[HISTORY: Adopted by the Town Board of the Town of Saratoga 8-8-2005
by L.L. No. 2-2005. Amendments noted where applicable.]
It is the policy of the Town of Saratoga to maintain the peace and quiet
of the Town. Unnecessary noise is determined by the Town Board to be detrimental
to the public health, safety and welfare and to the quality of life of the
citizens of the Town. Unnecessary noise degrades the environment and interferes
with the enjoyment of life, property and recreation and with the conduct and
operation of business and industry. The Town Board declares that the provisions
of this chapter are for purposes of preserving, protecting and promoting the
public health, safety and welfare and the peace and quiet of the Town of Saratoga.
As used in this chapter, unless expressly stated otherwise, the following
terms shall have the meanings indicated:
Sound that reaches the point of interest by propagation through the
air.
Equipment that meets ANSI SI.4 1971 standards as described under
"dBA" below.
All engine- or motor-powered equipment intended for infrequent service
work in inhabited areas, typically commercial or skilled operators. Examples
of commercial service equipment include chain saws, log chippers, and paving
rolls.
All powered devices or equipment designed and intended for use in
construction. Examples of construction devices are air compressors, bulldozers,
backhoes, trucks, shovels, derricks and cranes.
The abbreviation for decibel.
The A-weighed sound level in decibels, as measured by general purpose
sound level meter complying with provisions of the American National Standard
Institute Specifications for Sound Level Meters (ANSI S1. 4 1971), properly
calibrated and operated on the A-weighting network.
A unit for measuring the volume of a sound, equal to the logarithm
of the ratio of the sound pressure of the sound to the sound pressure of a
standard sound (0.0002 microbar); abbreviated "db."
Work or activity that is necessary to prevent or recover from an
emergency, including but not limited to work to repair electric, gas, water,
sewage and telephone services.
Number of oscillations or cycles per second, expressed in hertz (abbreviation
"Hz").
All engine- or motor-powered garden or maintenance tools intended
for repetitive use in residential areas, typically capable of being used by
a homeowner. Examples of homeowner's light residential outdoor equipment
include lawn mowers, garden tools, riding tractors, snowblowers and snowplows.
The abbreviation for hertz, equivalent to cycles per second.
Individual, association, firm, syndicate, company, trust, corporation,
department, bureau or agency, or any other entity recognized by law as the
subject of rights and duties.
An instrument, including a microphone, an amplifier, an output meter
and frequency weighting networks for the measurement of sound levels. Sound
level meters shall conform to the requirements of ANSI Specifications for
Sound Level Meters S1.4-1971.
Any excessively or unusually loud sound or any sound which annoys,
disturbs, injures or endangers the comfort, repose, health, peace or safety
of a person, or which causes injury to animal life or damages property or
business. Standards which can be considered in determining whether unnecessary
noise exists in a given situation include, but are not limited to the following:
The intensity of the noise;
Whether the nature of the noise is usual or unusual;
Whether the origin of the noise is associated with nature or man-made
activity;
The intensity of the background noise, if any;
The proximity of the noise to sleeping facilities;
The nature of the zoning district of the area within which the noise
emanates;
The time of the day or night the noise occurs;
The time duration of the noise;
Whether the sound source is temporary;
Whether the noise is continuous or impulsive;
The presence of discrete tones;
Whether alternate methods are available to achieve the objects of the
sound-producing activity.
A.Â
The following acts, among others, are declared to be
loud, disturbing, injurious and unnecessary and unlawful noises in violation
of this section, but this enumeration shall not be deemed to be exclusive,
namely:
(1)Â
Yelling, shouting, hooting, whistling, singing or performing
music on the public streets or from private property that is plainly audible
from adjacent private or public property and annoys or disturbs the quiet,
comfort or repose of persons in the vicinity of the area, building, structure
or vehicle from which such noise emanates.
(2)Â
The using of, operating of, or permitting to be played,
used or operated, any radio, receiving set, musical instrument, phonograph,
television set or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort of the
neighboring inhabitants and in such manner as to be plainly audible from adjacent
private or public property.
(3)Â
Sounding horns, squealing tires, or other vehicular noises
produced excessively or unnecessarily.
B.Â
No person or persons owning, leasing or controlling the
operation of any source or sources of noise shall permit the use of such source
to produce unnecessary noise, as herein previously described.
C.Â
No person shall create or cause to be emitted any airborne
sound which, when measured by a sound level meter at any lot line, exceeds
the following standards:
This chapter shall apply to the use or occupancy of any lot or structure
except the following:
A.Â
The intermittent or occasional use between 7:00 a.m.
through 8:00 p.m. of homeowner's light residential outdoor equipment
or commercial service equipment, provided that the equipment and its use otherwise
comply with this chapter, and the equipment is being operated for its intended
use.
B.Â
Construction activities between 7:00 a.m. through 8:00
p.m. and the associated use of construction devices, provided that such activities
and the use of such equipment otherwise comply with this chapter.
C.Â
Agricultural pursuits, including, but not limited to,
animal noises and crop protection devices.
D.Â
The ringing of church bells or chimes used in conjunction
with religious or education purposes.
E.Â
The operation of sirens, horns or other alarms when used
for the purpose of alerting persons to the existence of an emergency and the
passage of vehicles.
F.Â
The emission of sound in performance of emergency work.
G.Â
Temporary uses as may be granted by permit.
H.Â
Official public celebrations, including any event held
on public property or sponsored by a government entity.
I.Â
Noise of lawful aircraft flight operations.
J.Â
The lawful operation of any properly equipped motor vehicles
on any public way, subject to the applicable sections of the Vehicle and Traffic
Law that refer to noise.
K.Â
Audible interior burglar alarms in operation for 10 minutes
or less.
L.Â
Hunting and target shooting with firearms.
Persons committing any act prohibited by this chapter shall be guilty
of a violation and, as such, shall be punishable by a sentence of up to 15
days in jail, or a fine of up to $250, or both.
