Prohibited Noise Specific Noise Sources – Sound Level Standard

NYC Admin. Code tit. 24, ch. 2, subch. 5

in effect

NYC Admin. Code § 24-225 Refuse collection vehicles.

§ 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.

NYC Admin. Code § 24-226 Air compressors.

§ 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.

NYC Admin. Code § 24-227 Circulation devices.

§ 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 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. (d) There shall be no civil penalty imposed for a first violation of this section if, within 30 days after the issuance of the notice of violation for such violation, or, if applicable, within any additional time granted by the commissioner pursuant to 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, and the commissioner accepts such certification of compliance. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations of this section. If completion of such certification as prescribed in the rules of the department cannot be accomplished within 30 days after the issuance of the violation, the respondent may apply to the commissioner for additional time to submit an appropriate certification of compliance, but not more than 30 days. The respondent shall submit such application for additional time to the commissioner within 30 days after the issuance of the violation along with an admission of liability and appropriate documents demonstrating that the remediation process has begun. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113, L.L. 2013/153, and L.L. 2021/080.

NYC Admin. Code § 24-228 Construction devices.

§ 24-228 Construction 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. (3) Sound that exceeds the decibel levels set forth in subdivision (d) of section 24-223 during the time that an after hours authorization is required to be in effect. (4) Sound attributable to the source that is 10 dB(A) above the ambient sound level, on or after 7:00 a.m. and before 10:00 p.m., as measured in any residential receiving property dwelling unit with windows and doors that may affect the measurement closed. (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. (Am. L.L. 2018/053, 1/17/2018, eff. 4/30/2018; Am. L.L. 2024/004, 1/6/2024, eff. 5/5/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113 and L.L. 2018/053.

NYC Admin. Code § 24-228.1 Exhausts.

§ 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.

NYC Admin. Code § 24-229 Containers and construction material.

§ 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 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.

NYC Admin. Code § 24-230 Paving breakers.

§ 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. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113.

NYC Admin. Code § 24-231 Commercial music.

§ 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) There shall be no civil penalty imposed for a first violation of subdivision (a) of this section or of any variance granted by the commissioner in accordance with subdivision (d) of this section if, within 30 days after the issuance of the notice of violation for such violation or, if applicable, within the time granted by the commissioner pursuant to this paragraph, 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, and the commissioner accepts such certification of compliance. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations of this section. If completion of such certification as prescribed in the rules of the department cannot be accomplished within 30 days, the respondent may apply to the commissioner for additional time to submit an appropriate certification of compliance, but not more than 30 days. The respondent shall submit such application for additional time to the commissioner within 30 days after the issuance of the violation along with an admission of liability and appropriate documents demonstrating that the remediation process has begun. (2) Nothing in this subdivision shall be construed to prohibit enforcement personnel from issuing additional notices of violation, summonses or appearance tickets where sound levels exceed the limits set forth in subdivision a of this section during the periods of time set forth in paragraph one 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. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113 and L.L. 2021/080.

NYC Admin. Code § 24-232 Allowable decibel levels-octave band measurement.

§ 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 property as specified therein. Octave Band Maximum Sound Pressure Levels (dB) as measured within a receiving property as specified below Frequency (Hz) Residential receiving property 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, if possible). 31.5 70 74 63 61 64 125 53 56 250 46 50 500 40 45 1,000 36 41 2,000 34 39 4,000 33 38 8,000 32 37 (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. (g) There shall be no civil penalty imposed for a first violation of this section or any rules promulgated pursuant to this section if, within 30 days after the issuance of the notice of violation for such violation, or, if applicable, within any additional time granted by the commissioner pursuant to 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 showing that (i) permanent improvements or modifications have been made, including but not limited to the installation of appropriate sound insulation, isolators, suspension mounting and/or sound mitigation devices or materials, as applicable; and (ii) appropriate sound measurements taken in accordance with the department's rules substantiate that the applicable commercial or business enterprise is in full compliance with the sound levels set forth in this section, and the commissioner accepts such certification of compliance. Such violation may nevertheless serve as a predicate for purposes of imposing penalties for subsequent violations. If completion of such certification as prescribed in the rules of the department cannot be accomplished within 30 days, the respondent may apply to the commissioner for additional time to submit an appropriate certification of compliance, but not more than 30 days. The respondent shall submit such application for additional time to the commissioner within 30 days after the issuance of the violation along with an admission of liability and appropriate documents demonstrating that the remediation process has begun. (Am. L.L. 2021/080, 7/18/2021, eff. 11/15/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/113 and L.L. 2021/080.

NYC Admin. Code § 24-232.1 Wind turbines.

§ 24-232.1 Wind turbines. No person shall cause or permit operation of a small wind turbine, as such term is defined in section 3113.2 of the New York city building code, or a large wind turbine as such term is defined in section 3114.2 of the New York city building code, so as to create a sound level in excess of 5 db(A) above the ambient sound level, as measured at the property line or at an elevated receptor of the property containing the nearest occupied building. (L.L. 2018/105, 5/26/2018, eff. 11/22/2018; Am. L.L. 2019/098, 5/19/2019, eff. 11/15/2019)

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-226656Fetched: 10/24/2026