Summer’s winding down, but you’ll likely still be hearing the familiar jingle of an ice cream truck for a little longer. But if the truck full of treats stops outside of your apartment, the music is supposed to stop, too.
New York City rules allow for food-vending vehicles to play jingles while they’re in motion. But the noise is prohibited once the vehicle is parked, standing or stopped, a spokesperson for the city’s Department of Environmental Protection told Gothamist. The reason is that a moving truck takes the sound with it, while a truck sitting in one place and playing music can create noise pollution, according to the agency.
Some New Yorkers have said they’ve had enough.
One Reddit user complained in the spring about an ice cream truck that allegedly played music for nearly three hours while staying within a roughly two-block area. The poster, Weekly-Cap3414, said the noise made it difficult to work and kept children from falling asleep.
“I can’t take it anymore, let alone for the entire summer,” the user wrote.
Another commenter reported encountering a truck playing music around 11 p.m. in Flushing, Queens.
Ice cream trucks have been the source of neighborhood complaints for reasons beyond their jingles. Last summer, Gothamist reported that Councilmember Gale Brewer was pushing the NYPD to crack down on trucks illegally parked around Central Park after her staff found 19 trucks parked in bike lanes or adjacent buffer zones over six days. Gothamist also reported in 2023 that residents were upset about noise and air pollution from trucks idling on the same blocks for hours, prompting Councilmember Lincoln Restler to propose phasing out the trucks’ gas-powered generators.
The DEP said there isn’t a special curfew for ice cream truck jingles. The agency said there are no additional restrictions on when or how vendors can play them, other than whether the vehicle is in motion.
But New Yorkers can report a stationary ice cream truck playing a jingle through 311. A DEP inspector will respond to a complaint, and a summons can be issued if the inspector catches the music playing while the vehicle is parked, standing or stopped, the DEP said.
A first violation carries a $350 penalty, according to the DEP. A second violation costs $700, while third and subsequent violations carry a $1,050 penalty.
The city’s own guidance acknowledges the potential for tension. A 2018 DEP guide to the city’s Noise Code describes ice cream trucks as a “summer tradition,” but also notes that their repetitive jingles can become a nuisance and disrupt nearby residents.
“Because enforcement can be difficult as trucks travel from neighborhood to neighborhood, DEP works with the Department of Consumer Affairs, which licenses vendors, to remind drivers of their responsibilities under the Noise Code,” the guide states.