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Bloomberg is doing the same thing with noise. (Ironically Timber you brought up noise) By having a lower tolerance, clamping down on smaller infractions of the law, they've been getting bigger criminals. In the concrete jungle, that is no mean feat.
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Yeah, and ironically you forgot how I obviated your comparrison, Yorick. Noise pollution is measured at the property line. So long as a bar owner can prevent the noise from bothering his neighbors (via soundproof walls or what have you) he can crank up 130db Concert Speakers -- which hurt the ears A LOT, according to the EPA and according to my personal experience. So, as with smoke (in most places), he can allow patrons and others (musicians) to set up a harmful environment inside his establishment -- whereby you make a choice to enter that environment or not.
Oh, and you keep bringing up Giuliani. Please don't. I don't want to derail this thread by attacking his methods of clamp-down, which were heavily racially biased and ended up in more than a few cases of unarmed minority folks being laid to rest with 20 or more police service bullet holes in their bodies. I got NYC local news during 1998-2000, so I saw it daily. As I said, let's just let this possible contentious aside debate drop. I'm not saying you don't have a point that NYC has concerns other places don't (but some do, like Chicago or London). Anyway, please just let it slide.