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The following are news releases from the NYC Parks Advocates:

Bloomberg and Markowitz Attempt To Change Law

Meant To Protect Religious Services, Schools, Courthouses, and Hospitals

Legislation Would Allow Concerts In Asser Levy Park Ahead of Lawsuit

The fast-tracked bill, sponsored by Queens Council member Peter Vallone at Bloomberg's request, comes on the heels of a lawsuit filed last week to enforce a long-time law prohibiting amplified sound within 500 feet of religious institutions, schools, hospitals, schools and courthouses. The Brooklyn Supreme Court will hear the case on June 30, the same day the bill is scheduled to be voted on by the full Council. The proposed amendment is a clear end-run around the existing law.

Currently the law forbids amplified concerts within 500 feet of a house of worship or a school. But Bloomberg and Brooklyn Borough President Marty Markowitz want to build a $64 million, eight thousand seat amphitheater in Asser Levy/Seaside Park, right across the street from Sea Breeze Jewish Center and Temple Beth Abraham. In violation of the law, these concerts have coincided with the hours of worship of Plaintiff Congregation Sea Breeze Jewish Center and with the hours of worship of Plaintiff Congregation Temple Beth Abraham. The two synagogues are approx. 300 feet away.

A lawsuit was filed last Thursday, June 17, in Brooklyn Supreme Court seeking to prevent the City of New York and Brooklyn Borough President Marty Markowitz from violating the NYC Law. Mr. Markowitz sponsors an annual concert series in Asser Levy/Seaside Park, in Brighton Beach Brooklyn.

The suit is brought against defendants the City of New York and Brooklyn Borough President, Martin Markowitz, with regard to the violation of Title 10, Chapter 1, Section 10-108 (g) of the New York City Administrative Code, and Title 38, Chapter 8, Section 8-06 of the Rules and Regulations of the City of New York (together, the “Code”), which prohibit the use of electronic sound amplification equipment at any location within 500 feet of houses of worship during hours of worship. Plaintiffs are directly and adversely affected by the Defendants’ annual operation of the Parks Department band shell in Asser Levy Park, which comes within 500 feet of Plaintiffs’ houses of worship, as a concert and event venue using electronic sound amplification equipment.

Electronic sound amplification equipment is used during the concerts in addition to sound-checks and rehearsals. The first Seaside Summer Concert Series is scheduled for July 15.More than 13,000 residents have signed a petition to stop the amphitheater. After the press conference, the pre-considered bill will be the subject of a public hearing. The public was given less than 24 hours notice.

Background: Brooklyn Borough President Marty Markowitz' and Mayor Bloomberg are proposing to build a $ 64 million, 10-story, eight thousand seat commercial amphitheater in the middle of a park in a residential community. Opponents charge the proposed project, as currently planned, would destroy quality-of-life, destroy the park, and also violate existing NYC Law prohibiting amplified sound within 500 feet of religious institutions when they are active. Two synagogues are approx. 300 feet away. New York City Administrative Code Section 10-108 Regulation of sound devices or apparatus - Regulation Of Sound Devices Or Apparatus. - New York Attorney Resources - New York Laws

The proposed concert arena would have more seats than Radio City Music Hall.

Brooklyn Borough President Marty Markowitz has allocated approx. $ 52 Million, Mayor Bloomberg $ 10 million, State Senator Carl Kruger and local Council Member Domenic Recchia, Jr. approx. $ I million each.

Text Of Bill:

Preconsidered Int. No.

By Council Member Vallone (by request of the Mayor)

A Local Law to amend the administrative code of the city of New York, in relation to sound permits.

Be it enacted by the Council as follows:

Section 1. Subdivision g of section 10-108 of the administrative code of the city of New York, as amended by local law 13 for the year 1996, is amended to read as follows:

g. Special restrictions. The police commissioner shall not issue any permit for the use of a sound device or apparatus:

1. In any location within five hundred feet of a school, courthouse or church, during the hours of school, court or worship, respectively, or within five hundred feet of any hospital or similar institution, provided, however, that applicants seeking permits in relation to a sound device or apparatus located in a fixed open air structure such as a band shell, amphitheater, stadium or similar permanent structure used for performances or events, shall not be subject to the special restrictions of this subparagraph 1 when such applicant certifies that the sound attributable to such sound device or apparatus shall not exceed a level of 10 dB(A) or more above the ambient sound level as measured a t a distance of 15 feet or more from the perimeter of the property upon which the structure is located;

2. In any location where the commissioner, upon investigation, shall determine that the conditions of vehicular or pedestrian traffic or both are such that the use of such a device or apparatus will constitute a threat to the safety of pedestrians or vehicular operators;

3. In any location where the commissioner, upon investigation, shall determine that conditions of overcrowding or of street repair or other physical conditions are such that the use of a sound device or apparatus will deprive the public of the right to the safe, comfortable, convenient and peaceful enjoyment of any public street, park or place for street, park or other public purposes, or will constitute a threat to the safety of pedestrians or vehicle operators;

4. In or on any vehicle or other device while it is in transit;

5. Between the hours of ten p. m. and nine a. m.; or

6. Between the hours of eight p.m. or sunset, whichever is later, and nine a.m. on weekdays and between the hours of eight p.m. or sunset, whichever is later, and ten a.m. on weekends and public holidays, in any location within fifty feet of any building that is lawfully occupied for residential use. The distance of fifty feet shall be measured in a straight line from the point on the exterior wall of such building nearest to any point in the location for which the permit is sought.

