Int. No. 161

By Council Members Holden, Restler, Yeger, Dinowitz, Schulman, Richardson Jordan, Ung and Ariola

A Local Law to amend the administrative code of the city of New York, in relation to increasing penalties for excessive noise from speakers and motor vehicles

Be it enacted by the Council as follows:

Section 1. Section 24-233 of the administrative code of the city of New York is amended by adding a new subdivision (d) to read as follows:

(d) A motor vehicle shall be towed and retained by the police department for a second or any subsequent violation of this section, and shall be released to the motor vehicle owner upon payment of the associated civil penalty set forth in section 24-257.

§ 2. Subchapter 6 of chapter 2 of title 24 of the administrative code of the city of New York is amended by adding a new section 24-233.1 to read as follows:

§ 24-233.1 Affixing audio output devices to motor vehicles prohibited. (a) Definitions. As used in this section, the term “audio output device” means any device that can receive and process an audio signal for the purpose of playing sound.

(b) Prohibition. No motor vehicle owner shall affix an audio output device to the exterior of the motor vehicle or permit an audio output device to be affixed to the exterior of the motor vehicle.

(c) Enforcement. (1) Notice of violation. A motor vehicle owner shall be issued a notice of violation pursuant to section 24-259 for violations of this section.

(2) Hearing. A motor vehicle owner may contest allegations of violations contained in a notice of violation issued pursuant to this section and request a hearing in a written response to such notice. Such written response shall be in a form prescribed by the board and shall be served upon the department and filed with the board within 5 days of receipt of a notice of violation. The department shall hold a hearing for a motor vehicle owner to contest allegations of violations contained in a notice of violation within 10 days after a request for a hearing has been made.

(3) Penalties. A motor vehicle owner who violates any provision of this section shall be liable for a civil penalty of not more than $225 and not less than $100 for a first violation, not more than $400 and not less than $150 for a second violation, and not more than $575 and not less than $200 for a third and any subsequent violation. A motor vehicle shall be towed and retained by the police department for a second or any subsequent violation of this section, and shall be released to the motor vehicle owner upon payment of the associated civil penalty set forth in section 24-257.

§ 3. The rows beginning 24-233(a), 24-233(b)(1) and 24-233(b)(2) of table 1 of paragraph 5 of subdivision b of section 24-257 of the administrative code of the city of New York, as amended by local law number 80 for the year 2020, are amended and a new row 24-233.1 is added to read as follows:

§ 4. This local law takes effect 30 days after it becomes law.

Session 12

ARP

LS # 6206

3/25/22

Session 11

JEF

LS #17968

Int. No. 2435-2021