the noise on carmine street

How to Complain I - Call 311

2010-04-30T09:18:00.000-07:00

According to the New York City Noise Code, the Department of Environmental Protection (DEP) and the 6th Precinct, we do not have to tolerate our current situation. Our best defense, at this time, is to call 311 and report the disturbances.

The complaints will be logged and sent to our local precinct as a non-emergency. As these calls are labeled a non-emergency, we cannot expect the police to remedy the situations immediately. What we can expect is that these complaints are brought to the attention of the necessary and various city agencies.

To file a noise complaint via 311 is not complicated. We have prepared a walk through to make things easier, in case you haven't called 311 before.

Click here: How and when to file a noise complaint against a business by calling 311

The 6th Precinct Community Board Meeting // April 28th 2010

2010-04-29T20:15:00.000-07:00

We want to thank everyone who came to the meeting last night. Carmine Street had a strong showing. Most of the issues dealt with noise from bars/restaurants and the residents had a lot to say. A summary of the meeting will be posted on this site within the next days.

If you were not able to attend, there is an audio clip below.

You can also download the file by clicking [ here ] (right click, save as].

The Noise Problem on Carmine Street

2010-04-27T23:43:00.000-07:00

WHAT IS THE PROBLEM?

The noise levels on Carmine Street have escalated to a point where our peace of mind, quality of life and a good nights rest are being negatively affected.

WHAT DOES THAT MEAN?

Four years ago, Carmine Street was relatively quiet in evenings. You were able to come home from a hard day’s work and relax. Now, with the current noise level, that is impossible.

It starts in the early evening. The bars/restaurants open their doors then loud music and conversation spills into the street. As the bars/restaurants fill up, the noise level rises significantly. Even after they close their doors, the problem continues.

The smokers extend their loud partying atmosphere onto the sidewalk. They are usually pretty drunk and therefore cannot understand that they are disturbing the (residents') peace. The rotation of smokers continues all through the night and each group usually contains a screamer.

When the bars/restaurants close, the last guests hang out in front, unsure where to go or to wait for a cab. This can take up to 30 minutes of yelling back and forth from the departing groups. If they cannot reach a decision, the benches in front of these establishments will serve as their destination before going home.

At this time, the garbage trucks arrive. It seems as though every establishment has their own service, so it could take some time before that ends.

When the last garbage truck finishes, we then are confronted with the patrons from surrounding area bars that closed at 4AM. They tend to gravitate to those same benches and the cycle of screaming, singing and loud talking resumes.

And just when you thought you finally can get some sleep, in comes the armada of delivery trucks. Most leave their engines idling while parked. We are subjected to slamming metal doors, beer kegs being dropped on the street and yelling between the truckers and restaurant/bar workers.

The above is an accurate description of what many Carmine Street residents have to deal with.

WHAT IS THE CAUSE?

a) Open door policy:
   The noise from the bars is so loud that it seems as though the party is taking place in front of your window.

b) Unruly and inconsiderate patrons in front of the restaurants:
   It is understandable that people can get loud outside of bars. One has to wonder why the patrons feel the need to talk loud/scream out on the sidewalk. The answer on Carmine Street is - because they can. The managers of these bars do nothing to limit the unnecessary noise from their customers.

c) Lack of repercussion:
   There is no sense of responsibility from the restaurant/bar owners. Their lack of action shows a complete disregard for the residents.

HOW DOES IT AFFECT US?

The escalated noise levels are disturbing the peace on Carmine Street. Many of us are exhausted, stressed and frustrated with the current situation. We are being deprived of our sleep and feel that our quality of life has seriously deteriorated within the last 2 years. For more information on what excessive noise does to your health, click here.

WHAT WOULD RESOLVE THE SITUATION?

a) If your restaurant/bar has a loud atmosphere, the doors should be closed.

b) Clearly visible signs should be posted that inform patrons to respect the neighbors and control the volume of their voices.

c) Management must control the crowds/groups in front of their establishments. It should not be that residents have to ask these patrons to lower their voices and then be responded to with obscenities.

d) Outdoor benches should be removed at closing.

e) Faster and harsher response from the NYPD and the DEP.

We have no problem with people enjoying themselves on a night out, but it shouldn't be at our expense. There are a few venerable restaurants on this street that have served the neighborhood well. These restaurants have always displayed respect for the community. Some of the newer establishments clearly have not.

If you are affected by this, please get involved before our block loses its identity.

The time to act is now.

The New York City Noise Code Guide

2010-04-25T16:24:00.000-07:00

The new noise code gives residents many options to determine what type of noise we don't have to tolerate. A detailed post on the entire thing will follow soon, until then it is recommend to read the city's noise code guide.

A few things from the guide that are very interesting:

Page 3 - Sounds of the City

- Estimated decibel levels of Normal Conversation/Laughter - 50-65 db (one wonders how much higher the loud conversations in front of the bars really are).

Page 13 - Music from Bars and Restaurants

"Commercial establishments that play music must limit the level of unreasonable or disturbing noise that escapes into the streets or nearby residences."

"Sound levels may not exceed 42 decibels as measured from within nearby residences OR may not exceed 7 decibels over the ambient sound level, as measured on a street or public right-of-way 15 feet or more from the source, between 10:00 pm and 7 am."

View the full New York City Noise Code Guide.

[ By clicking on the link, a .pdf file will appear in your browser window. If you want to download the file, please right-click on the link, then click "save as". ]

Disturbing The Peace - What does that mean?

2010-04-25T15:38:00.000-07:00

A simple Google search brought up this:

"The following is an example of a state statute dealing with disturbing the peace:

Elements of Disturbing the Peace: It shall be unlawful for any person to:

1. Make, continue, maintain or cause to be made or continued any excessive, unnecessary, unreasonable or unusually loud noise or any noise in such manner as to annoy, offend, disturb, injure or endanger the comfort, repose, health, peace or safety of any reasonable person of normal auditory sensitivity residing in the area.

2. Use, operate or permit the use or operation of any electronic device, radio receiving set, television, musical instrument, phonograph or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of any reasonable person of normal auditory sensitivity inhabiting the area.

3. Congregate because of, participate in or be in any party or gathering of people from which sound emanates of a sufficient volume so as to disturb the peace, quiet or repose of any reasonable person of normal auditory sensitivity residing in any residential area. No person shall visit or remain within any residential dwelling unit wherein such party or gathering is taking place except persons who have gone there for the sole purpose of abating said disturbance. A police officer may order all persons present in any group or gathering from the dwelling unit to immediately disperse in lieu of being charged under this Section."

Read the full text by clicking here: [ USLegal.com ]

The 6th Police Precinct Community Meeting on April 28

2010-04-24T19:11:00.000-07:00

If you have any concerns about the noise levels on Carmine Street, please attend the 6th Police Precinct Community Meeting to address the issue. With the warm weather approaching, the noise level will only escalate.

6th Police Precinct Community Meeting

Wednesday, April 28, 2010 7:30pm

Our Lady of Pompeii Church - Father Demo Hall

(Entrance on southwest corner of Bleecker Street)

The Deputy of the 6th Precinct will be present. It is important that you attend to voice your concerns.