[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw 9-18-1989 by L.L. No. 5-1989. Amendments noted where
applicable.]
A.Â
It is hereby declared to be the policy of the Village
of Haverstraw to prevent and control excessive, unnecessary or unusually
loud environmental noise. It is further declared that the provisions
and prohibitions hereinafter contained and enacted are in pursuance
and for the purpose of preserving, protecting and promoting the public
health, comfort, convenience, safety, welfare, land, prosperity and
the peace and quiet of the Village of Haverstraw and its inhabitants.
B.Â
In addition, it is the policy of the Village of Haverstraw
that every person is entitled to ambient noise levels that are not
detrimental to life, health and enjoyment.
As used in this chapter, the following terms
shall have the meanings indicated:
The American National Standards Institute or its successor
bodies.
Any business or commercial activity that involves the purchase
or utilization of goods or services, including but not limited to
commercial dining establishments, motor vehicle services, retail and
wholesale services, banks and office buildings, recreation and entertainment
facilities, community services and public services.
Building or demolition work, but shall not be limited to
any structure, road or recreational facility and shall include all
related activities, including but not limited to the clearing of land,
earth moving, blasting and landscaping.
Any location, including land, water and air, where construction
takes place, including but not limited to construction equipment located
either on public or private land or water or other location in the
vicinity of where the construction actually takes place. Quarries,
concrete and asphalt plants constructed and operated for the exclusive
use of a contractor for a particular construction site shall be included
as part of the construction site.
See "sound."
See "sound-pressure level."
Any gong, siren, whistle, horn or similar device that is
designed to be used and/or is actually used to warn of the exposure
of any human being or property to imminent danger.
The work or activity that is necessary for the prevention
of the exposure of any human being or property to imminent danger.
This may include but is not limited to work to repair electrical,
gas, water, sewage or other public services.
The "frequency" of a function periodic in time is the reciprocal
of the period. The unit is the hertz.
See "sound."
The production, fabrication and storage of durable and nondurable
man-made goods, and including any activity that is not otherwise defined
in this chapter.
The A-weighted sound level measured with slow response that
is exceeded 10% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
The A-weighted sound level measured with slow response that
is exceeded 90% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
Any physical change in or any change in the method of operation
of a commercial, business or industrial site which increased the amount
of sound emitted by such site, or which results in the emission of
a type of sound not previously emitted. "Modification" includes but
is not limited to an increase in the use of raw materials, the hours
of operation or the rate of production.
Sounds in the outdoor atmosphere, including but not limited to those sounds generated by man, his mechanical devices, domestic animals or pets as specified in § 157-5.
Any procedure, method, process, device or equipment which
reduces the generation, emission, transmission, radiation or reception
of noise, or which renders the noise less noxious.
Noise.
The periodic quantity is the smallest increment of the independent
variable for which the function repeats itself.
The Society of Automotive Engineers, Inc., or its successor
bodies.
An oscillation in pressure, stress, particle displacement,
particle velocity, etc., in a medium with internal forces (e.g., elastic,
viscous) or the superposition of such propagated oscillations.
IMPULSIVE SOUND- A sound characterized by brief excursions of sound pressure which significantly exceed the ambient sound.
CONTINUOUS SOUND- Applies if it is not impulsive. (Examples include, but are not limited to, factory operations or a motor vehicle moving past an observer.)
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighting networks for the measurement of sound
levels and sound-pressure levels.
Based upon criteria related most directly to objective measurements
of sound levels, namely hearing loss, speech interference and sleep
interference. The frequency-weighted sound-pressure level, obtained
by the use of metering characteristics and the weightings A, B or
C as specified in ANSI Specification for Sound Level Meter I.4-1971
or latest revision. The sound level meter shall conform to either
Type 1 or Type 2. The weighting employed must always be stated.
Twenty times the logarithm to the base 10 of the ration of
the pressure of this sound to the reference pressure of 20 micronewtons
per square meter. In formula:
|
SPL
|
=
|
20 log10 (P/Po)
| ||
|
Where:
| ||||
|
SPL
|
=
|
The sound pressure
| ||
|
P
|
=
|
The reference pressure
| ||
|
Po
|
=
|
The effective (root mean square) sound pressure
| ||
The methods outlined in 4642.03 of the Policies and Procedures
Manual for Sound and Vibration Control of the New York State Department
of Environmental Conservation or as amended or any reliable method
meeting present day technical and professional standards.
Nothing in this chapter shall authorize the
construction or operation of a source of sound in violation of the
Labor Law or Industrial Codes or the Rockland County Sanitary Code.
