Introduction 1653-2017 Noise Complaint Response Act

Date of Introduction: 
06/21/2017
Legislative Status: 
Plain English Summary: 

Under the legislation, following a noise complaint about construction or a commercial establishment the DEP would have to send an inspector within two hours or at a later date but within an hour of the time the original complaint was received. Which means that if you make a complaint about noise from a bar Friday at 9PM, DEP should send an inspector by 11PM. If they can’t, an inspector will be sent that Saturday or the following Friday at 9PM.

Legislative Text: 

A Local Law to amend the administrative code of the city of New York, in relation to responses to noise complaints

 

Be it enacted by the Council as follows:

 

Section 1. Subchapter 2 of chapter 2 of title 24 of the administrative code of the city of New York is amended by adding new sections 24-207.1, 24-207.2, 27-207.3 and 27-207.4 to read as follows:

§ 24-207.1 Inspections in response to after hours construction work noise. The department shall conduct inspections prior to 7 a.m. or after 6 p.m. in response to complaints of noise related to after hours construction work either (i) on the same day such complaint was received within 2 hours of the receipt of such complaint,  (ii) the next weekday within an hour of the time of the receipt of such complaint where such complaint was received on a weekday, (iii) the next weekend day within an hour of the time of the receipt of such complaint where such complaint was received on a weekend day, or (iv) the next week, on the same day of the week and within an hour of the time of receipt of such complaint.

§ 24-207.2 Inspections in response to weekend construction work noise. The department shall conduct inspections in response to complaints of noise related to weekend construction work either (i) within two hours of receiving such complaint, (ii) the next weekend day within an hour of the of the time of receipt of such complaint, or (iii) the next week, on the same day of the week and within an hour of the time of receipt of such complaint.

§ 24-207.3 Inspections in response to music or loud noise. The department shall conduct inspections in response to complaints of noise related to music or loud noise originating from or in connection with the operation of any commercial establishment or enterprise either (i) within two hours of receiving such complaint, (ii) prior to 4 a.m. if such complaint is received after 9 p.m, (iii) the next weekend day within an hour of the time of the receipt of such complaint where such complaint was received on a weekend day prior to 6 p.m., or (iv) the next weekday within an hour of the time of receipt of such complaint where such complaint was received on a weekday, or (iii) the next week, on the same day of the week and within an hour of the time of receipt of such complaint.

§ 24-207.4. Nothing under this section shall prevent the department from conducting additional inspections in addition to those mandated herein or invalidate any violation issued out of compliance with this section.

§ 24-207.5 Report on inspections. By no later than January 31 of each year, the department shall submit to the mayor and the council, and publicly post on its website, a report on department inspections in response to noise complaints, containing, at a minimum, for the previous calendar year:

(i) the number investigators employed by the department;

(ii) the number of complaints regarding noise received by the department, disaggregated by the type of noise;

(iii) the number of complaints responded to with an inspection within two hours, the following day, the following week, disaggregated by the type of noise;

                     (iv) the number of noise related violations issued;

                     (v) the number of such violations which were dismissed; and

                     (vi) the amount of civil penalties which were paid in response to such violations.

                     § 2. Subdivision (a) of section 24-267 of the administrative code of the city of New York is amended to read as follows:

(a) If the respondent fails or refuses to comply with the board's order, or the board otherwise deems it necessary, the corporation counsel for the city of New York, acting in the name of the city, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any order of the board or to provide such other relief as the court deems acceptable.

§ 3. This local law takes effect immediately.

[SS] LS #7788

1/5/17 2:03 p.m.

Post new comment

The content of this field is kept private and will not be shown publicly.
CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA
Enter the characters shown in the image.