Court Rejects Constitutional Challenge To New York City's Noise Ordinance

The next time you fire off that cannon you have in New York City, realize that you may have no constitutional right to do so. At least that is what the First Department determined yesterday in Harlem Yacht Club v New York City Envtl. Control Bd., 2007 NY Slip Op 04053 in a challenge to NYC's noise ordinance (Administrative Code of City of NY, § 24-218). The Harlem Yacht Club had fired its cannon at sundown each day during the boating season to alert its members and guests that the flag on the club's grounds was about to be lowered so that they could stand and show respect. Neighbors complained about the noise, resulting in the issuance of violations of the City's ordinance against unreasonable noise, for which fines were imposed. The City's noise ordinance bans "unreasonable noise," which is defined as "any excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal sensitivities, injures or endangers the health or safety of a reasonable person of normal sensitivities or which causes injury to plant or animal life, or damage to property or business" (Administrative Code § § 24-218, 24-203[62]).

In rejecting the Yacht Club's constitutional challenge, the Court found that the ordinance was content neutral and that the City met its burden of demonstrating that the ordinance was enacted to further a substantial governmental interest in protecting its citizens from unwelcome noise and was narrowly tailored to achieve that goal. The Court also found that the Yacht Club was not without alternative means of communication, as the ordinance did not impose a complete ban on the firing of a cannon; it only did so at certain decibel levels. The Court indicated that the Yacht Club could still have shown respect for the flag by firing the cannon at lower sound levels [The Court also rejected the Yacht Club's argument that the ordinance was impermissibly vague].

So, if you do fire off that cannon, put a muffler on it, and you should be ok.

Comments

[Todd]

I believe the overriding principle of liberty as it pertains to noise and the mitigation thereof is found in the words of the famous utilitarian John Stuart Mill. In _On_Liberty_, he wrote:

"The liberty of the individual must be limited thus far: he must not make himself a nuisance to other people."

Thank you for allowing me to post.