instruments and other devices are played or operated in a closed building and the sound is not audible
from outside the building so as to disturb the quiet, comfort or repose of persons in anydwelling, hotel or
other type of residence. Upon a second conviction of violation of this section the county judge may at his
discretion revoke and terminate anylicense issued under chapter 31 to the licensee.
(b) All of the above and foregoing shall notapplyto activities and events held in or upon any city -owned facility
or other city -owned property.
(c) The city commission may relax the time restrictions contained in paragraph (a) above or declare them
inapplicable on special occasions by resolution.
(Code 1967, § 36-5; Ord. No. 8660, § 1, 6-9-77; Ord. No. 10797, § 1, 10-18-90; Code 1980, § 36-5)
Sec. 36-6.- Construction equipment.
(a) Prohibition; definitions. Operating or permitting the operation ofanytools or equipment used in
construction, drilling, or demolition work such as pile drivers, steam shovels, pneumatic hammers,
pumps, or other like equipment is prohibited:
(1) Between the hours of 6:00 p.m. and 8:00 a.m. the following day on weekdays, or at anytime on
Sundays or holidays, such that the sound therefrom creates a noise disturbance across and ata
residential district boundaryor within a noise sensitive zone, except for emergencywork of public
service utilities or byspecial permission issued pursuant to subsection (c).
(2) At any other time such that the sound level at or across a real property boundary exceeds a reading
of 0.79 weighted average dBAforthe daily period of operation. Such sound levels shall be
measured with a sound level meter manufactured according to standards prescribed bythe
American National Standards Institute.
(b) Definitions.
Holidays, as used herein, shall mean those days designated by the United State Congress as legal
public holidays, except that whenever anysuch dayshall fall upon a Sunday, the Monday next following shall be
deemed a public holidayfor purposes of this section.
Noise disturbance as used herein, shall mean anysound which (a) endangers or injures the safety or
health of humans or animals, or (b) annoys or disturbs a reasonable person of normal sensitivities, or (c)
endangers or injures personal or real property.
Noise sensitive zone, as used herein, shall mean existing quiet zones, if any, and those areas containing
noise sensitive activities including, but not limited to, operations of schools, libraries open to the public, houses
of worship, hospitals, and nursing homes.
Residential districts, as used herein, shall mean any residential district as set forth in the city's zoning
ordinance, as amended, or as maybe hereafter amended.
Weighted average dBA, as used herein, means the 24-hour energy average of the sound pressure level
in decibels (dB), as measured on a sound level meter using the A -weighted network; any readings taken during
the period 10:00 p.m. to 7:00 a.m. the following day are increased by ten dBA before averaging the other
readings. The A -weighted network (dBA) is recommended by the U.S. Environmental Protection Agency as a
means of describing environmental noise because it most closely mimics the human ear byweighting the
frequency spectrum to give greater weight to the frequencies between 1,000 and 6,000 hertz (cycles per
second).
(c) Exception. The city manager is hereby authorized to permit the operation and use of any of the above
construction machinery during the aforesaid prohibited periods of time in the event that such operation or
use is required to eliminate or reduce anydangerous or hazardous condition which endangers life or
property.
(d) Violation; penalty. Any person who shall violate any provision of this section shall, upon conviction thereof,
be punished as provided in section 1-13. Each 24-hour day is to be considered a separate violation.
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4/21/2011 Municode
(Code 1967, § 36-13; Ord. No. 9063, § 1, 1-24-80; Ord. No. 10754, § 1, 6-28-90; Code 1980, § 36-13)
Sec. 36-7.- Emission of steam and other gases.
It shall be unlawful to permit or cause the emission of steam or other gases if such emission cannot be
done without the production of disturbing noises.
(Code 1967, § 36-14; Ord. No. 10754, § 1, 6-28-90; Code 1980, § 36-14)
Sec. 36-8.- Mechanical and fire equipment.
It shall be unlawful to operate mechanical and fire equipment, including air conditioning compressors,
pumps, blowers, exhaust fans, filters and other similar noise -producing equipment, in all residential,
institutional, commercial and industrial zoned property, when such equipment emits noise which exceeds the
following noise levels, measured at the receiving property line nearest to the source; such sound levels shall be
measured with a sound level meter manufactured according to standards prescribed by the American National
Standards Institute:
Maximum Permitted Sound Level in Decibels dBA
Receiving
Land Use
At Property Line
or Beyond
Between 10:00 p.m.
and 7:00 a.m.
At Property Line
or Beyond
Between 7:00 a.m.
and 10:00 p.m.
Single-family
5 dBA above ambient or maximum
of 55 dBA
10 dBA above ambient or
maximum of 60 dBA
Multifamily, institutional, parks-75
dBA above ambient or maximum
10 dBA above ambient or
and noise -sensitive zones
of 60 dBA
maximum of 65 dBA
Retail commercial (offices, retail,
restaurants and movies)
5 dBA above ambient or maximum
of 65 dBA
10 dBA above ambient or
maximum of 65 dBA
Wholesale commercial and
industrial
5 dBA above ambient or maximum
of 70 dBA
10 dBA above ambient or
maximum of 75 dBA
(Code 1967, § 36-15; Ord. No. 10754, § 1, 6-28-90; Code 1980, § 36-15)
FOOTNOTE(S):
(10)City Code cross references —Noisy dogs, § 6-39; bicycle bells or other warning devices, § 8-3; noise from ships, boats, etc., § 50-7.
(Back)
(108>County Code cross references —Railroad train whistle and horn noise pollution prohibited, § 21-27.3; excessive and unnecessary
noisesprohibited, § 21-28. (Back)
t1°8> Law review references—Commentson sound amplifiers, 2 Fla. L. Rev. 103,257. (Back)
(108) State Law reference— Motor vehicle noise, F.S. §§ 316.293, 403.415 et seq. (Back)
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7/11/2017 Fort Lauderdale, FL Code of Ordinances
Chapter 17 - NOISE CONTROL[11
Footnotes:
--- (1) ---
Editor's note— Ord. No. C-08-37, § 1, adopted luly 15, 2008 repealed Ch. 17, in its entirety, which pertained to noise control. Section 2 of said
ordinance enacted provisions designated as a new Ch. 17 to read as herein set out. See a/so the Code Comparative Table.
Cross reference— Permit to operate /oudspeaking device on aircraft, § 7-9; noise abatement for aircraft, § 7-160; sounding of railroad whist/es and
horns, § 16-17; sound devices on vehicles and aircraft, § 16-78; nuisances, Ch. 18.
State Law reference— Municipal Home Rule Powers Act, F.S. ch. 166; motor vehicle noise, F.S. §316.293.
Sec. 17-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
A -weighted sound /eve/ means the sound level as measured with the A -weighting network on a sound
level meter meeting the standards set forth in the American National Standards Institute (ANSI) S1.4-1983
or its successors. The unit of reporting is dBA. Sounds measured with the "A" weighting network
approximate the response of human hearing when measuring sounds of low to moderate intensity without
an amplified low frequency component.
Ambient sound level means that measured value which represents the summation of the sound from
all of the discrete sources affecting a given site at a given time, exclusive of extraneous sounds and those
from the source under investigation. Ambient sound level is synonymous with background sound level.
Ambient sounds are differentiated from extraneous sounds by the fact that the former are of a more steady
state, although they may not be continuous.
Amplified sound means the reproduction of sound from any radio, stereo, CD player, DVD player,
microphone, drum, turn table, audio or visual equipment, musical instrument, sound equipment, sound
amplification device, television set, exterior loudspeakers, bullhorn or any similar device.
Backup a/arm means an audible safety device designed to alert people that a vehicle is operating in
reverse, meeting Occupational Safety and Health Administration (OSHA) rules at 29 CFR Part 1926.601(b)(4)
and 29 CFR Part 1026.602(a)(9), which require, in part, that: the vehicle has a reverse signal alarm audible
above the surrounding noise level.
C-weighted sound level is the sound level as measured using the "C" weighting network with a sound
level meter meeting the standards as set forth in ANSI S1.4-1983 or its successors. The unit of reporting is
dBC. The "C" weighting network is more sensitive to low frequencies than the "A" weighting network.
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Continuous sound means any sound with a duration of more than one (1) second, as measured with a
sound level meter set to the "slow" meter response.
Decibel means a logarithmic (dimensionless) unit of measure often used in describing the amplitude of
sound. Decibel is denoted as dB.
Emergency energy release device means a device used specifically to release excess energy on a non-
scheduled basis as necessary for purposes of safety.
Extraneous sound means a sound of high intensity and relatively short duration which is neither part of
the ambient sound, nor comes from the sound source under investigation.
Impulsive sound means a sound that has a duration of less than one (1) second and comes from the
sound source under investigation.
LMAXmeans the maximum sound level measured during the sound measurement period.
Mechanical device means any device that transmits or modifies energy.
Moped means any vehicle with pedals to permit propulsion by human power, having a seat or saddle
for the use of the rider and designed to travel on not more than three (3) wheels; with a motor rated not in
excess of two (2) brake horsepower and not capable of propelling the vehicle at a speed greater than thirty
(30) miles per hour on level ground; as defined in F.S. § 316.03, as may be amended from time to time.
Motor vehicle means any self-propelled vehicle not operated upon rails or guideway, but not including
any bicycle, motorized scooter, electric personal assistive mobility device, or moped; as defined in F.S. §
316.03, as may be amended from time to time.
Motorboat means any vessel equipped with machinery for propulsion, irrespective of whether the
propulsion machinery is on actual operation; as defined in F.S. § 327.02, as may be amended from time to
time.
Motorcycle means any motor vehicle having a seat or saddle for the use of the rider and designed to
travel on not more than three (3) wheels in contact with the ground, but excluding a tractor or moped; as
defined in F.S. § 316.03, as may be amended from time to time.
Motorized scooter means any vehicle not having a seat or saddle for the use of the rider, designed to
travel on not more than three (3) wheels, and not capable of propelling the vehicle at a speed greater than
thirty (30) miles per hour on level ground; as defined in F.S. § 316.03, as may be amended from time to time.
Mixed -use property means more than one (1) type of use in a building or set of buildings; some
combination of residential and non-residential use.
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7/11/2017 Fort Lauderdale, FL Code of Ordinances
Multifamily dwelling means any building occupied or intended to be occupied by more than two (2)
families, living separately and with separate kitchens or facilities for cooking on the premises. This includes
apartments, condominiums and coach homes, but does not include hotels, motels, bed and breakfast,
townhouse, or cluster dwellings.
Noise means, for the purposes of this chapter, any sound that is in violation of any provision of this
chapter.
Noise control officer means environmental inspectors, building and zoning inspectors, code
enforcement officers and police enforcement personnel authorized to enforce provisions of this code.
Noise disturbance means any sound which is unreasonably loud, raucous, or jarring to reasonable
persons of ordinary sensibilities, or any sound which affects the health, safety, or welfare of other persons,
or exceeds the noise levels as defined in section 17-6.
Plainly audible means any sound that can be detected by a person using his or her unaided hearing
faculties.
Public right-of-way and public space means land conveyed or dedicated by plat, deed, easement or
other conveyance which is devoted to, required for or intended for the use by the public as a means of
public traverse and other public purposes.
Rea/ property line means either (a) the boundary line of a parcel; (b) the vertical and horizontal
boundaries of a dwelling unit that is part of a multifamily dwelling; or (c) on a mixed -use property, the
interface between the two (2) portions of the property on which different categories of activity are being
performed.
Single-family dwelling is a dwelling unit designed for or occupied by one (1) family and includes
standard, detached, and attached dwellings.
Single-family dwe/ling (attached) is a one -family dwelling attached to another one -family dwelling by a
common vertical wall and where each unit is located on a separate plot. Single-family dwellings that are
attached include duplex, cluster, and townhouse dwellings.
