[HISTORY: Adopted by the Town Board of the Town of Busti
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-10-1989 by L.L. No. 3-1989 (Art. 37 of the 1989
Code)]
To promote the safety and general welfare of the public and
to maintain the quality of neighborhoods by reducing continuous or
frequent unreasonably loud noises associated with the operation of
gas compressors, generators and equipment connected thereto. The conditions
specified in this article are to be enforced for all gas compressors,
generators and equipment connected thereto not already subject to
New York State law and regulations.
A.
Permit requirements. A special use permit shall be required for the
placement of a gas compressor, generator and all equipment connected
thereto.
B.
Preexisting gas equipment. All gas compressors, generators and equipment
connected thereto in place or being placed on real property at the
time of the enactment of this article and for which a permit has not
been issued by the Code Enforcement Officer of the Town of Busti shall
be subject to the following conditions: location, noise levels, certification
of noise levels, buffers, identification signs and protective fencing.
Notification to comply must be given within 10 days of enactment,
and compliance shall take place within 60 days after notification.
A longer compliance period may be granted by the permitting officer
after appropriate public hearing if the cost of alterations are significantly
high.
All gas compressors, generators and equipment connected thereto
shall be located and designed such that the noises associated with
the use shall be mitigated to the standards set forth herein. It shall
be unlawful for any person or firm owning or operating gas compressors,
generators and related motorized equipment to make, continue, or cause
to be made or continued, any noise in excess of the standards specified
herein. The following specific conditions shall be met:
A.
Location. The equipment and appropriate mechanical silencing apparatus
shall be appropriately located with consideration given to predominant
wind direction, topography, location of dwelling units and other relevant
physical factors, including ambient noise levels and natural acoustical
buffers. The equipment shall be located on land owned or leased by
the operator of the equipment and placed no closer than 500 feet (as
a safety factor only) from any dwelling unit which is present on the
date the permit is granted and from all proposed residential construction
for which a zoning permit has been received and substantial work has
been completed within one year from the granting of the permit.
B.
Noise levels:
(1)
Decibel level (existing equipment). The compressors, generators and
equipment connected thereto shall be designed, operated and maintained
by the owner or operator so that the sound level produced by the equipment
does not exceed 40 decibels (A-weighted) (expressed as 40 dBA) sound
level at the exterior of any presently existing residence and all
proposed residential construction for which a zoning permit has been
received and substantial work has been completed within one year from
the granting of the permit.
(2)
Decibel level (proposed equipment). The compressor, generator and
equipment connected thereto shall be designed, operated and maintained
with good engineering practices and shall not emit noise at a level
exceeding 40 dBA at the distance from the compressor predicted by
the inverse square law and atmospheric attenuation at standard conditions
to yield 40 dBA when the criteria [(52 plus 10 log HP) dBA at 50 feet
on-axis to the heat-exchanger fans] is invoked.
(3)
The compressor, generator and equipment connected thereto shall not be operated except for daytime testing until the owner or operator demonstrates that the compressor meets the performance standards expressed in Subsection B(1) and (2) above. It is the responsibility of the owner or operator of the equipment to satisfy these standards.
C.
Certification of noise level. Prior to being granted a permit for
the placement of equipment, the owner or operator of the equipment
proposed to be placed shall be responsible for verifying that the
equipment and quieting devices (silencer, low-speed fan, building,
buffers, etc.) as proposed will meet the specified decibel level requirements.
An ambient noise study conducted by a qualified expert in acoustical
engineering must be submitted in writing with the permit application
for the ambient noise level of the location and at occupied dwelling
units located in proximity thereto. Additionally, after placement
of the equipment is completed, along with specified quieting devices,
the same noise consultant must verify that the decibel requirements
are complied with.
D.
Buffers. Where it is deemed necessary, either a natural or man-made
acoustical buffer may be required for the purpose of minimizing the
nuisance associated with the equipment. In extreme cases, where no
alternative is available, a fully enclosed and muffled structure may
be required.
E.
Identification sign. Each piece of equipment shall be identified
with a sign conspicuously placed at the intersection of the access
road and the public highway, identifying the equipment, its location,
and the name of the person/company responsible for the unit, and a
twenty-four-hour emergency telephone number.
All compressors, generators and related equipment not surrounded
by a building constructed to bring the equipment in compliance with
the decibel levels herein specified shall be surrounded by a protective
fence of suitable construction as a safety factor.
Failure to comply with any provision of this article or the
Uniform State Fire Prevention and Building Code shall be deemed a
violation, and the violator shall be liable for a fine of not more
than $250 or imprisonment not to exceed 15 days, or both, and each
day such violation continues shall constitute a separate violation.
[Adopted 5-1-2006 by L.L. No. 1-2006]
A.
It is hereby declared to be the policy of the Town to prevent excessive,
unnecessary or unusually loud noises. It is further declared that
the purpose of the provisions and prohibitions hereinafter contained
is to preserve, protect and promote the public health, comfort, convenience,
safety and welfare, and the peace and quiet of the Town of Busti and
its residents.
B.
The following provisions shall be construed so as to effectuate the
purposes described herein, but nothing herein shall be construed to
abridge the emergency powers of any Town department or the right of
such department to engage in any necessary or proper activities. Nor
shall anything herein abridge the powers and responsibilities of any
police department or law enforcement agency to enforce the provisions
hereof.
A.
The creation of any unreasonably loud, disturbing and unnecessary
noise is prohibited. Said noise shall be defined as sound:
B.