Nothing in this chapter shall authorize the
sale or operation of a source of sound in violation of the Vehicle
and Traffic Law.
A.Â
No person shall initiate installation of a commercial
business or industrial operation that will violate the sound standards
of this chapter. Determination of conformance to this prohibition
may be by comparison with similar commercial, business or industrial
operations.
B.Â
No person shall initiate modification of a commercial
business or industrial operation if such modification will violate
the sound standards of this chapter.
C.Â
No person shall operate or cause to be operated a
commercial, business or industrial operation that will violate the
sound standards of this chapter.
D.Â
Sound standards for commercial, business and industrial
operations.
E.Â
Outdoor patio dining or sidewalk cafe dining shall be allowed until
11:00 p.m. Sunday through Thursday and until 12:00 a.m. on Friday
and Saturday unless a site-specific permit for outdoor patio dining
or sidewalk cafe issued by the Haverstraw Building Department provides
different conditions.
[Added 10-17-2016 by L.L.
No. 6-2016]
For each of the prohibitions listed in this
chapter, sources of sound external to the property line of the commercial,
business or industrial operation shall be excluded when determining
whether noise is present. Such exclusion may be effected by manipulation
of the level of sound to be excluded, analytical calculation, correlation
techniques, mapping of noise contours, use of directional microphones
and microphone arrays or any other suitable method. Measurement techniques
are provided which shall be used when determining the external sound
level. Such exclusion shall not apply when determining the L90 required.
The prohibitions of this chapter shall not apply
to the following sounds:
A.Â
Sounds created by the means of propulsion of railroad
trains. This exception applies only when such railroad train is either
in motion or idling during loading, unloading, coupling, uncoupling,
refueling or other similar operations, provided that the total idling
time for such operations does not exceed 30 minutes.
B.Â
Sounds created by emergency work, provided that the
noise resulting from such work ceases to be emitted within 24 hours
of the time that noise is first emitted by such work.
C.Â
Sounds that originate on construction sites between
the hours of 7:00 a.m. and 10:00 p.m.
D.Â
Sounds created by the tires and motor when propelling
a motor vehicle that is registered to operate on public highways.
This exception does not apply to auxiliary equipment on such vehicles
or while such vehicles are under repair or test.
A.Â
Noise emission testing and measurement to ascertain
compliance with this chapter shall be in substantial conformity with
standards and recommended practices established by professional organizations
such as ANSI and SAE.
B.Â
Personnel conducting sound measurements shall be trained
and experienced in the current techniques and principles of sound
measurement and in the selection and operation of sound-measuring
equipment and instrumentation.
C.Â
Instruments shall conform to the following standards
or their latest revisions:
D.Â
An anemometer and compass or other suitable device
shall be used to measure wind speed and direction. A windscreen shall
be used on the microphone.
E.Â
A thermometer suitable for measurement of ambient
temperature shall be used.
F.Â
Instruments shall be met up to conform to ANSI SI.13-1971,
Methods for the Measurement of Sound Pressure Levels.
G.Â
Instrument manufacturer's instructions for use of
the instrument shall be followed.
H.Â
The following steps shall be taken to acquire and
record the data:
(1)Â
Check the condition of the power supply.
(2)Â
Calibrate the instrumentation setup with an external
acoustic calibrator.
(3)Â
For continuous sound, set meter to the slow response.
Use A-weighting network. For impulsive sound, the peak sound-pressure
level shall be measured by an oscilloscope with storage or memory
capability or a suitable meter with hold capability.
(4)Â
Record the meter readings on an appropriate data sheet.
(5)Â
Record all pertinent atmospheric conditions, i.e.,
wind speed and direction, temperature and general weather conditions.
(6)Â
Record the manufacture, model and serial number for
the instruments used.
(7)Â
Record the location of sound source(s) of interest
and the microphone locations and their orientation relative to the
sound source(s).
(8)Â
Calibrate the instrumentation setup with an external
acoustic calibrator.
(9)Â
Check the condition of the power supply.
I.Â
While measurements are being recorded, a continual
visual and aural surveillance of extraneous sound sources should be
made to ensure that the measurements are due to the sound being investigated.
If possible, the sound levels of extraneous sound sources should be
recorded.
J.Â
The determination of L10 and
L90 requires a statistical analysis. A graphic
level recording and visual interpretation of the chart recording to
determine the L10 and L90 is an acceptable method. Instruments designed to determine the cumulative
distribution of noise are also acceptable. Tape recordings and sound
level sampling techniques are also acceptable.