Sound means oscillations in pressure in a medium with elasticity and viscosity, such as air, that evoke
auditory sensation in the human ear.
Sound level meter means an instrument that measures sound and conforms to ANSI S1.4-1983 or its
successor publications.
Total sound level means that measured level which represents the summation of the sounds from the
sound source under investigation and the ambient sounds which affect a given place at a given time,
exclusive of extraneous sound sources.
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Vessel means every watercraft, barge, and airboat, used or capable of being used as a means of
transportation on water, as defined in F.S. § 327.02, as may be amended from time to time.
( Ord. No. C-08-37, § 2, 7-15-08 )
Sec. 17-2. - Penalties.
Any person who violates any provision of this chapter and who shall be found violating or found in
violation of any provision of this chapter shall be subject to the penalties as prescribed in section 1-6 and/or
Chapter 11 of this Code.
( Ord. No. C-08-37, § 2, 7-15-08 )
Sec. 17-3. - Noise control officers.
(a) The noise control program established by this chapter shall be administered and enforced by noise
control officers.
(b) The noise control officers shall have the power to investigate and pursue possible violations of this
ordinance and initiate enforcement under this chapter.
( Ord. No. C-08-37, § 2, 7-15-08 )
Sec. 17-4. - Sound level measurement.
Sound level measurement shall be made with a sound level meter using the "A" weighting scale or "C"
weighting scale, as specified in this chapter for the specific sound source being investigated.
( Ord. No. C-08-37, § 2, 7-15-08 )
Sec. 17-5. - General prohibitions.
It shall be unlawful for any person to make or continue or cause to be made or continued any noise
disturbance within the limits of the city.
( Ord. No. C-08-37, § 2, 7-15-08 )
Sec. 17-6. - Maximum permissible dBA sound levels.
Notwithstanding any other provision in this chapter, it shall be unlawful, except as expressly permitted
herein, to cause, allow, or permit the making of any sound which exceeds the limits set forth in this section.
TABLE I
MAXIMUM PERMISSIBLE SOUND LEVEL LIMITS dBA
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USE
TIMES OUTDOOR INDOOR
7:00 a.m. to 10:00 60 dBA* 45 dBA
Residential
Commercial
Industrial
P.m.
10:00 p.m. to 7:00
a.m.
24 hours
24 hours
50 dBA 35 dBA
65 dBA
75 dBA
55 dBA
65 dBA
* If the residential use is within a commercial, industrial, or mixed use, or within two hundred (200)
feet of such use, the outdoor sound level limit is sixty-five (65) dBA between 7:00 a.m. to 10:00 p.m.
Sound level measurements shall be taken as follows:
a. The sound level limit for the complainant's use shall apply.
b. Outdoor sound level measurements shall be taken on or within the real property line of the
complainant.
c. Indoor sound level measurements shall apply when the sound source is on or within the same
parcel of land as the complainant or when the real property line between the sound source
and the complainant is a common wall, floor, or ceiling. Indoor sound level measurements shall
be taken within the premises of the complainant.
d. Three (3) measurements of the normal, usual operation of the sound source under
investigation shall be taken. The metric that shall be applied is LMAX. Each of the three (3)
measurements shall be no less than thirty (30) seconds in duration, and all three (3)
measurements shall be taken within any one -hour period. If the sound source under
investigation is of a total duration of less than ninety (90) seconds, one thirty-second
measurement shall be sufficient.
1. Impulsive sound:
a. Between the hours of 7:00 a.m. and 10:00 p.m. daily, impulsive sounds which occur ten (10) or
more times in any one (1) hour shall not exceed the permissible sound level limits as set forth
in Table I, and impulsive sounds which occur less than four (4) times in any one -hour period
shall not equal or exceed twenty (20) decibels above the permissible sound level limits as set
forth in Table I.
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b. Between the hours of 10:00 p.m. and 7:00 a.m. daily, impulsive sounds which occur four (4) or
more times in any one (1) hour shall not exceed the permissible sound level limits as set forth
in Table I, and impulsive sounds which occur less than four (4) times in any one -hour period
shall not equal or exceed twenty (20) decibels above the permissible sound level limits as set
forth in Table I.
2. Steady pure tones: If the sound source under investigation is a mechanical device, excluding HVAC
equipment on residential property, and is emitting a sound with a steady tonal quality which does
not fluctuate more than plus or minus three (3) dBA, the permissible sound level limits in Table I
shall be reduced by five (5) dBA.
( Ord. No. C-08-37, § 2, 7-15-08 )
Sec. 17-7. - Specific restrictions.
1. Amplified sound. No person shall cause, allow, or permit the operation of any amplified sound device
from the following use districts or locations in the following manner:
a. Residential use:
i. Sound shall not be plainly audible for a period of one (1) minute or longer at a distance of
twenty-five (25) feet or more when measured from the source property line between the hours
of 10:00 p.m. and 7:00 a.m. daily.
ii. Sound shall not be plainly audible for a period of one (1) minute or longer at a distance of fifty
(50) feet or more when measured from the source property line between the hours of 7:00
a.m. and 10:00 p.m. daily.
b. Rights -of -way. Sound shall not be plainly audible at a distance of twenty-five (25) feet or more from
a motor vehicle or any other sound source.
c. Special entertainment overlay district. When measured at a distance of five (5) feet from the
building, structure or establishment from which the sound is emanating:
i. Sound shall not exceed:
1. Eighty-five (85) dBA or ninety-five (95) dBC Monday through Thursday from 12:00 p.m. to
12:00 a.m. the following day:
2. Seventy (70) dBA or eighty (80) dBC Monday through Thursday from 12:00 a.m. to 2:00 a.m.
3. Sixty-five (65) dBA or seventy-five (75) dBC Monday through Thursday from 2:00 a.m. to
12:00 p.m.
ii. Sound shall not exceed:
1. Eighty-five (85) dBA or ninety-five (95) dBC Friday through Sunday and legal holidays (as
provided by state law), from 12:00 p.m. to 1:00 a.m. the following day:
2. Seventy (70) dBA or eighty (80) dBC Friday through Sunday and legal holidays (as defined
by state law), from 1:00 a.m. to 3:00 a.m.
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3. Sixty-five (65) dBA or seventy-five (75) dBC Friday through Sunday and legal holidays (as
defined by State law), from 3:00 a.m. to 12:00 p.m.
d. Commercia/, mixed -use, or industrial uses. No person shall cause, allow, or permit the operation of
any amplified sound device in such a manner that it exceeds the following sound level limits:
i. From 12:00 p.m. to 10:00 p.m. daily: sound levels shall not exceed sixty (60) dBC when
measured within the premises of a complainant.
ii. From 10:00 p.m. daily to 12:00 p.m. the following day: sound levels shall not exceed fifty-five
(55) dBC when measured within the premises of a complainant.
iii. Sound level limits in Table 1 shall apply when sound level measurements are taken outdoors at
or within the property line of the complainant.
2. Animals. Unless unreasonably provoked, it shall be unlawful for any person to own, keep, possess or
maintain any domesticated animal which vocalizes (howls, yelps, barks, squawks, or other noise) and
the vocalizing is plainly audible at or within the property line of the complainant; and:
a. The vocalizing is for more than five (5) minutes without interruptions, defined as an average of four
(4) vocalizations per minute; or
b. The vocalizing is two (2) times or more per minute for twenty (20) consecutive minutes.
3. Commercial sanitation operations. No person shall cause, allow, or permit the loading, unloading,
opening or otherwise handling boxes, crates, containers, garbage cans, or recyclable containers,
between the hours of 10:00 p.m. and 7:00 a.m. daily when such operations are conducted on a property
located within two hundred fifty (250) feet of a residential use.
4. Construction:
a. No person shall operate or cause to be operated any equipment used in construction, repair,
alteration or demolition work on buildings, structures, streets, alleys, or appurtenances thereto
with sound -control devices less effective than those provided on the original equipment.
b. It shall be unlawful for any person to operate or cause to be operated equipment for the
aforementioned uses Monday through Saturday before 8:00 a.m. or after 7:00 p.m. and Sunday
before 10:00 a.m. or after 7:00 p.m., except for public works transportation projects that are
approved pursuant to section 17-9.
5. Emergency generators:
a. Testing of generators shall be conducted for the minimum duration and at the minimum frequency
recommended by the manufacturer, but in no case shall said testing exceed one (1) hour in any one
(1) day.
b. Testing shall only be conducted between the hours of 10:00 a.m. and 7:00 p.m. daily.
c. The sound emissions from generators shall not exceed sixty-eight (68) dBA when measured at a
distance of twenty-three (23) feet from the generator.
d. When the generator is located on the same parcel as the complainant, the indoor sound level limits
in Table 1 shall apply.
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6. Heating, ventilation, and air conditioning (HVAC) equipment on residential property. No person shall
operate or cause to be operated any HVAC equipment on residential property which exceeds forty (40)
dBA between the hours of 10:00 p.m. and 7:00 a.m. daily when measured within the premises of a
complainant.
7. Landscaping and yard maintenance power tools or motorized equipment. No person shall operate or
cause to be operated any landscaping or yard maintenance power tools or motorized equipment
Monday through Friday before 7:00 a.m. or after 7:00 p.m. and Saturday and Sunday before 8:00 a.m.
or after 6:00 p.m. No person shall operate or cause to be operated any landscaping or yard
maintenance power tools or motorized equipment or appurtenances thereto with sound -control
devices less effective than those provided on the original equipment.
8. Motorboat. No person shall operate or cause to be operated any motorboat in any lake, river, stream,
or other waterway which is not muffled pursuant to F.S. § 327.65.
9. Motor vehicles, motorcycles, mopeds and motorized scooters. No person shall cause a rapid throttle
advance (rewing) of an internal combustion engine resulting in a noise disturbance.
( Ord. No. C-08-37, § 2, 7-15-08 )
Sec. 17-8. - Exemptions.
1. Construction operations between 8:00 a.m. and 7:00 p.m., Monday through Saturday and between
10:00 a.m. and 7:00 p.m. on Sunday for which building permits have been issued, or construction
operations not requiring permits due to the scope of work or ownership of the project by an agency of
government; providing all equipment is operated in accordance with its manufacturers' specifications,
uses as standard equipment its manufacturers' mufflers and noise -reducing equipment, and is in
proper operating condition.
2. Emergency energy release devices.
3. Facility -wide warning devices.
4. Back-up alarms so long as they are self-adjusting to ambient sound levels and meet the requirements
of OSHA standards.
5. Noises arising from any authorized emergency vehicle when responding to an emergency call or acting
in time of emergency.
6. Noise caused in the performance of emergency work, at the site of the emergency, for the immediate
safety, health or welfare of the community or individuals of the community or to restore property to a
safe condition.
7. All noises coming from the normal operations of an aircraft.
8. Motor vehicles, mopeds, or motorized scooters as defined herein and muffled in accordance with state
law.
9. Vessels operated on the waterways within the city limits which are muffled pursuant to F.S. § 327.65, as
may be amended from time to time.
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10. Impulsive sound resulting from the controlled detonation of explosives at quarries and construction
sites.
11. Sanitation operations which include the unloading, emptying or collection of any waste or recyclable
container between the hours of 7:00 a.m. and 10:00 p.m. daily.
12. The sound emissions of emergency generators shall be exempt when there is loss of power for any
cause other than non-payment of utility services. The testing of emergency generators shall be
conducted pursuant to section 17-7(e).
13. Landscaping and yard maintenance power tools or motorized equipment between 7:00 a.m. and 7:00
p.m. Monday through Friday and between 8:00 a.m. and 6:00 p.m. Saturday and Sunday. No person
shall operate or cause to be operated any landscaping or yard maintenance power tools or motorized
equipment or appurtenances thereto with sound -control devices less effective than those provided on
the original equipment.
