[HISTORY: Adopted by the Town Board of the
Town of Fallsburg 12-18-2023 by L.L. No. 10-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 197,
Noise, adopted by L.L. No. 5-1993 (Ch. 65, Art. I, of the 1971 Code), as amended.
This chapter shall be known as the "Town of Fallsburg Noise
Control Local Law."
The proliferation of unreasonably loud noises in the Town of
Fallsburg of such character, intensity, duration or repetition as
to be detrimental to the life, health or safety of any individual
or of the public has reached such proportions that the Town, pursuant
to the authority granted to it in state enabling statutes and in the
New York Constitution, Article 9, § 2, to preserve, protect
and promote the public health, safety and welfare, has adopted this
noise control chapter which pursuant to the standards hereinafter
set forth shall delineate permitted and prohibited noise levels within
the Town.
For the purposes of this chapter, the terms used herein shall
be defined as follows:
The frequency-weighted sound pressure level (in decibels)
measured on a sound level meter with an A-weighted scale as specified
in the American National Standards Institute (ANSI) Specifications
for Sound Level Meters (ANSI No. 4-1971).
A machine or device that draws in air and compresses it for
delivery at a higher pressure.
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
The American National Standards Institute or its successor
bodies.
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public
or private highways, roads, premises, parks, utility lines or other
property, including but not limited to related activities such as
land clearing, grading, earthmoving, excavating, blasting, filling
and landscaping.
Any location, including land and water, where construction
takes place.
A unit for measuring the volume of sound equal to 20 times
the logarithm to the base of 10 of the ratio of the pressure of the
sound measured to the reference pressure which is 20 micropascals
(20 micronewtons per square meter).
A public calamity or the exposure of any person or property
to imminent danger.
Work or activity that is necessary to prevent or recover
from an emergency, including but not limited to work to repair electric,
gas, water, sewerage and telephone services.
The A-weighted sound level measured with slow response that
is exceeded 10% of the time.
The A-weighted sound level measured with slow response that
is exceeded 50% of the time.
The A-weighted sound level measured with slow response that
is exceeded 90% of the time.
The logarithm of the ratio of a quantity to a reference of
the same kind. The base of the logarithm is 10. The kind of level
and the reference must be specified.
The weight of the vehicle unladen, plus the weight of the
maximum load to be carried by such vehicle during the registration
period or the maximum gross weight for which the vehicle is registered,
whichever is greater (New York State Vehicle and Traffic Law).
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power (New York State
Vehicle and Traffic Law).
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor (New York State Vehicle
and Traffic Law).
A device for abating the sound of escaping gases of an internal
combustion engine or other sound source.
A sound of short duration punctuated by pauses of indefinite
duration; for example, a power saw.
Bursts of sound usually of less than one second's duration;
for example, explosions and gunshots, which significantly exceed the
ambient sound level of the area.
An area adjacent to a site, including but not limited to
any authorized school, church, senior citizen center, day-care center
or hospital, which requires specific noise limitations.
Any person who has regular control of a device or site, including
but not limited to the owner of a freehold of the premises or lesser
estate therein or mortgages thereof or an agent or lessee of such
person.
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.
Any highway, road, street, avenue, alley, public place, public
driveway or any other public way (New York State Vehicle and Traffic
Law).
A railroad operated for public use for conveying people or
property for compensation, and includes all material and facilities
used therewith.
Any vehicle which is propelled by any power other than muscular
power that is designated for or capable of cross-country travel, such
as a motorcycle, trail bike or minibike, but not a snowmobile. A recreational
vehicle is also classed as a motor vehicle when such recreational
vehicle is operated or driven upon a public highway.
Any vehicle which is designated to be used or is actually
used to compact and transfer refuse, recyclables, garbage or trash.
Any self-propelled vehicle designed for travel on snow or
ice, steered by skis or runners and supported in whole or in part
by one or more skis, belts or cleats.
An oscillation in pressure, stress, particle displacement
or other physical parameter, in a medium with internal forces (American
National Standards Institute terminology).
The quantity in decibels measured by a sound level meter
satisfying the requirements of American National Standards Specifications
for Sound Level Meters, S1.4-1971. This publication is available from
the American National Standards Institute, Inc., 1430 Broadway, New
York, New York 10018, Sound level is the frequency-weighted sound
pressure level obtained with the standardized dynamic characteristic
fast or slow and weighting A, B or C; unless indicated otherwise,
the A-weighting with a slow response is understood.
