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New Rochelle, NY Noise Ordinances: Aircraft Noise (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing section
§ 213-12, Chapter 213 Article III
Standard applied
FAA Advisory Circular 36-1 certified noise levels
Enforcing agency
New Rochelle Police Department
Penalty
Up to $250 fine or 15 days jail
Adopted
4-13-1976, Ord. No. 95-1976
Relief permit
City Clerk permit for undue hardship, § 213-24

Summary

New Rochelle bars operating any aircraft in a way that violates the FAA's certified noise levels under Advisory Circular 36-1, folding federal aviation noise limits directly into the city's Noise Control Ordinance. The Police Department enforces Chapter 213 citywide, and any offense carries a fine of up to $250 or up to 15 days in jail, with each day of continued violation a separate offense.

No person shall operate, or permit to be operated, any aircraft so as to cause a violation of the Federal Aviation Administration's certified noise levels as presented in Advisory Circular 36-1 and/or in all future revisions and publications.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4601407; v60 updated 2025-12-02; through 12-02-2025).

Full Breakdown

" Unlike most of Article III, which sets its own decibel tables (motor vehicles over 10,000 pounds are capped at 86 db(A) under § 213-6, motorboats at 80 db(A) under § 213-10), aircraft get no locally set number. The ordinance instead incorporates whatever ceiling the FAA has certified, including any future revision to Advisory Circular 36-1, so the local standard moves automatically with federal aviation regulation rather than requiring a City Council amendment. Chapter 213 was adopted April 13, 1976 by Ordinance No. " Enforcement sits with the Police Department under § 213-26, which can order a person to cease and desist from a violation and, with a judicial order, seal the offending device.

Section 213-27 sets the penalty for any Chapter 213 offense at a fine of not more than $250 or imprisonment of not more than 15 days, or both, and treats every day a violation continues as a separate offense. A permit for relief from a noise standard on grounds of undue hardship can be sought from the City Clerk under § 213-24, though that hardship track is built for locally set limits like the vehicle and machinery tables, not a violation of a federal certification standard the city has simply adopted by reference.

Violations & Fines

Operating an aircraft that exceeds FAA-certified noise levels violates § 213-12 and is punishable under § 213-27 by a fine of up to $250, up to 15 days in jail, or both, with every day the violation continues charged as a separate offense. The Police Department may issue a cease-and-desist order under § 213-26, and can seal a noise-causing device once it obtains a judicial order authorizing the seizure.

Frequently Asked Questions

Does New Rochelle set its own decibel limit for aircraft?
No. Section 213-12 sets no local decibel figure for aircraft; it instead makes it unlawful to operate any aircraft in violation of the FAA's certified noise levels under Advisory Circular 36-1, so the standard automatically tracks whatever noise ceiling the federal government has certified, including future revisions to that circular.
Who enforces the aircraft noise rule?
The New Rochelle Police Department enforces § 213-12 along with the rest of Chapter 213 under § 213-26. Officers can order a person to cease and desist from a violation, and, once a judicial order is obtained, seal the device responsible for the noise.
What happens if someone is convicted of violating the noise chapter?
Section 213-27 sets the penalty at a fine of not more than $250, imprisonment of not more than 15 days, or both. Each day the violation continues counts as a separate offense, so a noise source left unaddressed can generate repeated charges rather than a single fine.
Can a hardship exception apply to the aircraft standard?
Section 213-24 lets someone apply to the City Clerk for a temporary relief permit from a Chapter 213 noise limit on grounds of undue hardship, with conditions and a schedule for installing abatement measures. That process is designed for locally set limits, not a violation of the federally referenced aircraft standard.

Sources & Official References

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