Owners of several New York City bars, restaurants, and shops say they are fed up with an avalanche of city summonses for noise violations. But these tickets are not being written by city employees, they’re being written and filed by civilians.
Court records from the NYC Office of Administrative Trials and Hearings and obtained by the NBC New York I-Team show, as of April 30, Detering had 560 noise tickets filed in the city’s system for tracking civil violations. The total fines imposed from those tickets was in excess of $600,000. But many of Detering’s tickets have yet to be recorded in court records.
“They’re not cheap violations,” said Theresa Burke-Sigler, who manages the Pig N’ Whistle, also on West 48Street. “I’m looking at a minimum of $8,000 [in fines] and a max of $33,000. That’s a lot of money for one business!” Yarin Nadel said he believes the ticketing pattern has had a discriminatory impact on his cell phone shops which have attracted multiple tickets from Detering.But Detering takes issue with any claim his issuance of summonses is discriminatory. Indeed, he says he is sticking up for predominantly minority communities where language barriers might prevent people from complaining about noise.
“The New York City noise code was created to balance our important reputation as the vibrant city that never sleeps, with the needs of those who live and work here,” said Rohit Aggarwala, the DEP Commissioner. “It’s disappointing that a small group of people are instead abusing the system to terrorize local businesses for personal profit under the pretense of protecting the environment.”
Detering says the city’s administrative law judges appear to agree with him. Of the approximately 200 of his summonses that have been challenged in court, Detering says he’s lost just 27 cases. Additionally, the DEP would like to see a rule requiring businesses be served with one summons before additional summonses can be field against it.
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