Amplified music rules in New York, NY — also called sound permit, PA system, or live music ordinances — set decibel limits, time-of-day restrictions, and when permits are required.
Under Admin. Code Sec. 24-231, music from a commercial establishment may not exceed 42 dB(A) measured inside any nearby residential dwelling unit, nor 45 dB in any one-third octave band between 63 and 500 hertz (the bass standard). Separately, Sec. 24-244 bars operating any sound-reproduction device so as to create unreasonable noise or for street advertising.
The Noise Code regulates amplified and commercial music through two key sections. Section 24-231 ('Commercial music') prohibits any person from making, causing, or permitting music originating from or in connection with a commercial establishment (bars, restaurants, clubs, hotels) when the sound attributable to that music, measured inside any receiving-property dwelling unit, exceeds 42 dB(A), or exceeds 45 dB in any one-third octave band having a center frequency between 63 and 500 hertz. DEP's guidance adds that, measured on a street or public right-of-way 15 feet or more from the source between 10:00 p.m. and 7:00 a.m., commercial-establishment sound may not exceed 7 dB over ambient, and pervasive bass is weighted on the 'C' scale (not to exceed 6 dB(C) above ambient where ambient exceeds 62 dB(C)). Section 24-244 ('Sound reproduction devices') separately prohibits operating any sound-reproduction device (speakers, stereos, boom boxes) so as to create unreasonable noise, except where a permit has been issued under Sec. 10-108, and broadly bars using such devices for commercial advertising on streets, sidewalks, vehicles, stands, aircraft, or boats. As a compliance incentive, the Commissioner may recommend no penalty for a first commercial-music offense if the establishment corrects the condition and certifies the fix within 30 days.
Commercial-music violations are issued by DEP/NYPD and adjudicated at OATH/ECB. The Commissioner may recommend no civil penalty for a first Sec. 24-231 violation if, within 30 days, the respondent admits liability and certifies that permanent improvements bring the establishment into compliance; uncorrected or repeat violations carry escalating civil penalties and can result in sealing of the sound equipment.
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