[HISTORY: Adopted by the Town Board of the
Town of Bedford as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-5-1990 as L.L. No. 1-1990]
This article shall be known as the "Town of
Bedford Noise Control Law."
[Amended 3-19-2019 by L.L. No. 5-2019; 4-5-2022 by L.L. No. 6-2022]
It is the purpose of this chapter to provide
for the health, safety, and general welfare of persons in the Town
of Bedford by establishing criteria to safeguard residents while in
their homes or on their property from intrusive unwanted sounds and
unreasonable noise disturbances in general. This policy sets forth
parameters whereby noise is considered reasonable depending on a variety
of factors or exemptions for the public good. Problems concerning
disturbance of peace and quiet from various activities are best solved
by thoughtful discussions and cooperative agreements between affected
parties. However, to address any remaining unresolved concerns and
complaints with respect to noise, it is the policy of the Town of
Bedford to establish standards, enforcement procedures and penalties.
As used in this article, the following terms
and phrases shall mean:
[Added 4-5-2022 by L.L. No. 6-2022]
In the year 2022: The periods of time between April 1 and May
15 and October 1 and December 15;
In the year 2023: The periods of time between April 1 and April
30 and October 15 and December 15; and
In the year 2024, and thereafter: The periods of time between
April 15 and April 30 and November 7 and November 21.
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.
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone
or sewer facilities or public transportation facilities, removing
fallen trees on public rights-of-way or abating life-threatening conditions
or work used to clean up after major storms or other emergencies,
as determined by the Town Supervisor, or his or her designee. In such
an event, snow blowers, chain saws, leaf blowers, and other domestic
tools and equipment are exempt from the provisions of this chapter
for the purpose of cleaning up for a period not to exceed seven days
from the end of the storm or other emergency, except for municipal
operations and where the Town Supervisor, or his or her designee,
approves additional time for cleanup in response to a major storm
or other emergency.
[Added 3-19-2019 by L.L.
No. 5-2019; 4-5-2022 by L.L. No. 6-2022]
New Year's Day; Birthday of Dr. Martin Luther King. Jr.;
Lincoln's Birthday; Columbus Day; Election Day; Veterans Day; Washington's
Birthday; Memorial Day; Independence Day; Labor Day; Yom Kippur; Thanksgiving
Day; and Christmas.
[Amended 3-19-2019 by L.L. No. 5-2019]
Any device powered by an internal combustion engine/motor
which is used or designed to move leaves, grass clippings, dust, dirt,
or other matter by blowing them with air emitted by such device.
[Added 4-5-2022 by L.L. No. 6-2022]
Any device which is used or designed to move leaves, grass
clippings, dust, dirt, or other matter by blowing them with air emitted
by such device.
[Added 4-5-2022 by L.L. No. 6-2022]
Any power equipment utilizing an electric or internal-combustion
engine.
[Added 3-19-2019 by L.L.
No. 5-2019]
[Added 3-19-2019 by L.L. No. 5-2019]
That level of sound which, in each context described in § 83-5 below, either:
The following criteria shall be considered in determining whether
a particular noise constitutes a noise disturbance:
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 natural or unnatural;
The volume and intensity of the background noise, if any;
The proximity of the noise to parks or other public places,
hospitals, nursing homes, day-care centers or schools, and houses
of worship;
The nature and the zoning district of the area within which
the noise emanates;
The time of day or night the noise occurs;
The duration of the noise;
Whether the sound source is temporary;
Whether the noise is continuous or impulsive;
The presence of discrete tones; and
The determination by this chapter that an activity constitutes
a noise disturbance.
[Added 4-5-2022 by L.L. No. 6-2022]
A noise disturbance, or other violation of this chapter, may
be substantiated by any of the following:
Sworn affidavits from two or more unrelated persons who reside
in different residences and who are in general agreement as to the
times and durations of the noise; or
Direct observation by an officer or official tasked with enforcement
of this chapter; or
A noise in excess of the maximum permissible sound levels, as measured by a sound level device, as set forth in § 83-4C below.
A time-stamped geo-video/photo of any violation by any person,
accompanied by a sworn affidavit confirming the validity of the video/photo.
