[HISTORY: Adopted by the Town Board of the
Town of Haverstraw 6-23-1997 by L.L. No. 9-1997; amended in its entirety 1-25-1999 by L.L. No.
2-1999. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Town of
Haverstraw Noise Control Law."
It is hereby declared to be the policy of the
Town of Haverstraw to safeguard the right of its residents within
the privacy of their homes to be free from intrusive unwanted sounds.
Problems concerning the disturbance of peace and quiet by noise from
various activities are best solved by thoughtful discussions and cooperative
agreements between affected parties. However, to resolve remaining
problems of noise which is disturbing to others, it is the policy
of the Town of Haverstraw to establish standards, variance procedures,
enforcement procedures and penalties.
As used in this chapter, the following terms
and phrases shall have the following meanings:
A unit for measuring the volume of sound, equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to a standard pressure of 20 micronewtons per square
meter.
New Year's Day, Lincoln's Birthday, President's Day, Memorial
Day, Independence Day, Labor Day, Columbus Day, Veteran’s Day,
Thanksgiving Day and Christmas Day.
[Amended 12-12-2016 by L.L. No. 4-2016]
Any zoning district which is not a residential zoning district.
"Nonresidential zoning districts" include C, PIO, CR, PO and WRD Zoning
Districts.
Any zoning district in which one-family detached dwellings
or one-family and multifamily dwellings are permitted principal uses,
including Zoning Districts R-120, R-40, R-25, R-15, RG and RMH.
The sound-pressure level measured in decibels with a sound-level
meter set to A-weighting, expressed in dB(A).
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under American National Standards Institute
(ANSI) Specifications S1.4-1971 or the latest approved revision thereof.
Any electronic or electrical device that is used for the
production of sound, including but not limited to any loudspeaker,
radio, television, tape recorder, phonograph or any other sound-amplifying
equipment.
Any sound which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of a reasonable person
of normal sensitivities under the circumstances.
Any zone as defined in Chapter 167, Zoning, of the Town of Haverstraw.
No person shall or no owner or occupant of any
premises shall operate or permit to be operated or use or cause to
be operated in the Town of Haverstraw any sound source that produces
a sound level exceeding the limitations in this section. The measurement
of any sound or noise shall be made with a sound level meter using
the A-weighted scale and slow response except for sounds or noises
which occur in single or multiple bursts with a duration of less than
one second for which fast response shall be used. The sound level
determination or measurement shall be conducted not nearer to the
sound source than the closest property line of the parcel on which
such noise is generated, except where otherwise specified, and in
no case on public or private streets. When the determination or measurement
is made for a dwelling unit of a multidwelling-unit building as the
receiving property, all exterior doors and windows of the dwelling
unit shall be closed and the determination or measurement shall be
taken in the center of a room.
A.
Customary residential activities. Customary residential activities on properties within any residential zoning district, including social gatherings, deliveries of residential heating oil and pickup of residential garbage, as well as permitted agricultural activities, shall not be regulated by this chapter, except for specific activities or noise sources that are subject to and governed by § 114-5A, Sound reproduction devices; § 114-5B, Burglar alarms; § 114-5C, Animals; or § 114-6B, Domestic tools and equipment; vehicle repair.
B.
Other activities. Noise produced by other activities on properties within any residential or nonresidential zoning district shall not exceed 60 dB(A) during the hours of 8:00 a.m. to 6:00 p.m. or 45 dB(A) during the hours of 6:00 p.m. to 8:00 a.m. on any other property used for residential purposes within any residential zoning district unless otherwise permitted in § 114-7, Exceptions. However, the restrictions contained in this Subsection B shall not be applicable to specific activities or noise sources that are subject to and governed by § 114-75A, Sound reproduction devices; § 114-5B, Burglar alarms; § 114-5C, Animals; § 114-6A, Air-conditioning and air-handling equipment; or § 114-6B, Domestic tools and equipment; vehicle repair.
[Amended 3-24-2003 by L.L. No. 6-2003]
The following acts are declared to be excessive,
unusually loud, unusually disturbing and unnecessary noises in violation
of this chapter:
A.
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 Town 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.
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.
C.
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 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.
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.
E.
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.
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.
Hawkers and peddlers. The shouting, yelling and crying
of peddlers, hawkers and vendors which disturbs the peace and quiet
of the neighborhood.
H.