( Ord. No. C-08-37, § 2, 7-15-08 )
Sec. 17-9. - Construction of large public works transportation projects.
(a) When a public transportation project that cannot reasonably be constructed within the noise
limitations set forth in Chapter 17, is to be constructed and the project is one that substantially impacts
vehicular or vessel traffic for a period of time that exceeds one hundred eighty (180) days, the city
commission may determine that special circumstances exist and approve a noise management plan
that establishes project -specific noise regulations, which will apply instead of the other regulations
contained herein.
(b) Consideration of an application for relief from the requirements of Chapter 17 of the Code of
Ordinances of the City of Fort Lauderdale shall be initiated by filing an application for approval by the
public entity wishing to construct the transportation improvement, with the city engineering division. An
application shall include a noise management plan that shall include the following elements:
(1) A conceptual site plan showing the size and location of all structures and infrastructure
improvements to be constructed under the proposed project;
(2) A legal description of the property where the project is occurring;
(3) A description of the need for the public improvement;
(4) A description of the economic and environmental impact on the area as a result of improvement;
(5) A description of the noise regulation(s) from which relief is necessary in order to construct the
improvement and a description of the proposed regulations that the project shall meet during
construction;
(6) A description of the anticipated noise impact of the construction on adjacent properties;
(7) A description of how the noise management plan mitigates negative impacts that might occur;
(8) A description of the continuous noise -monitoring program proposed for the construction period,
which measure noise levels as well as makes an audio recording of the noise;
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(9) The results of a baseline ambient, A -weighted sound levels noise study, in the project area of
continuous duration, at monitoring sites, said study to be previously approved by the city engineer;
(10) A description outlining the resources of the applicant to monitor noise and implement the noise
management plan, which shall include the identification of noise control officers; and
(11) An estimate of the cost and time savings that will result from the adoption of the noise
management plan.
(c) The application shall be reviewed by the city department responsible for review of development
permits for a determination that the application is complete and then forwarded when complete to the
development review committee (DRC). After review and comments by the DRC, the application shall be
forwarded to the city commission.
(d) The city commission shall hold one (1) public hearing to consider a resolution approving the noise
management plan and shall provide notice of hearing to owners of property within three hundred (300)
feet of the boundaries of the public works transportation project. For purposes of notification, the
owners shall be considered to be the names shown on the property appraiser's tax rolls as such are
known by the city. Except as otherwise required by law, condominium, cooperative and time-share
associations shall be notified as one entity and that entity shall be responsible for notifying individual
owners or members of their association. The notice shall be mailed to the address shown at least ten
(10) days before the date of the hearing.
(e) The city commission may approve, or approve with conditions, the noise management plan based on
the following findings:
(1) There is a need for the public works transportation project and the project is of such large size and
that its duration is for more than one hundred eighty (180) days such that special circumstances
exist.
(2) On -site improvements have been incorporated into the noise management plan that minimize the
impact of construction noise.
(3) The noise management plan represents a viable and cost-effective plan that balances the need for
the public improvement to be constructed in a reasonable period of time versus the noise to be
produced and hours of construction, which impact adjacent properties.
(4) Off -site or on -site conditions exist that reduce the noise impact if any, and to the extent possible,
the noise management plan utilizes those conditions.
(5) That the noise management plan provides for the continuous monitoring of noise during the
project construction period, the data from which shall be provided to the city by a direct, real-time,
hook-up between city and applicant's computer system in a computer readable format, compatible
with the city's noise monitoring system.
(f) Any person involved with a public entity transportation construction project who has been convicted of
violating any of the terms or conditions of an approved noise management plan, by a court of
competent jurisdiction, may be cause for the city commission to revoke such public entity's noise
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management plan. Upon such a conviction, the city manager may place on the city commission agenda
the matter of revoking the plan. After consideration of the matter and allowing representatives of the
public entity to be heard, the city commission by resolution may revoke or place conditions upon the
noise management plan. The factors to be considered by the city manager and the city commission
shall include the number and seriousness of the specific noise management plan violations of which a
person involved with the public entity's project has been convicted of violating, whether the penalty
imposed pursuant to the conviction has been satisfied, whether the public entity has made modification
to its operations to conform to the requirements of the noise management plan and based on the
foregoing criteria, the danger to the health, safety, and welfare of the public due to continued operation
by the public entity pursuant to its noise management plan.
( Ord. No. C-08-37, § 2, 7-15-08 )
Sec. 17-10. - Construction of large projects; noise management plan; exemption for time to comply.
Upon good cause shown by the owner of any noise source when a noise management plan has been
approved by the city commission, the city manager shall have the power to grant a special permit, which
provides an exemption from the provisions of an approved noise management plan in order to allow
sufficient time for the installation of necessary equipment, facilities, or modifications to achieve compliance.
Provided however, the aforementioned special permit shall not be granted for a period of time to exceed
fifteen (15) days from the date said exemption is granted, but such exemption may be renewed for an
additional fifteen -day period of time if satisfactory progress towards compliance is shown. Approval of
special permit shall be based upon cases of necessity or in the interest of public health, safety and
convenience. In the issuance of such permit(s), the city manager shall weigh all facts and circumstances and
shall determine whether the reasons given for the necessity are valid and reasonable, whether the public
health, safety and convenience will be protected or better served by granting the permit requested, and
whether the manner and amount of loss or inconvenience to the party in interest imposes a significant
hardship upon such party.
( Ord. No. C-08-37, § 2, 7-15-08 )
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LOCAL LAWS
OF
THE CITY OF NEW YORK
FOR THE YEAR 2005
No. 113
Introduced by Council Members Gelman), Avella, Comrie, Fidler, Jackson, Provenzano,
Recchia, Weprin, Liu, Addabbo Jr. and The Public Advocate (Ms. Gotbaum) (by
request of the Mayor). Passed under a Mayor's Message of Necessity.
A LOCAL LAW
To amend the administrative code of the city of New York, in relation to the noise
control code and the repeal of subchapters 4, 5 and 6 of chapter 2 of title 24 of
such code.
Be it enacted by the Council as follows:
Section 1. Section 24-202 of the administrative code of the city of New York, as
amended by local law number 22 for the year 2002, is amended to read as follows:
§24-202 Declaration of policy. It is hereby declared to be the public policy of the
city to reduce the ambient [noise] sound level in the city, so as to preserve, protect and
promote the public health, safety and welfare, and the peace and quiet of the inhabitants
of the city, prevent injury to human, plant and animal life and property, foster the
convenience and comfort of its inhabitants, and facilitate the enjoyment of the natural
attractions of the city. It is the public policy of the city that every person is entitled to
ambient [noise] sound levels that are not detrimental to life, health and enjoyment of his
or her property. It is hereby declared that the making, creation or maintenance of
excessive and unreasonable noises within the city affects and is a menace to public
health, comfort, convenience, safety, welfare and the prosperity of the people of the city.
For the purpose of controlling and reducing such noises, it is hereby declared to be the
policy of the city to set the unreasonable and prohibited noise standards and decibel
levels contained herein and to consolidate certain of its noise control legislation into this
code. The necessity for legislation by enactment of the provisions of this chapter is
hereby declared as matter of legislative determination.
This code shall be liberally construed so as to effectuate the purposes described in
this section. Nothing herein shall be construed to abridge the emergency powers of the
board of health or the right of the department of health and mental hygiene to engage in
any of its necessary or proper activities. [Nothing herein shall abridge the powers and
responsibilities of the] It is the intent of the council that the police department [to] as well
as other agencies of the city designated by the commissioner of the department of
environmental protection shall have the authority to enforce the provisions of this code
and police officers and designated employees of the department of environmental
2
protection and of such other city agencies shall have the power to issue summonses,
appearance tickets and notices of violation for violations of this code.
§2. Section 24-203 of such code is amended to read as follows:
§24-203 General definitions. When used in the New York city noise control code
the following terms shall have the following meanings:
[(a)] (1) "A" level means the [total] sound level [of all noise] as measured with a
sound level meter using the "A" weighting network. The unit of measurement is the
[db(A)] dB(A). This frequency weighting network for the measurement of sound levels
shall comply with standards established by the American National Standards Institute
specifications for sound level meters S1.4-1971, as amended or S1.4-1983, as amended.
[(b)] (2) Activity means any act or combination of acts which actually results in the
production of sound.
[(c)] (3) Air compressor means a device which draws in air or gas, compresses it,
and delivers it at a higher pressure.
Rd) Aircraft means any device that is used or intended to be used for flight in the air
but does not include any such device used only in the service of a government or political
subdivision thereof unless such device is engaged in carrying persons or property for
commercial purposes. Aircraft includes but is not limited to:
1. subsonic transport aircraft;
2. subsonic turbojet -powered aircraft;
3. aircraft capable of flying at supersonic speeds;
4. rotocraft;
5. vertical take -off and landing aircraft (VTOL aircraft);
6. short take -off and landing aircraft (STOL aircraft); and
7. aircraft capable of landing or taking off on water.]
Re)] (4) Air horn means a device intended to produce a sound signal by means of
compressed air or gas or exhaust gas.
[(f)] (5) Airport means an area of land or water that is used or intended to be used for
the landing and take off of aircraft, and includes its buildings and facilities, if any.
[(g)] (6) Ambient [noise] sound means [the all -encompassing noise associated with a
given environment, being usually a composite of sounds from many sources near and far]
the sound level at a given location that exists as a result of the combined contribution in
that location of all sound sources, excluding the contribution of a source or sources
under investigation for violation of this code and excluding the contribution of
extraneous sound sources. For purposes of the enforcement of this code, the ambient
sound level of a given location may be determined based upon measurements taken at a
comparable site (which includes but is not limited to comparable physical locations and
time of day) in the nearby area.
[(h)] (7) Apparatus means any mechanism which prevents, controls, detects,
measures or records the production of sound.
(8) Audible status indicator means any sound reproduction device on a motor
vehicle that emits or causes to be emitted any continuous or near continuous sound
(exceeding 5 seconds if tonal in nature or any duration if verbal in nature) for the
purpose of warning that an audible burglar alarm has been installed on such motor
vehicle and is operational or for creating the appearance that such an alarm has been
installed on such motor vehicle and is operational.
[(i)] (9) Authorized emergency vehicle means [every ambulance and every vehicle
operated by a police department, fire department, fire patrol, chief or assistant chief of a
fire department, county or deputy county fire coordinator, county or assistant county fire
3
marshal, sheriff, or by a chief, assistant chief or deputy chief of a police department, a
regular paid deputy sheriff or a motor vehicle of the New York city housing authority
when engaged in the performance of duty as a peace officer, or by an authorized public
utility company when on emergency calls, every state-owned vehicle operated by a law
enforcement officer of the conservation department when engaged in performance of
duty in enforcement of the environmental conservation law, and every vehicle operated
by a bridge authority or bridge and tunnel authority when on emergency calls] an
authorized emergency vehicle as defined by section 101 of the vehicle and traffic law.
[(j)] (10) Board means the environmental control board of the city of New York.
[(k)] (11) Building means a building as defined in [article two of subchapter two of
chapter one of title twenty-seven of the code] section 27-232 of the administrative code.
[(1)] (12) Building aperture means any designed opening in a building to which a
person may reasonably have access including but not limited to any door, gate, window,
skylight or hatch.
[(m)] (13) Burglar alarm means any sound signal device designed and intended to
produce a sound signal upon unauthorized entrance by a person into a building or motor
vehicle.
[(n)] (14) "C" level means the [total] sound level [of all noise] as measured with a
sound level meter using the "C" weighting network. The unit of measurement is the
[db(C)]dB(C). This frequency weighting network for the measurement of sound levels
shall comply with standards established by the American National Standards Institute
specifications for sound level meters S1.4-1971, as amended or S1.4-1983, as amended.
