“Citizen Bounty Hunters” Exploit Ambiguous Noise Regulations to Profit from Small Businesses

A group of self-appointed “noise police” in New York City has found a lucrative side gig by issuing summonses to bars and restaurants for alleged violations of the city’s noise pollution regulations. These civilian enforcers, commonly referred to as “bounty hunters,” can earn a significant percentage of the fines levied against businesses accused of using outdoor sound systems to attract customers.

One of the most prolific ticket writers, Dietmar Detering from Queens, claims to have issued 500 noise complaints, totaling over $600,000. However, he refuses to disclose his personal earnings from these complaints. The growing number of violations has sparked outrage among bar owners, who have been caught off guard by notices from the Department of Environmental Protection (DEP), one of the agencies responsible for handling noise complaints.

Mario Arcari, owner of Mercury Bar in Hell’s Kitchen, is facing over $33,000 in fines stemming from seven summonses issued by civilian enforcer Eric Eisenberg. Eisenberg alleged that a television in the bar’s outdoor seating area was playing loud sound, violating noise regulations. However, Arcari claims he was never notified about the complaints until May, months after they were made. This lack of communication has left business owners frustrated and blindsided by the fines imposed on them.

The use of civilian enforcers has caused confusion due to the ambiguous language of the ordinance. The law prohibits businesses from playing amplified music “for advertising purposes or to attract attention.” However, the interpretation of what constitutes a violation is subjective and open to different interpretations. Many businesses argue that they have been unfairly targeted, with noise complaints being filed for music that can be heard from inside their establishments.

In response to the outcry from businesses, DEP Commissioner Rohit Aggarwala condemned the actions of these “bounty hunters,” accusing them of abusing the system for personal profit. City Council member James Gennaro has also expressed his concerns and plans to introduce legislation to reform the ordinance, eliminating the profit motive behind citizen-issued noise summonses.

Even organizations that have previously advocated for stronger noise regulations are now siding with the affected businesses. The Natural Resources Defense Council urged the City Council to draft legislation protecting restaurants and bars from overzealous enforcement.

As the issue gains attention, there is a growing recognition that the current system is flawed and susceptible to abuse. Reforms are necessary to strike a balance between addressing legitimate noise concerns and protecting small businesses from excessive fines imposed by profit-driven civilian enforcers.