[HISTORY: Adopted by the Town Board of the Town of Southeast 7-29-2010 by L.L. No.
3-2010. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Noise Ordinance
of the Town of Southeast, New York."
The purpose of this chapter is to prevent the generation of
excessive, unnecessary or unusually loud noise within the Town of
Southeast, for the purpose of preserving, protecting and promoting
the public health, comfort, convenience, safety, welfare, and prosperity
of its inhabitants.
This chapter regulates and restricts the generation of noise
within the Town of Southeast outside the limits of the Incorporated
Village of Brewster.
A.Â
Certain words used in this chapter are defined and explained in definitions
which follow, and the other words in this chapter shall have the meanings
commonly attributed to them. Doubts as to the precise meaning of words
in this chapter shall be determined by the Code Enforcement Officer,
in a written letter, giving due consideration to the expressed intent
and purpose of the chapter.
B.Â
A-WEIGHTED SOUND LEVEL
AMBIENT NOISE
AUTHORIZED EMERGENCY VEHICLE
CALIBRATION
CLASS A (RESIDENTIAL)
CLASS B (RETAIL/COMMERCIAL)
CLASS C (OFFICE/WAREHOUSE/LIGHT INDUSTRIAL)
COMMERCIAL OPERATION
CONSTRUCTION
CONTINUOUS SOUND
DAYTIME
DBA
DEVICE
DISCRETE TONE
EMERGENCY
EMERGENCY OPERATIONS
EMERGENCY WARNING DEVICE
EMERGENCY WORK
EQUIVALENT SOUND PRESSURE LEVEL (Leq)
FAST RESPONSE
GENERATING LAND
IMPULSIVE SOUND
INDUSTRIAL OPERATION
L1
LEQ
LEQ(1hr)
MAXIMUM SOUND LEVEL
NIGHTTIME
NOISE DISTURBANCE
(1)Â
(2)Â
(3)Â
OUTDOOR AMPLIFIED NOISE
OWNER
PERSON
PLAINLY AUDIBLE
PUBLIC HIGHWAY
PUBLIC PLACE
REAL PROPERTY BOUNDARY
RECEIVING LAND
SOUND LEVEL
SOUND LEVEL METER
UNREASONABLE NOISE
For the purpose of this chapter, the following definitions shall
apply:
The sound pressure level measured with a meter using an "A-Weighted"
frequency response as prescribed by the American National Standards
Institute (ANSI), or its successor. A-Weighting is used to approximate
the average human ear's response to a range of sound frequencies.
The background average noise level within an area exclusive
of any extraneous sounds.
Every ambulance, police, fire or civil defense emergency
vehicle.
[Amended 4-21-2022 by L.L. No. 2-2022]
The checking of the calibration of the microphone and electronics
of a sound level measuring device using an appropriate calibrator
traceable to National Institute of Standards and Technology (NIST)
criteria.
Lands and structures which are used by people for living
and sleeping overnight on a regular basis. This class shall include
lands within the RMF, R-20, R-40, R-60, R-80, R-160, and LTW Zoning
Districts.
Lands intended primarily for retail and commercial uses.
"Class B" shall include lands within the RC, RC-2, NB, GC, HC, SR-6
and SR-22 Zoning Districts.
[Amended 4-21-2022 by L.L. No. 2-2022]
Lands intended primarily for office, warehouse, and light
industrial uses. "Class C" shall include lands within the ED, OP-1,
OP-2, and OP-3 Zoning Districts.
Any business or commercial activity that involves the purchase
or utilization of goods or services.
Any activity necessary or incidental to the erection, demolition,
assembly, alteration, or equipping of buildings, public or private
highways, roads, premises, parks, utility lines or other property.
Construction shall include the excavation, clearing, filling or grading
of land or the placement or removal of earth, stone or building material
of any kind, whether or not the work involves the use of machinery
or power tools. The term "construction" shall not mean the performance
of necessary emergency repairs.
