[HISTORY: Adopted by the Council of the City of Mount Vernon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-12-1980, approved 3-13-1980[1]]
[1]
Editor's Note: This ordinance also repealed former Ch. 178,
Art. I, Unnecessary Noise, adopted 11-13-1957 as Ch. 25 of the General
Ordinances of the City of Mount Vernon, approved 11-15-1957, as amended.
This article shall be known as the "Mount Vernon Noise Control
Ordinance."
It is hereby declared to be the policy of the City of Mount
Vernon to prevent excessive, unnecessary or unusually loud noise which
may jeopardize the well-being or health or welfare of its citizens
or degrade the quality of life. The provisions and prohibitions hereinafter
contained and enacted are for the above-mentioned purpose.
All definitions used in this article, where applicable, shall
be in conformance with the terminology of the American National Standards
Institute. A copy of the American National Standards definitions shall
be available at the City Clerk's office for public use. Unless otherwise
indicated by context, the following terms and phrases shall have the
meanings indicated:
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighing network and designated as db(A).
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources near and far.
A device which draws in air or gas, compresses it and delivers
it at a higher pressure.
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public
or private highways, roads, premises, parks, utility lines or other
property, including but not limited to related activities such as
land clearing, grading, earthmoving, excavating, blasting, filling
and landscaping.
Any location, including land and water, where construction
takes place.
Any sound that is not an impulsive sound.
A unit for measuring the volume of a sound, equal to the
logarithm to the base 10 of the ratio of the pressure of the sound,
and the quantities concerned are proportional to power (American National
Standards Institute terminology).
Any machine, mechanism or equipment which is intended to
or which actually produces sound or vibration.
A sound wave whose instantaneous sound pressure varies essentially
as a simple sinusoidal function of time (American National Standards
Institute terminology).
A system which removes and transports air or gas from a device.
A function periodic in time which is the reciprocal of the
period (American National Standards Institute terminology).
A sound of short duration, usually less than one second and
of high intensity, with an abrupt onset and rapid decay (American
National Standards Institute terminology). Examples include an explosion
or discharge of a firearm.
The A-weighted sound level measured with slow response that
is exceeded 10% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
The A-weighted sound level measured with slow response that
is exceeded 90% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
The weight of the vehicle unladen, plus the weight of the
maximum load to be carried by such vehicle during the registration
period or the maximum gross weight for which the vehicle is registered,
whichever is greater (New York State Vehicle and Traffic Law).
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power (New York State
Vehicle and Traffic Law).
A device for abating the sound of escaping gases of an internal
combustion engine or other sound source.
An area adjacent to a site, including but not limited to
any authorized school, church, senior citizen center, day-care center
or hospital, which requires specific noise limitations.
Any powered construction device that is designed to be used
or is actually used to cut or trench pavement, subbase macadam, gravel,
concrete or hard ground.
Includes the singular and plural and also any person, firm,
corporation, association, club, partnership, society or any other
form of association or organization.
Any highway, road, street, avenue, alley, public place, public
driveway or any other public way (New York State Vehicle and Traffic
Law).
A railroad operated for public use for conveying people or
property for compensation, and includes all material and facilities
used therewith.
Any vehicle which is propelled by any power other than muscular
power that is designed for or capable of cross-country travel, such
as a motorcycle, trailbike or minibike. A "recreational vehicle" is
also classed as a motor vehicle when such recreational vehicle is
operated or driven upon a public highway. A snowmobile is any self-propelled
vehicle designed for travel on snow or ice.
Any motor vehicle designed to compact and transport refuse.
An oscillation in pressure, stress, particle displacement
or other physical parameter, in a medium with internal forces (American
National Standards Institute terminology).
The weighted pressure level, measured by the use of a metering
characteristic and the weighing A, B, C (American National Standards
Institute terminology).
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighing networks for the measurement of sound
levels (American National Standards Institute terminology).
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any musical instrument, radio, television, tape recorder, phonograph
or any other sound-amplifying equipment.
Any activity or device that produces sound.
Any vehicle having mounted thereon or attached thereto sound-amplifying
equipment.
Any zone as defined in the Zoning Ordinance of the City of
Mount Vernon.[1]
[Amended 7-12-1989; approved 7-13-1989]
A.
