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New Yorkers to face the music

Thomas Garry
Deputy News Editor

Issue date: 1/26/06 Section: News>>City News
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New city regulations could change the way music fans appreciate their tunes.
Media Credit: PHOTO ILLUSTRATION IVAYLO GETOV/WSN
New city regulations could change the way music fans appreciate their tunes.
[Click to enlarge]
Students blasting the volume on their iPods while riding city transit may be subject to fines under a new city ordinance that went into effect on Jan. 1.

The new noise code, overwhelmingly approved by the city council in late December, is the first revision in 30 years and makes the use of any sound reproduction of any non-personal device with headphones a violation.

Under the new regulations, if another person five feet away can hear noisy headphones, the owner will be subject to fines ranging from $50 to $525. Fines start at $50 to $175 for the first violation, $100 to $350 for the second violation and $150 to $525 for the third and any following violations.

Steinhardt sophomore Amelia Kusar said that the new code violates the personal rights of music listeners.

"Although I do think it's obnoxious to hear other people's music, it's their right to blast out their ears," said Kusar, who owns an iPod. "You can't put laws on manners and etiquette."

Stern freshman Evelyn Cheng said that the code does not take ambient noise from subway cars or the hard-of-hearing into account.

"Some people don't realize they are playing it that loud," Cheng said. "Sometimes, I blast it and I don't realize it."

Theresa Shaw, an audiologist at NYU's School of Medicine, said that the effects of loud headphones are detrimental on students.

"Hearing loss does not happen overnight," Shaw said. "The damage won't happen until much later in life."

Shaw usually tells her patients to keep their earphones at a moderate level. "The rule of thumb is if a person next to you can hear it, then it's too loud," she said.

Though Stern freshman Angela Zhu owns an iPod, she said she still supports the ban.

"I think [the code] is fine because you are in a public space and it's really annoying to hear people's music," Zhu said. "I'm all for individual rights, but when it affects other people, I can't blame the city for doing something about it."

Some students said noise pollution is out of control.

"Something needs to be done to stop it," Steinhardt junior Tom Hennessey said. "It's like littering. Should we not fine people who litter?"

According to the ordinance, the stipulation is that music may not be audible 15 or more feet from the building. The code allows for a 20-second time window during noisy times to allow patrons to enter or leave the building. The bill may also have an effect on nightclubs and bars because it restricts the outside noise generated by commercial establishments.

Other noise level regulations include clauses in construction permits. According to the code, all non-emergency construction work must take place on weekdays between 7 a.m. and 6 p.m. and prohibits weekend work without a special permit.

Parts of the bill are currently under investigation by a peer review panel independent of the Department of Environmental Protection. The panel will consist of acoustic experts that will consult with the city on the implementation of new rules.

Nevertheless, GSAS student Celine Clerfeuille finds the regulations too strict for a major city.

"I do get annoyed sometimes, but I wouldn't fine them," Clerfeuille said. "Everyone makes noise. Whether if they are talking or a child is screaming, its just part of the New York noise experience."

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