§ 47-02 Noise Code Penalty Schedule.
All Citations are to the NYC Administrative Code unless otherwise indicated.
An admission or stipulation penalty is imposed if there is a "Y" (Yes) in the Stipulation or Admission column in the Penalty Schedule rather than a "N" (No), and if a stipulation is offered and accepted, or the violation is admitted, at a hearing.
Definition of 2nd and/or 3rd and/or 4th offense: By the same respondent of the same provision of law, order, rule or regulation as the previous violation 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 as the previous violation (all violations committed within two years).
Pursuant to 48 RCNY § 3-17, a late admit fee of $30.00 will be added to all the below listed penalties for a failure to submit a payment by mail within 30 days of the mailing date of the default order issued against respondent.
Asterisk (*): In connection with § 24-231(a), a zero penalty shall be imposed for admission of a first offense upon submission to DEP (within 30 days of NOV issuance unless extended by DEP) of acceptable certification of compliance as set forth in § 24-231(b)(1).
(Mitigation: 01) A zero penalty shall be imposed for a first offense upon submission to DEP (within 30 days of NOV issuance unless extended by DEP) of acceptable certification of compliance and admission of liability by respondent.
Section of Law Violation Description Compliance Offense Penalty Default Penalty Stipulation or Admission
10-108 Noise from sound device exceeding permit levels Reduce noise to conform to permit forthwith 1st 250 250 N
2nd 500 500 N
3rd 750 750 N
4th 1,000 1,000 N
24-206(c) Failed to Comply with Commissioner's Order to Provide Access for Testing Allow access forthwith 1st 220 875 N
2nd 440 1,750 N
3rd 660 2,625 N
24-207(c) Refused DEP entry into public area(s) of premises Allow entry forthwith 1st 350 875 Y
2nd 700 1,750 N
3rd 1,050 2,625 N
24-207(d) Refusal to allow authorized employee to perform sound testing Allow sound testing forthwith 1st 350 875 Y
2nd 700 1,750 N
3rd 1,050 2,625 N
24-208 Operating equipment without a valid registration Obtain registration forthwith 1st 350 875 Y
2nd 700 1,750 N
3rd 1,050 2,625 N
24-209 Interfering w/or obstructing DEP Personnel Cease interference with adm. personnel - forthwith 1st 350 875 Y
2nd 700 1,750 Y
3rd 1,050 2,625 N
24-210 False/misleading statements: unlawful repro/alteration of documents Submit documented information - forthwith 1st 350 875 N
2nd 700 1,750 N
3rd 1,050 2,625 N
24-211 Failure to post certificate or tunneling permit Post certificate forthwith 1st 350 875 Y
2nd 700 1,750 Y
3rd 1,050 2,625 N
24-216(d) Failure to comply with noise abatement contract requirements Comply with abatement requirements forthwith 1st 650 2,625 Y
2nd 1,300 5,250 N
3rd 1,950 7,875 N
24-218(a) Causing or permitting unreasonable noise (7 a.m. to 10 p.m.) Cease unreasonable noise forthwith 1st 75 100 Y
2nd 150 225 Y
3rd 350 500 N
24-218(a) Causing or permitting unreasonable noise (10 p.m. to 7 a.m.) Cease unreasonable noise forthwith 1st 75 150 Y
2nd 150 250 Y
3rd 350 500 N
24-218(a-1) Causing or permitting unreasonable noise for commercial activities or purposes or through a device installed within or upon a building Cease unreasonable noise forthwith 1st 350 1,000 Y
2nd 700 2,000 Y
3rd 1,050 3,000 N
24-218(e) Failure to comply with Commissioner's Order or mitigation measures re noise from refuse collection facility Comply with Commissioner's Order forthwith 1st 350 (mitigation: 01) 1,000 Y
2nd 700 2,000 Y
3rd 1,050 3,000 N
24-218.1 Use of mobile telephones in a place of public performance 1st 0 0 Y
2nd 50 50 Y
3rd 50 50 Y
24-220(a) Failure to adopt/implement Noise Mitigation Plan for construction site Adopt Mitigation Plan forthwith 1st 875 1,400 Y
2nd 1,750 2,800 N
3rd 2,625 4,200 N
24-220(b) Inadequate / insufficiently detailed noise mitigation plan Provide additional information to Noise Plan forthwith 1st 440 1,400 Y
2nd 880 2,800 N
3rd 1,320 4,200 N