It shall be unlawful for any person to make, continue or cause to
be made or continued any excessive, unnecessary or unusually loud
noise.
B.
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this article, namely:
(1)
Horns, signaling devices, etc.: the sounding of any horn or signaling
device on any automobile, motorcycle, streetcar or other vehicle on
any street or public place of the City, except as a danger warning;
or the use of any signaling device or the use of any horn, whistle
or other device operated by engine exhaust, except when such device
is used to give notice of the time to stop and start work or school.
(2)
Radios, phonographs, televisions, etc.: the using, operating or permitting
to be played, used or operated of any radio receiving set, musical
instrument, phonograph or other machine or device for the producing
or reproducing of sound in such a manner as to unreasonably disturb
the peace, quiet and comfort of the neighborhood inhabitants or at
any time with louder volume than is necessary for convenient hearing
for the person or persons who are in the room, vehicle or chamber
in which such machine or device is operated and who are voluntary
listeners thereto. The operation of any such set, instrument, phonograph,
machine or device in such a manner as to be plainly audible at a distance
of 50 feet from the source of the noise shall be prima facie evidence
of a violation of this section.
(3)
Loudspeakers and amplifiers for advertising: the using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
for the purpose of commercial advertising or attracting the attention
of the public to any building or structure.
(4)
Yelling, shouting, etc.: yelling, shouting, hooting, whistling or
singing on the public streets at any time or place so as to annoy
or disturb the quiet, comfort or repose of persons in any office or
in any dwelling, hotel or other type of residence or of any persons
in the vicinity. Yelling and shouting clearly audible at a distance
of 50 feet from the source of the noise shall be prima facie evidence
of a violation of this section.
(5)
Animals, birds, etc.: the keeping of any animal or bird which, by
causing frequent or long-continued noise, disturbs the peace, quiet
and comfort of the neighborhood inhabitants. Animal or bird noises
audible at a distance of 50 feet from the source of the noise shall
be prima facie evidence of a violation of this section.
(6)
Air conditioning, air-handling devices and refrigeration units, including
those on trucks, audible at a distance of 50 feet.
(7)
Exhausts: the discharge into the open air of the exhaust of any steam
engine, internal combustion engine or other motor, motorboat or motor
vehicle, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(8)
Defect in vehicle or load: the use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such a manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
(9)
Loading, unloading or opening boxes: the creation of any unreasonably
loud and excessive noise in connection with loading or unloading any
vehicle or the opening and destruction of bales, boxes, crates and
containers.
(10)
Construction or repairing of buildings: the erection (including excavation), demolition, alteration or repair of any building, including the use of any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other equipment, the use of which is attended by loud or unusual noise, other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety and then only with a permit as provided for in § 178-4.14 or 178-4.15.
(11)
Schools, courts, churches and hospitals: unless a permit has been
issued pursuant to § 178-15, the creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while the same is in use, or adjacent to any hospital,
which unreasonably interferes with the workings of such institution
or which disturbs or unduly annoys patients in the hospital, provided
that conspicuous signs are displayed in such street indicating that
the same is a school, hospital or court street.
(12)
Hawkers and peddlers: the shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood.
Shouting and crying audible at a distance of 50 feet from the source
of the noise shall be prima facie evidence of a violation of this
section.
(13)
Musical instruments: the use of any musical instrument or device
for the purpose of attracting attention by the creation of noise to
any performance, show or sale.
(14)
Transportation of metal rails, pillars and columns: the transportation
of rails, pillars or columns or iron, steel or other material over
and along streets and other public places upon carts, trays, cars,
trucks or in any other manner so loaded as to be audible at a distance
of 50 feet from the source of the noise.
(15)
Testing of car alarms: The testing of automobile alarms through the
sounding of the alarm at an establishment for the installation or
repair of automobile alarms located within 100 feet of a residential
zoning district shall be prohibited, unless said testing occurs within
a building in an area within said building which has no open windows
or doors during the time of testing or unless a muffler has been attached
to said car alarm so as to prevent the emanation of unreasonable noise
which would disturb the quiet and comfort of the neighborhood inhabitants.