Sound reproduction devices. No person shall or no owner or occupant of any premises shall operate or permit to be operated or use or cause to be operated loudspeakers or other sound reproduction devices so as to produce sounds which are audible between the hours of 8:00 p.m. and 10:00 a.m., or are audible and unreasonably intrusive at any other times on any other property used for residential purposes within any residential zoning district as determined within and no closer to the property line of the receiving property than the absolute minimum side yard distance specified for the residential zoning district in which the receiving property is located except as permitted in Subsection I, Burglar alarms, or § 114-7, Exceptions. For any sound reproduction device operated in any C or PIO development, the limitation on audibility of sound from that device shall be applied only outside of that development. Nothing in this subsection is intend to prohibit incidental sounds emanating from public sporting events or public entertainment events.
[Added 7-19-2004 by L.L. No. 7-2004]
I.
Burglar alarms. Sound from an exterior burglar alarm
of any building or motor vehicle shall terminate within 15 minutes
after it has been activated.
[Added 7-19-2004 by L.L. No. 7-2004]
J.
Animals. It shall be unlawful for any owner of or
any other person harboring any animal to permit or allow such animal
while in the Town of Haverstraw to engage in habitual loud howling,
barking or noise making which is unreasonably intrusive.
[Added 7-19-2004 by L.L. No. 7-2004]
K.
Exhaust and mufflers. No person shall cause or permit
the operation of any device, vehicle, construction equipment or lawn
maintenance equipment, including but not limited to any diesel engine,
internal combustion engine or turbine engine, that has been modified
or become defective so as to cause the level of sound emitted to be
greater than that emitted as originally manufactured.
[Added 7-19-2004 by L.L. No. 7-2004]
A.
Air-conditioning and air-handling equipment. No person
shall or no owner or occupant of any premises shall operate or permit
to be operated or use or cause to be operated an air-conditioning
or air-handling device that produces a sound level greater than 55
dB(A) on any other property used for residential purposes within any
residential zoning district. However, this limitation shall not apply
to properly operating air-conditioning equipment installed in residential
zoning districts prior to enactment of this chapter.
B.
Domestic tools and equipment; vehicle repair.
(1)
No person shall or no owner or occupant of any premises
shall operate or permit to be operated any hand tool or power tool
or equipment, including but not limited to saws, hammers, sanders,
drills, grinders, lawn or garden tools, mowers, tractors, chain saws,
leaf blowers or gatherers or similar devices or wood chippers of any
kind, or cause or permit vehicle repair or engine tune-up activities
so as to create noise in excess of the following limits. This prohibition
includes equipment used by lawn care or landscape services.
(2)
Noise levels from domestic tools and equipment and
from vehicle repair during the hours of 8:00 a.m. to sundown, Monday
through Friday, except holidays, and 9:00 a.m. to sundown, Saturday,
Sunday and holidays, shall not be restricted by this subsection. At
all other times, such noise levels shall not exceed 45 dB(A) on any
other property used for residential purposes within any residential
zoning district.
(3)
However, uses of snowblowers, chain saws and other
domestic tools and equipment are exempted from these limits when they
are being used to clear driveways, streets or walkways during and
within 24 hours after snowfalls, rainstorms, ice storms, windstorms
or similar emergencies.[1]
[1]
Editor's Note: Former Subsection C, Noise
from sound reproduction devices in motor vehicles, which immediately
followed this subsection, was repealed 3-24-2003 by L.L. No. 6-2003.
A.
Nothing in this chapter shall be construed to prevent
the production of music in connection with any military or civic parade,
funeral procession or religious service.
B.
This chapter shall not be construed to prohibit to
use of any organ, bell, chimes or any other similar instrument or
device by any church, synagogue or school on or within its own premises
in connection with religious rites or ceremonies of such church or
synagogue or in connection with a school education program.
C.
For sound reproduction devices and/or musical instruments used in connection with weddings, celebrations or similar events on any property used for residential purposes, sound levels in excess of those permitted in § 114-5A and B are allowed, provided that such sound levels are not plainly audible at a distance of 50 feet from the place, building, structure or vehicle in which it is located and provided that sound levels in excess of those permitted in § 114-5A and B cease by 10:00 p.m. on Monday, Tuesday, Wednesday or Thursday nights and by 11:30 p.m. on Friday, Saturday and Sunday nights.
[Amended 5-9-2023 by L.L.
No. 5-2023]
D.
Sounds created by any governmental agency by the use
of public warning devices are exempted from the limitations of this
chapter.
E.
Sounds created by public utilities in carrying out
the operations of their franchise are exempted from the limitations
of this chapter.
F.
Sounds connected with sporting events of any public
or private school, swim or tennis club or country club or permitted
special events or sports programs are exempted from the limitations
of this chapter.
G.
Sounds connected with activities and equipment of
the Town of Haverstraw Department of Public Works are exempted from
the limitations of this chapter.
H.
