In 35 years as an ice cream truck driver for Mr. Softee, Paul Ferguson has learned that his truck's familiar jingle - a joyous anthem for thousands of children each year - can be a bit annoying for neighborhood residents.
“I'm a homeowner,” said Ferguson, who lives on Long Island and spends each day selling ice cream at Kennedy Airport. “I understand where they're coming from.”
Ferguson has never had a problem honoring noise complaints.
“If someone complains, I cut the music,” he said. But as of July 1, music volume is no longer a matter of respect. It is a matter of law.
Under the city's new noise code, ice cream truck drivers are prohibited from playing their music when stopped. Some drivers feel the law is unnecessary.
“It's a courtesy thing,” said Nick Agostino, a driver for two years. “You don't play your song if you're parked in front of someone's house for 10 minutes, so [the law] won't change much. Just another way for the city to make money.”
“If one person comes out of their house to get ice cream, that means everyone on the block heard the song,” said a driver who goes by ‘Big Mike.' “No need to keep playing it at that point. They don't need a law to tell me that.”
Mike, who has driven the Floral Park route for 10 years, added that “Bloomberg's got thousands of trucks running around with thick, black smoke coming out. I've gotta breathe that. My truck may look like a piece of junk, but it's not affecting anybody's lungs.”
But Bill Cottone, an 11-year Mr. Softee driver, said he agrees with the law - to an extent.
“A fair compromise would have been to let us play it for one rotation [when stopped], then turn it off,” said Cottone, instead of banning the jingle completely.