[(o)] (15) Certificate means an operating or temporary operating certificate.
[(p)] (16) Charter means the New York city charter including all of its amendments.
[(q)] (17) Circulation device means any device which circulates a gas or fluid,
including but not limited to any air conditioner, pump, cooling tower, fan or blower.
[(r)] (18) Claxon means any manually, mechanically, or electrically powered device,
other than an emergency signal device, including but not limited to a motor vehicle horn,
which is intended to, and when operated actually does, emit a sound signal.
[(s)] (19) This code means the New York city noise control code.
[(t)] (20) Commissioner means commissioner of environmental protection or his or
her authorized representative.
[(u)] (21) Construction or construction work means any or all activity[, except
tunneling,] necessary or incidental to the erection, demolition, assembling, altering,
installing or equipping of buildings, public or private highways, roads, premises, parks,
utility lines including such lines in already -constructed tunnels, or other property,
including land clearing, grading, excavating and filling.
[(v)] (22) Construction device means any device designed and intended for use in
construction including, but not limited to any air compressor, pile driver, [manual tool]
sledgehammer, bulldozer, pneumatic hammer, steam shovel, derrick, crane, steam or
electric hoist, construction vehicle or pneumatic or electric tool.
[(w)] (23) Construction material means any material, regardless of composition,
designed and customarily used in construction including but not limited to any rails,
pillars, columns, beams, bricks, flooring, wall, ceiling or roofing material, gravel, sand,
cement or asphalt.
[(x)] (24) Container means any receptacle, regardless of contents, manufactured
from wood, metal, plastic, paper or any other material including but not limited to any
barrel, basket, box, crate, tub, bottle, can or refuse container.
4
[(y)] (25) Decibel[. The decibel is one -tenth of a bel. Thus, the decibel is a unit of
level when the base of the logarithm is the tenth root of ten, and the quantities concerned
are proportional to power.] means the practical unit of measurement for sound pressure
level; the number of decibels of a measured sound is equal to 20 times the logarithm to
the base 10 of the ratio of the sound pressure to the pressure of a reference sound (20
micropascals); abbreviated "dB ".
[(z)] (26) Device means any mechanism which is intended to or which actually
produces sound when operated or handled.
[(aa)] (27) Department means the department of environmental protection.
[(bb)] (28) Dwelling means any building lawfully occupied in whole or in part as the
temporary or permanent residence of one or more natural persons.
[(cc)] (29) Dynamic insertion loss means the difference between two sound pressure
levels which are measured at the same point in space before and after a muffler is
inserted between the measurement point and the sound source under operating
conditions.
[(dd)] (30) Emergency means a public calamity or an exposure of any person or
property to imminent danger.
[(ee)] (31) Emergency signal device means any gong, siren whistle, or siren or any
air horn or any similar device the use of which on authorized emergency vehicles is
permitted by subdivision twenty-six of section three hundred seventy-five of the vehicle
and traffic law.
[(ff)] (32) Exhaust source means a system which removes and transports air or gas
from a device.
(33) Extraneous sound is sound that is intense, intermittent, not representative of the
relatively steady sound levels at a given location and not attributable to a source or
sources under investigation for violation of this code. Such sound includes but is not
limited to sirens of passing emergency vehicles, unusually loud motor vehicle braking
(screeching) or exhaust noise, people shouting, animal vocalization, passing aircraft,
horn honking, car door slamming and passing trains. Notwithstanding the foregoing
provision, sounds that are individually persistent or controlling of the sound level at a
given location shall not be considered to be extraneous sounds if they constitute more
than 50 percent of the duration of an ambient or total sound level measurement such as
for example the sound of a passing aircraft at a specific location if airplanes regularly
pass over such location and the proximity of such passing aircraft to the location, its
sound level, and the duration of such sound level, control the sound level at the given
location at the time the sound source under investigation is being measured. For the
purposes of the enforcement of this code, extraneous sounds are excluded when
measuring the ambient sound level at a given location and when measuring the sound
level of a source or sources under investigation for violation of this code except where
such sounds are themselves under investigation for violation of this code.
(34) Impulsive sound is sound that is of short duration, where each peak of sound
lasts 2 seconds or less. The sound is characterized by abrupt onset and rapid decay. As
used in this code, the term impulsive sound shall not include music.
[(gg)] (35) Internal combustion engine means a device for the production of energy
by means of the combustion under pressure of fossil fuel.
[(hh)] (36) Lawn care device means any device powered mechanically, by
electricity, by gasoline, by diesel fuel or by any other fuel, which is intended to be used
or is actually used for the mowing of grass, the cutting or chipping of trees, tree roots or
tree branches, or the clearing of leaves or other vegetation from lawns, sidewalks, public
5
streets or public highways and shall include, but not be limited to, such devices as lawn
mowers and lawn mower attachments, lawn edgers, leaf blowers, leaf vacuums, mulchers
and chippers.
(37) Lmax means the maximum measured sound level at any instant in time.
[(ii)] (38) Motor vehicle means any device which is propelled by an engine in or
upon which a person or material may be transported on the ground and which is intended
to be operated upon a public highway.
[(jj)] (39) Muffler means an apparatus generally consisting of but not limited to a
series of chambers or baffles for the purpose of transmitting gases while reducing sound
levels.
[(kk) Noise means an erratic, intermittent, or statistically random oscillation.]
[(ll)] (40) Owner means and includes the owner of the freehold of the premises or
lesser estate therein, or mortgagee thereof, a lessee or agent of any of the above persons,
a lessee of a device or his or her agent, a tenant, operator, or any other person who has
regular control of a device or an apparatus.
[(mm)] (41) Paving breaker means any powered construction device intended to cut
or trench pavement, subbase macadam, gravel, concrete or hard ground.
[(nn)] (42) Person means any individual, partnership, company, corporation,
association, firm, organization, governmental agency, administration or department, or
any other group of individuals, or any officer or employee thereof.
(43) Personal audio device means a portable sound reproduction device as normally
and customarily used for personal purposes including but not limited to a personal
radio, phonograph, television receiver, tape recorder or compact disc player. For the
purposes of this definition such term shall include a sound reproduction device installed
in or operated from a motor vehicle whether or not portable.
(44) Plainly audible sound means any sound for which any of the content of that
sound, such as, but not limited to comprehensible musical rhythms, is communicated to a
person using his or her unaided hearing faculties. For the purposes of the enforcement
of this code, the detection of any component of music, including but not limited to the
rhythmic bass by a person using his or her unaided hearing faculties is sufficient to
verb plainly audible sound. It is not necessary for such person to determine the title,
specific words or artist of such music. In the case of motor vehicles the detection of the
sound of a muffler or of an exhaust by a person using his or her unaided hearing
faculties is sufficient to verb plainly audible sound. Plainly audible sound does not
require measurement with a sound level meter.
[(oo)] (45) Power tool means any device powered mechanically, by electricity, by
gasoline, by diesel fuel or by any other fuel, which is intended to be used or is actually
used for, but shall not be limited to, the performance of such functions as cutting, nailing,
stapling, sawing, vacuuming or drilling.
(46) Public right-of-way means a public highway, road, street, avenue, alley,
driveway, path, sidewalk, roadway or any other public place or public way.
[(pp)] (47) Railroad means a railroad, other than a rapid transit railroad or street
railroad, operated for public use in the conveyance of persons or property for
compensation, with all bridges, ferries, tunnels, equipment, switches, spurs, tracks,
stations and terminal facilities used, operated or owned by or in connection therewith.
[(qq)] (48) Rapid transit railroad means a rapid transit railroad used for local service
in the transportation of passengers as a common carrier for hire together with the
appurtenances, facilities and equipment thereof.
6
(49) Receiving property means real property, including but not limited to buildings,
grounds, offices and dwelling units, from which sound levels from sound sources outside
such property may be measured. For the purposes of this definition, individual offices or
dwelling units within a building may constitute a receiving property.
[(rr)] (50) Refuse [compacting] collection vehicle means a motor vehicle designed or
used to [compact and] remove, collect, or transport refuse, solid waste or recyclables.
[Os)] (51) Sound means an oscillation in pressure, stress, particle displacement,
particle velocity, etc., in a medium with internal forces (e.g., elastic, viscous), or the
superposition of such propagated oscillation which evokes an auditory sensation.
[(tt)] (52) Sound level meter means any instrument including a microphone, an
amplifier, an output meter, and frequency weighting networks for the measurement of
noise and sound levels in a specified manner and which complies with standards
established by the Amercian National Standards Institute specifications for sound level
meters S1.4-1971, as amended or S1.4-1983, as amended.
[(uu)] (53) Sound pressure level (decibels) means [a sound that is]an expression of
the acoustic pressure calculated as twenty times the logarithm to the base ten of the ratio
of the root mean square of the pressure of the sound to the reference pressure, [2 x 10-4
microbars] 20 micropascals.
[(vv)] (54) Sound reproduction device means a device intended primarily for the
production or reproduction of sound, including but not limited to any musical instrument,
radio receiver, television receiver, tape recorder, phonograph or electronic sound
amplifying system.
[(ww)] (55) Sound signal means any sound produced by a sound signal device
designed to transmit information.
[(xx)] (56) Sound signal device means a device designed to produce a sound signal
when operated, including but not limited to any claxon, air horn, whistle, bell, gong,
siren, but not an emergency signal device.
[(yy)] (57) Sound source means any activity or device [as herein defined] that emits
sound.
[(zz)] (58) This code means the New York city noise control code.
(59) Total sound level means that measured sound level that represents the
combined sound level of the source or sources under investigation and the ambient
sound level. Total sound level measurements shall exclude extraneous sound sources.
[(aaa)] (60) Tunnel means an underground passage which is intended for use as a
railway, aqueduct, road, sewer or major utility artery.
[(bbb)] (61) Tunneling means any activity necessary or incidental to the construction
of any tunnel, including the sinking of shafts to tunnel or to an intermediate level and the
surface activities required to sink the shafts and construct the tunnel.
[(ccc)]) (62) Unreasonable noise means any excessive or unusually loud sound that
disturbs the peace, comfort or repose of a reasonable person of normal sensitivities,
injures or endangers the health or safety of a reasonable person of normal sensitivities or
which causes injury to plant or animal life, or damage to property or business.
(63) Refuse collection facility means any structure, building or other premises at
which solid waste is received for the purpose of subsequent transfer to another location
regardless of whether such solid waste is subject to any processing or reduction in
volume at such structure, building or premises.
[(ddd) Zone means any zone as defined in the zoning resolution of the city of New
York, except that zone shall not mean any ambient noise quality zone under subchapter
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five or subchapter six of this chapter of this code or any noise sensitive zone under
subchapter four of this chapter of this code
(ddd) Nursing home means a facility providing therein nursing care to sick, invalid,
infirm, disabled, or convalescent persons in addition to lodging and board or health -
related service, or any combination of the foregoing, and in addition thereto, providing
nursing care and health -related service, or either of them, to persons who are not
occupants of the facility.
(eee) Audible status indicator means any sound reproduction device on a motor
vehicle that emits or causes to be emitted any continuous or near continuous sound for
the purpose of warning that an audible burglar alarm has been installed on such motor
vehicle and is operational or for creating the appearance that such an alarm has been
installed on such motor vehicle and is operational.]
§3 Sections 24-204, 24-205, 24-206 and 24-207 of the administrative code of the
city of New York, sections 24-204, 24-205 and 24-207 as amended by local law number
18 for the year 1993, are amended to read as follows:
§24-204 General powers of the commissioner. (a) Subject to the provisions of this
code, the commissioner may take such action as may be necessary to abate a sound
source which causes or may cause, by itself or in combination with any other sound
source or sources, an unreasonable or prohibited noise. The commissioner may exercise
or delegate any of the functions, powers and duties vested in him or her or in the
department by this code.
