2006 New York Code - Noise Mitigation Plan.

 
    * §  24-220  Sound  reproduction  devices.  (a)  Except as 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 any 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,  or  sale  or  display  of  merchandise,  in  connection  with any
  commercial or business enterprise including those engaged in the sale of
  radios, television sets, phonographs, tape recorders, phonograph records
  or tapes, in front or outside 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, or in or upon any vehicle
  operated,  standing  or being in or on any public street, park or place,
  where the sound therefrom may be heard upon any public street,  park  or
  place,  or  from  any  stand,  platform  or other structure, or from any
  airplane or other device used for flying, flying over the city, or on  a
  boat  or  on the waters within the jurisdiction of the city, or anywhere
  on the public streets, parks or  places.  Nothing  in  this  section  is
  intended  to  prohibit  incidental  sounds  emanating from a sporting or
  entertainment or a public event for which a permit under section  10-108
  of the code has been issued.
    (c)  No  person  shall  operate  or use any radio, phonograph, or tape
  recorder in or on any rapid transit railroad, omnibus or ferry in such a
  manner that the sound emanating from such sound reproduction  device  is
  audible to another person.
    * NB Effective until July 1, 2007
    * § 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  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.
    * NB Effective July 1, 2007