K.Â
Measurements shall be taken with the microphone at
a height of four feet or more above the ground.
It shall be unlawful for any person to make,
continue or cause to be made or continued any excessive, unnecessary,
unusually loud or unusually disturbing noise within the limits of
the village.
The following acts are declared to be excessive,
unusually loud, unusually disturbing and unnecessary noises in violation
of this chapter:
A.Â
Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle or other vehicle
on any street or public place of the Village of Haverstraw, except
as a danger warning; the sounding of any such device for an unnecessary
and unreasonable period of time; and the use of any such signaling
device when traffic is for any reason held up.
B.Â
Radios, television sets, tape recorders, bands, etc.
The playing, using, operating or permitting to be played, used or
operated of any radio receiving set, television set, musical instrument,
band, tape recorder, phonograph or other machine or device for the
producing or reproducing of sound in such manner as to disturb the
peace, quiet, tranquillity and comfort of the neighboring inhabitants,
or at any time with louder volume than is necessary for the convenient
hearing of the person or persons who are in the place, room, vehicle
or chamber in which such set, machine, instrument, band or device
is played or operated and who are voluntary listeners thereto. The
playing or operation of any such set, tape recorder, instrument, band,
phonograph, machine or device in such manner as to be plainly audible
at a distance of 50 feet from the place, building, structure or vehicle
in which it is located shall be prima facie evidence of a violation
of this section.
[Amended 7-13-1992 by L.L No. 2-1992]
C.Â
Loudspeakers and amplifiers for advertising. The playing,
using, operating or permitting to be played, used or operated of any
radio receiving set, television set, musical instrument, band, tape
recorder, phonograph, loudspeaker, sound amplifier or other machine
or device for the purpose of producing or reproducing of sound which
is placed upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or structure.
D.Â
Yelling and shouting. Yelling and shouting on the
public streets at any time or at any place so as to annoy or disturb
the quiet, comfort or repose of persons in any office or in any dwelling,
hotel or other type of residence or of any persons in the vicinity.
[Amended 7-13-1992 by L.L. No. 2-1992]
E.Â
Animals. The keeping of any dog or other animal which
by causing frequent or long continued barking or other noise shall
disturb the comfort or repose of any persons in the vicinity.
F.Â
Schools, courts, churches and hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same are in use, or adjacent
to any hospital, which unreasonably interferes with the workings of
such institution or which disturbs or unduly annoys patients in the
hospital, provided that conspicuous signs are displayed in such streets
indicating that the same is a school, hospital or court street.
G.Â
Hawkers and peddlers. The shouting, yelling and crying
of peddlers, hawkers and vendors which disturbs the peace and quiet
of the neighborhood.
H.Â
Construction and property maintenance. The construction,
reconstruction, remodeling, lawn cutting or landscaping of property,
or the repair, etc., of automobiles, if the same creates noise which
is plainly audible at a distance of 50 feet from the place, building,
structure or vehicle from which it originates between the hours of
10:00 p.m. and 7:00 a.m. shall be prima facie evidence of a violation
of this section. If the premises is a multiple dwelling or attached
row building with residences, said violation occurs if the offending
noise is audible between units or between buildings.
[Added 6-2-2008 by L.L. No. 6-2008]
I.Â
The installation, maintaining or operating of nonstandard
original factory-type mufflers or other vehicle exhaust systems equipment
designed to create noise exceeding that produced by the factory-issue
equipment as set forth in § 375, Subdivision 31, of the Vehicle
and Traffic Law of the State of New York is hereby prohibited in the
Village of Haverstraw. Any vehicle within the Village with such equipment,
whether operated or not, shall be prima facie evidence of a violation
of this section.
[Added 6-2-2008 by L.L. No. 6-2008]
[Amended 8-11-1997 by L.L. No. 4-1997; 10-6-2014 by L.L. No. 11-2014; 2-1-2016 by L.L. No.
1-2016; 10-17-2022 by L.L. No. 3-2022]
Any person, association, organization, corporation,
company or business entity violating or failing to comply with the
provisions of this chapter, or with any order or direction lawfully
given hereunder, shall be liable to a minimum penalty $500 and up
to $2,500; and which charge, under this article, shall be a petty
offense or infraction, and not a crime. The continuation or repeat
of a violation of, or failure to comply with, any provision of this
article shall constitute, for each occurrence that transpires or each
day on which the violation continues, a separate and distinct charge
hereunder.
As an additional remedy, the creation of noise
which violates this law shall be deemed and is declared to be a public
nuisance and may be subject to abatement summarily by a restaining
order or injunction issued by a court of competent jurisdiction.
