[HISTORY: Adopted by the Town Board of the
Town of New Castle 4-11-1989 by L.L. No. 8-1989. Amendments noted where
applicable.]
This chapter shall be known as the "Town of
New Castle Noise Control Law."
It is hereby declared to be the policy of the
Town of New Castle to safeguard the right of its residents within
the privacy of their homes to be free from intrusive unwanted sounds.
Problems concerning the disturbance of peace and quiet by noise from
various activities are best solved by thoughtful discussions and cooperative
agreements between affected parties. However, to resolve remaining
problems of noise which is disturbing to others, it is the policy
of the Town of New Castle to establish standards, variance procedures,
enforcement procedures and penalties.
As used in this chapter, the following terms
and phrases shall have the following meanings:
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 stand-on, mounted, walk-behind, portable, handheld, or
backpack style device that is powered by electricity including battery-power
which is used to produce a stream of air for the purpose of blowing,
moving or distributing leaves, grass clippings, dust, dirt, trimmings
from trees or shrubs, or any other litter or debris.
[Added 9-22-2020 by L.L.
No. 11-2020]
Any stand-on, mounted, walk-behind, portable, handheld, or
backpack style device that is powered by a gasoline, diesel or similar
fuel engine which is used to produce a stream of air for the purpose
of blowing, moving or distributing leaves, grass clippings, dust,
dirt, trimmings from trees or shrubs, or any other litter or debris.
[Added 9-22-2020 by L.L.
No. 11-2020]
New Year's Day, Washington's Birthday, Memorial Day, Independence
Day, Labor Day, Yom Kippur, Thanksgiving Day and Christmas.
Commonly referred to as a leaf, garden or landscaping blower,
and includes any stand-on, mounted, walk-behind, portable, handheld,
or backpack style device that is powered by electricity or a gasoline,
diesel or similar fuel engine which is used to produce a stream of
air for the purpose of blowing, moving or distributing leaves, grass
clippings, dust, dirt, trimmings from trees or shrubs, or any other
litter or debris.
[Added 9-22-2020 by L.L.
No. 11-2020]
Any zoning district which is not a residential zoning district.
"Nonresidential zoning districts" include B-RO-4, B-RO-20, B-PO, B-D,
B-R, B-RP, B-RO-150, I-P and I-G Zoning Districts.
Any individual, corporation, company, association, society,
firm, partnership or joint-stock company.
[Added 9-22-2020 by L.L.
No. 11-2020]
Any zoning district in which one-family detached dwellings
or one-family and multifamily dwellings are permitted principal uses,
including Zoning Districts R-2A, R-1A, R-1/2A, MFPD, MFR-M and MFR-C.
The sound-pressure level measured in decibels with a sound-level
meter set to A-weighting, expressed in dB(A).
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under ANSI Specifications 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 sound which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of a reasonable person
of normal sensitivities under the circumstances.
Any zone as defined in Chapter 60, Zoning, of the Town of New Castle.
[Amended 8-14-1990 by L.L. No. 32-1990]
No person shall or no owner or occupant of any
premises shall operate or permit to be operated or use or cause to
be operated in the Town of New Castle any sound source that produces
a sound level exceeding the limitations in this section. 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, except where otherwise specified, and in
no case on public or private streets. 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.
A.Â
Customary residential activities. Customary residential activities on properties within any residential zoning district, including social gatherings, deliveries of residential heating oil and pickup of residential garbage, as well as permitted agricultural activities, shall not be regulated by this chapter, except for specific activities or noise sources that are subject to and governed by § 90-5A, Sound reproduction devices; § 90-5B, Burglar alarms; § 90-5C, Animals; § 90-6B, Construction activities; or § 90-6C, Domestic tools and equipment; vehicle repair.
B.Â
Other activities. Noise produced by other activities on properties within any residential or nonresidential 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. on any other property used for residential purposes within any residential zoning district unless otherwise permitted in § 90-7, Exceptions. However, the restrictions contained in this Subsection B shall not be applicable to specific activities or noise sources that are subject to and governed by § 90-5A, Sound reproduction devices; § 90-5B, Burglar alarms; § 90-5C, Animals; and § 90-6, Permitted and regulated noises.
