Shhhh! Or Else / Council OKs hush-money bill to cut noise



By Robert Polner. STAFF WRITER




Meeting in cacaphonous chambers where some legislators shouted to
be heard, the City Council yesterday approved a bill that would boost
fines for excessive noise.
The measure, which Mayor Rudolph Giuliani plans to sign, would
continue the fine levels under the existing noise control law for
first-time offenders.
But under the bill, the fines would double the second time that
someone commits a particular offense, be it with a leaf blower, car
alarm, motorcyle, juke box or even a garrulous pet.
The fines would rise to three times their original amount for the
third and each ensuing noise violation within a two-year time span.
For car alarms that don't shut off after three minutes, for
instance, the first violation is a fine ranging from $175 to $700, and
$525 to $2,100 for the third offence. For pet noises, the first
violation means a fine of $45 to $175, and $135 to $525 for the third.
"New York City is never going to be a sleepy town where you hear
crickets chirping," said the bill's sponsor, Councilman A. Gifford
Miller (D-Manhattan). "But I think we can make it a little quieter, a
little saner, short of issuing ear plugs to all New Yorkers."
The bill, which was drafted jointly with the Giuliani
administration, was adopted as expected at City Hall yesterday by a vote
of 44-4, with one abstention.
The mayor has 30 days to hold a public hearing and sign it.
Supporters are hoping the bill will touch a chord with New Yorkers
fed up to their ears with noise pollution, a chronic feature of the
city.
Councilman John Sabini (D-Jackson Heights), for one, praised the
bill for out-maneuvering commercial establishments that gamely swallow
the current flat fine as a cost of doing business.
"Guess what," he said. "The cost of doing business is going up and
up."
Shouting, Anthony Weiner (D-Brooklyn) told fellow council members
of a "knucklehead" who let his car alarm blare near his home Thursday
night, adding, "You can't give that guy a fine large enough."
Opponents argued the bill would have little effect, blaming lack of
enforcement of existing laws for noise pollution.
"I don't think it's going to have any impact," said Bronx
Councilman Michael DeMarco, a Democrat, who voted for the bill anyway
because, "To vote against it is like saying you want noise to
continue."
Councilman Herbert Berman, a Brooklyn Democrat, voted no, saying the
fines would unfairly hurt unintentional offenders, such as owners of
watchdogs and of older car alarms that do not cut off automatically.
There are also penalties for bothersome pets - "dogs, cats,
birds," according to the council's summary.
"I've never heard of a loud cat," said Berman.
The city's Environmental Control Board has a 34-member inspection
team, which responds to complaints at least a day after a call and
determines fines.