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighing network for the measurement of sound
levels. Sound level meters shall conform to the requirements of ANSI
Specifications for Sound Level Meters, S1.4-1971, Types 1, 2, S1A
or S2A.
Twenty times the logarithm to the base 10 of the ratio of
the root mean squared pressure of a sound to a reference pressure
of 20 micropascals. The unit applied to this measure shall be the
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 equipment.
Any activity or device that produces sound.
The Town of Fallsburg, Sullivan County, New York.
The Clerk of the Town of Fallsburg, Sullivan County, New
York.
The Code of the Town of Fallsburg, Sullivan County, New York.
Any excessive or unusually loud sound which injures or endangers
the repose, health, peace or safety of a reasonable person or which
causes injury to animal life or damages to a person's property
or business.
A.Â
The factors which will be used to determine that noise is unreasonable
to a reasonable person are:
(1)Â
The noise occurs at night between 10:00 p.m. and 7:00 a.m., rather
than during the day;
(2)Â
The source of the sound is permanent, rather than temporary;
(3)Â
The noise is of a periodic or impulsive character, rather than continual
and steady;
(4)Â
The noise intrudes into a residential zoning district or an area
with sleeping facilities, including residences, apartments, motels,
hotels or college dormitories;
(5)Â
The duration of the noise is prolonged, rather than short;
(6)Â
The noise is reoccurring on an intermittent basis, rather than continual
and steady;
(7)Â
The noise is louder and more intense than the volume and intensity
of the background noise in the area; and
(8)Â
The noise is unnatural, rather than sound normally occurring in nature.
B.Â
Unreasonable noise shall be measured or determined at the adjoining
property line or, in the case of a multiple residence or multiple
dwelling, within adjoining or adjacent apartments or hallways.
It shall be prima facie that an act is a violation of this chapter
when a sound level meter indicates that the decibel level of a particular
activity is in excess of the standards hereinafter set forth. All
measurements will be made on the A-weighted sound level of a sound
level meter with a slow response.
Any person producing noise by loudspeaker, amplifier, horn,
or other similar device must have the ability to control the volume
of said device from the property or structure which is producing the
noise or must have the capability to change volume settings remotely,
if volume is controlled other than on-premises.
A.Â
No person shall make or continue or cause or permit to be made or
continued any unreasonable noise. Noncommercial public speaking and
public assembly activities conducted in any public space shall be
exempt from the operation of this section.
B.Â
The following acts and the causing thereof are declared to be in
violation of this chapter, but any enumeration herein shall not be
deemed to be exclusive:
(1)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 Town, except as a danger warning; or the use
of any signaling device or the use of any horn, whistle or other device
operated by engine exhaust, except when such device is used to give
notice of the time to stop and start work or school.
(2)Â
Radios, phonographs, televisions, etc.: the using, operating or permitting
to be played, used or operated of any radio receiving set, musical
instrument, phonograph or other machine or device for the producing,
reproducing, or amplification of sound in such a manner as to unreasonably
disturb the peace, quiet and comfort of the neighborhood inhabitants
or at any time with louder volume than is necessary for convenient
hearing for the person or persons who are in the room, vehicle or
chamber in which such machine or device is operated and who are voluntary
listeners thereto. The operation of any such set, instrument, phonograph,
machine or device in such a manner as to be plainly audible at a distance
of 50 feet from the source of the noise shall be prima facie evidence
of a violation of this section.
(3)Â
Loudspeakers and amplifiers for advertising: the using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
for the purpose of commercial advertising or attracting the attention
of the public to any building or structure.
(4)Â
Yelling, shouting, hooting, whistling or singing at any time or 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. Yelling and shouting clearly audible
at a distance of 50 feet from the source of the noise shall be prima
facie evidence of a violation of this section.
(5)Â
Animals, birds, etc.: the keeping of any animal or bird which, by
causing frequent or long-continued noise, disturbs the peace, quiet
and comfort of the neighborhood inhabitants. Animal or bird noises
audible at a distance of 50 feet from the source of the noise shall
be prima facie evidence of a violation of this section.
(6)Â
Air conditioning, air-handling devices and refrigeration units, including
those on trucks, audible at a distance of 50 feet.