(b) The commissioner shall promulgate such rules as are necessary to effectuate the
purposes of this code, including, without limitation, rules setting forth specifications for
the operation, installation, best available technology, or manufacture of sound
generating equipment or devices, or sound mitigation equipment or devices.
(c) The commissioner shall promulgate such rules as are necessary with regard to
standards and procedures to be followed in the measurement of sound pressure levels
governed by the provisions of this code, provided that such standards and procedures
are substantially in compliance with any similar standards and procedures promulgated
by the American National Standards Institute, International Standards Organization,
Society of Automotive Engineers, Compressed Air and Gas Institute, American Society of
Heating, Refrigeration, and Air Conditioning Engineers, American Refrigeration
Institute or any generally recognized professional standard -setting organization.
(d) The police department, as well as other agencies of the city designated by the
commissioner, shall have the authority to enforce the provisions of this code and police
officers and designated employees of the department and of such other city agencies
shall have the power to issue summonses, appearance tickets and notices of violation for
violations of this code.
§24-205 Investigations and studies by the commissioner. (a) The commissioner may
make or cause to be made any investigation or study which in his or her opinion is
desirable for the purpose of enforcing this code or controlling or abating an unreasonable
or prohibited noise. For such purposes, the commissioner may make tests, conduct
hearings, compel the attendance of witnesses, and take their testimony under oath and
may compel the production of books, papers and other things reasonably necessary to the
matter under consideration.
(b) The commissioner shall study and propose strategies to control and/or reduce
sound levels associated with airports, rapid transit and railroad operations and within
twenty four months of the effective date of this section shall report to the mayor his or
8
her findings and recommendations, specifically identjing those recommendations that
may only be implemented through state or federal legislation or rules.
(c) The commissioner, in conjunction with the police department, shall study noise
abatement strategies for audible motor vehicle burglar alarms and within twenty four
months of the effective date of this section shall report to the mayor his or her findings
and recommendations.
(d) The commissioner, in conjunction with the police department, shall study on an
ongoing basis emerging technology in acoustical measurement and shall periodically
report to the mayor his or her findings and recommendations regarding the testing and
potential use of equipment for enforcement of this code. In conjunction with such study,
the commissioner may issue a request for expressions of interest to determine new and
emerging technological solutions for accurate and efficient measurement of sounds as
enumerated in this code.
(e) The commissioner shall study the impact of motor vehicle back-up warning
devices installed on motor vehicles on ambient sound levels and within twenty-four
months of the effective date of this section shall report to the mayor his or her findings
and recommendations, specifically identdying those recommendations that may only be
implemented through state or federal legislation.
§24-206 Testing by order of the commissioner. (a) If the commissioner has
reasonable cause to believe that any device is in violation of this code, the commissioner
may order the owner of the device to conduct such tests as are necessary in the opinion of
the commissioner to determine whether the device or its operation is in violation of this
code and to submit the test results to the commissioner within ten days after the tests are
completed.
(b) Such tests shall be conducted in a manner approved by the commissioner. If any
part of the test is conducted at a place other than the site where the device is located, that
part of the test shall be certified by a laboratory acceptable to the commissioner. The
commissioner may require that the entire test results shall be reviewed and certified by (i)
a professional engineer with acoustical experience as specified in the rules of the
department or (ii) a noise consultant with qualifications of education and/or acoustical
experience as set forth in the rules of the department.
(c) [The owner shall notify the commissioner of the time and place of a test at least
seven days before the commencement of such test. Reasonable facilities shall be made
available for the commissioner to witness the test.
(d)] If in the opinion of the commissioner, tests by the department are necessary, the
commissioner may order the owner to provide such access to the device as the
commissioner may reasonably request, to provide a power source suitable to the points of
testing, and to provide allied facilities, exclusive of sound level meter. These provisions
shall be made at the expense of the owner of the device. The owner shall be furnished
with copies of the analytical results of the data collected.
(d) If after the analysis of such testing, it is determined by the commissioner that
such device or devices generate sound levels that exceed the limits of this code, the
commissioner may make recommendations for modifications and/or mitigation measures
to bring such device or devices into compliance.
(e) The commissioner may issue a separate notice of violation for every 24-hour
period of noncompliance with the orders of the commissioner issued pursuant to this
section.
9
§24-207 Inspection. (a) The department may inspect at any reasonable time and in a
reasonable manner any device which creates or may create unreasonable or prohibited
noise including but not limited to the premises where the device is used.
(b) The department may inspect at any reasonable time and in a reasonable manner
any record relating to a use of a device which creates or may create unreasonable or
prohibited noise.
(c) No person shall refuse entry or access into the public areas of a multiple dwelling
or a place of business to an authorized employee of the department or other authorized
city employee who presents appropriate credentials, nor shall any person refuse entry or
access into any other portion of a [premise]premises to an authorized employee of the
department or other authorized city employee who presents appropriate credentials and a
[search] warrant for such inspection.
(d) No person shall refuse to allow an authorized employee of the department or
other authorized city employee who presents appropriate credentials to perform
reasonable sound testing on any device or devices, including but not limited to requiring
the temporary shutting down of said device or devices for the purposes of such testing
except that upon a showing that the inspection would produce a noticeable interruption
of services that would cause discomfort to employees or customers or require a building
engineer or other professional to work with the equipment, such authorized employee
shall reschedule the inspection for a more convenient time.
§4. Subdivision (a) of section 24-208 of such code is amended to read as follows:
(a) The commissioner may require the written registration of air compressors,
paving breakers, refuse compacting vehicles and rapid transit railroads, including but not
limited to its rolling stock, track and trackbeds, passenger stations, circulation devices
rated 300,000 BTUs or higher, tunnels, elevated structures, yards, depots and garages. A
period of sixty days shall be allowed for the filing of such registration measured from the
date such registration is required by the commissioner or with respect to devices
installed after such requirement is instituted measured from the date of installation.
However, in cases of emergency, the commissioner may designate a shorter period of
time.
§5. Section 24-211 of such code is amended to read as follows:
§24-211 Display of permits[,] and certificates [and other notices; removal or
mutilation prohibited]. Any tunneling permit or certificate required by this code shall be
displayed in the vicinity of the device on the premises designated on the tunneling permit
or certificate or in the vicinity of the place where the device will be operated or
supervised.
§6. Paragraph (1) of subdivision (b) of section 24-213 of such code is amended to
read as follows:
(1) Either by mailing the notice, order or decision directed to the person at his or her
principal place of business or home address; or
§7. Section 24-217 of such code is amended to read as follows:
§24-217 Exemptions. The provisions of this code shall not apply to the operation or
use of any organ, bell, chimes or other similar instrument [by] from on or within any
church, synagogue, mosque or [school] other house of worship.
§8. Such code is amended by adding a new section 24-217.1 to read as follows:
§24-217.1 Measurements. Unless otherwise specifically provided, all sound level
measurements under this code shall be taken in Lmax with the sound level meter set to
slow response.
10
§9. Section 24-218 of such code, as amended by local law number 18 for the year
1993, is amended to read as follows:
§24-218 General prohibitions. (a) No person shall make, continue or cause or permit
to be made or continued any unreasonable noise[, except that this section shall not apply
to any sound from any source where the decibel level of such sound is within the limits
prescribed by another section of this title and where there is compliance with all other
applicable requirements of law with respect to such sound].
(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.
§10. Subchapters 4, 5 and 6 of chapter 2 of title 24 of such code are REPEALED
and new subchapters 4, 5 and 6 are added to read as follows:
SUBCHAPTER 4
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Construction Noise Management
§24-219 Noise mitigation rules. (a) The commissioner shall adopt rules prescribing
noise mitigation strategies, methods, procedures and technology that shall be used at
construction sites whenever any one or more of the construction devices or activities
listed below are employed or performed:
(1) air compressors.
(2) pile drivers.
(3) sledgehammers.
(4) bulldozers.
(5) pneumatic hammers.
(6) steam shovels.
(7) derricks.
(8) cranes.
(9) steam or electric hoists.
(10) off -road construction vehicles other than trucks.
(11) pumps.
(12) pneumatic tools.
(13) blasting.
(14) power tools.
(15) tunneling machines.
(16) construction devices with internal combustion engines.
(17) construction devices that emit impulsive sound.
(18) construction devices that create vibration.
(19) metal plates used in street construction to temporarily cover excavations.
(20) any other construction devices or activities specified in such rules.
(b) Such rules shall include but shall not be limited to:
(1) The use of perimeter fences with acoustical insulation, where appropriate.
(2) The use of portable barriers with acoustical insulation, where appropriate.
(3) The use of acoustical blanket insulation, where appropriate.
(4) Testing of exhaust mufflers and certification, in a form and manner to be
specified in the rules, that mufflers meet factory specifications for noise emissions at
maximum loading at the commencement of construction at the site.
(5) The development of generic noise mitigation plans, where appropriate.
(6) Additional mitigation measures for sensitive receptors such as hospitals and
schools, where appropriate.
(c) The commissioner shall appoint an advisory committee, which shall include, but
shall not be limited to, representatives of utility companies and the construction industry,
including those industries related to heavy construction, persons with acoustical
expertise and/or expertise regarding the health effects of noise, a representative of the
city council and employees of the department and of other relevant city agencies. The
committee shall provide advice and recommendations to the department relating to
construction noise mitigation and shall assist the department in the development of the
noise mitigation rules required by this section. The commissioner shall consult with the
committee regarding any proposed amendments of such rules. In the development of
such rules the commissioner shall consider factors such as the availability, cost and
safety of proposed noise mitigation measures.
§24-220 Noise mitigation plan. (a) Each person, corporation or other business
entity performing construction work in the city shall adopt and implement a noise
mitigation plan for each construction site in accordance with the provisions of this
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subchapter and such rules whenever any one or more of the construction devices or
activities listed above or in the department's rules are employed or performed at the site.
(b) Such plan shall be adopted prior to the commencement of construction at the
site or, with respect to emergency work, as defined in the department's rules, within
three days thereafter, and shall apply to all work at the site throughout the construction
process. The plan shall provide in detail the noise mitigation strategies, methods,
procedures and technology, as prescribed in the rules of the department or specifically
approved by the commissioner in accordance with section 24-221 of this code, for each
device or activity employed or performed at the site. Each permit holder or other person
in charge of such construction site will be accountable for compliance with such rules
and shall ensure that each person performing construction work at the site shall be
aware of the plan and shall be responsible for complying with those provisions that
affect his or her work.
(c) A copy of the plan shall be kept at the construction site and shall be made
available for inspection upon the request of persons authorized to enforce the provisions
of this code.
(d) The plan shall be amended whenever additional devices or activities unforeseen
at the commencement of construction are employed at the site or at the direction of the
commissioner in accordance with section 24-223 of this subchapter.
(e) A plan need not be filed with or approved by the department prior to the
commencement of construction if it conforms in all respects to the rules of the
department with respect to construction devices and activities employed or performed at
the construction site. A plan that deviates in any respect from such rules or an
alternative noise mitigation plan required to be certified in conjunction with a undue
hardship application pursuant to paragraph (5) of subdivision (e) of section 24-223 shall
be subject to the prior approval of the commissioner in accordance with section 24-221
of this code.
(f) This section shall not apply to construction work in connection with the
alteration or repair of an existing one or two family owner -occupied dwelling classified
in occupancy group J-3 or a convent or rectory.
§24-221 Alternative noise mitigation plan. (a) Upon application, the commissioner
may approve an alternative noise mitigation plan for a particular construction site that
deviates from strict compliance with the noise mitigation rules. Application for approval
of such plan shall be submitted to the department at least ten business days prior to the
commencement of construction or as soon as practicable but no later than 24 hours prior
to the commencement of construction in a form and manner and accompanied by such
information and documentation as shall be set forth in the rules of the department. The
commissioner may approve such alternative noise mitigation plan if he or she finds that:
(1) strict compliance with the noise mitigation rules would not be possible or would
create an undue hardship because of the location or unique characteristics of the site or
of the construction devices or activities to be employed or performed at the site; and
(2) the alternative noise mitigation strategies, methods, procedures or equipment
proposed are consistent with the purposes and policies of this code.