[Amended 4-21-2022 by L.L. No. 2-2022[1]]
Any sound that is not an impulsive sound.
From 7:00 a.m. to 8:00 p.m.
The abbreviation for A-weighted sound level in decibels.
Any machine, mechanism, or equipment which is intended to
or which actually produces sound or vibration.
A sound wave whose instantaneous sound pressure varies essentially
as a simple sinusoidal function of time. Such sound wave may exist
alone or as a component of a complex sound wave.
A public calamity, utility services failure, or an exposure
of any person or property to actual or immediate danger.
The operation or parking of an authorized emergency vehicle,
when such vehicle is engaged in response to an emergency. "Emergency
operations" shall not include return from such service.
Any sound-generating device that is designed to be used to
warn of an emergency.
The work or activity that is necessary to prevent or recover
from an emergency, including but not limited to work to repair electric,
gas, water, sewer, or telephone services.
The steady sound level that, over a specified period of time,
would produce the same energy equivalence as the fluctuating sound
level actually occurring.
The characteristics of a sound level meter which allows for
accurate measurement of impulsive sound such as horn blasts, firearm
discharge or vehicle pass-by.
The land whereon the sound is being generated or emitted.
A sound characterized by excursions of the sound pressure
which exceed the ambient sound, by six or more decibels, but last
two seconds or less.
The production, fabrication, and storage of manmade goods,
and the production, transformation and storage of energy in all forms.
The sound pressure level that is exceeded 1% of the time
during the measurement period.
[Added 4-21-2022 by L.L.
No. 2-2022]
See "equivalent sound pressure level".
The Leq noise level for a specific one-hour period.
The recorded or noted maximum RMS (root-mean-square) sound
pressure level noted using an instrument which meets the requirements
of the ordinance.
From 8:01 p.m. to 6:59 a.m.
Any sound which:
[Added 4-21-2022 by L.L.
No. 2-2022]
Is of a kind or nature that has the reasonable possibility of
endangering or injuring the safety or health of humans or animals;
or
Intends to cause public inconvenience, annoyance or alarm that
a person of normal sensitivities would not tolerate; or
Endangers or injures personal or real property.
Any sounds that are projected mechanically or electronically
from a property to other properties, including announcements, music,
or entertainment.
[Added 4-21-2022 by L.L.
No. 2-2022]
Any person who has regular control of a device or site, including,
but not limited to, the owner freehold of the premises or lesser estate
therein, or an agent 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 sound that can be detected by a person using his or her
unaided hearing faculties. As an example, if the sound source under
investigation is outdoor amplified noise from a home stereo system,
the Code Enforcement Officer or responding law enforcement officer
need not determine the title of a song, specific words, or the artist
performing the song. The detection of the rhythmic base component
of the noise is sufficient to constitute a plainly audible sound.
[Added 4-21-2022 by L.L.
No. 2-2022]
Any highway, road, street, avenue, alley, public driveway,
or any other public way.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
An imaginary line exterior to any structure, along the ground
surface, which separated the real property owned by one person from
that owned by another person, and the vertical extension of such line.
The property line of the real property where the sound is
being heard, and where appropriate level of restrictions apply. In
the case of an apartment, townhouse, or condominium, the point-of-measurement
is within the affected unit.
The quantity, in decibels, measured using an instrument satisfying
the requirements of ANSI S1.4-1983 (R2006). "Sound level" is the frequency-weighted
(see "A-weighting") or one-third-octave band sound pressure level
obtained with "fast" or "slow" response.
[Amended 4-21-2022 by L.L. No. 2-2022]
An instrument designed to detect and measure sound pressure
levels and display this information in decibels, in an analog or digital
form. An instrument meeting the requirements of this code shall conform
to the requirements of ANSI S1.4-1983 (R2006), Type 1 or Type 2.
