(a) The following are prohibited:
(1) Operating motorized equipment or machinery such as an electric generating plant, motor vehicle, motorized toy, or an audio device, such as a radio, television set, tape deck or musical instrument, in a manner: (i) That exceeds a noise level of 60 decibels measured on the A-weighted scale at 50 feet; or, if below that level, nevertheless; (ii) makes noise which is unreasonable, considering the nature and purpose of the actor's conduct, location, time of day or night, purpose for which the area was established, impact on park users, and other factors that would govern the conduct of a reasonably prudent person under the circumstances.
(2) In developed areas, operating a power saw, except pursuant to the terms and conditions of a permit.
(3) In nondeveloped areas, operating any type of portable motor or engine, or device powered by a portable motor or engine, except pursuant to the terms and conditions of a permit. This paragraph does not apply to vessels in areas where motor boating is allowed.
(4) Operating a public address system, except in connection with a public gathering or special event for which a permit has been issued pursuant to § 2.50 or § 2.51.
(b) Violation of the terms and conditions of a permit issued in accordance with section is prohibited and may result in the suspension or revocation of the permit.
Notes of Decisions
Deegan v. City of Ithaca, 444 F.3d 135 (2d Cir. 2006).
“Circuit distinguished the level of quiet that could be legitimately justified in a public forum like Lafayette Park, which is a "primary assembly point for First Amendment activity aimed at influencing national policy" and is "exposed to every form of urban commotion.”
United States v. Jane Doe, A/K/A Diane Nomad, 968 F.2d 86 (D.C. Cir. 1992).
“” 36 C.F.R. § 2.12 (a)(1)(i) (1991). A police officer utilizing a sound meter with an A-weighted scale found the noise level in the park to exceed 70 decibels measured from two different locations, one 54 feet away and one 74 feet away from the chanting and drumming protestors.”
Deegan v. City of Ithaca, 444 F.3d 135 (2d Cir. 2006).
“Circuit distinguished the level of quiet that *144 could be legitimately justified in a public forum like Lafayette Park, which is a “primary assembly point for First Amendment activity aimed at influencing national policy” and is “exposed to every form of urban commotion.”
— 36 C.F.R. § 2.12(a)(1)(i) — 1 case
Deegan v. City of Ithaca, 444 F.3d 135 (2d Cir. 2006).
“Circuit distinguished the level of quiet that could be legitimately justified in a public forum like Lafayette Park, which is a "primary assembly point for First Amendment activity aimed at influencing national policy" and is "exposed to every form of urban commotion.”
— 36 C.F.R. § 2.12(a)(l)(i) — 1 case
Deegan v. City of Ithaca, 444 F.3d 135 (2d Cir. 2006).
“Circuit distinguished the level of quiet that *144 could be legitimately justified in a public forum like Lafayette Park, which is a “primary assembly point for First Amendment activity aimed at influencing national policy” and is “exposed to every form of urban commotion.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.