[Added 4-5-2022 by L.L. No. 6-2022]
An imaginary line along the ground surface, and its vertical
extension, which separates the real property owned or controlled by
one person from that owned or controlled by another person, including
intrabuilding real property divisions.[1]
[Added 3-19-2019 by L.L.
No. 5-2019]
The quantity in decibels measured by a sound level meter
satisfying the requirements of American National Standards Specification
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.
[Amended 3-19-2019 by L.L. No. 5-2019]
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under ANSI Specification 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 day Monday through Friday, which is not a state or federal
legal holiday.
[Added 3-19-2019 by L.L.
No. 5-2019]
Any zone as defined in the Zoning Ordinance of the Town of
Bedford.[2]
[Amended 3-19-2019 by L.L. No. 5-2019]
A.
No
person shall operate or permit to be operated in the Town of Bedford
any sound source that produces a sound level exceeding the limitations
in this article.
B.
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. When the determination or measurement
is made for a dwelling unit of a multi-dwelling-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.
C.
Noises produced by any act or activities on properties on a weekday
and Saturday within any residential 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. and all day Sunday on any such
property within any residential district.
D.
Noises produced by any act or activities on properties on a weekday
and Saturday within any nonresidential zoning district shall not exceed
65 dB(A) during the hours of 8:00 a.m. to 6:00 p.m. or 50 dB(A) during
the hours of 6:00 p.m. to 8:00 a.m. and all day Sunday on any such
property within a nonresidential zoning district.
A.
Each of the following is declared to constitute a violation of this chapter and is prohibited as set forth herein, unless exempted herein or under § 83-7:
(1)
Electronic
devices, televisions or radio receiving sets, musical instruments,
phonographs or other machines or devices for producing or reproducing
of sound in such manner as to create a noise disturbance;
(2)
Any
electronic devices, instrument, phonograph, machine or device producing
or reproducing sound after 11:00 p.m. on Sunday, Monday, Tuesday,
Wednesday or Thursday nights and after 12:30 a.m. on Saturday or Sunday
mornings, in such a manner as to be plainly audible at a distance
of 50 feet from the building, structure, vehicle or area in which
it is located, shall be considered a violation of this chapter;
(3)
Horns
and signaling devices or alarms, the sounding of which results in
a harsh or loud sound or repetitive sounds for any unreasonable or
unnecessary period of time, so as to create a noise disturbance (except
as a danger warning, pursuant to § 375 of the Vehicle and
Traffic Law of the State of New York);
(4)
Shouting
and yelling. Shouting, yelling, singing, calling, hooting or whistling
so as to create a noise disturbance;
(5)
Animals
and birds whose howling, barking, squawking or any other sounds by
virtue of loudness, frequency, intensity, or for a continued duration,
causes a noise disturbance across a residential real property line
as measured at the property line. A noise disturbance includes an
animal or bird emitting a sound continually for a period of five minutes
or intermittently for 15 minutes within any one-hour period;
(6)
Engine
operation, including the stationary idling, of any engine, including,
but not limited to, an automobile, truck, motorcycle, motorbike, motorboat,
minibike engine, or all-terrain vehicle so as at to create a noise
disturbance;
(7)
Motor
vehicle operation shall constitute a noise disturbance and is a violation
of this chapter under the following conditions:.
(a)
Operating or permitting the operation of any motor vehicle,
or any auxiliary equipment attached to such a vehicle, for a period
longer than five minutes in any sixty-minute period so out of repair
or in such a condition as to create a noise disturbance.
(b)
Operating a vehicle without a properly functioning muffler,
unmuffled or if the vehicle is equipped with straight pipes.
(c)
Operating a car radio or car stereo so that the sound is plainly
audible at a distance of 25 or more feet from the vehicle.
(d)
The making of improper noise or disturbance or operating a motor
vehicle in such a manner as to cause excessive squealing or other
excessive noise of the tires.
(e)
An exterior alarm of a motor vehicle which audibly sound for
more than five minutes continuously or 10 minutes intermittently.
