The New York City Council - File #: Int 2435-2021

• File #: Int 2435-2021
• Version: *
• Name: Increasing penalties for excessive noise from speakers and motor vehicles.
• Type: Introduction
• Status: Filed (End of Session)
• Committee: Committee on Environmental Protection
• On agenda: 10/21/2021
• Title: 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
• Sponsors: Robert F. Holden, Kalman Yeger
• Council Member Sponsors: 2
• Summary: This bill would prohibit a motor vehicle owner from affixing a speaker to the exterior of a vehicle, and would impose a civil penalty of between $100-225 for a first violation, $150-400 for a second violation, and $200-575 for a third and any subsequent violation. This bill would also increase the civil penalties for creating an unreasonable noise from a personal audio device. The Police Department would also be required to tow a vehicle for any repeat offenses of these violations.

Date	Ver.	Prime Sponsor	Action By	Action	Result
12/31/2021	*	Robert F. Holden	City Council	Filed (End of Session)
10/21/2021	*	Robert F. Holden	City Council	Referred to Comm by Council
10/21/2021	*	Robert F. Holden	City Council	Introduced by Council

Int. No. 2435

By Council Members Holden and Yeger

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:

24-233(a)	[175] 225	[50] 100	[350] 400	[100] 150	[525] 575	[150] 200
24-233(b)(1)	[175] 225	[50] 100	[350] 400	[100] 150	[525] 575	[150] 200
24-233(b)(2)	[350] 400	[100] 150	[700] 750	[200] 250	[1,050] 1,100	[300] 350
24-233.1	225	100	400	150	575	200

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

JEF

LS #17968

10/14/2021