[HISTORY: Adopted by the Town Board of the
Town of Stillwater 10-3-2002 by L.L. No. 1-2002. Amendments noted where
applicable.]
A.
It is the policy of the Town of Stillwater to maintain
the peace and quiet of the Town. Unnecessary noise is determined by
the Town Board to be detrimental to the public health, safety and
welfare and to the quality of life of the citizens of the Town.
B.
Unnecessary noise degrades the environment and interferes
with the enjoyment of life, property and recreation and with the conduct
and operation of business and industry. Town Board declares that the
provisions of this chapter are for the purpose of preserving, protecting
and promoting the public health, safety and welfare and the peace
and quiet of the Town of Stillwater.
As used in this chapter, unless expressly stated
to be otherwise, the following terms shall have the meanings indicated:
Sound that reaches the point of interest by propagation through
the air.
Equipment that meets ANSI S1.4 1971 standards as described
under the definition of "dBA" below.
All engine or motor powered equipment intended for infrequent
service work in inhabited areas, typically requiring commercial or
skilled operators. Examples of commercial service equipment include
chain saws, log chippers, and paving rollers.
All powered devices or equipment designed and intended for
use in construction. Examples of construction devices are air compressors,
bulldozers, backhoes, trucks, shovels, derricks and cranes.
The abbreviation for decibel.
The A-weighed sound level in decibels, as measured by a general
purpose sound level meter complying with the provisions of the American
National Standard Institute Specifications for Sound Level Meters
(ANSI S1.4 1971), properly calibrated and operated on the A-weighting
network.
A unit for measuring the volume of a sound, equal to the
logarithm of the ratio of the sound pressure of the sound to the sound
pressure of a standard sound (0.0002 microbar); abbreviated "dB."
Work or activity that is necessary to prevent or recover
from an emergency, including but not limited to work to repair electric,
gas, water, sewage and telephone services.
The number of oscillations or cycles per second, expressed
in hertz (abbreviation "Hz").
All engine- or motor-powered garden or maintenance tools
intended for repetitive use in residential areas, typically capable
of being used by a homeowner. Examples of homeowner's light residential
outdoor equipment include lawn mowers, garden tools, riding tractors,
snowblowers, and snowplows.
The abbreviation for hertz equivalent to cycles per second.
Who is individual, association, firm, syndicate, company,
trust, corporation, department, bureau or agency of any other entity
recognized by law as the subject of rights and duties.
An instrument including a microphone, an amplifier, an output
meter and frequency weighting networks for the measurement of sound
levels. Sound level meters shall conform to the requirements of ANSI
specifications for sound level meters S1.4 1971.
Any excessively or unusually loud sound or any sound 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 property or business. Standards which can be considered
in determining whether unnecessary noise exists in a given situation
include, but are not limited to, the following:
The intensity of the noise;
Whether the nature of the noise is usual or
unusual;
Whether the origin of the noise is associated
with nature or man-made activity;
The intensity of the background noise, if any;
The proximity of the noise to sleeping facilities;
The nature of 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 presence of discrete tones;
Whether alternate methods are available to achieve
the objectives of the sound-producing activity.
A.
The following acts, among others, are declared to
be loud, disturbing, injurious and unnecessary and unlawful noises
in violation of this chapter, but this enumeration shall not be deemed
to be exclusive; namely:
(1)
Yelling, shouting, hooting, whistling, singing or
performing music on the public streets or from private property that
is plainly audible at a distance of 50 feet and annoys or disturbs
the quiet, comfort or repose of persons in the vicinity of the area,
building, structure or vehicle from which such noise emanates.
(2)
The using of, operating of, or permitting to be played,
used or operated, any radio, receiving set, musical instrument, phonograph,
television set or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants and in such manner as to be plainly
audible at a distance of 50 feet from the area, building, structure
or vehicle in which it is located.
(3)
Sounding horns, squealing tires, or other vehicular
noises produced excessively or unnecessarily.
B.
No person or persons owning, leasing or controlling
the operation of any source or sources of noise shall permit the use
of such source to produce unnecessary noise, as herein previously
described.
C.
No person shall create or cause to be emitted any
airborne sound which, when measured by a sound level meter at any
lot line in a residential district, exceeds the following standards:
A.
This chapter shall apply to the use or occupancy of
any lot or structure except the following:
(1)
The intermittent or occasional use between 7:00 a.m.
through 8:00 p.m. of homeowner's light residential outdoor equipment
or commercial service equipment, provided that the equipment and its
use otherwise comply with this chapter, and the equipment is being
operated for its intended use.
(2)
Construction activities between 7:00 a.m. through
8:00 p.m. and the associated use of construction devices, provided
that such activities and the use of such equipment otherwise comply
with this chapter.
(3)
Agriculture.
(4)
The ringing of church bells or chimes used in conjunction
with religious or education purposes.
(5)
The operation of sirens, horns or other alarms when
used for the purpose of alerting persons to the existence of an emergency
and the passage of vehicles.
(6)
The emission of sound in performance of emergency
work.
(7)
Temporary uses as may be granted by permit.
(8)
Official public celebrations.
(9)
Noise of lawful aircraft flight operations.
(10)
The lawful operation of any properly equipped
motor vehicles on any public way, subject to the applicable sections
of the Vehicle and Traffic Law that refer to noise.
(11)
Audible exterior burglar alarms in operation
for 10 minutes or less.
B.
The exceptions to the standards provided for in this
chapter shall not be construed to exempt any source of noise from
the provisions of this chapter under the definitions of "unnecessary
noise" or "person."
Persons committing any act prohibited by this
chapter shall be guilty of a violation and, as such, shall be punishable
by a sentence of up to 15 days in jail, or a fine of up to $250, or
both.