(8)
The
creation of any noise disturbance on any street adjacent to any school,
institution of learning, religious institution 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 streets indicating that the same is a school, hospital
or court street.
(9)
Music
originating from or in connection with the operation of any commercial
facility, establishment or enterprise in such a manner so as to create
a noise disturbance.
(10)
The
use or firing of explosives, firearms or similar devices so as to
create a noise disturbance, except as permitted by any other federal,
state, county or local law.
(11)
Any
activity or action not set forth in this section that is determined
to cause a noise disturbance and is not exempt from or permitted as
otherwise set forth in this chapter.
B.
Each of the following is declared to constitute a violation of this chapter and is prohibited at all times except during the hours of 8:00 a.m. to 6:00 p.m. not including holidays, unless exempted under § 83-7:
(1)
Heavy
equipment. The operation of any pile driver, pneumatic hammer, derrick,
electric hoist, bulldozer, grinder or other appliance or other heavy
equipment, the use of which creates a noise disturbance;
(2)
Construction
activities. Any construction, building, excavation, demolition, alteration
or repair, including the clearing and removal of trees or other site
preparation work, which is audible outside of a building or structure
and creates a noise disturbance; and
(3)
Domestic
equipment. The operation of or permitting to be operated any power
saw, drill, sander, router, lawn or garden device, snowblower, insect
control device, electric leaf blower, or other domestic equipment
(see § 83-51D for internal combustion leaf blowers) so as
to create a noise disturbance.
C.
Each of the following is declared to constitute a violation of this chapter and is prohibited at all times except during the hours of 8:00 a.m. and 6:00 p.m. not including holidays and Sundays, unless exempted under § 83-7:
(1)
Loading
and unloading. The loading or unloading of any vehicle, boat, barge
or train or the opening, closing, or destruction of bales, boxes,
crates, containers, bales, cans, drums, garbage cans, refuse, or similar
objects, or the pumped loading or unloading of materials in liquid,
gaseous, powder or pellet form so as to create a noise disturbance
or when the sound therefrom can be heard across a residential real
property line as measured at the property line.
(2)
Transportation
of metal rails, pillars and columns. The transportation of metal rails,
pillars or columns of iron, steel or other material over and along
streets and other public places upon carts, drays, cars, trucks or
in any other manner so as to create a noise disturbance.
D.
The following is declared to constitute a violation of this chapter and is prohibited except during clean-up seasons on nonholiday weekdays during the hours of 8:00 a. m. to 5:00 p.m., Saturdays 10:00 a. m. to 4:00 p.m. and Sundays from 12:00 p.m. to 4:00 p.m., unless exempted under § 83-7:
(1)
Internal
combustion leaf blowers. Operating, or permitting to be used or operated,
any internal combustion leaf blower.
[Amended 3-19-2019 by L.L. No. 5-2019; 4-5-2022 by L.L. No. 6-2022]
A.
It shall be unlawful for any person to create a noise disturbance or engage in any prohibited activities as set forth in § 83-5, unless otherwise permitted in this article.
B.
Except
as set forth in this section below, for any violation of this chapter
the owner of the establishment or premises from which the sound is
released and the person transmitting the sound or in control of the
animal or object making the sound may both separately liable for a
violation of this chapter.
C.
For violations
of this chapter related to motor vehicles, the registered owner of
the vehicle, if present when the violation occurs, is in violation
of this section. If the owner of the vehicle is not present, the violation
may be served upon the person in charge or in control of the vehicle,
or anyone who assists in the production of the sound that is determined
to be in violation.
D.
For violations of this chapter related to internal combustion leaf blowers, § 83-5D, the owner of the leaf blower, the party who employed the person operating the leaf blower at the time of the violation, and the party who owns the property (or for a single-family residential property the person who legally occupies the property) may be separately liable for a violation of this chapter.
[Amended 3-19-2019 by L.L. No. 5-2019; 4-5-2022 by L.L. No. 6-2022]
A.
Any prohibited
acts are exempt from the restrictions of this chapter when used to
perform emergency work.
B.
The following shall be exempt from the provisions of this chapter:
(2)
Uses of snow blowers, chain saws, leaf blowers, other domestic tools
used to perform emergency work.