Noise audible at a distance of 50 feet from the source of the noise
shall constitute prima facie evidence of a violation of this section.
(16)
The operation of any electric-powered motor or device, the operation
of which causes unreasonable noise so as to disturb the peace, quiet
and comfort of the neighborhood inhabitants. Noise audible at a distance
of 50 feet from the source of the noise shall constitute prima facie
evidence of a violation of this section.
A.
It shall be unlawful for any person to operate or cause to be operated
on a public highway any motor vehicle or combination of vehicles at
any time, under any condition of grade, load, acceleration or deceleration,
in such a manner as to exceed the applicable A-weighted sound level
set forth in this section. The maximum allowable sound levels are
based on a sound level measured at, or adjusted to, a distance of
50 feet from the center of the lane in which the motor vehicle is
traveling. These limits shall apply to the total sound level emitted.
B.
This section shall not apply to authorized emergency vehicles.
|
Maximum Allowable A-Weighted Sound Levels
| |||
|---|---|---|---|
|
(Environmental Protection Agency Regulations)
| |||
|
Vehicle
|
Maximum Speed
| ||
|
35 mph or Less
|
Greater than 35 mph
| ||
|
Any motor vehicle or combination of vehicles with a maximum
gross weight in excess of 10,000 pounds
|
86 db(A)
|
90 db(A)
| |
|
Any motorcycle
|
82 db(A)
|
86 db(A)
| |
|
Any other motor vehicle or combination of vehicles
|
76 db(A)
|
82 db(A)
| |
It shall be unlawful for any person to operate or cause to be
operated on a public highway any motor vehicle or combination of vehicles
with a maximum gross weight in excess of 10,000 pounds and equipped
with an engine speed governor which generates an A-weighted sound
level in excess of 88 db(A), measured at, or adjusted to, a distance
of 50 feet from the longitudinal center line of the vehicle, when
its engine is accelerated from idle with a wide-open throttle to governed
speed with the vehicle stationary, transmission in neutral and clutch
engaged. (Environmental Protection Agency regulations.)
No person shall operate or permit to be operated a refuse-collecting
vehicle which, when collecting or compacting, exceeds a sound level
of 80 db(A) at a distance of 10 feet from any surface of the collecting
or compacting unit.
No person shall operate or permit to be operated any recreational
vehicle off a public highway at any time, at any speed or under any
condition of grade, load, acceleration or deceleration or in any manner
whatsoever, as to exceed the sound level limits set forth in the following
tables for the specified date of manufacture. The limits shall apply
at a distance of 50 feet from such recreational vehicle.
|
Recreational Vehicles
| ||
|---|---|---|
|
Sound Level Limit
| ||
|
Date of Manufacture
|
Displacement Less than 240cc
|
Displacement Greater than 240cc
|
|
6/1/1970 to 5/31/1973
|
89 db(A)
|
92 db(A)
|
|
6/1/1973 to 5/31/1978
|
87 db(A)
|
90 db(A)
|
|
6/1/1978 to 5/31/1983
|
83 db(A)
|
86 db(A)
|
|
6/1/1983 and after
|
76 db(A)
|
77 db(A)
|
|
Snowmobiles
| |
|---|---|
|
Date of Manufacture
|
Sound Level Limit
|
|
6/1/1972 to 5/31/1975
|
82 db(A)
|
|
6/1/1975 to 5/31/1978
|
78 db(A)
|
|
6/1/1978 and after
|
73 db(A)
|
No person shall operate or permit to be operated any railroad
locomotive, cars, any other rolling stock or equipment so as to cause
a violation of the allowable sound levels adopted by the federal government.
No person shall operate or permit to be operated any aircraft
so as to cause a violation of the Federal Aviation Administration's
certified noise levels as presented in Advisory Circular 36-1 and/or
in all future revisions and publications.
No person shall operate or permit to be operated an air-conditioning
or air-handling device that exceeds the maximum sound-level limitations
provided in this section.
A.
In areas zoned residential, single-family or multiple-dwelling units,
continuous sound in air which has crossed the property line shall
not exceed 55 db(A) at any point.
B.