§2. This local law shall take effect immediately. Section 1 of this local law shall expire 90 days after enactment.

Lawsuit Filed to Prevent New York City and Marty Markowitz From

Violating NYC Sound Law Within 500 Feet Of

Religious Institutions • Concert Series in Asser Levy Park Affected

A lawsuit was filed today in Brooklyn Supreme Court seeking to prevent the City of New York and Brooklyn Borough President Marty Markowitz from violating a NYC Law prohibiting amplified sound within 500 feet of religious institutions. Mr. Markowitz sponsors an annual concert series in Asser Levy/Seaside Park, in Brighton Beach Brooklyn. This afternoon a Brooklyn Supreme justice signed an order to show cause setting a hearing on this matter for June 30th.

The suit is brought against defendants the City of New York and Brooklyn Borough President, Martin Markowitz, with regard to the violation of Title 10, Chapter 1, Section 10-108 (g) of the New York City Administrative Code, and Title 38, Chapter 8, Section 8-06 of the Rules and Regulations of the City of New York (together, the “Code”), which prohibit the use of electronic sound amplification equipment at any location within 500 feet of houses of worship during hours of worship. Plaintiffs are directly and adversely affected by the Defendants’ annual operation of the Parks Department band shell in Asser Levy Park, which comes within 500 feet of Plaintiffs’ houses of worship, as a concert and event venue using electronic sound amplification equipment.

Electronic sound amplification equipment is used during the concerts in addition to sound-checks and rehearsals. The first Seaside Summer Concert Series is scheduled for July 15.

In violation of the law, these concerts have coincided with the hours of worship of Plaintiff Congregation Sea Breeze Jewish Center and with the hours of worship of Plaintiff Congregation Temple Beth Abraham. The two synagogues are approx. 300 feet away.

The plaintiffs are represented by attorneys Norman Siegel and Herbert Teitelbaum.

"It is very sad that Mr. Markowitz has no compassion for the thousands of people whose community and quality of life will be hurt by his actions," said Ida Sanoff a plaintiff in the case. "He is unconcerned about flouting laws that protect the sanctity of religious institutions. "

"We are not against concerts just not right across the street from two synagogues. We will not stand by idly. A year ago we met in good faith to negotiate with Mr. Markowitz but all he did was stone wall us. Our borough president is not above the law." - Al Turk, First Vice President, Temple Beth Abraham, a plaintiff in the case.

In the past, defendants have presented, or allowed to be presented, concerts and other special events at the Asser Levy Park band shell, illegally using electronic sound amplification devices or apparatus either without the required permit for the use of sound amplification, or with an illegally issued permit.

"We are seeking an injunction against the defendants from operating electronic sound amplification equipment at the band shell during hours of worship, " said attorney Norman Siegel one of the plaintiffs' attorneys.

Use of sound amplification devices or apparatus in streets, parks and other public places within the City of New York is regulated by the Code which provides that sound amplification devices or apparatus may be used in such places only under specific and limited circumstances and conditions, and only with permits issued by the Police Department of the City of New York. The Code prohibits the use of sound amplification devices or apparatus at any location that is within 500 feet of “a school, courthouse or church, during the hours of school, court or worship, respectively.” N.Y.C. Admin. Code § 10-108(g). Accordingly, under such circumstances permits are not to be issued allowing sound amplification devices or apparatus.

July 16, 2009 - Asser Levy/Seaside Park Seaside Summer Concert Series. A lawsuit filed today charges that Brooklyn Borough President Marty Markowitz's Seaside Summer Concert Series violates a city law which prohibits amplified sound within 500 feet of “a school, courthouse or church, during the hours of school, court or worship." Sea Breeze Jewish Center and Congregation Temple Beth Abraham are approximatly 300 feet away from the stage.

Mr. Markowitz and Mayor Bloomberg are attempting to build a $64 Million dollar, eight thousand seat commercial amphitheater to replace the small band shell, a plan the community is vehemently against. (Photo: © Geoffrey Croft/NYC Park Advocates)

NYC Park Advocates Inc. is a non-profit, non-partisan watchdog group dedicated to restoring public funding, improving public parks, increasing public recreation programs, expanding open space and accessibility, and achieving the equitable distribution of these vital services in New York City for all. We are the only non-profit park advocacy group dedicated to all City, State and Federal parkland in New York City. For more information please visit us at nycparkadvocates.org