[HISTORY: Adopted by the Town Board of the Town of Chester 2-10-2021 by L.L. No. 1-2021. Amendments noted where applicable.]
This chapter shall be cited and may be referred to hereinafter
as the "Noise Pollution Control Law of the Town of Chester."
It is the intention of the Town Board of the Town of Chester
by the adoption of this chapter to establish and impose restrictions
upon the creation of excessive, unnecessary or unusually loud noise
within the Town of Chester. These restrictions shall further secure
and promote the public health, comfort, safety, welfare and peace
and quiet of the Town of Chester and its residents.
In accordance with § 10 of the New York State Municipal
Home Rule Law, the Town Board of the Town of Chester has the authority
to enact and amend such local laws as necessary for the promotion
of health, safety and general welfare of the Town of Chester and its
residents.
As used in this chapter, the following terms shall have the
meanings indicated:
The sound pressure level in decibels as measured on a sound
meter using the A-weighting network slow response. The level so read
is designated as dB(A).
An area where offices, clinics and the facilities needed to serve them are located; an area with local shopping and service establishments; a tourist-oriented area where hotels, motels and gasoline stations are located; a business strip along a main street containing offices, retail businesses and commercial enterprises; and other commercial enterprises and activities which do not involve the manufacturing, processing or fabrication of any commodity. "Commercial District" shall include, but not be limited to, any parcel of land zoned commercial under Chapter 98 of the Town Code of the Town of Chester.
"Commercial purpose" shall include the use, operation or
maintenance of any sound-amplifying equipment for the purpose of advertising
for any business, any goods or any services or for the purpose of
attracting attention of the public to or advertising for or soliciting
the patronage of customers to or for any performance, show, entertainment,
exhibition, or event, or for the purpose of demonstrating any such
sound equipment.
Any and all activity incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, structures,
roads or appurtenances thereto, including land clearing, grading,
excavating and filling.
A steady, fluctuating or impulsive noise which exists, essentially
without interruption, for a period of 10 minutes or longer, with an
accumulation of an hour or more over a period of eight hours.
A unit of measurement for sound pressure level. The number
of decibels of a measured sound is equal to 20 times the logarithm
to the base 10 of the ratio of the sound pressure of the measured
sound to the sound pressure of a standard sound (20 micro pascals).
Decibels shall be abbreviated to "dB."
Any mechanism which is intended to produce or which actually
produces sound when operated or handled.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
attention.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
The sound pressure level of a fluctuating noise which varies
more than six dB(A) during the period of observation when measured
with the slow meter characteristic of a sound-level meter.
A sound of short duration, usually less than one second,
with an abrupt onset and rapid decline. Examples of sources of impulsive
sound include explosions, drop forge impacts and the discharge of
firearms.
An area in which enterprises and activities which involve the manufacturing, processing or fabrication of any commodity are located. "Industrial District" shall include, but be limited to, any parcel of land zoned as an industrial district under Chapter 98 of the Town Code of the Town of Chester.
Any vehicle such as, but not limited to, a passenger vehicle,
truck, truck trailer, trailer or semi-trailer, propelled or drawn
by mechanical power, and shall include motorcycles, snowmobiles, minibikes,
go-carts and any other vehicle which is self-propelled.
Incessant or repeated sounds that have the effect of endangering
or injuring the safety or health of humans or animals, or annoy or
disturb a reasonable person of normal sensitivities, or tend to cause
an adverse psychological or physiological effect on humans, or endanger
or injure personal or real property, or is in excess of 85 dB.
The use, operation or maintenance of any sound equipment
for other than a commercial purpose. "Noncommercial purpose" shall
mean and include, but not be limited to, philanthropic, political,
patriotic and charitable purposes.
Any individual, association, partnership or corporation,
including any officer, employee, department, agency or instrumentality
of the state or any political subdivision of a state.
A line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that real
property owned by another person, but not including intrabuilding
real property divisions.
An area of single-family or multifamily dwellings and shall
include areas where multiple-unit dwellings, high-rise apartments
and high-density residential districts are located. "Residential District"
shall include, but not be limited to, hospitals, nursing homes, residences
for the aged, schools, courts and similar institutional facilities.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of "sound" may include any characteristics of such sound, including
duration, intensity and frequency.
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,
loudspeaker, public address system or any other sound-amplifying device.
Any person, animal, device, operation, process, activity
or phenomenon which emits or causes sound.
An instrument, including a microphone, an amplifier, an output
meter and frequency weighting networks for the measure of sound levels.
Any excessive or unusually loud sound in excess of 85 dB,
or any sound which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of a reasonable person of
normal sensitivities or which causes injury to animal life or damage
to property or business. Standards to be considered in determining
whether an unreasonable 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 usual or unusual.
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 areas within which
the noise emanates.
The time of the day or night in which the noise occurs.
The time duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or impulsive.
No person, with the intent to cause public inconvenience, annoyance
or alarm, or recklessly creating a risk thereof shall cause, suffer,
allow or permit to be made unreasonable noise. For purposes of this
chapter, unreasonable noise is any disturbing, excessive, or offensive
sound that disturbs a reasonable person of normal sensitivities. The
following acts are declared to be prima facie evidence of a violation
of this chapter. This enumeration shall not be deemed exclusive.
A.
Any noise disturbance or unreasonable noise from any source between
the hours of 9:00 p.m. and 7:00 a.m. on weekdays, and between the
hours of 11:00 p.m. and 8:00 a.m. on weekends.
B.
Noise disturbance or unreasonable noise from a dog or other pet animal that is continuous and exceeds 15 minutes in duration, in further compliance with Town of Chester Code § 42-4B.
C.
Noise disturbance or unreasonable noise from a burglar alarm or other
alarm system of any building, motor vehicle, or boat which is continuous
and exceeds 15 minutes in duration.