(7)Â
Exhausts: the discharge into the open air of the exhaust of any steam
engine, internal combustion engine or other motor, motorboat or motor
vehicle, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(8)Â
Defect in vehicle or load: the use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such a manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
(9)Â
Loading/unloading of vehicles or opening boxes: the creation of any
unreasonably loud and excessive noise in connection with loading or
unloading any vehicle or the opening and destruction of bales, boxes,
crates and containers.
(10)Â
Construction or repairing of buildings: the erection (including excavation), demolition, alteration or repair of any building, including the use of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other equipment, the use of which is attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety and then only with a permit as provided for in Chapter 96 of the Town Code.
(11)Â
Schools, courts, houses of worship and hospitals: unless a permit has been issued pursuant to § 197-20, the creation of any excessive noise on any street adjacent to any school, institution of learning, house of worship or court while the same is 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 street indicating that the same is a school, hospital or court.
(12)Â
Hawkers and peddlers: the shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood.
Shouting and crying at an audible distance of 50 feet from the source
of the noise shall be prima facie evidence of a violation of this
section.
(13)Â
Musical instruments: The use of any musical instrument or device
for the purpose of attracting attention by the creation of noise to
any performance, show or sale audible at a distance of 50 feet from
the source of the noise shall be prima facie evidence of a violation
of this section.
(14)Â
Transportation of metal rails, pillars and columns: the transportation
of rails, pillars or columns or iron, steel or other material over
and along streets and other public places upon carts, trays, cars,
trucks or in any other manner so loaded as to be audible at a distance
of 50 feet from the source of the noise.
(15)Â
Testing of car alarms: The testing of automobile alarms through
the sounding of the alarm at an establishment for the installation
or repair of automobile alarms located within 100 feet of a residential
zoning district shall be prohibited, unless said testing occurs within
a building in an area within said building which has no open windows
or doors during the time of testing or unless a muffler has been attached
to said car alarm so as to prevent the emanation of unreasonable noise
which would disturb the quiet and comfort of the neighborhood inhabitants.
Noise audible at a distance of 50 feet from the source of the noise
shall constitute prima facie evidence of a violation of this section.
(16)Â
The operation of any electric-powered motor or device, the operation
of which causes unreasonable noise so as to disturb the peace, quiet
and comfort of the neighborhood inhabitants. Noise audible at a distance
of 50 feet from the source of the noise shall constitute prima facie
evidence of a violation of this section.
A.Â
It shall be unlawful for any person to operate or cause to be operated
on a public highway any motor vehicle or combination of vehicles at
any time, under any condition of grade, load, acceleration or deceleration,
in such a manner as to exceed the applicable A-weighted sound level
set forth in this section. The maximum allowable sound levels are
based on a sound level measured at a distance of 50 feet from the
center of the lane in which the motor vehicle is traveling. These
limits shall apply to the total sound level emitted.
B.Â
This section shall not apply to authorized emergency vehicles.
|
Maximum Allowable A-Weighted Sound Levels
(Environmental Protection Agency Regulations)
| ||
|---|---|---|
|
Vehicle
|
35 mph or less
|
Greater than 35 mph
|
|
Any vehicle or combination of vehicles with a maximum gross
weight in excess of 10,000 pounds
|
86 db(A)
|
90 db(A)
|
|
Any motorcycle
|
82 db(A)
|
86 db(A)
|
|
Any other motor vehicle or combination of vehicles
|
76 db(A)
|
82 db(A)
|
A.Â
It shall be unlawful for any person to operate or cause to be operated
on a public highway any motor vehicle or combination of vehicles with
a maximum gross weight in excess of 10,000 pounds and equipped with
an engine speed governor which generates an A-weighted sound level
in excess of 88 db(A), measured at a distance of 50 feet from the
longitudinal center line of the vehicle, when its engine is accelerated
from idle with a wide-open throttle to governed speed with the vehicle
stationary, transmission in neutral and clutch engaged (Environmental
Protection Agency regulations).
B.Â
This section shall not apply to authorized emergency vehicles.
No person shall operate or permit to be operated a refuse-collecting
vehicle which, when collecting or compacting, exceeds a sound level
of 80 db(A) at a distance of 10 feet from any surface of the collecting
or compacting unit.