24-220(b) Failure to ensure that all construction workers are familiar with noise mitigation plan Inform workers about noise mitigation plan requirements forthwith 1st 440 1,400 Y
2nd 880 2,800 N
3rd 1,320 4,200 N
24-220(c) Failure to keep/have available for inspection copy of noise mitigation plan Make plan available forthwith 1st 440 1,400 Y
2nd 880 2,800 N
3rd 1,320 4,200 N
24-220(d) Failure to amend noise mitigation plan Amend noise mitigation plan forthwith 1st 440 1,400 Y
2nd 880 2,800 N
3rd 1,320 4,200 N
24-220(e) Failure to file noise mitigation plan when required File noise mitigation plan forthwith 1st 400 1,400 Y
2nd 880 2,800 N
3rd 1,320 4,200 N
24-222 Construction activities at impermissible times/days Cease construction activities at impermissible times/days forthwith 1st 1,400 3,500 Y
2nd 2,800 7,000 N
3rd 4,200 10,500 N
24-223(b) Failure to submit certification for emergency work within 3 days of starting work Submit certification forthwith 1st 875 3,500 Y
2nd 1,750 7,000 N
3rd 2,625 10,500 N
24-223(d)(1) Excessive noise as measured from a residential receiving property above 8dB(A). Stop operation of device causing exceedance. 1st 560 875 Y
2nd 1,120 1,750 N
3rd 1,680 2,625 N
24-223(d)(2) Noise from a construction site in excess of 85 dB(A) that is not within 200 feet of a residential receptor. Stop operation of device causing exceedance. 1st 560 875 Y
2nd 1,120 1,750 N
3rd 1,680 2,625 N
24-223(d)(3) Noise from a construction site in excess of 80 dB(A) within 200 feet of a residential receptor. Stop operation of device causing exceedance. 1st 560 875 Y
2nd 1,120 1,750 N
3rd 1,680 2,625 N
24-223(d)(4) Noise from street construction work in excess of 85 dB(A). Stop operation of device causing exceedance. 1st 560 875 Y
2nd 1,120 1750 N
3rd 1,680 2,625 N
24-223.1(d) Violation of Stop Work Order. Stop work and/or operation of device that is the cause of the stop work order. 1st 560 875 Y
2nd 1,120 1,750 N
3rd 1,680 2,625 N
24-224 Construction work not in compliance with noise mitigation plan Stop construction work forthwith 1st 1,400 3,500 Y
2nd 2,800 7,000 N
3rd 4,200 10,500 N
24-225(a) Sell / offer / operate / permit operation of refuse compacting vehicle producing excessive noise Stop operation of compacting vehicle forthwith 1st 560 1,400 Y
2nd 1,120 2,800 N
3rd 1,680 4,200 N
24-225(b) Operate / cause operation of refuse compacting vehicle producing excessive noise (11 p.m. to 7 a.m.) Stop operation of compacting vehicle forthwith 1st 700 1,400 Y
2nd 1,400 2,800 N
3rd 2,100 4,200 N
24-226(a) Operating air compressor without appropriate muffler w/no exhaust leaks Stop operation of air compressor forthwith 1st 560 1,400 Y
2nd 1,120 2,800 N
3rd 1,680 4,200 N
24-226(b) Excessive noise from air compressor (measured @ 1 meter) Stop operation of air compressor forthwith 1st 560 1,400 Y
2nd 1,120 2,800 N
3rd 1,680 4,200 N
24-226(c) Excessive noise from air compressor (measured @ receiving property) Stop operation of air compressor forthwith 1st 560 1,400 Y
2nd 1,120 2,800 N
3rd 1,680 4,200 N
24-227(a) Noise from circulation device in excess of 42 dB(A) Stop operation of circulation device forthwith 1st 220 (mitigation: 01) 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
24-227(b) Cumulative impact from circulation device exceeded 45 dB(A) Stop operation of circulation device forthwith 1st 220 (mitigation: 01) 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
24-227(c) Failure to reduce cumulative impact from multiple circulation devices exceeding 50 dB(A) Reduce cumulative impact noise from circulation device forthwith 1st 220 (mitigation: 01) 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
24-228 Unreasonable noise from construction devices Stop operation of construction device forthwith 1st 560 1,400 Y
2nd 1,120 2,800 N
3rd 1,680 4,200 N
24-228.1 Unreasonable noise from engine exhaust Stop operation of engine exhaust forthwith 1st 560 875 Y
2nd 1,120 1,750 N
3rd 1,680 2,625 N
