[HISTORY: Adopted by the Town Board of the Town of Harrison 2-17-1923;
amended in its entirety 9-20-2000 by L.L. No. 7-2000.
Amendments noted where applicable.]
Subject to the provisions of this chapter, the creation of any unreasonably
loud, disturbing and unnecessary noise is prohibited. Noise of such character,
intensity and duration as to be detrimental to the life or health of any individual
is prohibited.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter and are prohibited, but
any enumeration herein shall not be deemed to be exclusive:
A.
No person shall keep, suffer, cause, allow or permit the owning, possessing, harboring, boarding or keeping any animal or bird that frequently or for continued duration makes sounds that create a noise disturbance that can be heard by any reasonable person of normal sensitivities across a residential property line. For the purpose of this section, a "noise disturbance" shall be defined as that noise created by an animal or bird either for 10 minutes continuously, or for 15 minutes in any one-hour interval or that exceeds the permissible limits set forth in § 177-3.
B.
No person shall use any sound device, drum, loudspeaker
or other mechanical, electrical or other sound-producing or -reproducing device,
instrument or machine for the purpose of attracting attention to any performance,
show or sales or display of merchandise or for other commercial purposes.
C.
No person shall use any mechanical or electrical loudspeakers
or amplifiers on trucks or other moving vehicles for advertising or other
purposes unless a written permit is first obtained from the Town Clerk after
approval by the Town Board of the time, place and manner of such use.
D.
No person shall discharge into the open air the exhaust
of any steam engine, stationary internal-combustion engine or motorboat engine
except through a muffler or other device that effectively prevents loud or
explosive noises therefrom.
E.
No person shall operate any machinery, motor, equipment, pump, exhaust fan, attic fan, air-conditioning apparatus or similar mechanical device, television, radio, tape or compact disc, phonograph or similar device, or load or unload any vehicle, or use any instrument in such a manner or with such volume as to create a noise disturbance that can be heard by any reasonable person of normal sensitivities across a property line of a property used as a dwelling, hotel or other type of residence or that exceeds the permissible limits set forth in § 177-3.
F.
No person shall perform, nor hire, direct, permit, allow
or license another to perform, any construction work, or erect, demolish,
assemble, alter, install or equip any building or structure, private or public
highway, road, premise, park, utility line or other property, including but
not limited to related activities such as land clearing, grading, earthmoving,
excavating, filling and landscaping, performed outside of a fully enclosed
structure after 8:00 p.m. or before 7:30 a.m. on weekdays or before 10:00
a.m. on weekends and national and state holidays, unless the Town Building
Inspector determines that there is an imminent danger to life or property.
G.
No person shall permit the sounding of a burglar, fire
or motor vehicle alarm for a period of more than five minutes after it has
been activated.
A.
Except for noise emanating from the operation of motor
vehicles, the permissible intensity of noise, whether such noise is intermittent,
impulsive, sporadic or continuous, shall be limited as follows.
B.
Maximum sound pressure levels in decibels, "A" scale
reading of standard calibrated sound meter ("db(A)1"), shall be as follows:
(1)
Fifty-five db(A) for stationary sources and 70 db(A)
for outdoor power tools.
(2)
Portable air compressors and their related equipment
are limited to 76 db(A).
(3)
Lawn mowers, leafblowers, outdoor vacuum cleaners, wood
chippers, chain saws and snowblowers shall have a permitted intensity of 85
db(A); use of this equipment is prohibited between the hours of 8:00 p.m.
and 8:00 a.m. on weekdays and prohibited between the hours of 8:00 p.m. and
10:00 a.m. on weekends and national and state holidays.
(4)
Air-conditioning units and pool filters are limited to
55 db(A).
A.
Except for noise emanating from the operation of motor
vehicles, the point at which the intensity of sound is to be measured shall
be at a point not nearer than the property line of the subject property nearest
the source of the noise.
B.
Measurement shall be made using a meter capable of measuring
decibels and of a type meeting ANSI S1.4-1971, Type 2 or equivalent standard.
The measurement is to be made using a free-field microphone directed at the
noise source.
Noise emanating from the operation of motor vehicles shall not exceed
sound-pressure levels described in § 386 of the Vehicle and Traffic
Law.
Upon the trial of any action or proceeding arising out of acts committed by any person creating unreasonably loud, disturbing and unnecessary noise, the court may admit evidence of sound-pressure levels in decibels as shown by a sound-level meter, octave band analyzer and impact noise analyzer or similar device. For the purposes of this chapter, evidence that noise exceeded the maximum sound-pressure levels in decibels as provided in §§ 177-3 and 177-5 hereof shall be admitted as prima facie evidence that the noise was unreasonably loud, disturbing and unnecessary.
The actions of or sponsored by governmental agencies shall be exempt
from the requirements of this chapter. Actions required by exigent circumstances
shall also be exempt. Nothing in this chapter shall be construed to prevent
the production of any music in connection with any military or civic parade
for which a permit has been issued, funeral procession or religious service,
or to prevent the use of any organ, bell chimes or any other similar instrument
or device by a religious organization or licensed school in connection with
religious rites or ceremonies or educational programs during the hours from
7:30 a.m. to 8:00 p.m. Sounds created by aircraft or trains shall be exempt
from the requirements of this chapter. The Town Supervisor may waive enforcement
of § 177-3C in the aftermath of a storm or other emergency situation.
Nothing in this chapter shall be construed to remove or render less
restrictive any limitation on noise or sound imposed by any other law, rule
or regulation or by the actions of the Zoning Board of Appeals or the Planning
Board.
Any person who violates any provision of this chapter shall, upon conviction,
be punished by a fine not to exceed $250 or by imprisonment for a term not
to exceed 15 days, or both. Each separate noise or noise source shall be considered
a separate violation and shall be punishable as such.
