URTO News
New Noise Code

After days of negotiations, the hospitality industry has come to a welcomed compromise with the Mayor and DEP over the new noise code. We have much to be proud of. We accomplished more than anyone thought we could. The new code reasonably balances residents rights to a peaceful night's sleep with our businesses rights to be fairly measured and inspected, with a new emphasis on compliance, not fines.
 
Here are the highlights provided by Rob Bookman, Counsel, NYNA:

1.The unacceptable "plainly audible" standard was removed. Music heard on the sidewalk--for the first time ever-- must now be metered and tested at least 15' from your storefront.

2. The new proposed vibration standard was removed.

3. When readings are taken in residential units, the apartments must be LEGAL residences.

4. There is a new hardship application provision which will act as a case-by-case grandfathering language. It will exempt establishments that can prove that compliance with the new code's standards cannot feasibly be met. It  will also cover zoning changes which brings new residential buildings into  currently non residential zones also making compliance unreasonable.

5. If inspectors arrive at busy times and want you to shut your sound 
system or a/c unit, you have the right to tell them to come back at a reasonabletime.

6. The new proposal to make businesses jointly liable with other businesses for multiple roof a/c units has been deleted. You are only responsible for your own units.

7. There is a cure provision for a first violation which allows you to make corrections, sound proofing, etc, rather than pay a fine. This does not 
exist in any other code nor does it exist in this code for any other  industry.

The Mayor and his people really met us more than half way. At the end of 
the day, as a result of all of us fighting hard, writing letters and emails,
making calls, showing up to the Council hearing  and negotiating even 
harder, we convinced the Council and the Mayor that we should be judged by objective, measurable standards.