[HISTORY: Adopted by the Town Board of the
Town of Wawarsing 7-7-2005 by L.L. No. 3-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 46.
[1]
Editor's Note: This local law was originally
adopted Ch. 106, but was renumbered to fit the organization of the
Code.
This chapter shall be known and may be cited
as the "Noise Control Law of the Town of Wawarsing."
It is hereby declared to be the policy of the
Town Board to prevent unreasonably loud, disturbing and unnecessary
noise and to reduce noise levels within the Town so as to preserve,
protect and promote the public health, safety and welfare and to foster
convenience, peace and quiet within the Town by the inhabitants and
transients thereof. The Town Board finds every person is entitled
to have maintained noise levels which are not detrimental to life,
health and the enjoyment of property and that excessive and unnecessary
noise within the Town of Wawarsing adversely affects and is a menace
to public health, safety, welfare and the comfort of the people of
the Town.
For the purpose of this chapter, the terms used
herein are defined as follows:
The practical unit of measurement of sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the sound pressure of the measured sound
to the sound pressure of a standard sound (20 micropascals); abbreviated
"dB."
Any sound of such level and duration as to be or tend to
be injurious to human health or welfare or that would unreasonably
interfere with the enjoyment of life or property or exceeding the
limits as set forth in this chapter.
The Code Enforcement Officer of the Town or his designee.
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit
building.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
The sound pressure level measured in decibels with a sound-level
meter set for A-weighting; sound level is expressed in dBA.
An instrument for the measurement of noise and sound.
That which is not required by the usual circumstances.
The sound level, in decibels, reported as measured by a sound-level-measuring
instrument having an A-weighted network which discriminates against
the lower frequencies according to a relationship approximating the
auditory sensitivity of the human ear. The level so read is designated
in dBA.
A.
No person shall cause, suffer, allow or permit the
operation of any source of sound on a particular category of property
or any public space or right-of-way in such a manner as to create
a sound level that exceeds the particular sound level limits set forth
as follows: between 6:00 a.m. and 10:00 p.m., 73 dBA's, and between
10:00 p.m. and 6:00 a.m., 63 dBA's, when determined by a sound-level
measure at the adjoining property line nearest to the sound source.
B.
No person shall cause, suffer, allow or permit the
existence of unnecessary sound which tends to injure, alarm, annoy,
harass or disturb the peace or enjoyment of property of another.
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, regardless of the sound level as determined by a sound-level
measure, but the enumeration herein shall not be deemed to be exclusive:
A.
The use or operation of any radio, television, phonograph,
CD player, musical instrument or other machine or device for the producing,
reproducing or amplification of sound with louder volume than is necessary
for convenient hearing for the person or persons who are voluntary
listeners thereto. It shall be prima facie evidence of a violation
of this subsection if sound emanating from such machine or device
is audible beyond the property line of the premises upon which it
is being used, between the hours of 11:00 p.m. and 10:00 a.m.
B.
The keeping of any animal or bird which, by causing
frequent or long-continued noise, shall disturb the comfort and repose
of any person in the vicinity. For the purposes of this section, a
"noise disturbance from a barking dog" shall be defined as that created
by a dog barking continually for five minutes or intermittently for
10 minutes, unless provoked.
C.
The use of any automobile, motorcycle, all-terrain
vehicle, snowmobile, bus or vehicle in any manner as to create loud
and unnecessary noise.
D.
The discharge into the air of the exhaust of any steam
engine, stationary internal-combustion engine or automobile, motorcycle,
all-terrain vehicle, snowmobile, bus or vehicle engine, except through
a muffler or other device which will effectively prevent loud or explosive
noises therefrom.
E.
The erection, including excavation, demolition, alteration
or repair, of any building other than between 6:00 a.m. and 10:00
p.m., except in the case of urgent necessity in the interest of public
safety as determined by the Noise Control Officer.
F.
The creation of any excessive noise on any street
or property adjacent to any school, institution of learning, court
or church while the same is in session or adjacent to any hospital
or nursing home which unreasonably interferes with the workings of
such institution.
G.
The creation of any loud and excessive noise in connection
with the loading or unloading of any vehicle, or the opening and destruction
of bales, boxes, crates and containers in such a manner as to create
an unreasonable or unnecessary noise of unreasonable extent and duration.
H.
The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention to any sale or display
of merchandise by the creation of noise.
I.
The sounding of any horn or signal device on any vehicle,
motorcycle, bus or other device, except as a warning signal pursuant
to the provisions of Subdivision 1 of § 375 of the Vehicle
and Traffic Law of the State of New York.
J.
The use of any radio apparatus, talking machine, loudspeaker, public address system or amplifier attached thereto in such a manner that the loudspeaker shall cause the sound from such device to exceed the level set forth in § 78-4 at the property line nearest the sound source.
K.
The creation of any noise which causes public inconvenience
or alarm or disturbs the public's peace, comfort and tranquility.
L.
The use or operation of any device, vehicle, construction
equipment or real property 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.
A.
It shall be unlawful for any person to use or operate
or cause to be used or operated any sound device or apparatus in,
on, near or adjacent to any public street, park or place for commercial
or business advertising purposes or for any person to operate or drive
any automobile, truck or other vehicle for commercial or business
advertising by means of any sound device or apparatus. The use of
any trade, business or corporate name or the name of any person, proprietor
or vendor in such commercial or business advertising shall be presumptive
evidence that such advertising was conducted by that person, business
or corporation.
B.
It shall be unlawful to operate any radio apparatus,
talking machine, loudspeaker, amplifier or other sound-making device
in any street, park or public gathering place in such a fashion as
to exceed a noise level of over 63 dBA's as measured 20 feet from
the sound-producing device.
The following sounds shall not be deemed to
be a violation of this chapter:
A.
Sounds created by church bells or chimes.
B.
Sounds created by any government agency by the use
of public warning devices.
C.
Sounds created by chainsaws, lawn mowers, leaf blowers,
weed whippers, snowblowers or other real property maintenance equipment
between the hours of 7:00 a.m. and 10:00 p.m. or during or within
two hours of a snowstorm.
D.
Sounds created by public utilities in carrying out
the operation of their franchises.
E.
Sounds connected with sporting events of any not-for-profit
organization, public or private school, authorized carnival, fair,
exhibition or parade.
F.
Sounds on private property which do not carry beyond
the boundary lines of the property on which they were created.
G.
Sounds created in the exercise of any trade, industry,
business or employment between the hours of 6:00 a.m. and 10:00 p.m.,
provided that it is not conducted in such a manner as to create any
unreasonable or unnecessary noise to any unreasonable extent and duration.
Every person convicted of a violation of any
of the provisions of this chapter shall, for the first conviction
thereof, be punished by a fine of not less than $100 and not more
than $500; for a second or subsequent conviction within 12 months
after any previous conviction, such person shall be punished by a
fine of not less than $200 and not more than $1,000 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.
Each day of continued violation shall constitute a separate additional
violation.
The chapter shall be administered and enforced
by the Noise Control Officer.
Any portions of ordinances, resolutions or regulations
heretofore adopted in conflict with this chapter are hereby repealed.
This chapter shall take effect immediately upon
filing with the Secretary of State.
