Promulgation of Noise Code Penalty Schedule
Proposed Rules: Closed to Comments
Statement of Basis and Purpose of Proposed Rule
DEP is proposing a new rule to be found at Title 15 of the Rules of the City of New York (RCNY) Chapter 47, to establish penalties for violations of Title 24, Chapter 1 of the New York City Administrative Code, also known as the Noise Control Code (Noise Code) as amended by Local Law 72 of 2016 (LL 72), as well as violations of 15 RCNY Chapter 28, which governs noise from construction. The proposed rules are authorized by section 1043 of the Charter of the City of New York and sections 24-204 and 24-257 of the Noise Code.
LL 72 amends section 24-218 of the Noise Code by adding a new subdivision (a-1) applying to unreasonable noise violations committed in a commercial context or in certain cases by building owners. The law also amends section 24-257 to change the penalty range for a first offense of section 24-218(a) to $75 to $150, the civil penalty for a second offense within two years to $150 to $250, and the civil penalty for a third offense within two years to $350 to $500. The current penalties for unreasonable noise will now be applicable to violations of section 24-218(a-1).
The current Noise Code Penalty Schedule, which is located in the rules of the Office of Administrative Trials and Hearings (OATH) at 48 RCNY § 3-115, is not being changed, other than the changes required by LL 72 as described above. OATH will repeal the existing penalty schedule from its rules on the same day that this proposed rule takes effect.
Although OATH ECB is empowered to impose penalties under the New York City Charter and has promulgated penalty schedules, the enforcement agencies have the expertise to recommend appropriate penalties based on the severity of each violation and its effect on City residents. Moving the penalty schedule will also make it easier for the public to find the penalties, which will be located within the same chapter as the rules supporting the violations alleged in the summonses. Finally, the proposed rule relocation will speed up the rulemaking process by eliminating the need for board approval of penalties that have already been established by the legislature or that have already undergone the City Administrative Procedure Act (CAPA) process by the enforcement agency.
Working with the City’s rulemaking agencies, the Law Department, the Mayor’s Office of Management and Budget, and the Mayor’s Office of Operations conducted a retrospective rules review of the City’s existing rules, identifying those rules that will be repealed or modified to reduce regulatory burdens, increase equity, support small businesses, and simplify and update content to help support public understanding and compliance. The proposed repeal of 48 RCNY §3-115 was identified as meeting the criteria for this initiative.
Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 47.