[Amended 9-22-2020 by L.L. No. 11-2020]
[Amended 8-14-1990 by L.L. No. 32-1990]
A.Â
Sound reproduction devices. No person shall or no owner or occupant of any premises shall operate or permit to be operated or use or cause to be operated loudspeakers or other sound reproduction devices so as to produce sounds which are audible between the hours of 8:00 p.m. and 10:00 a.m. or are audible and unreasonably intrusive at any other times on any other property used for residential purposes within any residential zoning district as determined within and no closer to the property line of the receiving property than the absolute minimum side yard distance specified in § 60-411 for the residential zoning district in which the receiving property is located (40 feet for R-2A, 25 feet for R-1A, 15 feet for R-1/2A, 10 feet for R-1/4A, 20 feet for MFPD and 15 feet for MFR-M and MFR-C), except as permitted in Subsection B, Burglar alarms, or § 90-7, Exceptions. For any sound reproduction device operated in any MFPD, MFR-M or MFR-C development, the limitation on audibility of sound from that device shall be applied only outside of that development. Nothing in this subsection is intended to prohibit incidental sounds emanating from public sporting events or public entertainment events.
B.Â
Burglar alarms. Sound from an exterior burglar alarm
of any building or motor vehicle shall terminate within 15 minutes
after it has been activated.
C.Â
Animals. It shall be unlawful for any owner of or
any other person harboring any animal to permit or allow such animal
while in the Town of New Castle to engage in habitual loud howling
or barking which is unreasonably intrusive.
D.Â
Exhaust and mufflers. No person shall cause or permit
the operation of any device, vehicle, construction equipment or lawn
maintenance equipment, including but not limited to any diesel engine,
internal combustion engine or turbine engine, that has been modified
or become defective so as to cause the level of sound emitted to be
greater than that emitted as originally manufactured.
[Amended 8-14-1990 by L.L. No. 32-1990]
A.Â
Air-conditioning and air-handling equipment. No person
shall or no owner or occupant of any premises shall operate or permit
to be operated or use or cause to be operated an air-conditioning
or air-handling device that produces a sound level greater than 55
dB(A) on any other property used for residential purposes within any
residential zoning district. However, this limitation shall not apply
to properly operating air-conditioning equipment installed in residential
zoning districts prior to enactment of this chapter.
B.Â
Construction activities. Any building or construction
activity, including the clearing and removal of trees or other site
preparation work which is audible outside of a building or structure,
is permitted only as follows:
(1)Â
Monday, Tuesday, Wednesday, Thursday and Friday, except
holidays, during the hours of 7:30 a.m. to 8:00 p.m.;
C.Â
Domestic tools and equipment; vehicle repair.
[Amended 9-22-2020 by L.L. No. 11-2020]
(1)Â
In addition to the restrictions of § 90-6B, no person shall or no owner or occupant of any premises shall operate or permit to be operated or use or cause to be operated any hand tool or power tool or equipment, including but not limited to saws, hammers, sanders, drills, grinders, lawn or garden tools, mowers, tractors, chain saws, wood chippers of any kind, or cause or permit vehicle repair or engine tune-up activities so as to create noise in excess of the following limits. This prohibition includes equipment used by lawn care or landscape services.
(2)Â
Noise levels from domestic tools and equipment and from vehicle repair shall not be restricted by this subsection during the hours of 8:00 a.m. to 8:00 p.m., Monday through Friday, except holidays, and 9:00 a.m. to 8:00 p.m., Saturday, and 9:00 a.m. to 5:00 p.m., Sunday and holidays,. At all other times, such noise levels shall not exceed 45 dB(A) on any property used for residential purposes within any residential zoning district. Notwithstanding this provision, use of motorized leaf blowers is prohibited outside the hours set forth herein and shall be further regulated pursuant to § 90-6E.
(3)Â
Uses of snowblowers, chain saws and other domestic tools and equipment
are exempted from these limits when they are being used to clear driveways,
streets or walkways during and within 24 hours after snowfalls, rainstorms,
ice storms, windstorms or similar emergencies.
D.Â
Noise from sound reproduction devices in motor vehicles.
