Pecunies is willing, he can talk to the witnesses about possible further action." Kegelman said, "I must confess, I had a question as to why they cited C and cited the readings they did." He added, "If Mr. “As to why took C-weighted readings rather than A,” Pecunies said, “as you know, 99 percent of the time, they do use the A scale.” (According to this source, C-weightings are used to measure peak or impact noise levels, such as gunfire.) The Administrative Law Judge, Scott Kegelman, asked why DEP used that subsection. He noted that a dBC violation under Section 24-231(a) requires an ambient noise level above 62, while in this case the notice said the ambient noise was 60dBC.ĭEP legal counsel Russell Pecunies did not oppose the motion. At that hearing, the attorney for the Barclays Center, Jeff Gewirtz, challenged the violation. On 4/15/13, I asked if arena operators would be fined for violating the city's noise code, as seemed obvious to many residents nearby the arena during the Sensation dance concerts last October?Īfter all, the DEP took a reading that seemed to indicate the noise was way over permissible limits-and filed a notice of violation, a replacement for an initial violation that was filed against the wrong party.Ī hearing on the proposed violation was scheduled for 4/2/13, then rescheduled for 4/16/13. This was filed under a different section of the noise code, Section 24-231(a)2, than the violation proposed for the Sensation show.Īs indicated at left, Section 24-231(a)2 imposes a fine on music in excess of 45 dB in any one-third octave band having a center frequency between 63 hertz and 500 hertz, which are low frequencies encompassing bass. Maybe the third time's the charm, since two previous efforts to impose noise violations against the Barclays Center were dismissed on technicalities.Īfter seeing proposed fines for noise violations during the Sensation dance concerts last October dismissed on technicalities, the city Department of Environmental Protection (DEP) has now proposed a $3200 fine against the Barclays Center operator (Brooklyn Events Center) for the 3/2/13 show of Swedish House Mafia.Īs the notice at right indicates, inspectors found readings of 55 dB, which is several times above the baseline of 45 dB, with an ambient reading of 40dB.Ī hearing is scheduled for 1:00 pm Tuesday April 30, at the Environmental Control Board (ECB), 66 John Street, 10th Floor, in Lower Manhattan.Īs I wrote at the time, another neighbor told me that the bass was even "louder than Sensation," the October dance show that was apparently twice as loud as permitted.
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