Int. No. 1355

By Council Members Holden and Louis

A Local Law to amend the administrative code of the city of New York, in relation to creating stricter noise requirements for open-air stadiums and establishments that use sound devices or apparatus

Be it enacted by the Council as follows:

Section 1. Subdivision g of section 10-108 of the administrative code of the city of New York, as amended by local law number 13 of the year 1996, is amended to read as follows:

g.   Special restrictions. The police commissioner shall not issue any permit for the use of a sound device or apparatus:

1. In any location within five hundred feet of a school, courthouse or church, during the hours of school, court or worship, respectively, or within five hundred feet of any hospital or similar institution;

2. In any location where the commissioner, upon investigation, shall determine that the conditions of vehicular or pedestrian traffic or both are such that the use of such a device or apparatus will constitute a threat to the safety of pedestrians or vehicular operators;

3. In any location where the commissioner, upon investigation, shall determine that conditions of overcrowding or of street repair or other physical conditions are such that the use of a sound device or apparatus will deprive the public of the right to the safe, comfortable, convenient and peaceful enjoyment of any public street, park or place for street, park or other public purposes, or will constitute a threat to the safety of pedestrians or vehicle operators;

4. In or on any vehicle or other device while it is in transit;

5. Between the hours of ten p.m. and nine a.m.; [or]

6. Between the hours of eight p.m. or sunset, whichever is later, and nine a.m. on weekdays and between the hours of eight p.m. or sunset, whichever is later, and ten a.m. on weekends and public holidays, in any location within fifty feet of any building that is lawfully occupied for residential use. The distance of fifty feet shall be measured in a straight line from the point on the exterior wall of such building nearest to any point in the location for which the permit is sought[.] ; or

7. When the applicant for such permit has one or more finally determined uncorrected violations, or unpaid fines or penalties, related to sections 10-108, 24-218, 24-231, and 24-244 or any rules promulgated thereunder.

§ 2. Subdivision (d) of section 24-231 of the administrative code of the city of New York, as added by local law number 113 of the year 2005, is amended to read as follows:

(d) (1) 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.

(2) Notwithstanding paragraph (1) of this subdivision, the commissioner shall not grant a variance to any commercial establishment, or enterprise that operates an open-air stadium, theater, or field used for performances or events, located within 100 feet of a residential zoning district.

(3) 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.

(4) 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. Upon a final determination by the department, after notice and an opportunity to be heard, any active variance shall expire on December 31, 2026, if such active variance was: i) previously granted to either a commercial establishment or an enterprise that operates an open-air stadium, theater, or field used for performances or events; and ii) for a location within 100 feet of a residential zoning district.

(5) Violation of the conditions of any variance shall be deemed to be a violation of this section.

§ 3. The rows in table I in paragraph (5) of subdivision (b) of section 24-257 of the administrative code of the city of New York, beginning 24-231(a) and 24-231(d), as amended by local law number 80 of the year 2021, are amended to read as follows:

Table I

                     § 4. This local law takes effect immediately, except that table I in paragraph (5) of subdivision (b) of section 24-257 of the administrative code of the city of New York, as amended by section three of this local law, takes effect 120 days after it becomes law.

NNB

LS #19592, 19955, 19956, 19957

7/25/25 10:06 AM