[HISTORY: Adopted by the Board of Trustees of the Village of Hudson
Falls 8-18-1986 as Ch. 46A of the 1968 Code. Amendments
noted where applicable.]
This chapter shall be known as the "Hudson Falls Noise Control Local
Law."
It is hereby declared to be the policy of the Village of Hudson Falls
to prevent excessive, unnecessary or unusually loud noise. It is further declared
that the provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of preserving, protecting and promoting
the public health, comfort, convenience, safety, welfare and prosperity and
the peace and quiet of the Village of Hudson Falls and its inhabitants.
As used in this chapter, the following terms shall have the meanings
indicated:
The Village of Hudson Falls Noise Control Local Law.
One-tenth of a bel. The bel is a unit of level when the base of the
logarithm is 10. The decibel is a unit of level when the base of the logarithm
is the tenth root of 10 and the quantities concerned are proportional to power.
Examples of quantities that are proportional to power are sound power, sound
pressure squared, sound intensity and sound energy density. Thus the decibel
is a unit of sound-pressure-squared level; it is common practice however,
to shorten this to sound-pressure level. The logarithm to the base the 10th
root of 10 is the same as 10 times the logarithm to the base; e.g., for a
number X2, log10 1/10X2
= 10log10 X2 = 20log10
X. This last relationship is the one ordinarily used to simplify the language
in definitions of sound-pressure level. The abbreviation shall be "dB."
Any individual, partnership, company, public or private corporation,
association, firm, organization, political subdivision, governmental agency,
administration or department, municipality, trust, estate, group of individuals
or any other legal entity whatsoever.
The weighted sound-pressure level, measured by the use of a metering
characteristic and weighting A, B or C, as specified in American National
Standards Institute Specification for Sound Level Meters, S1.4-1971. The weighting
employed must always be stated. [Unit: decibel (dB).]
Any device that is designed to be used or is actually used for the
production or reproduction of sound, including but not limited to any musical
instrument, radio, television, tape recorder, phonograph or any other sound-amplifying
device.
Any excessive or unusually loud sound or any under which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace or safety
of a person or which causes injury to animal life or damages to property or
business. Standards to be considered in determining whether unnecessary noise
exists in a given situation include, but are not limited to, the following:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is natural or unnatural.
The volume and intensity of the background noise, if any.
The proximity of the noise to residential sleeping facilities.
The nature and the zoning district of the area within which the noise
emanates.
The time of the day or night the noise occurs.
The time duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or impulsive.
The pressure of discrete tones.
No person shall make, continue or cause or permit to be made any continued
or unnecessary noise.
No person shall shout, yell, call, hoot, whistle or sing on public streets
or in public places so as to cause unnecessary noise. No person shall call
for the purpose of advertising goods, wares or merchandise within any area
zoned for residential use so as to cause unnecessary noise. The provisions
of this section shall not apply to the sale of merchandise, food and beverages
at authorized entertainment events such as parades, fairs and sporting events.
No person shall operate a vehicle in such a manner as to cause unnecessary
noise by spinning or squealing the tires of such vehicle.
No person shall operate or permit to be operated a place of public entertainment,
including but not limited to a restaurant, bar, cafe, discotheque or dance
hall, in which the sound level is equal to or exceeds 95 dB(A)'s sustained
for more than 30 seconds measured at the location of the spectators.
[Amended 3-16-1992 by L.L. No. 4-1992; 8-14-2000
by L.L. No. 9-2000; 10-12-2004 by L.L.
No. 6-2004]
Any person found guilty of violating any of the provisions of this chapter
shall be guilty of a violation and, upon conviction, shall be punishable by
a fine not exceeding $250 or imprisonment for a period not exceeding 15 days,
or both, for conviction of a first offense; for conviction of a second offense,
both of which were committed within a period of three years, punishable by
a fine of not less than $250 nor more than $500 or imprisonment for a period
not to exceed 30 days, or both; and upon conviction for a third offense or
subsequent offense, all of which were committed within a period of five years,
punishable by a fine of not less than $500 nor more than $750 or imprisonment
for a period not to exceed 60 days, or both. Each day during which such violation
occurs constitutes a separate offense.