24-229 Unreasonable noise from handling/transporting of container or construction material Stop handling and transportation of construction material forthwith 1st 560 1,400 Y
2nd 1,120 2,800 N
3rd 1,680 4,200 N
24-230(a) Operation/caused operation of paving breaker w/o pneumatic discharge muffler Use paving breaker with pneumatic discharge muffler forthwith 1st 560 1,400 Y
2nd 1,120 2,800 N
3rd 1,680 4,200 N
24-230(b) Sold/offer for sale/operate/permit operation of paving breaker producing over 95 dB(A) Stop operation of paving breaker forthwith 1st 560 1,400 Y
2nd 1,120 2,800 N
3rd 1,680 4,200 N
24-231(a)* Made / caused / permitted music from commercial establishment in excess of permitted levels Cease operation of commercial music forthwith 1st 2,000 8,000 N
2nd 4,000 16,000 N
3rd 6,000 24,000 N
24-231(d) Violation of variance from limits set forth in 24-231(a) Cease operation of commercial music forthwith 1st 560 875 N
2nd 1,120 1,750 N
3rd 1,680 2,625 N
24-232(a) Excessive noise from sound source @ commercial or business establishment Stop operation of sound source forthwith 1st 440 (mitigation: 01) 1,400 N
2nd 880 2,800 N
3rd 1,320 4,200 N
24-233(a) Unreasonable noise: personal audio device Stop operation of personal audio device forthwith 1st 70 175 Y
2nd 140 350 Y
3rd 210 525 N
24-233(b)(1) Unreasonable noise – personal audio device (public right-of-way) Stop operation of personal audio device forthwith 1st 140 175 Y
2nd 280 350 Y
3rd 420 525 N
24-233(b)(2) Unreasonable noise – personal audio device (motor vehicle) Stop operation of personal audio device forthwith 1st 140 350 Y
2nd 280 700 N
3rd 420 1,050 N
24-234 Excess noise from sound reproduction device on rapid transit (subway, bus, ferry) Stop operation of sound reproduction device forthwith 1st 70 175 Y
2nd 140 350 Y
3rd 210 525 N
24-235 Permitting animal to cause unreasonable noise Cease permitting animal to cause unreasonable noise forthwith 1st 70 175 Y
2nd 140 350 Y
3rd 210 525 Y
24-236(a) Excess noise from motor vehicles (10,000 lbs. or less) Stop operating vehicle that causes excessive noise forthwith 1st 210 525 Y
2nd 420 1,050 N
3rd 840 1,575 N
24-236(b) Excess noise from motorcycles Stop operating motorcycle that causes excessive noise forthwith 1st 880 1,440 Y
2nd 1,720 2,800 N
3rd 2,600 4,200 N
24-236(c) Excess noise from motor vehicles (10,000 lbs. or greater) Stop operating vehicle that causes excessive noise forthwith 1st 880 1,440 Y
2nd 1,720 2,800 N
3rd 2,600 4,200 N
24-236(d) Non-emergency use of compression brake system Stop using compression brake for non-emergencies forthwith 1st 880 1,440 Y
2nd 1,720 2,800 N
3rd 2,600 4,200 N
24-236(e) Causing or permitting the total sound from motor vehicle operating on a public right-of-way to exceed the sound level set forth in section 386 of the New York State Vehicle and Traffic Law and any applicable rules Stop causing or permitting the total sound of such a motor vehicle to exceed the sound level set forth in section 386 of the New York State Vehicle and Traffic Law and any applicable rules forthwith 1st 800 875 Y
2nd 1,700 1,750 N
3rd 2,500 2,625 N
24-237(a) Unauthorized use of motor vehicle claxon Cease use of claxon forthwith 1st 350 1,000 Y
2nd 700 2,000 Y
3rd 1,050 3,000 N
24-237(b) Unauthorized use of motor vehicle air horn/gong Cease use of air horn forthwith 1st 350 875 Y
2nd 700 1,750 Y
3rd 1,050 2,625 N
24-237(c) Improper use of sound signal device (food vendor) Cease use of sound signal device forthwith 1st 350 1,000 Y
2nd 700 2,000 Y
3rd 1,050 3,000 Y
24-238(a) Improper audible burglar alarm/no automatic termination Cease use of burglar alarm forthwith 1st 220 700 Y
2nd 440 1,400 Y
3rd 660 2,100 N
24-238(b) Audible status indicator on motor vehicle in operation Cease use of status indicator forthwith 1st 220 700 Y
2nd 440 1,400 Y
3rd 660 2,100 N
24-239(b) Vehicle owner failure to display owner's local precinct number Display local precinct number forthwith 1st 100 350 Y
2nd 200 700 Y
3rd 300 1,050 N
24-241(a) Unauthorized use of emergency signal device Cease use of signal device 1st 440 1,400 Y
