2006 New York Code - Personal Audio Devices.

 
    * §  24-233  Aircraft.  On or before September first, nineteen hundred
  seventy-three, the commissioner shall define  and  submit  to  the  city
  council  for enactment into this code allowable sound levels and ambient
  noise quality  criteria  and  standards  for  areas  affected  by  noise
  generated  by  airports  and  aircraft using airports in the city of New
  York. Such sound levels and such  ambient  noise  quality  criteria  and
  standards   shall  be  developed  in  accordance  with  a  comprehensive
  methodology for controlling and abating airport noise, including but not
  limited to the following methods:
    1. Encouraging use of the airport by aircraft classes with lower sound
  level  characteristics  and  discouraging  use  by  higher  sound  level
  aircraft classes;
    2.  Encouraging  approach and departure flight paths and procedures to
  minimize the noise in residential areas;
    3. Planning runway utilization schedules to take into account adjacent
  residential areas, noise characteristics of aircraft and noise sensitive
  time periods;
    4. Reduction of the flight frequency, particularly in the  most  noise
  sensitive time periods and by the noisier aircraft;
    5.   Employing   shielding   for  advantage,  using  natural  terrain,
  buildings, etc.; and
    6. Development of a  compatible  land  use  within  the  noise  impact
  boundary.
    Preference  shall  be  given  to  actions  which  reduce the impact of
  airport noise on existing communities.  Land  use  conversion  involving
  existing residential communities shall be considered the least desirable
  action  for achieving compliance with allowable sound levels and ambient
  noise quality criteria and standards adopted pursuant to this section.
    Allowable  sound  levels  and  ambient  noise  quality  criteria   and
  standards   defined   and  submitted  pursuant  to  this  section  shall
  accurately reflect the latest scientific knowledge useful in  indicating
  the  kind  and  extent  of  all  identifiable  effects on public health,
  welfare and comfort of any noise, or combination of noises, generated by
  airports and aircraft using airports in the city of New York  and  shall
  be  based  on  the latest economically feasible and available technology
  for the abatement of noise generated by airports  in  the  city  of  New
  York.
    * NB Effective until July 1, 2007
    * §  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.
    * NB Effective July 1, 2007