The following acts and the causing thereof are declared to be loud,
disturbing and unnecessary noises in violation of this article, but
this enumeration shall not be deemed to be exclusive:
(1)
Horns and signaling devices. The sounding of any horn or other signal
device on any automobile, motorcycle, bus or other vehicle while stationary,
except as a danger signal when an approaching vehicle is apparently
out of control, or, if in motion, only as a danger signal after or
as brakes are being applied and deceleration of the vehicle is intended;
the creation by means of any such signal device of any unreasonably
loud or harsh sound or the sounding of any such device for an unnecessary
period of time.
(2)
Noisy vehicles.
(a)
The operation of an automobile, motorcycle or other vehicle
so out of repair, so loaded or in such a manner as to create loud,
unnecessary grating, grinding, rattling or other noise;
(b)
The operation of any vehicle in such a manner as to cause unnecessary
noise by spinning or squealing the tires or revving the motor of such
vehicle; or
(c)
The operation of any vehicle whose muffler, exhaust system or
other noise control device has been so modified to increase the noise
emitted by such vehicle above that emitted by the vehicle when newly
manufactured regardless of the date of the manufacture.
(3)
Recreational vehicles, including snowmobiles. The operation or permitting
the operation of any motor-powered recreational vehicle not licensed
for operation on public streets pursuant to the Vehicle and Traffic
Law in such a manner as to create unnecessary noise that unreasonably
disturbs or interferes with persons in the peaceful and quiet enjoyment
of their property.
(4)
Discharge of exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motor vehicle or boat engine or motor, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. See § 297-2 for special provisions applicable to natural gas compressors.
(5)
Construction, demolition and excavation. The erection, including
excavating, demolition, alteration or repair, of any building other
than between 7:00 a.m. and 11:00 p.m., except in case of an urgent
necessity in the interest of public safety.
(6)
Noise near schools, churches and other institutions. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court, while the same is in session, or adjacent
to any hospital, which unreasonably interferes with the working of
such institutions, provided that conspicuous signs are displayed in
such street indicating that the same is a school, hospital, church
or court street.
(7)
Loading and unloading. The creation of a loud and excessive noise
in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
(8)
Drums, loudspeakers and similar devices. The use of a drum, loudspeaker
or any other sound-producing instrument or device for the purpose
of attracting public attention by the creation of noise, except where
authorized by special permit to be issued by the Town Board, which
shall make reasonable rules and regulations therefor.
(9)
Sound reproduction. The operation, playing or permitting of the operation
or playing of any radio, television, phonograph, drum, musical instrument,
sound amplifier or similar device which produces, reproduces or amplifies
sound as to produce unreasonable or unnecessary noise at any time,
except for activities open to the public or for the public benefit
and for which permission has been granted by the Town.
(10)
Animals. Keeping, permitting or maintaining any animal under
one's control that causes unnecessary noise by continued barking,
howling or other animal noises which can be heard beyond the boundary
of the owner's or caretaker's property.
(11)
Shouting. Shouting, yelling, calling, hooting, whistling or
singing on public streets or in public places in such a manner and
for a period of time as to be unreasonable under the circumstances.
(12)
Noise from tools, machinery and heavy equipment in the construction,
repair or alteration of property. The use of domestic or industrial
tools, machinery and equipment of any kind in construction, repair
or alteration of property, resulting in loud grinding, hammering,
sawing and similar noise, if said noise is unnecessary or unreasonable
under the circumstances.
(13)
Noise in the conduct of any business. The creation of unreasonable
or unnecessary noise in the operation, conduct and/or maintenance
of any business, factory, plant yard or manufacturing establishment
(except as otherwise provided in this article), including but not
limited to excavation, blasting, grinding, breaking, crushing or processing
of any substance.
This article shall not apply to sound produced by the following:
A.
Amplifying equipment used in connection with activities the Town
authorizes, sponsors or permits, if the activity is conducted pursuant
to the conditions of the license, permit or contract authorizing the
activity.
B.
Church bells or chimes or carillons.
C.
School bells.
D.
Antitheft devices.
E.
Machines or devices producing sound on or in authorized emergency
vehicles.
F.
Snowblowers, snow throwers and snowplows, when operated with a muffler
for the purpose of snow removal.
G.
Commercial racing tracks.
H.
Shooting clubs.
I.
Usual farm and agricultural operations and practices.
A.
When excessive, unnecessary or unusually loud noises, as defined
herein, are reported and/or observed, the person or persons responsible
shall be advised of any conduct prohibited herein by the police or
any Town officer authorized to enforce the provisions of this article.
After such warning, if any party shall continue or repeat said conduct
or similar conduct, he shall be in violation of this article.
B.
It shall be sufficient if said warning is oral and/or in person or
over the telephone.
Any property owner or other person, firm, corporation or other
entity that shall commit an act in contravention of this article shall
be:
A.
Deemed to have committed a violation, as provided in the Penal Law,
and shall be punished for each violation by a fine not to exceed $250,
a term of imprisonment for not more than 15 days, or by both such
fine and imprisonment. Each incident of violation of a provision hereof
shall constitute a separate offense.
B.
Subject to a civil penalty not to exceed $100 a day for each day
of continued violation in excess of one week, which penalty may be
assessed against and recovered from the violator in a small claims
proceeding instituted by the Town of Busti in the Town Justice Court
pursuant to Article 18 of the Uniform Justice Court Act.
C.
Subject to an action or proceeding by the Town of Busti in any court
of competent jurisdiction to compel compliance with or to restrain
violation of any provision of this article by injunction or other
equitable relief, such equitable remedy to be in addition to any other
penalties prescribed in this or any other law.
D.
Subject to injunctive relief in favor of the Town of Busti to cease
any and all such actions which conflict with this article and, if
necessary, to enjoin any act in violation of this article.
A violation of this article shall be enforceable by any peace
officer, police officer or law enforcement agency that has jurisdiction
in the Town of Busti, who shall have authority to issue appearance
tickets for violations of any provision of this article.