2nd 880 2,800 N
3rd 1,320 4,200 N
24-241(b) Failed to file certification regarding test of emergency signal device File certification forthwith 1st 440 1,400 Y
2nd 880 2,800 N
3rd 1,320 4,200 N
24-242(a) Operating lawn care devices at unauthorized times or so as to create unreasonable noise Stop operation of lawn care device forthwith 1st 220 875 Y
2nd 440 1,750 Y
3rd 660 2,625 Y
24-242(b) Operation of leaf blower without muffler Stop operation of lawn care device forthwith 1st 220 875 Y
2nd 440 1,750 Y
3rd 660 2,625 Y
24-244(a) Unreasonable noise from sound reproduction device Cease operation of sound reproduction device forthwith 1st 440 1,750 Y
2nd 880 3,500 N
3rd 1,320 5,250 N
24-244(b) Unreasonable noise from sound reproduction device for commercial/bus. advert. Purposes Cease operation of sound reproduction device forthwith 1st 440 1,750 N
2nd 880 3,500 N
3rd 1,320 5,250 N
24-245 Failure to have operating certificate or tunneling permit Obtain permit forthwith 1st 1,050 2,625 N
2nd 2,100 5,250 N
3rd 3,150 7,875 N
24-257(b)(7) Breaking of Board ordered seal Cease tampering with seal - forthwith 1st 1,600 4,000 N
2nd 1,600 4,000 N
3rd 2,480 4,000 N
Admin. Code Title 24 Miscellaneous violation of Noise Control Code or Rules N/A 1st 220 875 Y
2nd 440 1,550 N
3rd 660 2,425 N
15 RCNY § 28-100 Failed To Conspicuously Post an Accurate and Complete Construction Noise Mitigation Plan (CNMP) Post complete Plan forthwith 1st 220 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
15 RCNY § 28-101(a) Failed To Self-Certify Equipment Maintenance in CNMP Certify equipment forthwith 1st 220 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
15 RCNY § 28-101(a) Failed to Exercise Noise Mitigation Option Within 5 Business Days of Construction Tool Exceeding Noise Standard Replace tool with equipment that complies with noise standard forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-101(b) Failed to Equip Construction Equipment with Noise Reduction Device Equip construction equipment with noise reduction device 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-101(c) Failed to Mitigate Noise From Internal Combustion Engine Mitigate noise from internal combustion engine forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-101(d) Failed to Cover Compressors / Generators / Pumps with Noise-Insulating Fabric Cover compressor with noise insulating fabric forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-101(g) Failed to Use Perimeter Noise Barriers Use noise perimeter barriers forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-101(h) Failed to Create and Utilize Noise Mitigation Training Program Create and utilize training program forthwith 1st 220 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
15 RCNY § 28-101(i) Failed to Coordinate Work Schedule with Sensitive Facility Receptor Coordinate work schedule forthwith 1st 220 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
15 RCNY § 28-101(j) Failure to Comply with CNMP or File Alternative Plan w/in 3 Days of Inspection Comply with CNMP or file Alternative Plan forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-101(l) Failed to Utilize Temporary Barrier Use temporary barrier forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-101(m) Failed to Utilize Noise Barrier on Sandblasting Perimeter Barrier Use noise barrier forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-101(o) Failed to utilize noise monitoring devices at specified construction sites Use noise monitoring device as specified forthwith 1st 560 875 Y
2nd 1,120 1,750 N
3rd 1,680 2,625 N
15 RCNY § 28-101(p) Failed to install or maintain noise monitoring device as specified Install or maintain device as specified 1st 220 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
