[HISTORY: Adopted by the Town Board of the Town of Amherst 11-3-2003 by L.L. No.
12-2003;[1] amended in its entirety 7-21-2014 by L.L. No. 30-2014. Subsequent amendments noted where applicable. For additional information
regarding 2010, 2011 and 2012 state local law numbers, refer to the
Disposition List at the end of this volume.]
GENERAL REFERENCES
Alarms — See Ch. 65.
Blasting and explosives — See Ch. 78.
Vehicles and traffic — See Ch. 186.
[1]
Editor's Note: This local law also repealed former Ch.
138, Noise, adopted 7-6-1993.
The Amherst Town Board determines that the creation of unreasonable
noise within the Town limits of Amherst is detrimental to the comfort,
convenience, safety, health and welfare, and to the quality of life
of the citizens of the Town. Therefore, it intends hereby to prohibit
all unreasonable noise from all sources subject to its police power
in order to preserve, protect and promote the health, safety and welfare,
and the peace, quiet, comfort and repose of all persons within the
Town.
As used in this chapter, the following terms shall have the
meanings indicated:
The sound-pressure level of the all-encompassing noise associated
with a given environment, being usually a composite of sounds from
many sources and/or the A-weighted sound-pressure level exceeded 90%
of the time L90% based on a minimum period of 10 minutes.
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighting network by a trained operator. The level
so read is designated dB(a) or dBA.
The practical unit of measurement for sound-pressure level;
the number of decibels of measured sound is equal to 20 times the
logarithm to the base of 10 of the ratio of the sound pressure of
the measured sound to the sound pressure of standard sound (20 micropascals);
abbreviated dB.
Any property, including vacant land, which is not used for
residential purposes, as defined herein.
Property which contains one or more dwelling units, including
but not limited to single-family attached or detached dwelling units,
multiple dwellings, hotels, motels, senior citizen housing, adult
residential care facilities, nursing homes, dormitories, sororities
and fraternities.
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 located within a multiple-dwelling-unit
building.
An instrument for the measurement of sound levels conforming
to American National Standards Institute Type I or II standards.
Any device, instrument, mechanism, equipment or apparatus
for the amplification of any sounds from any radio, phonograph, tape
player, compact disc player, musical instrument, television, loudspeaker
or other sound-making or sound-producing device, or any device or
apparatus for the reproduction or amplification of the human voice
or other sound.
Any device, fixed or movable, which is located or used on
geographically defined real property other than a public right-of-way.
Any noise defined in § 138-5 of this chapter.
It shall be unlawful for any person to make, continue, cause
to be made or permit to be made any unreasonable noise within the
geographic boundaries of the Town of Amherst, or within those areas
over which the Town has jurisdiction.
A determination as to the existence of unreasonable noise may be established by the specific acts enumerated within § 138-5 of this chapter.
The following acts and the causes thereof are declared to be
in violation of this chapter:
A.
The use of any sound-reproduction device outside of a structure whereby
the sound emitted from such device is audible on property being used
for residential purposes at a point more than 100 feet from the real
property boundary line of the property from which said noise emanates.
B.
The use or operation of any sound-reproduction device inside a structure
so as to result in the sound, or any part thereof, emitted from such
device to be projected therefrom outside the structure whereby the
sound emitted from such device is audible on property being used for
residential purposes at a point more than 100 feet from the real property
boundary line of the property from which the noise emanates.
C.
The use and operation of any sound-reproduction device in a vehicle
which would constitute a threat to the safety of pedestrians or vehicle
operators or where conditions of overcrowding or any street repair
or any other physical conditions are such that the use of a sound-reproduction
device would deprive the public of the right to the safe, comfortable,
convenient, and peaceful enjoyment of a public street, park or place
for public purpose and would constitute a threat to the safety and
welfare of the public. Said noise disturbance is deemed to be in violation
of this section if it can be heard from a distance of greater than
50 feet.
D.
The use or operation of any sound-reproduction device in a vehicle
which would constitute a threat to the safety of pedestrians or vehicle
operators.
E.
The use or operation of any sound-reproduction device within 500
feet of any school, church or courthouse while the same is in session
so as to interfere with the function of such facility, provided that
conspicuous signs are displayed indicating the location of such facility.
F.
The use or operation of any sound-reproduction device within 500
feet of any hospital, nursing home or medical facility so as to interfere
with the function of such facility or so as to disturb the quiet,
comfort or repose of a reasonable person of normal sensitivities while
confined to or being treated at such facility, provided that conspicuous
signs are displayed indicating the location of such facility.
G.
Snow removal equipment: The use of snow removal equipment between
the hours of 11 p.m. and 7:00 a.m. of the following day so as to disturb
the quiet, comfort or repose of a reasonable person of normal sensitivities.
H.
The use or operation of any audible burglar alarm or motor vehicle
burglar alarm, unless the operation of such alarm shall be terminated
within 10 minutes after such alarm is first activated.
I.