Sounds created by aircraft or by motor vehicles on
public streets are exempted from the limitations of this chapter.
A.
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Town Board shall have the power in passing upon a petition for a variance duly made pursuant to Subsection B by owners of properties with nonresidential uses which would be in violation of other subsections of this chapter to vary or modify the application of any of the regulations or provisions of this chapter so that the spirit of this chapter shall be observed, public health, safety and welfare secured and substantial justice done.
B.
No variation or adjustment in the strict application
of any regulations or provisions of this chapter shall be granted
by the Town Board unless it finds that:
(1)
The applicant has demonstrated good and sufficient
cause for the granting of a variance. Such demonstration shall be
founded upon a fair consideration of the circumstances present pertinent
to the petition, including but not limited to:
(a)
The social utility of the use or activity for
which a variance is sought.
(b)
The nature and degree of observed variance from
prescribed standards that results from such use or activity.
(c)
The impact of such use or activity on other
residents and properties.
(d)
The nature and cost of available measures that
may be taken to mitigate the impact of such use or activity.
(2)
There are unique or special circumstances or conditions,
fully described in the findings of the Town Board, applying to the
activity or to the use of land, property or facilities for which the
variance is sought which warrant the granting of a variance on the
ground of practical difficulty or unnecessary hardship.
(3)
The granting of a variance is necessary to enable
the applicant to conduct the activity or use for which a variance
is sought without unreasonable burden or restriction, and the variance
as granted by the Town Board is the minimum adjustment that will accomplish
such purpose.
(4)
The granting of the variance will be in harmony with
the general purposes and intent of this chapter, will not be injurious
to the community or any neighborhood or otherwise detrimental to the
public health, safety or welfare and will not be in conflict with
other laws or ordinances or inconsistent with the Comprehensive Master
Plan of the Town.
C.
The Town Board, in passing upon a petition for a variance
under this chapter, may limit the effective period of any variance
granted and may impose upon the grant or operation of any variance
such conditions in furtherance of the public interest as the Town
Board finds necessary or appropriate.
D.
The Town Board shall retain continuing jurisdiction over and with respect to any variance granted under this chapter, and it shall have the fullest powers and authority allowed by law to review, rehear, modify, reverse or annul, for good cause shown, any order, resolution, decision or determination made with respect to a petition for or the granting of a variance under this chapter. No such review, reconsideration or action shall be taken except upon and after notice and a hearing as provided in Subsections F and G.
E.
All such appeals shall be in writing on forms prescribed
by the Town Board, and each appeal or application shall refer to the
specific provisions of this chapter and shall exactly set forth the
details of the variance that is applied for and the grounds on which
it is claimed that the same should be granted. Any petition for a
variance shall also identify all practical steps which have been taken
or which are proposed to be taken by the applicant to reduce noise.
F.
Notice of hearing. Notice of any hearing shall be
published by the Town Board in the official paper at least five days
prior to the date of said hearing. Notice of the hearing shall also
be mailed by the Town Board to the parties at least five days before
such hearing. The applicant shall mail, by certified mail, notice
of the hearing to all abutting property owners and to all owners of
property situated directly across a street from the property affected
by such appeal. Proof of such mailing shall be submitted to the Town
Board by the applicant prior to the hearing. The applicant shall be
responsible for the cost of publication and mailing of such notice.
G.
Hearing. The Town Board shall conduct a public hearing
on any application made pursuant to this chapter. At such public hearings
all those present and wishing to be heard shall be given an opportunity
to be heard.
H.
For a period of 180 days after this chapter becomes
effective, a properly filed application for a variance shall exempt
the applicant from the specific provisions of this chapter from which
a variance is being sought, from the date of filing of the application
until the Town Board has ruled on the application.
The provisions of this chapter shall in no case
remove or render less restrictive limitations on noise generation
or other conditions imposed for specific properties by actions of
the Zoning Board of Appeals or by actions of the Planning Board or
required under other applicable laws or regulations.
The provisions of this chapter shall be enforced
by the Police Department of the Town of Haverstraw or other officials
designated by the Town Board.
A.
Any person 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 penalty not exceeding $250 for
a first offense, up to $500 for a second offense and up to $1,000
for each further offense, imprisonment for not more than 15 days,
or both such fine and imprisonment.
[Amended 4-23-2012 by L.L. No. 1-2012]
B.
As an additional remedy, the creation of noise which
violates this chapter shall be deemed and is declared to be a public
nuisance and may be subject to abatement summarily by a restraining
order or injunction issued by a court of competent jurisdiction.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this chapter but shall be confined
in its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the litigation in which such judgment
shall have been rendered.
This chapter shall become effective 30 days
after filing with the Secretary of State.