15 RCNY § 28-102 (a)(1)(B)(ii) Failed to Use Specified Pile Driver When Working w/in 100 ft. of Receptor Use specified pile driver forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(1)(B)(iii) Failed to Equip Pile Driver w/Exhaust Muffler Equip pile driver with muffler forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(1)(B)(v) Failed to Pre-Augur / Pre-Trench Pile Holes Pre-augur / pre-trench holes forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(1)(B)(vi) Failed to Properly Secure Impact Cushions to Piles Secure cushions to piles forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(1)(C)(i)-(iv) Failed to Properly Construct Portable Noise Barrier Construct portable noise barrier forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(2)(B)(iii) Failed to Equip Jackhammer With Effective Muffler Equip jackhammer with muffler forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(2)(C)(i) Failed to Properly Construct Portable Noise Barrier Properly construct portable barrier forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(2)(C)(ii) Exceeded Maximum Height of 15 Feet for Free-Standing Barrier Reduce barrier height to 15 Feet forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(2)(C)(iii)(b) Failed to Use Multiple Tents for Multiple Jackhammers Use multiple tents forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(2)(C)(iii)(c) Failed to Move Noise Tents as Jackhammer Work Progresses Move tents forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(2)(C)(iii)(d) Failed to Use Double Layer of Mitigation During Emergency Jackhammering w/in 500 ft. of Residential Receptor Use double layer of mitigation forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(2)(C)(iii)(e) Failed to Use Tents on Either Side of Jackhammer Where Surrounded by Receptors Use tents forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(3)(B)(iii) Failed to Wrap Noise Shroud Around Head of Hoe Ram w/in 200 ft. of Receptor Use wrap shroud forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(3)(C)(i-iv) Failed to Properly Construct Portable Noise Barrier Construct proper noise barrier forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(4)(C)(i) Failed to Lay Heavy Rubber Blast Mats Over Blast Site Lay heavy mats forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (a)(4)(C)(ii-iii) Failed to Properly Construct Portable Noise Barrier Construct proper noise barrier forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (b)(1)(B)(iv) Failed to Cover Vac-Truck's Suction Component w/Noise-Reducing Enclosure Cover vac truck with noise reducing enclosure forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (b)(1)(C)(i-iv) Failed to Properly Construct Portable Noise Barrier Construct proper noise barrier forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (c)(1)(B)(ii) Failed to Install Bed Liner Install bed liner forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (c)(1)(B)(v) Failed to Equip Truck with Effective Muffler Equip truck with effective muffler forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (c)(1)(B)(vii) Failed to Keep Housing Doors Closed During Engine Operation Close housing doors during engine operation forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (c)(1)(C)(i)-(iii) Failed to Properly Construct Portable Noise Barrier Construct proper noise barrier forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (d)(1)(B)(v) Failed to Equip Crane with Effective Muffler Equip crane with effective muffler forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (d)(2)(B)(i) Failed to Equip Auger Drill Rig with Effective Muffler Equip auger drill with effective muffler forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (d)(2)(B)(ii) Failed to Lubricate All Moving Parts of Auger Drill Rig Lubricate all moving parts of auger drill forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (d)(2)(B)(iii) Failed to Properly Clear Debris From Drill Bits Clean all debris from drill bits forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (d)(2)(C)(i)-(iv) Failed to Properly Construct Portable Noise Barriers Construct proper noise barrier forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (d)(3)(A)(i) Failed to Properly