(3)
The production of music in connection with any military or civic
parade, funeral procession or religious service.
(4)
The 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.
(5)
Sound-reproduction devices used in connection with weddings or similar events on any property, provided that sound levels in excess of those permitted in §§ 83-4 and 83-5A do not exceed 65 dB(A) and cease by 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday nights and by 12:30 a.m. on Saturday or Sunday mornings.
(6)
Sounds created by any governmental agency by the use of public warning
devices.
(7)
Sounds created by public utilities in carrying out the operations
of their franchise.
(8)
Sounds connected with sporting events of any public or private school,
swim or tennis club or country club or with Town of Bedford sponsored
or permitted special events or sports programs are exempt from the
limitations of this article.
(9)
Sounds connected with activities and equipment taken, owned or operated
by the Town of Bedford.
(10)
Sound from the bells or chimes of a church, synagogue or other house
of worship.
(11)
Sound used for the purposes of alerting a person of an emergency.
(12)
Sound from a municipally sponsored or approved celebration or event.
(13)
National warning system (NAWAS); systems used to warn the community
of attack or imminent public danger such as flooding, explosion or
hurricane.
(14)
Sounds from municipal-sponsored projects or repairs as ordered by
the Town Engineer or Commissioner of Public Works.
(15)
Emergency generators which are used during a power failure or during
normal scheduled testing hours.
(16)
Internal
combustion leaf blowers used in the following situations:
(a)
On eighteen-hole golf courses for the purpose of removing debris
from aeration procedures and in response to weather events which result
in a large quantity of debris on the fairway that inhibit play and
the groundskeeper determines that electric equipment is insufficient
to address the need in a reasonable time and manner.
(b)
In Town operations for the clearing of catch basins, storm drains,
and Town property to maintain accessibility, usability, and public
safety as needed when the Director of Parks and Recreation or the
Commissioner of Public Works determines that electric equipment is
insufficient to address the need in a reasonable time and manner.
(c)
In agricultural operations for the purpose of removing debris around
stables and barns when electric equipment is insufficient to address
the need in a reasonable time and manner.
(d)
In multifamily housing complexes to remove debris from stairways
and walkways when electric equipment is insufficient to address the
need in a reasonable time and manner.
C.
Notwithstanding the foregoing, the exemptions to the requirements with respect to noise as set forth in this § 83-7 shall not exceed the National Institute for Occupational Safety and Health recommended exposure levels for occupational noise exposure. Measurement of the alleged unsafe noise levels shall take place at the location of the person or persons making the complaint.
[Amended 3-19-2019 by L.L. No. 5-2019]
The provisions of this article shall in no case remove, or render
less restrictive, limitations on noise generation or other conditions
imposed for specific properties by actions of the Town of Bedford
Town Board, the Bedford Zoning Board of Appeals, or the Bedford Planning
Board, by order of the Police Department of the Town of Bedford or
as required under any other applicable laws or regulations.
[Amended 3-19-2019 by L.L. No. 5-2019]
The provisions of this article shall be enforced by the Police
Department of the Town of Bedford, the Town Code Enforcement Officer,
or other officials designated by the Town Board.
A.
Any person violating any provision of this article shall be guilty
of a violation and, upon conviction thereof, shall be punished by
a fine not to exceed the sum of $250 for the first violation, $500
for the second violation and $1,000 for the third and any additional
violations.
[Amended 3-19-2019 by L.L. No. 5-2019; 4-5-2022 by L.L. No. 6-2022]
B.
Notwithstanding the penalties herein above provided, the Town of
Bedford may maintain an action or proceeding in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
the violation of any provision of this article.
[Amended 3-19-2019 by L.L. No. 5-2019]
C.
The foregoing provisions for enforcement of the regulations in this
article are not exclusive, but are in addition to any and all laws
applicable thereto.
If any clause, sentence, paragraph, section or part of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder of this article, 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.[1]
[1]
Editor's Note: Former §§ 83-11, Repealer, and
83-12, When effective, were repealed 3-19-2019 by L.L. No. 5-2019.