No person shall operate or permit to be operated any recreational
vehicle off a public highway at any time, at any speed or under any
condition of grade, load, acceleration or deceleration or in any manner
whatsoever, as to exceed the sound level limits set forth in the following
tables for the specified date of manufacture. The limits shall apply
at a distance of 50 feet from such recreational vehicle.
|
Recreational Vehicles
|
Sound Level Limit
| |
|---|---|---|
|
Date of Manufacture
|
Displacement less than 240 cc
|
Displacement greater than 240 cc
|
|
6/1/1970 to 5/31/1973
|
89 db(A)
|
92 db(A)
|
|
6/1/1973 to 5/31/1978
|
87 db(A)
|
90 db(A)
|
|
6/1/1978 to 5/31/1983
|
83 db(A)
|
86 db(A)
|
|
6/1/1983 and after
|
76 db(A)
|
77 db(A)
|
|
Snowmobiles
| |
|---|---|
|
Date of Manufacture
|
Sound Level Limit*
|
|
6/1/1972 to 5/31/1975
|
82 db(A)
|
|
6/1/1975 to 5/31/1978
|
78 db(A)
|
|
6/1/1978 and after
|
73 db(A)
|
|
*
|
No distinctions made as above as to displacement.
|
No person shall operate or permit to be operated any railroad
locomotive, cars, or any other rolling stock or equipment so as to
cause a violation of the allowable sound levels adopted by the federal
government.
No person shall operate or permit to be operated any aircraft
so as to cause a violation of the Federal Aviation Administration's
certified noise levels as presented in Advisory Circular 36-1 and/or
in all future revisions and publications.
No person shall operate or permit to be operated an air-conditioning
or air-handling device that exceeds the maximum sound-level limitations
provided in this section.
A.Â
In areas zoned residential, single-family or multiple-dwelling units,
continuous sound in air which has crossed the property line shall
not exceed 55 db(A) at any point.
B.Â
The provisions of this section shall not apply if the sound from
the air conditioner or air-handling device produces less than a five
db(A) increase in the sound level that exists in the absence of such
sound. (Provisions agree with recommendations of the Environmental
Protection Agency and the Air Conditioning and Refrigeration Institute.)
No person shall operate or permit to be operated an air compressor
unless a muffler certified by the manufacturer of such muffler to
provide a dynamic insertion loss of not less than 20 db(A) of the
sound emitted from the exhaust of such compressor is installed on
such exhaust.
No person shall operate or permit to be operated a paving breaker
manufactured prior to December 31, 1974, other than one operated electrically
or hydraulically, unless a muffler certified by the manufacturer of
such muffler to provide a dynamic insertion loss of five db(A) of
the sound emitted from the air exhaust of such paving breaker is installed
on such air exhaust.
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, or similar venue in which the sound
level is equal to or exceeds 95 db(A) for more than 30 seconds at
the location of the spectators.
No person shall operate or permit to be operated in a zoning
district, as defined in the Town of Fallsburg Zoning Code,[1] any device or cause or permit any sounds that produce
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
an A-scale decibel level. The measurement shall be conducted at the
property line on which such noise is generated or perceived, whichever
is appropriate as determined by the Code Enforcement Officer, the
Code Enforcement Officer's designee(s), or Town police officer,
in a residential district, or at the boundary lines of the receiving
zoning district. The provisions of this section shall not apply to
areas of federal preemptions.
A.Â
Residential zoning districts, including PUD, PRD and REC Districts.
(1)Â
During the hours of 8:00 a.m. to 10:00 p.m., noise levels within
any residential zoning district shall not exceed 65 db(A) or an L10 in excess of 60 db(A).
(2)Â
During the hours of 8:00 p.m. to 10:00 a.m., noise levels within
any residential zoning district shall not exceed 55 db(A) or an L10 in excess of 50 db(A).
B.Â
Other than industrial zoning districts. Noise levels within any nonresidential
zoning districts shall not exceed 65 db(A) or an L10 of 60 db(A).
C.Â
Industrial zoning districts.
(1)Â
Noise levels within any industrial zoning districts shall not exceed
70 db(A) for a duration of 24 hours per day.