[Added 1-11-1994 by L.L. No. 1-1994]
(1)Â
Noise level from sound reproduction devices emanating
from motor vehicles during the hours of 8:00 a.m. to 8:00 p.m. shall
not exceed 60 decibels as measured from the nearest curb or edge of
the roadway nor shall such noises be audible more than 50 feet from
the motor vehicle from which the noise emanates. From 8:00 p.m. to
8:00 a.m., such noise level shall not exceed 45 decibels as measured
from the nearest curb or edge of the roadway nor be audible more than
25 feet from the motor vehicle from which the noise emanates.
(2)Â
Nothing herein shall be deemed to apply to noise emanating
from the operation of motor vehicles on public highways, which is
regulated by the New York State Vehicle and Traffic Law; nor shall
it be deemed to apply to equipment operation used in connection with
the operation of motor vehicles, such as mufflers and horns, which
are further regulated by the New York State Vehicle and Traffic Law;
nor shall this subsection be deemed to apply to motor vehicles regulated
by the Federal Noise Control Act of 1972.
E.Â
Seasonal
limitations on motorized leaf blowers.
[Added 9-22-2020 by L.L. No. 11-2020]
(1)Â
The use of any fuel-powered motorized leaf blower shall be unlawful
in the Town during the period from June 1 through and including September
30 of each year.
(2)Â
During the period of June 1 through and including September 30 of each year, the use of all electric-powered motorized leaf blowers shall be permitted during the hours set forth in § 90-6C(2).
(3)Â
During the period of October 1 through and including May 31 of each year, the use of all motorized leaf blowers shall be permitted during the hours set forth in § 90-6C(2).
(4)Â
The Commissioner of Public Works may authorize the use of fuel-powered
motorized leaf blowers during the period June 1 through September
30 for a period of time not to exceed seven days after significant
storm events or during other emergency circumstances as determined
by the Commissioner of Public Works. The Commissioner of Public Works
may extend the seven-day time period by issuing an official notification,
if, in his or her sole discretion, such additional time is deemed
necessary.
(5)Â
Subsection E(1) above shall not apply to the use of motorized leaf blowers on Chappaqua Central School District's recreational fields and tennis courts, Town of New Castle recreational fields and tennis courts, country clubs' tennis courts, homeowner associations' tennis courts, swim clubs' tennis courts, golf courses, and cemeteries. In addition, the use of motorized leaf blowers may be permitted on certain properties where the Town Administrator has determined there exists a public safety concern. Use of any fuel-powered motorized leaf blower shall be minimized to the maximum extent practicable.
A.Â
Nothing in this chapter shall be construed to prevent
the production of music in connection with any military or civic parade,
funeral procession or religious service.
B.Â
This chapter shall not be construed to prohibit 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.
C.Â
For sound reproduction devices used in connection with weddings or similar events on any property used for residential purposes, sound levels in excess of those permitted in § 90-5A are allowed, provided that such sound levels do not exceed 65 dB(A) on any other property used for residential purposes within any residential zoning district and provided that sound levels in excess of those permitted in § 90-5A 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.
D.Â
Sounds created by any governmental agency by the use
of public warning devices are exempted from the limitations of this
chapter.
E.Â
Sounds created by public utilities in carrying out
the operations of their franchise are exempted from the limitations
of this chapter.
F.Â
Sounds connected with sporting events of any public
or private school, swim or tennis club or country club or with New
Castle Recreation Commission sponsored or permitted special events
or sports programs are exempted from the limitations of this chapter.
G.Â
Sounds connected with activities and equipment of
the New Castle Department of Public Works are exempted from the limitations
of this chapter.
H.Â
Sounds created by aircraft or by motor vehicles on
public streets are exempted from the limitations of this chapter.
[Amended 3-26-2019 by L.L. No. 3-2019]
A.Â
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Town Board shall have the power in passing upon a petition for a variance duly made pursuant to Subsection E by owners of properties with nonresidential uses which would be in violation of other subsections of this chapter to vary or modify the application of any of the regulations or provisions of this chapter so that the spirit of this chapter shall be observed, public health, safety and welfare secured and substantial justice done.
B.Â
No variation or adjustment in the strict application of any regulations
or provisions of this chapter shall be granted by the Town Board unless
it finds that:
(1)Â
The applicant has demonstrated good and sufficient cause for the
granting of a variance. Such demonstration shall be founded upon a
fair consideration of the circumstances present pertinent to the petition,
including but not limited to:
(a)Â
The social utility of the use or activity for which a variance
is sought.