(b) Notwithstanding the foregoing provisions, with respect to construction sites
where construction is performed pursuant to a permit issued prior to the effective date of
this section or in the case of construction by or on behalf of a city agency where
construction is performed under a contract bid out prior to the effective date of this
section, application for approval of an alternative noise mitigation plan may be
13
submitted within 60 days after the effective date of this section. The commissioner may
approve such plan if he or she finds that:
(1) strict compliance with the noise mitigation rules would not be possible or would
create an undue hardship because of the location or unique characteristics of the site or
of the construction devices or activities employed or performed at the site, or
(2) strict compliance with such rules would be unreasonable or unduly burdensome
with respect to construction work that is imminent or ongoing on the effective date of this
section, or
(3) with respect to city construction projects, the implementation of contract
modifications to achieve strict compliance with such rules would result in unreasonable
delay and/or increased expenditure for a necessary public improvement, and
(4) the alternative noise mitigation strategies, methods, procedures or equipment
proposed are consistent with the purposes and policies of this code.
(c) Where the commissioner rejects an alternative noise mitigation plan, an
applicant may appeal such rejection in accordance with the rules of the department. An
alternative plan shall not be in effect unless and until it has been approved by the
commissioner except that where a timely alternative plan has been filed with the
commissioner for approval, a construction site in compliance with such alternative plan
shall be deemed to be in compliance with this section unless and until such
plan is rejected by the commissioner and for a reasonable time thereafter as determined
by the commissioner.
§24-222 After hours and weekend limits on construction work. Except as otherwise
provided in this subchapter, it shall be unlawful to engage in or to cause or permit any
person to engage in construction work other than on weekdays between the hours of 7
a.m. and 6 p.m. A person may however perform construction work in connection with
the alteration or repair of an existing one or two family owner -occupied dwelling
classified in occupancy group J-3 or a convent or rectory on Saturdays and Sundays
between the hours of 10 a.m. and 4 p.m. provided that such dwelling is located more than
300 feet from a house of worship.
§24-223 After hours work authorization. (a) Notwithstanding section 24-222 of this
subchapter, an agency authorized to issue permits for construction work may, along with
such permit, issue an after hours work authorization for the work site. Such after hours
authorization may permit construction work to be performed at the site before 7 a.m. or
after 6 p.m. on weekdays and/or on Saturdays and/or Sundays subject to the conditions
and restrictions set forth in this section.
(b) The agency issuing such authorization must obtain a certification from its
permittee that the permittee has developed a noise mitigation plan for the site in
accordance with this subchapter and that such plan is in compliance with the noise
mitigation rules. In the case of emergency work such certification shall be submitted
within 3 days after the commencement of the work.
(c) If after hours work at the site is not being performed in compliance with such
plan or where no plan is in effect, the department or the agency issuing such
authorization, at the request of the commissioner or on its own account, may take
appropriate action, including but not limited to the refusal to renew such after hours
authorization.
(d) Where there is full compliance with the noise mitigation plan yet nevertheless
aggregate sound levels from the site where an after hours authorization is in effect
exceed 8dB(A) above the ambient sound level as measured in any residential receiving
property dwelling unit (with windows and doors that may affect the measurement
14
closed), the commissioner may request the person performing the work to confer with
representatives of the department regarding additional noise mitigation measures that
may be employed at the site to reduce aggregate sound levels. After such conference the
commissioner may direct amendment of the noise mitigation plan for the site. Failure to
respond to a request for a conference or to amend the noise mitigation plan within the
time prescribed in a notice issued by the department shall be a violation of this code.
(e) Authorization for after hours construction work may only be issued in the
following circumstances:
(1) Emergency work. Agencies shall authorize such after hours construction work
for emergency conditions, inside or outside the property line, involving a threat to public
safety or causing or likely to cause the imminent interruption of service required by law,
contract or franchise. An emergency authorization issued pursuant to this paragraph
shall expire as determined by the agency but no later than the ninetieth day after its
issuance and shall be renewable in accordance with agency procedures while the
emergency continues.
(2) Public safety. Agencies may authorize such after hours work, inside or outside
of the property line, where the agency determines that the work cannot reasonably or
practicably be performed on weekdays between the hours of 7 a.m. and 6 p.m. because of
traffic congestion and/or concern for worker and/or public safety. An authorization
issued pursuant to this paragraph shall expire as determined by the agency but no later
than the ninetieth day after its issuance and shall be renewable in accordance with
agency procedures.
(3) City construction projects. Agencies may authorize after hours work by or on
behalf of city agencies for projects that are judicially mandated or the subject of consent
orders and/or where a project is necessary in the public interest including but not limited
to facilities, equipment, and infrastructure for the provision of water, sewerage,
sanitation, transportation and other services necessary for the health or safety of the
public. An authorization issued pursuant to this paragraph for a city construction
project shall remain in effect for the duration of the project.
(4) Construction activities with minimal noise impact. The commissioner shall
promulgate rules setting forth a list of construction activities with minimal noise impact
and specific noise mitigation measures applicable to such activities. Agencies may
authorize the performance of such construction activities after hours in accordance with
such rules.
(5) Undue hardship. Agencies may authorize after hours work if the commissioner
certifies that the permit holder has substantiated a claim of undue hardship resulting
from unique site characteristics, unforeseen conditions, scheduling commitments and/or
financial considerations outside the control of the permit holder and that the applicant
has received approval from the department of an alternative noise mitigation plan
pursuant to section 24-221 of this subchapter, specking the activities and devices that
will be used for such after hours construction and setting forth the additional mitigation
measures, above and beyond those measures otherwise required for such devices and
activities pursuant to the department's rules, that the applicant will use to significantly
limit noise emissions from the site of such after hours work. Applications for such
certification shall be submitted to the department in a form and manner to be set forth in
the rules of the department. The applicant for an after hours authorization under this
paragraph shall submit such certification to the issuing agency.
§24-224 Construction work without noise mitigation plan unlawful. It shall be
unlawful to perform work at any construction site in the city that is not in compliance
15
with a noise mitigation plan where such plan is required pursuant to this subchapter and
with the noise mitigation rules adopted pursuant to this subchapter. Notwithstanding
any other provision of this code, construction work performed in accordance with a
noise mitigation plan that is in full compliance with this subchapter and such rules shall
be deemed to be in compliance with all decibel level limits set forth in other subchapters
of this code. The provisions of this subchapter shall supercede all other provisions of
this code relating to construction activities or devices that are inconsistent with or in
conflict therewith.
SUBCHAPTER 5
PROHIBITED NOISE
SPECIFIC NOISE SOURCES — SOUND LEVEL STANDARD
§24-225 Refuse collection vehicles. (a) No person shall sell, offer for sale, operate
or permit to be operated a refuse collection vehicle, equipped with a compacter, that
produces a maximum sound level when the compacting mechanism is in the compacting
cycle but not engaged in compacting a load that exceeds 80 dB(A), when measured by a
sound level meter set for slow response at a distance of 35 feet or more from the
compacting unit.
(b) It shall be unlawful to operate or cause to be operated a refuse collection
vehicle, including such a vehicle equipped with a compacter, within 50 feet of any
residential receiving property at or after 11:00 p.m. and before 7:00 a.m. if the
aggregate sound, not including impulsive sound, generated by the collection and
compacting activities exceeds 85 dB(A) when measured by a sound level meter set to
slow response at a distance of 35 feet or more from the vehicle. On and after July 1,
2012 such aggregate sound shall not exceed 80 dB(A). The provisions of this subdivision
shall not apply to the operation of refuse collection vehicles during an emergency such
as a storm or other event that causes delays in refuse collection.
§24-226 Air compressors. (a) No person shall operate or cause to be operated an
air compressor unless it is equipped with an appropriate muffler with no exhaust leaks.
(b) No person shall sell, offer for sale for use within the city of New York, or operate
or permit to be operated an air compressor that, when operated, produces a maximum
sound level, when measured at a distance of one meter or more from the nearest major
surface of such air compressor, exceeding 80 dB(A) for sizes greater than 350 cfm or
exceeding 75 dB(A) for sizes 350 cfm or less.
(c) Except for construction work outside the property line on a public right-of-way,
no person shall operate or permit to be operated an air compressor so as to generate
sound levels in excess of 75 dB(A) as measured at any receiving property.
§24-227 Circulation devices. (a) No person shall operate or permit to be operated a
circulation device in such a manner as to create a sound level in excess of 42 dB(A)
when measured inside a receiving property dwelling unit. The measurement shall be
taken with the window or terrace door open at a point three feet from the open portion of
the window or terrace door.
(b) On and after the effective date of this section, when a new circulation device is
installed on any building lot or an existing device on any building lot is replaced, the
cumulative sound from all circulation devices on such building lot owned or controlled
by the owner or person in control of the new device being installed or the existing device
being replaced shall not exceed 45 dB(A), when measured as specified in subdivision a of
this section. For a period of two years after the effective date of this section, this
subdivision shall not apply to the replacement of a circulation device that was installed
16
on any building lot prior to the effective date of this section by a device of comparable
capacity.
(c) Except as otherwise provided in subdivision b of this section, with respect to
circulation devices installed on any building lot prior to the effective date of this section,
the sound level limit of 42 dB(A) referred to in subdivision a of this section shall apply to
each individual device except that if the cumulative sound from all devices owned or
controlled by the same person on a building lot exceeds 50 dB(A), when measured as
specified in subdivision a of this section, the commissioner may order the owner or
person in control of such devices to achieve a 5 dB(A) reduction in such cumulative
sound level within not more than 12 months after the issuance of such order.
§24-228 Construction, exhausts and other devices. (a) No person shall operate or
use or cause to be operated or used a construction device or combination of devices in
such a way as to create an unreasonable noise. For the purposes of this section
unreasonable noise shall include but shall not be limited to sound that exceeds the
following prohibited noise levels:
(1) Sound, other than impulsive sound, attributable to the source or sources, that
exceeds 85 dB(A) as measured 50 or more feet from the source or sources at a point
outside the property line where the source or sources are located or as measured 50 or
more feet from the source or sources on a public right-of-way.
(2) Impulsive sound, attributable to the source, that is 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.
(b) 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,
such specific decibel limits shall apply to such device or source. However, if aggregate
sound levels from a construction site exceed the limits set forth in this section,
compliance with such specific decibel limits shall not be a defense in any proceeding
relating to a violation of this section.
§24-228.1 Exhausts. No person shall cause or permit discharge into the open air of
the exhaust of any device, including but not limited to any steam engine, diesel engine,
internal combustion engine, power tools, compressors or turbine engine, so as to create
an unreasonable noise. For the purposes of this section unreasonable noise shall
include but shall not be limited to sound that exceeds the prohibited noise levels set forth
in section 24-228.
§24-229 Containers and construction material. (a) No person shall handle or
transport or cause to be handled or transported on any public right-of-way any
container or any construction material in such a way as to create an unreasonable noise.
For the purposes of this section unreasonable noise shall include but shall not be limited
to the following prohibited noise levels:
(1) Sound, other than impulsive sound, attributable to the source measured at a
level of 10 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.
(2) 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
17
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.
(b) This section shall not apply to the operation of refuse collection vehicles
regulated pursuant to section 24-225.
§24-230 Paving breakers. (a) No person shall operate or cause to be operated a
paving breaker, other than one operated electrically or hydraulically, unless a pneumatic
discharge muffler certified by the manufacturer of such muffler to provide a dynamic
insertion loss of 5 dB(A) of the sound released from the air discharge of such paving
breaker is installed on such air discharge.