Any sound which by reason of its duration, intensity, or
the hour of the day or night inappropriately interferes with the quiet
enjoyment and repose of nearby properties and the reasonable expectations
of privacy of inhabitants of such properties as determined by the
Code Enforcement Officer or responding law enforcement officer. Any
sound that exceeds the noise thresholds of this chapter shall be considered
unreasonable noise.
[Added 4-21-2022 by L.L.
No. 2-2022]
[1]
Editor's Note: This local law also repealed the former definitions
of "construction activity" and "construction work," both added 6-4-2015 by L.L. No. 5-2015, which immediately followed this definition.
[Amended 9-27-2012 by L.L. No. 9-2012; 6-4-2015 by L.L. No. 5-2015; 4-21-2022 by L.L. No. 2-2022[1]]
It shall be unlawful for the owner or occupant of any parcel
of land to create or permit the creation of unreasonable noise or
sound which exceeds the levels shown on the following table for receiving
land use:
A.Â
Continuous sound. Maximum sound level in dBA, slow response receiving
land use category:
Class
|
Day
|
Night
|
---|---|---|
Class A (Residential)
|
65
|
55
|
Class B (Retail/commercial)
|
70
|
60
|
Class C (Office/warehouse/light industrial)
|
80
|
70
|
B.Â
Impulsive sound. Maximum sound level in dBA, fast response receiving
land use category:
Class
|
Day
|
Night
|
---|---|---|
Class A (Residential)
|
75
|
65
|
Class B (Retail/commercial)
|
80
|
70
|
Class C (Office/warehouse/light industrial)
|
90
|
80
|
C.Â
With impulsive noise, the following adjustment in the allowable maximum
levels shall apply:
D.Â
General conditions.
(1)Â
For the purposes of evaluating § 96-5A and B above, sound levels shall be determined at the property line of the lot from which the noise is emitted. Sound measurements shall be taken at the property line for twenty-minute durations. The calculated time-weighted one-hour average [Leq(1hr)] shall be the measurement parameter used to identify any violations of these subsections.
(2)Â
In the event that the background noise (ambient) level for a given
land use exceeds the standards above, the following maximum sound
levels, measured using the criteria above, shall apply:
E.Â
Plainly audible unreasonable noise prohibited. Notwithstanding the
above, no person shall make, cause, allow, or permit to be made any
plainly audible unreasonable noise within the geographical boundaries
of the Town except as otherwise provided herein. The standards to
be considered by the Code Enforcement Officer or responding law enforcement
officer in determining whether a plainly audible unreasonable noise
exists include the following:
(1)Â
The volume of the noise;
(2)Â
The frequency of the noise;
(3)Â
The periodicity of the noise;
(4)Â
Whether the noise is unusual and incongruous with the surrounding
environment;
(5)Â
The volume and frequency of the ambient noise, if any;
(6)Â
The proximity of the noise source to any residential, educational,
medical, institutional, or religious facility;
(7)Â
The use, nature and character of the zoning district of the immediate
area where the noise source exists;
(8)Â
The time of day or night the noise occurs; and
(9)Â
The duration of the noise.
F.Â
Outdoor amplified noise.
(1)Â
Unless expressly granted authority to do so by a noise permit issued
by the Code Enforcement Officer pursuant to criteria specified in
this chapter, no person shall commercially or privately generate outdoor
amplified noise, as defined herein, at any time of day.
(2)Â
For the purposes of evaluating outdoor amplified noise, sound levels
shall be determined at a receiving land. Sound measurements shall
be taken at the receiving land for between two and five minutes. The
L1 shall be the measurement parameter used to identify any violations
of this subsection.
(3)Â
No person shall operate or use or cause to be operated any loudspeaker,
public address system or similar amplification device at a sound level
in excess of 55 dBA or in excess of 45 dBA in any one-third-octave
band having a center frequency between 63 Hz and 500 Hz (ANSI bands
numbers 18 through 27, inclusive) when measured at or within the real
property line of the receiving property between the hours of 8:01
p.m. and 6:59 a.m.
