2006 New York Code - Alternative Noise Mitigation Plan.

 
    * §  24-221  Sound  signal  devices. No person shall operate or use or
  cause to be operated or used any sound signal device so as to create  an
  unreasonable noise, except that:
    (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, provided that such operation or use shall be considered
  in any proceeding before the board pursuant to any applicable section of
  subchapter eight of this chapter of this  code,  except  section  24-269
  prima  facie  evidence  of  a  violation of this subdivision, and that a
  notice of violation shall in  every  instance  issue  against  a  person
  operating, using or causing to be operated or used a claxon installed on
  a motor vehicle.
    (b)  No person shall operate or use or cause to be operated or used an
  air horn installed on any  motor  vehicle  other  than  as  provided  in
  section 24-223 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  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 audible
  response within fifteen minutes of its being activated in the case of  a
  building,  and  three  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 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.
    (e)  No  owner  of  a motor vehicle shall have in operation an audible
  status indicator on such motor vehicle.
    (f) Notwithstanding the provisions of subdivision (d) of this section,
  any member of the police department of the city of New York  shall  have
  the  right  to  take  such  steps  as may be reasonable and necessary to
  disconnect any audible burglar alarm or audible status  indicator  which
  is  installed  on  a  motor vehicle at any time during the period of its
  activation.
    (g) The operator of any motor vehicle  on  which  an  audible  burglar
  alarm  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  motor
  vehicle.
    (h)  (1)  Notwithstanding  the  provisions  of subdivision (d) of this
  section, 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 section 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 the 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 the  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, the
  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 motor vehicle.
    (2) An opportunity for a  hearing  before  the  environmental  control
  board shall be provided to the owner of a motor vehicle removed pursuant
  to  paragraph  one of this subdivision within five business days after a
  request for a hearing is made to determine whether there was a basis for
  such removal. The environmental control 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  paragraph  one  of  this  subdivision, the owner of such vehicle may
  recover from the city any amounts paid by  such  owner  for  towing  and
  storage.
    (i)  The  department,  the  police  department  and  the department of
  transportation shall have the authority to  enforce  the  provisions  of
  this section.
    (j) No person shall operate or use or cause to be operated or used any
  sound  signal  device  attached  to  a  motor vehicle, wagon or manually
  propelled cart from which food or any other items are sold, which  emits
  a  sound  signal  more frequently than once every ten minutes in any one
  city block and with a duration of more than ten seconds for  any  single
  emission.
    * NB Effective until July 1, 2007
    * §  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 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.
    * NB Effective July 1, 2007