(b) No person shall sell, offer for sale for use within the city of New York, operate or
permit to be operated a paving breaker that when operated produces a maximum sound
level that exceeds 95 dB(A), when measured at a distance of one meter or more from a
face of such paving breaker.
§24-231 Commercial music. (a) No person shall make or cause or permit to be
made or caused any music originating from or in connection with the operation of any
commercial establishment or enterprise when the level of sound attributable to such
music, as measured inside any receiving property dwelling unit:
(1) is in excess of 42 dB(A) as measured with a sound level meter; or
(2) is in excess of 45 dB in any one-third octave band having a center frequency
between 63 hertz and 500 hertz (ANSI bands numbers 18 through 27, Inclusive), in
accordance with American National Standards Institute standard S1.6-1984; or
(3) causes a 6 dB(C) or more increase in the total sound level above the ambient
sound level as measured in decibels in the "C" weighting network provided that the
ambient sound level is in excess of 62 dB(C).
(b) (1) The commissioner may recommend to the board that there shall be no civil
penalty imposed for a first violation of this section if, within 30 days after the issuance of
such violation or, if applicable, within the time granted by the commissioner pursuant to
paragraph two of this subdivision, the respondent admits liability for the violation and
files a certification with the department in a form and manner and containing such
information and documentation as shall be prescribed in the department's rules that (i)
permanent improvements or modifications have been made to the establishment,
including but not limited to the installation of appropriate sound insulation, isolators,
suspension mounting and/or sound mitigation devices or materials and (ii) appropriate
sound measurements taken in accordance with the department's rules substantiate that
the establishment is in full compliance with the sound levels set forth in this section. If
the commissioner accepts such certification of compliance, he or she shall recommend to
the board that no civil penalty shall be imposed for the violation. Such violation may
nevertheless serve as a predicate for purposes of imposing penalties for subsequent
violations of this section.
(2) Where the completion of appropriate permanent improvements or modifications
and testing within 30 days after the issuance of the violation would cause the respondent
undue hardship, the respondent may apply to the commissioner for additional time to
submit an appropriate certification of compliance, but not more than 30 days.
Application for such additional time must be submitted to the commissioner within 30
days after the issuance of the violation along with an admission of liability and
appropriate documents in support of the claim of undue hardship.
(3) Nothing in this subdivision shall be construed to prohibit enforcement personnel
from issuing additional notices of violation, summonses or appearance tickets where
18
sound levels exceed the limits set forth in subdivision a of this section during the periods
of time set forth in paragraphs one and two of this subdivision for submission of a
certification of compliance for a first violation.
(c) In any proceeding under this section it shall be an affirmative defense that the
receiving property dwelling unit was not lawfully occupied at the time of the violation.
(d) The commissioner may grant a variance from strict application of the limits set
forth in subdivision (a) of this section for a commercial establishment or enterprise that
was in operation at the same site prior to the date of enactment of the local law that
added this section if he or she finds that there are practical difficulties or unnecessary
hardship in the application of such provisions in the specific case, provided that as a
condition to the grant of any such variance, sufficient evidence or data is submitted by an
applicant that there are physical conditions or zoning district conditions, including
irregularity in lot size characteristics and zoning changes, and that as a result of such
physical or zoning district conditions, practical difficulties or unnecessary hardship arise
in complying with such provisions. In granting a variance the commissioner may impose
such terms and conditions as he or she deems necessary to carry out the intent of this
section to minimize noise emissions from the site. Application for a waiver shall be
submitted in such form and manner as shall be provided by rules of the department and
shall include in detail proposed measures which the applicant proposes will minimize
sound from the site. A variance granted pursuant to this subdivision shall not be
transferable but shall expire upon a change in ownership, size or location of the
commercial establishment or enterprise in accordance with the rules of the department.
Violation of the conditions of any variance shall be deemed to be a violation of this
section.
§24-232 Allowable decibel levels -octave band measurement. (a) No person shall
cause or permit a sound source operating in connection with any commercial or business
enterprise to exceed the decibel levels in the designated octave bands shown below as
measured within a receiving properly as specified therein.
Octave Band
Frequency (Hz)
Maximum Sound Pressure Levels (dB) as measured within
a receiving property as specified below
Residential receiving
properly for mixed use
buildings and residential
buildings (as measured
within any room of the
residential portion of the
building with windows open,
if possible).
Commercial receiving
property (as measured within
any room containing offices
within the building with
windows open, ifpossible).
31.5
70
74
63
61
64
125
53
56
250
46
50
500
40
45
1000
36
41
2000
34
39
4000
33
38
8000
32
37
19
(b) All sources that are within the A -scale limits prescribed by any other section of
this code must also comply with the octave band decibel levels as specified herein.
Compliance with this section does not constitute a defense to violation of decibel limits
set by any other section of this code.
(c) Measurements performed on residential property shall not be taken in non -living
areas such as closets and crawlspaces.
(d) This section shall not apply to impulsive sound, music or construction devices or
activities.
(e) This section shall not apply to any utility structure in existence prior to January
1, 2004. For the purposes of this subdivision the term "utility structure" means any
electric substation owned or operated by an electric, gas, or steam utility subject to the
jurisdiction of the New York state public service commission.
(f) This section shall not apply to any refuse collection facility owned, operated or
regulated by the department of sanitation.
SUBCHAPTER 6
SPECIFIC NOISE SOURCES
PLAINLY AUDIBLE AND OTHER STANDARDS
§24-233 Personal audio devices. (a) No person shall operate or use or cause to be
operated or used any personal audio device in such a manner as to create an
unreasonable noise.
(b) For the purposes of this section unreasonable noise shall include but shall not
be limited to:
(1) the operation or use of a personal audio device on or in any public right-of-way
so that sound emanating from such device is plainly audible to another individual at a
distance of 25 feet or more from the source.
(2) the operation or use of a personal audio device from on or inside a motor
vehicle, whether moving, parked, stopped or standing, on or in any public right-of-way
so that sound emanating from such device is plainly audible to another individual
outside of such motor vehicle at a distance of 25 feet or more from the source.
(c) Nothing in this section shall be construed to permit the operation or use of a
personal audio device where such operation or use would otherwise be prohibited
pursuant to section 10-108 or 24-244 of the administrative code.
§24-234 Operation or use of sound reproduction device in or on rapid transit
railroad, omnibus or ferry. It shall be unlawful to operate or use a sound reproduction
device in or on any rapid transit railroad, omnibus or ferry, other than a personal audio
device with personal earphones such that sound from such earphones is not plainly
audible to another individual at a distance of 5 feet or more from the source.
§24-235 Animals. No person having charge, care, custody, or control of any animal
shall cause or permit such animal to cause unreasonable noise including, but not limited
to, any sound that is plainly audible at any location within any residential receiving
property as set forth below:
(a) At or after 7 a.m. and before 10 p.m., continuously for a period of 10 minutes or
more.
(b) At or after 10 p.m. and before 7 a.m., continuously for a period of 5 minutes or
more.
§24-236 Motor vehicles. (a) Motor vehicles, other than motorcycles, with a
maximum gross weight of 10,000 lbs. or less. No person shall cause or permit any motor
vehicle, other than a motorcycle, with a maximum gross weight of 10,000 lbs. or less to
20
operate on a public right-of-way where the muffler or exhaust generates a sound that is
plainly audible to another individual at a distance of 150 feet or more from the motor
vehicle.
(b) Motorcycles. No person shall cause or permit any motorcycle to operate on a
public right-of-way where the muffler or exhaust generates a sound that is plainly
audible to another individual at a distance of 200 feet or more from the motorcycle.
(c) Motor vehicles with a maximum gross weight greater than 10,000 lbs. No
person shall cause or permit any motor vehicle with a maximum gross weight greater
than 10,000 lbs. to operate on a public right-of-way where the muffler or exhaust
generates a sound that is plainly audible to another individual at a distance of 200 feet
or more from the motor vehicle, except when compression brake systems are used in an
emergency to stop the vehicle.
(d) (1) No person operating a motor vehicle containing a compression brake system
or systems shall apply such compression brake system or systems except when such
system or systems are used in an emergency to stop the vehicle.
(2) The department is authorized to post signs at every entry point of the city
containing the following information: THE USE OF COMPRESSION BRAKE SYSTEMS
IS PROHIBITED ON STREETS WITHIN NEW YORK CITY WHERE THE SPEED
LIMIT IS 35 MILES PER HOUR OR LESS EXCEPT IN CASE OF AN EMERGENCY.
(e) No person shall cause or permit the total sound from a motor vehicle operating
on any public right-of-way to exceed the sound level set forth in section 386 of the
vehicle and traffic law and the rules adopted pursuant to such section.
(fj Subdivisions a, b, c and paragraph one of subdivision d of this section may only
be enforced on streets where the speed limit is 35 miles per hour or less.
§24-237 Sound signal devices. (a) No person shall operate or use or cause to be
operated or used any claxon installed on a motor vehicle, except as a sound signal of
imminent danger or in connection with use as an audible motor vehicle burglar alarm as
provided in section 24-238 of this code.
(b) No person shall operate or use or cause to be operated or used an air horn or
gong installed on any motor vehicle other than as provided in section 24-241 of this
code.
(c) No person shall operate or use or cause to be operated or used any steam whistle
attached to any stationary boiler, except to give notice of the time to start and stop work
or as a sound signal of imminent danger.
(d) No person shall operate or use or cause to be operated or used on any public
right-of-way any electrically operated or electronic sound signal device (other than a
safety device, such as but not limited to a car horn or back up signal, that is actually
used for its intended purpose) attached to, on or in a motor vehicle, wagon or manually
propelled cart from which food or any other items are sold or offered for sale when the
vehicle is stopped, standing or parked. For the purposes of this subdivision the term
"stopped" means the halting of a vehicle, whether occupied or not, except when
necessary to avoid conflict with other traffic or in compliance with a police officer or
other authorized enforcement officer or a traffic control sign or signal. The terms
"standing" and `parked" shall be as defined in the vehicle and traffic law.
§24-238 Audible burglar alarm and audible status indicator. (a) No owner of a
building or of a motor vehicle shall have in operation an audible burglar alarm thereon
unless such burglar alarm shall be capable of and shall automatically terminate its
operation within fifteen minutes of its being activated in the case of a building, and three
21
minutes of its being activated in the case of a motor vehicle. No audible burglar alarm on
a motor vehicle shall be capable of being activated except by:
(i) direct physical contact with that motor vehicle; or
(ii) through the use of an individual remote activation device, that is activated from
no further than 15 feet away from such vehicle and, that is designed to be used with the
audible burglar alarm system of a particular vehicle which alarm shall be capable of
and shall terminate its audible response within three minutes of its being activated.
(b) No owner of a motor vehicle shall have in operation an audible status indicator
on such motor vehicle.
§24-239 Audible burglar alarm or audible status indicator may be disconnected. (a)
Notwithstanding the provisions of section 24-238, any member of the police department
shall have the right to take such steps as may be reasonable and necessary to disconnect
any audible burglar alarm or audible status indicator that is installed on a motor vehicle
at any time during the period of its activation.
(b) The operator of any motor vehicle on which an audible burglar alarm or
audible status indicator has been installed shall when parked on a public highway or
parking lot open to the public, prominently display the number and telephone number of
the owner's local police precinct where information shall be on file to permit
communication with the owner of such vehicle.
§24-240 Removal of vehicle with audible burglar alarm or audible status indicator.