D.
Noise disturbance or unreasonable noise from any sound reproduction
system, operating or playing any radio, portable radio or tape player,
television, tape deck, CD player or similar device that reproduces
or amplifies sound in such a manner as to cause unreasonable noise
to be heard over any property line.
E.
The erection, including demolition, alteration or repair or construction
of any building causing noise disturbance or unreasonable noise, other
than between 7:00 a.m. and 8:00 p.m. weekdays and 8:00 a.m. and 8:00
p.m. on weekends, except in case of a public safety and emergency.
F.
Opening and excavations: Refer to Chester Town Code § 81-6, Prohibited hours of operation. In any residence district, no operation authorized under this chapter shall be permitted on Sundays or legal holidays nor before 8:00 a.m. or after 5:00 p.m. on other days. In any business or industrial district, no operation authorized under this chapter shall be conducted on Sunday, except where otherwise permitted by law. The Superintendent of Highways, in his discretion, may vary/modify the application of this provision as occasion and/or necessity may demand.
G.
The operation of power equipment in residential zones outdoors between
the hours of 7:00 p.m. and 7:00 a.m. the following day, and on weekends
between 7:00 p.m. and 8:00 a.m. the following day which causes a noise
disturbance or unreasonable noise.
H.
The sounding of any horn or signaling device of an automobile, motorcycle
or other vehicle for any unnecessary or unreasonable period of time
which causes a noise disturbance or unreasonable noise.
I.
The making of a noise disturbance or unreasonable noise or operating
an automobile or motorcycle in such a manner as to cause high-pitched
shrieking or other noise disturbance or unreasonable noise.
J.
Vendors offering for sale anything by shouting or outcrying upon
the public streets and sidewalks.
K.
Noise generated from the use of any fireworks, or any other form
of pyrotechnic or explosive devices, not being employed as part of
a lawfully permitted fireworks display.
L.
No person shall operate, or permit to be operated, any device that
has been modified so as to cause the sound emitted from such device
to be greater than that emitted by such device as originally manufactured.
The provisions of this chapter shall not apply to the following
acts:
A.
The emission of sound for the purpose of alerting persons to the
existence of any emergency;
B.
Noise from municipally sponsored celebrations or events;
C.
Noise from individually sponsored events where a permit for public
assembly or other relevant permission has been obtained from the Town
of Chester;
D.
Noise connected with an authorized sporting event of any organized
league, public or private school, carnival, fair, exhibition or parade
authorized or sponsored by the Town of Chester or other superior municipal
entity;
E.
The operation or use of any organ, radio, bell chimes, loudspeaker
or other instrument, apparatus or device by any church, synagogue
or school licensed or chartered by the state provided such operation
or use does not occur between the hours of 9:00 p.m. and 8:00 a.m.;
F.
Noise generated by the installation and normal maintenance and operation
of municipal utilities;
G.
Noise generated by municipal, county, state and federal construction
repairs;
H.
Noise generated from snow removal equipment during snow events and
backup generators during power outages;
I.
Farm and farm equipment: any sound generated by any accepted practice
of an active agricultural operation, including livestock and farm
animals, provided that said agricultural operation is legally operated
in agricultural zoning districts;
J.
Noise generated from lawfully permitted fireworks displays;
K.
Noise generated from the lawful discharge of firearms during the
hours of 10:00 a.m. to 8:00 p.m. This exemption shall apply to other
organizations or individuals that have the lawful right to discharge
a firearm. Notwithstanding the foregoing, any lawful discharge of
a firearm during hunting season shall be from sunrise to sunset;
L.
The Monroe Chester Sportsman's Club, established 1935, shall be exempt
from this chapter; and
M.
Established commercial and industrial uses located in commercial
or industrial zoning districts that have already been through comprehensive
environmental reviews.
A.
The noise control requirements shall be enforced and administered
by Town enforcement officers, properly identified Town Police Department
personnel and other duly authorized personnel as the Town of Chester
may from time to time require.
B.
In an effort to determine compliance with this chapter, the Town
Enforcement Officer is authorized, to the extent permitted by law,
to enter, inspect and examine any building, structure, place, premises
or use within the Town of Chester which is believed to be in violation
of this chapter.
A.
Violations of this chapter may be established by verbal or written
complaint by at least one person, including the Town Enforcement Officer.
The Town Enforcement Officer is authorized to issue a stop-work or
cease and desist order, and/or institute appropriate legal action
or proceeding to prevent, restrain, correct or abate any violation
of this chapter.
B.
Compliance orders. The Town Enforcement Officer is authorized to
order in writing the remedying of any condition or activity found
to exist with respect to this chapter. Upon finding that any such
condition or activity exists, the enforcement officer shall issue
a compliance order. If the condition or activity is not remedied after
the issuance of the compliance order, then an appearance ticket may
be issued as provided hereinafter.
C.
Appearance tickets. The enforcement officer and each inspector are
authorized to issue appearance tickets for any violation of this chapter.
D.
Penalties and repeat convictions. Any person convicted of a violation
of this chapter shall, for a first conviction thereof, be punished
by a fine of not less than $50 but no more than $250. For a second
such conviction within six months thereafter, such person shall be
punished by a fine of not less than $150 but no more than $350. For
a third or subsequent conviction within six months after the first
conviction, such person shall be punished by a fine of not less than
$250 but no more than $350 for each such conviction. If a person served
with an initial notice of violation fails to correct the violation
within 30 minutes after receiving said notice, then such failure shall
be deemed a separate and distinct violation and the individual may
be issued additional notices of violation.
[Amended 10-26-2022 by L.L. No. 3-2022]
E.
The Town Board of the Town of Chester may amend the penalties for
violations of this chapter by duly authorized resolution of the Town
Board.