The operation of any motor vehicle with a gross vehicle weight rating
in excess of 10,000 pounds, or any auxiliary equipment attached to
such motor vehicle, for a period longer than 15 minutes in any hour
while the vehicle is stationary for reasons other than traffic congestion,
so that the sound emanated therefrom is audible on property being
used for residential purposes between the hours of 9:00 p.m. and 7:00
a.m. of the following day. This provision shall not apply to authorized
emergency vehicles or to public utility vehicles actually engaged
in emergency operations.
J.
The operation, repair, rebuilding, modifying or testing of any motor
vehicle, motorcycle, motorboat, go-cart or minibike on property being
used for residential purposes so as to disturb the quiet, comfort
or repose of a reasonable person of normal sensitivities.
K.
The use or operation of a refuse-collecting vehicle anywhere which,
when collecting or compacting, projects sound which is audible on
property being used for residential purposes between the hours of
9:00 p.m. and 7:00 a.m. of the following day.
L.
The owning, possessing or harboring of any animal or bird which shall
make sounds which are audible on property being used for residential
purposes for a continued duration in excess of 15 minutes or which
shall disturb the quiet, comfort or repose of a reasonable person
of normal sensitivities.
M.
The conduct of any construction activities, including but not limited
to the erection, demolition, assembling, altering, installing or equipping
of buildings, public or private roadways, roads, premises, parks,
utility lines or other property, including related activities such
as land clearing, grading, earthmoving, excavating, blasting, filling
or landscaping, so as to project a noise therefrom which is audible
on a property being used for residential purposes except that such
activities may be conducted 1) between 7:00 a.m. and 9:00 p.m., on
Monday through Friday; 2) between 8:00 a.m. and 5:00 p.m. on Saturday;
and 3) between 9:00 a.m. and 5:00 p.m. on Sunday.
N.
The making of any noise for advertising purposes in any street or
public place or by means of aircraft; the advertisement, article,
business, calling or profession upon any street, sidewalk or entrance
to a place of business by means of any horn, megaphone, siren, bell,
radio or any other sound-producing or sound-amplifying mechanism,
instrument or device.
O.
The use of any sound-reproduction device associated with a drive-through
facility between the hours of 10:00 p.m. and 6:00 a.m. of the following
day.
P.
Noise levels by land use:
(1)
For noise that is not defined as a violation in items A through O of § 138-5, it shall be unlawful for any person to operate or permit to be operated any stationary noise source in such a manner as to create a sound-pressure level in dB(A)s which exceeds the limits set forth for the receiving land use category in Table I when measured at the property boundary.
|
Table I: Maximum Permissible Sound Levels by Receiving
Land Use Category
| |||
|---|---|---|---|
|
Maximum Permissible Sound Level (dBAs) Receiving Land
Use
| |||
|
Sound Source Land Use Category
|
Time Period
|
Residential
|
Nonresidential
|
|
Residential
|
7:00 a.m. to 11:00 p.m.
|
70
|
75
|
|
11:00 p.m. to 7:00 a.m.
|
50
|
50
| |
|
Nonresidential
|
7:00 a.m. to 11:00 p.m.
|
70
|
75
|
|
11:00 p.m. to 7:00 a.m.
|
50
|
75
| |
The following sounds shall not be deemed to be in violation
of this chapter:
A.
The sound created by bells or chimes associated with a church, synagogue
or any other place of public worship.
B.
The sound created by any governmental agency or by the use of public
warning devices.
C.
The sound created by public utilities in carrying out the operations
of their function.
D.
The sound created by sporting events of any public organization or
private school, or carnival, fair, exhibition or parade, provided
that such event shall take place between the hours of 7:00 a.m. and
11:00 p.m.
A.
When the enforcement officer or official seeks to apply the decibel
provisions set forth in the aforementioned Table I relative to any
violation of this chapter, such officer shall use a sound-level meter
conforming to ANSI (American National Standards Institute). Type II
standards shall be used and shall be calibrated at least annually.
Qualified Town personnel approved by the Chief of Police shall operate,
witness and read the sound-level meter(s) and related equipment. The
wind-velocity gauge shall conform to accepted standards and shall
be checked periodically for accuracy.
B.
This chapter shall be enforced by the Police Department of the Town
of Amherst.
Any person who shall violate any of the provisions of this chapter
shall be guilty of a violation and shall be punishable by a fine of
not more than $250 or imprisonment for not more than 15 days, or both.
Each day that such violation occurs shall be deemed a separate offense
punishable as such. This chapter shall be enforced by the Town of
Amherst Police Department.
If any section, subdivision, paragraph, sentence or other portion
of this chapter shall for any reason be held or adjudged to be invalid
or illegal or unenforceable by any court of competent jurisdiction,
it is the intention of the Town Board that such section, subdivision,
paragraph, sentence or other portion so adjudged invalid, illegal
or unenforceable shall be deemed separate, distinct and independent,
and the remainder of this chapter shall be and remain in full force
and effect.
The Noise Ordinance of the Town of Amherst, adopted by the Town
Board on July 6, 1993, and all amendments thereto, are hereby repealed.
This chapter shall be effective upon its filing with the Secretary
of State.