Install Street Plates Properly install street plates forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (d)(4)(A)(i)(a)-(c) Failed to Equip Work Vehicles with Proper Backup Alarms Equip work vehicles with proper backup alarm forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (d)(4)(B)(ii)-(iv) Failed to Properly Construct Portable Noise Barriers Construct proper noise barrier forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (e)(1)(C)(i)-(iii) Failed to Properly Construct Portable Noise Barriers Construct proper noise barrier forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (e)(1)(C)(iv) Failed to Use Multiple Tents During Use of Multiple Concrete Saws Use multiple tents forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (e)(1)(C)(v) Failed to Move Noise Tent As Concrete Saw Work Progressed Move tents forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (e)(1)(C)(vi) Failed to Use Double Layer of Mitigation for Noise Barrier During Emergency Concrete Sawing within 500 ft. of Residential Receptor Use double layer of mitigation forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-102 (e)(1)(C)(vii) Failed to Use Two Tents on Either Side of Saw When Surrounded by Receptors Use two tents on either side of saw forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-104 Failed to File Alternative Noise Mitigation Plan (ANMP) File ANMP forthwith 1st 220 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
15 RCNY § 28-105 Failed to Conspicuously Post Utility Noise Mitigation Plan (UNMP) Conspicuously post UNMP forthwith 1st 220 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
15 RCNY § 28-106(a) Failed to Self-Certify Equipment Maintenance in UNMP Certify equipment forthwith 1st 220 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
15 RCNY § 28-106(a) Failed to Exercise Noise Mitigation Option within 5 Days of Construction Tool Exceeding Noise Standard Replace tool with equipment that complies with noise standard forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-106(b) Failed to Equip Construction Tool with Noise Reduction Device Equip tool with noise reduction device 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-106(c) Failed to Comply with Additional Noise Mitigation Measures for Specialized Vehicles Use additional noise mitigation measures for specialized trucks forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-106(d) Failed to Cover Equipment with Noise-Insulating Fabric Cover equipment with noise insulating fabric forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-106(h) Failed to Properly Install and Secure Street Plates Properly install street plates forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
15 RCNY § 28-106(i) Failed to Notify Residents within 200 Feet of Construction Activity Notify residents forthwith 1st 220 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
15 RCNY § 28-106(j) Failed to Respond to Noise Complaints/Notice from DEP Respond to notice forthwith 1st 220 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
15 RCNY § 28-106(l) Failed to Create and Utilize Noise Mitigation Training Program Create and utilize training program forthwith 1st 220 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
15 RCNY § 28-106(m) Failed to Coordinate Work Schedule with Sensitive Receptor Owner Coordinate work schedule forthwith 1st 220 875 Y
2nd 440 1,750 N
3rd 660 2,625 N
15 RCNY § 28-106(n) Failed to Correct Excessive Noise Condition/File ANMP Correct excessive noise and/or file ANMP forthwith 1st 440 875 Y
2nd 880 1,750 N
3rd 1,320 2,625 N
(Added City Record 2/22/2017, eff. 3/24/2017; amended City Record 5/8/2017, eff. 6/7/2017; amended City Record 9/5/2018, eff. 10/5/2018; amended City Record 10/20/2021, eff. 11/19/2021; amended City Record 2/17/2022, eff. 3/19/2022; amended City Record 11/18/2022, eff. 11/18/2022; amended City Record 12/16/2024, eff. 1/15/2025; amended City Record 2/28/2025, eff. 3/30/2025; amended City Record 5/1/2026, eff. 5/31/2026)