The following activities shall be exempt from the provisions
of this Code:
A.Â
Operation of commonly used maintenance items such as mowers, blowers,
trimmers, brush cutters, edgers, pruners, chainsaws, and pressure
washers Monday through Friday between the hours of 8:00 a.m. and 9:00
p.m., and Saturday and Sunday between the hours of 9:00 a.m. and 8:00
p.m.
B.Â
Operation of snowblowers.
C.Â
Operation of agricultural equipment or devices between the hours
of 6:00 a.m. and 10:00 p.m.
D.Â
Noise-producing construction activity or work Monday through Friday,
7:00 a.m. to 8:00 p.m., and Saturday from 9:00 a.m. to 5:00 p.m.
E.Â
An individual may perform construction activities him/herself on
a residential property on which such individual resides on Sunday
from 9:00 a.m. to 5:00 p.m.
G.Â
A sound agricultural practice regardless of the hour of the day.
H.Â
Emergency backup generators in operation during a power outage or
during periods of cycling or periodic maintenance.
I.Â
Fireworks on Independence Day and New Year's Eve.
J.Â
Operation of golf course maintenance equipment between the hours
of 6:00 a.m. and 10:00 p.m.
A.Â
Enforcement of this Code shall be effected using a sound pressure
level meter (sound level meter) or logging dosimeter meeting or exceeding
the requirements of ANSI S1.4-1983 (R2006) Type I or Type 2, with
a dynamic range consistent with the measurements being taken, A-scale
weighting, one-thired-octave band analysis, a fast and slow response
constant, and the capability for measuring statistical noise levels
(e.g., L1). If used, a logging dosimeter shall have the ability to
operate on an exchange rate of three.
B.Â
The meter shall be calibrated using a calibrator properly fitted
to the sound-measuring instrument being used, traceable to NIST, and
having an accuracy of +/-0.4 dBA or better.
C.Â
Enforcement officers shall be trained in the proper calibration and
use of the instrument.
The Code Enforcement Officer is authorized to issue a noise
permit for an activity which would otherwise create an unlawful noise
level under this chapter.
A.Â
Such permit may be issued only upon the written application of the
owner or legal occupant of the land or premises where the sound is
to be generated, such application specifically stating:
(1)Â
The source of the anticipated sound.
(2)Â
The anticipated level of the sound at the property line of both the
closest and the highest class receiving land use within one mile.
(3)Â
The times of day or night when the noise is to occur.
(4)Â
The land class from when the noise is to emanate.
(5)Â
The anticipated duration of the noise.
(6)Â
Whether the noise is impulsive or continuous in nature.
(7)Â
The presence of discrete tones.
(8)Â
Whether alternate methods are available to achieve the objective
of the sound-producing activity.
(9)Â
What sound abatement steps have been taken.
(10)Â
The benefit of the activity to the Town of Southeast and its residents.
B.Â
Such noise permit will be issued at the sole discretion of the Code
Enforcement Officer, so as to minimize the inconvenience and disturbance
of the affected residents.
C.Â
Noise permits are for individual discrete activities, such as fireworks
display or festival on a specific date, and not for the prolonged
or repeated emanation of noise in excess of the thresholds established
by this chapter. The Code Enforcement Officer shall include an expiration
date on all noise permits. Each property shall only apply for one
noise permit per year for an event not to exceed one day.
It shall be unlawful for the owner of or occupant of any motor
vehicle to allow or operate a radio, sound amplifier or similar device
which produces, reproduces or amplifies sound such that the sound
coming from said device is heard at a point 50 feet from such motor
vehicle.
Any person who shall violate any provision of this chapter shall
be guilty of an offense and upon conviction thereof shall be subject
to a fine of not more than $250, or by imprisonment not exceeding
15 days, or both such fine and imprisonment.