(a) Notwithstanding the provisions of section 24-239, any member of the police
department may arrange for the removal of a motor vehicle from a public highway or
parking lot open to the public, when:
(i) an audible burglar alarm installed on such vehicle is operated in violation of this
code or an audible status indicator is operated on such vehicle; and
(ii) all reasonable and necessary steps to disconnect such alarm or audible status
indicator have been taken without success. Authorized personnel of the department or the
department of transportation may request a member of the police department to arrange
for removal of such vehicle. When such removal is requested, the notice of violation for
operation of an audible burglar alarm in violation of this section or for operation of an
audible status indicator shall state that a member of the police department took all
reasonable and necessary steps to disconnect such alarm or such audible status
indicator without success. Such removal may be accomplished by utilizing any existing
city -operated tow program, rotation tow program established pursuant to section 20-519
of the code or such other procedures as may be established. The cost of towing and
storage of such motor vehicle shall be the responsibility of the owner or other person
who claims such vehicle.
(b) An opportunity for a hearing before the board shall be provided to the owner of
a motor vehicle removed pursuant to this section within five business days after a request
for a hearing is made to determine whether there was a basis for such removal. The
board shall render a decision within two business days following the conclusion of the
hearing. If it is determined that there was no basis for removal of a vehicle pursuant to
this section, the owner of such vehicle may recover from the city any amounts paid by
such owner for towing and storage.
§24-241 Emergency signal devices. (a) No person shall operate or use or cause to
be operated or used any emergency signal device, except on an authorized emergency
vehicle when such vehicle is in the act of responding to an emergency; provided that
such device shall not be operated for a period of time longer than is necessary to
respond to such emergency. Notwithstanding the foregoing, such a device on a motor
22
vehicle shall be lawful if designed and used solely as an audible motor vehicle burglar
alarm in accordance with section 24-238 and a device attached to a vehicle for the
purpose of providing an audible warning when the vehicle is backing up shall be
permitted even though the audible warning may consist of a gong or bell sound.
(b) No person shall operate or permit to be operated an emergency signal device
installed on an authorized emergency vehicle that when operated at the maximum level
creates a sound level in excess of 90 dB(A) when measured at a distance of fifty feet from
the center of the forward face of such vehicle. Within one year after the effective date of
this subdivision and every two years thereafter, emergency signal devices installed on
authorized emergency vehicles shall be tested and certification shall be submitted, in a
form approved by the department, that such devices meet the standard set forth in this
subdivision for operation at maximum level. Notwithstanding the foregoing provisions,
where compliance with the provisions of this subdivision would create an undue
hardship, the owner or operator of an authorized emergency vehicle may submit a plan
to the commissioner for emergency signal devices to meet the standard set forth in this
subdivision within two years after the effective date of this subdivision. Such plan shall
be submitted within one year after the effective date of this subdivision in lieu of the
required certification. This subdivision shall not apply to authorized emergency vehicles
of the police department, fire department or authorized emergency vehicles responding
to medical emergencies.
§24-242 Lawn care devices. (a) No person shall operate or use or cause to be
operated or used any lawn care device:
(1) On weekdays before eight a.m. and after seven p.m. or sunset, whichever occurs
later; or
(2) On weekends and New York state and federal holidays before nine a.m. and after
sixp.m.; or
(3) At any time in such a way as to create an unreasonable noise. For the purposes
of this section unreasonable noise shall include but shall not be limited to an aggregate
sound level of 75 dB(A) or more, attributable to the source or sources, as measured at
any point within a receiving property. The provisions of paragraph (1) of this
subdivision shall not apply to an employee of the department of parks and recreation or
an agent or contractor of the department of parks and recreation who operates or uses
or causes to be operated or used any lawn care device between the hours of seven a.m.
and eight a.m. in any location more than three hundred feet from any building that is
lawfully occupied for residential use. The distance of three hundred feet shall be
measured in a straight line from the point on the exterior wall of such building nearest to
any point in the location at which such lawn care device is operated or used or caused to
be operated or used.
(b) No person shall operate or use or cause to be operated or used any leaf blower
not equipped with a functioning muffler.
§24-243 Snow blowers. The provisions of this code shall not apply to the operation
of a snow blower for the purpose of complying with subdivision a of section 16-123 of
the administrative code.
§24-244 Sound reproduction devices. (a) Except as otherwise provided in section
10-108 of the code, no person shall operate or use or cause to be operated or used any
sound reproduction device in such a manner as to create unreasonable noise.
(b) No person shall operate or use or cause to be operated or used any sound
reproduction device, for commercial or business advertising purposes or for the purpose
of attracting attention to any performance, show, sale or display of merchandise, in
23
connection with any commercial or business enterprise (including those engaged in the
sale of radios, television sets, compact discs or tapes), (i) outside or in front of any
building, place or premises or in or through any aperture of such building, place or
premises, abutting on or adjacent to a public street, park or place; (ii) in or upon any
vehicle operated, standing or being in or on any public street, park or place; (iii) from
any stand, platform or other structure; (iv) from any airplane or other device used for
flying, flying over the city; (v) from any boat on the waters within the jurisdiction of the
city; or (vi) anywhere on the public streets, public sidewalks, parks or places where
sound from such sound reproduction device may be heard upon any public street,
sidewalk, park or place. Nothing in this section is intended to prohibit incidental sounds
emanating from a sporting or an entertainment or a public event for which a permit
under section 10-108 of the code has been issued.
§ 11. Paragraph (5) of subdivision (b) of section 24-257 of such code is amended to
read as follows:
(5) Impose a civil penalty in each instance in an amount as set out in table [V] I
against any person who violates a provision of this code, or of any order, rule or
regulation promulgated by the commissioner or the board. Each day during which such
violation continues shall constitute a separate violation. The board may remit, in whole or
in part, such a civil penalty if, at the conclusion of the hearing or at the time of the board
determination under section 24-266 of this code, the respondent is no longer in violation
of a provision of this code, or of any order, rule or regulation promulgated by the
commissioner or the board;
§12. Table V following paragraph (5) of section 24-257 of such code is
REPEALED and a new table I is added following such paragraph (5) to read as follows:
TABLE I
Violations
related to
section and
subdivision
Civil Penalties
First Violation
Maxi- Mini -
Second
Violation*
Maxi- Mini-
mum mum mum mum
Third and
Subsequent
Violations*
Maxi- Mini-
mum mum
24-216 (d)
24-218
24-218.1
24-220
24-222
24-223
24-224
24-225
24-226
24-227
24-228
24-229
24-230
24-231 (a)
24-231 (b)
24-231 (c)
24-232
24-233 (a)
24-233 (b) (1)
2,625 650 5,250 1,300 7,875 1,950
1,000 350 2,000 700 3,000 1,050
50 50 50 50 50 50
1,400 440 2,800 880 4,200 1,320
3,500 875 7,000 1,750 10,500 2,625
3,500 875 7,000 1,750 10,500 2,625
3,500 875 7,000 1,750 10,500 2,625
1,400 440 2,800 880 4,200 1,320
1,400 440 2,800 880 4,200 1,320
875 220 1,750 440 2,625 660
1,400 440 2,800 880 4,200 1,320
1,400 440 2,800 880 4,200 1,320
1,400 440 2,800 880 4,200 1,320
8,000 2,000 16,000 4,000 24,000 6,000
1,750 440 3,500 880 5,250 1,320
875 350 1750 700 2,625 1,050
1,400 440 2,800 880 4,200 1,320
175 50 350 100 525 150
175 50 350 100 525 150
24
24-233 (b) (2) 350 100 700 200 1,050 300
24-234 175 50 350 100 525 150
24-235 175 50 350 100 525 150
24-236 (a) 525 150 1050 300 1,575 450
24-236 (b) (c) (d) 1,440 440 2,800 880 4,200 1,320
24-237 (a) 1,000 150 2,000 300 3,000 450
24-237 (b) 875 220 1,750 440 2,625 660
24-237 (c) 875 220 1,750 440 2,625 660
24-237 (d) 1,000 350 2,000 700 3,000 1,050
24-238 875 220 1,750 440 2,625 660
24-239 (b) 350 100 700 200 1,050 300
24-241 1,400 440 2,800 880 4,200 1,320
24-242 875 220 1,750 440 2,625 660
24-244 1750 440 3,500 880 5,250 1,320
24-245 2,625 660 5,250 1,320 7,875 1,980
All remaining sections
and subdivisions 875 220 1,750 440 2,625 660
* By the same respondent of the same provision of law, order, rule or regulation and, if
the respondent is the owner, agent, lessee or other person in control of the premises with
respect to which the violation occurred, at the same premises (all violations committed within
two years).
§13. Paragraph (3) of subdivision (c) of section 24-257 of such code is amended to
read as follows:
(3) order any person not in possession of [a variance] an after hours work
authorization issued pursuant to [subdivision (b) of section 24-224 ] section 24-223 of
this code to cease and desist from construction activities other than during the
permissible hours specified in [subdivision (a) of section 24-224] section 24-222 of this
code and the board may also seal any device used in such construction activities;
§ 14. Subdivision (f) of section 24-257 of such code is amended to read as follows:
(f) (1) The board may order any person to cease and desist from an activity which it
reasonably believes causes unreasonable noise which creates imminent peril to the public
health and well being, or to cease and desist from an activity which it reasonably believes
constitutes a willful or continued violation of any provision of this code or order or
regulation, promulgated by the commissioner or board. Such order shall be effective
upon service thereof. Any party affected by such an order may request a hearing on
written notice, and he or she shall be afforded a hearing, within twenty-four hours after
service of such request, pursuant to section 24-263 of this code. If such an accelerated
hearing is not requested, then a hearing shall be afforded within ten days of the issuance
of the order. The board shall issue its final decision and order thereon within three days
from the conclusion of a hearing held pursuant to this subdivision.
[(2) The board may rescind in whole or in part a variance issued by an agency of the
city of New York pursuant to subdivision (b) of section 24-224 of this code. Such order
shall be effective upon service thereof upon such agency and upon the person to whom
such variance was issued.]
§15. Section 24-258 of such code is amended to read as follows:
§ 24-258 The board. (a) The board shall be convened by the chairperson or in the
chairperson's absence the assistant commissioner of [air resources] environmental
compliance, or at the request of any three members thereof.
(b) If a member of the board has presided over the initial hearing, he or she shall not
be disqualified from reviewing the hearing.
25
(c) Five members of the board, at least two of who shall not be city officials, shall
constitute a quorum.
§ 16. All actions and proceedings, civil or criminal, or administrative proceedings
commenced under or by virtue of any provision repealed by this local law and pending
immediately prior to the taking effect of such repeal may be prosecuted and defended to
final effect in the same manner as they might if such provisions were not so repealed.
§17. On or prior to January 1, 2007 the commissioner of environmental protection
shall promulgate noise mitigation rules in accordance with section 24-219 of the
administrative code, as added by section 10 of this local law.
§18. This local law shall take effect on July 1, 2007 provided that prior to such
effective date agencies may promulgate rules or take other administrative actions
necessary for the timely implementation of this local law including the appointment of
any advisory committee and provided further that section 17 of this local law shall take
effect immediately upon its enactment into law.
THE CITY OF NEW YORK, OFFICE OF THE CITY CLERK, s.s.:
I hereby certify that the foregoing is a true copy of a local law of the City of New
York, passed by the Council on December 21, 2005 and approved by the Mayor on
December 29, 2005.
VICTOR L. ROBLES, City Clerk of the Council
CERTIFICATION PURSUANT TO MUNICIPAL HOME RULE LAW §27
Pursuant to the provisions of Municipal Home Rule Law §27, I hereby certify that
the enclosed Local Law (Local Law 113 of 2005, Council Int. No. 397-A) contains the
correct text and:
Received the following vote at the meeting of the New York City Council on
December 21, 2005: 47 for, 0 against, 0 not voting.
Was signed by the Mayor on December 29, 2005.
Was returned to the City Clerk on December 30, 2005.
JEFFREY D. FRIEDLANDER, Acting Corporation Counsel