(b)Â
The nature and degree of observed variance from prescribed standards
that results from such use or activity.
(c)Â
The impact of such use or activity on other residents and properties.
(d)Â
The nature and cost of available measures that may be taken
to mitigate the impact of such use or activity.
(2)Â
There are unique or special circumstances or conditions, fully described
in the findings of the Town Board, applying to the activity or to
the use of land, property or facilities for which the variance is
sought which warrant the granting of a variance on the ground of practical
difficulty or unnecessary hardship.
(3)Â
The granting of a variance is necessary to enable the applicant to
conduct the activity or use for which a variance is sought without
unreasonable burden or restriction, and the variance as granted by
the Town Board is the minimum adjustment that will accomplish such
purpose.
(4)Â
The granting of the variance will be in harmony with the general
purposes and intent of this chapter, will not be injurious to the
community or any neighborhood or otherwise detrimental to the public
health, safety or welfare and will not be in conflict with other laws
or ordinances or inconsistent with the Comprehensive Master Plan of
the town.
C.Â
The Town Board, in passing upon a petition for a variance under this
chapter, may limit the effective period of any variance granted and
may impose upon the grant or operation of any variance such conditions
in furtherance of the public interest as the Town Board finds necessary
or appropriate.
D.Â
The Town Board shall retain continuing jurisdiction over and with respect to any variance granted under this chapter and it shall have the fullest powers and authority allowed by law to review, rehear, modify, reverse or annul, for good cause shown, any order, resolution, decision or determination made with respect to a petition for or the granting of a variance under this chapter. No such review, reconsideration or action shall be taken except upon and after notice and a hearing as provided in Subsections F and G.
E.Â
All such appeals shall be in writing on forms prescribed by the Town
Board, and each appeal or application shall refer to the specific
provisions of this chapter and shall exactly set forth the details
of the variance that is applied for and the grounds on which it is
claimed that the same should be granted. Any petition for a variance
shall also identify all practical steps which have been taken or which
are proposed to be taken by the applicant to reduce noise.
F.Â
Notice of hearing. Notice of any hearing shall be published by the
Town Board in the official paper at least five days prior to the date
of said hearing. Notice of the hearing shall also be mailed by the
Town Board to the parties at least five days before such hearing.
The applicant shall mail, by certified mail, notice of the hearing
to all abutting property owners and to all owners of property situated
directly across a street from the property affected by such appeal.
Proof of such mailing shall be submitted to the Town Board by the
applicant prior to the hearing. The applicant shall be responsible
for the cost of publication and mailing of such notice. For any application
for which a hearing is not required, the applicant shall be required
to provide a copy of its application to the Town Board at the time
it is submitted to the Town with notice to the residents so that if
they have any comments or objections they can advise the Town Board
within seven days of the application.
G.Â
Hearing. The Town Board shall conduct a public hearing on any application
made pursuant to this chapter, except for an application for events
that will last no longer than 24 hours. The Town Board may require
a public hearing for such events if it finds within its discretion
that a public hearing should be held. At such public hearings, all
those present and wishing to be heard shall be given an opportunity
to be heard.
H.Â
For a period of 180 days after this chapter becomes effective, a
properly filed application for a variance shall exempt the applicant
from the specific provisions of this chapter from which a variance
is being sought, from the date of filing of the application until
the Town Board has ruled on the application.
The provisions of this chapter shall in no case
remove or render less restrictive limitations on noise generation
or other conditions imposed for specific properties by actions of
the New Castle Zoning Board of Appeals or by actions of the New Castle
Planning Board or required under other applicable laws or regulations.
The provisions of this chapter shall be enforced
by the Police Department of the Town of New Castle or other officials
designated by the Town Board.
Any person who violates any provision of this
chapter shall be deemed guilty of an offense and, upon conviction
thereof, shall be fined not exceeding $250. Each day that a violation
shall continue shall constitute a separate offense.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this chapter 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.
Section 60-424.4 of the New Castle Town Code
is hereby repealed.
This chapter shall become effective 30 days
after filing with the Secretary of State.