(2)Â
At no point on the boundary of a residential zoning district shall
the sound level of any industrial operation exceed the following levels:
|
District
|
Measured
|
Level
|
|---|---|---|
|
I
|
At residential district boundary
|
60 db(A)
|
(3)Â
At no point on the boundary of a nonresidential district shall the
sound level of any industrial operation exceed the following levels:
|
District
|
Measured
|
Level
|
|---|---|---|
|
I
|
At commercial district boundary
|
65 db(A)
|
D.Â
Construction sites. No person shall conduct or permit to be conducted
activities, such as the erection, including excavation, demolition,
alteration or repair, of any building and land disturbance other than
between 7:00 a.m. and 6:00 p.m. on weekdays, except in the event of
urgent necessity in the interest of safety and then only provided
a permit in writing has been issued by the Building Department, in
a manner as to produce a sound level exceeding the limitations in
this section.
(1)Â
Residential zoning districts. During the hours of 8:00 a.m. to 10:00
p.m. on weekdays, noise levels from a construction site shall not
exceed an L10 of 70 db(A) when measured at
a distance of 400 feet from the construction site; during the hours
of 10:00 p.m. to 8:00 a.m., on weekends, noise levels shall not exceed
an L10 of 55 db(A) when measured at a distance
of 400 feet from the construction site.
(2)Â
Nonresidential zoning districts. During normal business hours, noise
levels shall not exceed an L10 of 75 db(A)
when measured at a distance of 400 feet from the construction site;
during other than normal business hours, noise levels shall not exceed
an L10 of 80 db(A) when measured at a distance
of 400 feet from the construction site.
(3)Â
Industrial zoning district. During a twenty-four-hour period, noise
levels shall not exceed 80 db(A) when measured at the construction
site boundary.
E.Â
Noise-sensitive zones. No person shall cause or permit the creation
of any unnecessary noise exceeding 55 db(A) on any street, sidewalk
or public place adjacent to any school, church, senior citizen center
or authorized day-care center while in use or adjacent to any hospital
at any time.
Applications for permits for relief from the noise level provisions
of this chapter on the basis of undue hardship shall be made to the
Code Enforcement Officer of the Town of Fallsburg. Any permit granted
shall contain all conditions upon which said permit has been granted,
shall specify a reasonable time that the permit shall be effective
and shall include a time schedule for the installation of noise abatement
procedures or devices. In determining whether to grant a permit, the
hardship of the applicant should be balanced against the adverse impact
on the health, safety and welfare of the persons and property affected.
A permit may be granted if it is found:
A.Â
That additional time is necessary for the applicant to alter or modify
his activity or operation to comply with this chapter; or
B.Â
That no other reasonable alternative is available to the applicant;
and
C.Â
The activity, operation or noise source will be of temporary duration
and cannot be done in a manner that would comply with this chapter.
A public hearing may be held if there is sufficient public interest
concerning an application for a permit.
The provisions of this chapter shall be enforced by the Town
Code Enforcement Office and the Police Department of the Town of Fallsburg,
and they shall have the power to:
A.Â
Order any person to cease and desist from any activity which causes,
or is conducted so as to cause, a violation of any provision of this
chapter;
B.Â
Seal any device, after obtaining the proper judicial order, which
causes, or is maintained or operated so as to cause, a violation of
any provision of this chapter; and
C.Â
Issue a notice of violation and/or appearance ticket to the individual
or entity allegedly violating any provision of this chapter to appear
before the Town of Fallsburg Justice Court.
A.Â
Any person violating any of the provisions of this chapter shall
be deemed guilty of a violation and, upon conviction thereof, shall
be fined in an amount not exceeding $1,000 or be imprisoned for a
period not exceeding 15 days, or by both such fine and imprisonment.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such. Further,
the Town Board may seek civil monetary penalties and injunctive relief,
as follows:
B.Â
Injunctive relief. An action or proceeding may be instituted in the
name of the Town of Fallsburg, in a court of competent jurisdiction,
to prevent, restrain, enjoin, correct, or abate any violation of,
or to enforce, any provision of this chapter, or any term or condition
pursuant to any provision of this chapter. In particular, but not
by way of limitation, where a violation of this chapter occurs, an
action or proceeding may be commenced in the name of the Town of Fallsburg,
in the Supreme Court or in any other court having the requisite jurisdiction,
to obtain an order directing compliance with this chapter or remediation
of the condition in violation of such provisions.
If any clause, provision, section or part of this chapter is
held to be unconstitutional or invalid by any court, the remaining
clauses, provisions, sections, and parts of this chapter shall not
be invalidated.