The provisions of this section shall not apply if the sound from
the air conditioner or air-handling device produces less than a five
db(A) increase in the sound level that exists in the absence of such
sound. (Provisions agree with recommendations of the Environmental
Protection Agency and the Air Conditioning and Refrigeration Institute).
No person shall operate or permit to be operated an air compressor
unless a muffler certified by the manufacturer of such muffler to
provide a dynamic insertion loss of not less than 20 db(A) of the
sound emitted from the exhaust of such compressor is installed on
such exhaust.
No person shall operate or permit to be operated a paving breaker
manufactured prior to December 31, 1974, other than one operated electrically
or hydraulically, unless a muffler certified by the manufacturer of
such muffler to provide a dynamic insertion loss of five db(A) of
the sound emitted from the air exhaust of such paving breaker is installed
on such air exhaust.
No person shall operate or permit to be operated a place of
public entertainment, including but not limited to a restaurant, bar,
cafe, discotheque or dance hall, in which the sound level is equal
to or exceeds 95 db(A) for more than 30 seconds at the location of
the spectators.
No person shall operate or permit to be operated in a zoning
district, as defined in the Mount Vernon Zoning Ordinance,[1] any device 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 an A-scale decibel level. The measurement
shall be conducted at the property line on which such noise is generated
or perceived, whichever is appropriate, in a residential district,
or at the boundary lines of the receiving land use district. The provisions
of this section shall not apply to areas of federal preemptions.
A.
Residential zoned district.
(1)
During the hours of 8:00 a.m. to 8:00 p.m., noise levels within
any residential zoned district shall not exceed 65 db(A) or an L10 in excess of 60 db(A).
(2)
During the hours of 8:00 p.m. to 8:00 a.m., noise levels within
any residential zoned district shall not exceed 55 db(A) or an L10 in excess of 50 db(A).
B.
Commercial zoned district. Noise levels within any commercial/retail
zoned districts shall not exceed 65 db (A) or an L10 of 60 db(A).
C.
Manufacturing zoned district.
(1)
Noise levels within any manufacturing zoned districts shall
not exceed 70 db(A) for a duration of 24 hours per day.
(2)
At no point on the boundary of a residential zoned district
shall the sound level of any manufacturing operation exceed the following
L10 levels:
|
District
|
Measured
|
Level
| |
|---|---|---|---|
|
M-1
|
At residential district boundary
|
60 db(A)
| |
|
M-2
|
At residential district boundary
|
60 db(A)
| |
|
M-3
|
At residential district boundary
|
65 db(A)
|
(3)
At no point on the boundary of a commercial/retail district
shall the sound level of any manufacturing operation exceed the following
L10 levels:
|
District
|
Measured
|
Level
| |
|---|---|---|---|
|
M-1, M-2, M-3
|
At commercial district boundary
|
65 db(A)
|
(4)
Noise regulations for workers in manufacturing districts is
regulated by the Occupational Safety and Health Act.
D.
Construction sites. No person shall conduct or permit to be conducted
activities, such as the erection, including excavation, demolition,
alteration or repair, of any building other than between 7:00 a.m.
and 6:00 p.m. on weekdays, except in the event of urgent necessity
in the interest of safety and then only provided a permit in writing
has been issued by the Commissioner of Buildings, in a manner as to
produce a sound level exceeding the limitations in this section.
(1)
Residential zoned districts. During the hours of 8:00 a.m. to
8:00 p.m. on weekdays, noise levels from a construction site shall
not exceed an L10 of 70 db(A) when measured
at a distance of 400 feet from the construction site; during the hours
of 8:00 p.m. to 8:00 a.m., on weekends, noise levels shall not exceed
an L10 of 55 db(A) when measured at a distance
of 400 feet from the construction site.
(2)
Commercial/retail zoned districts. During normal business hours,
noise levels shall not exceed L10 of 75 db(A)
when measured at a distance of 400 feet from the construction site;
during other than normal business hours, noise levels shall not exceed
an L10 of 80 db(A) when measured at a distance
of 400 feet from the construction site.
(3)
Manufacturing zoned districts. During a twenty-four-hour period,
noise levels shall not exceed 80 db(A) when measured at the construction
site boundary.
E.
Noise-sensitive zones. No person shall cause or permit the creation
of any unnecessary noise exceeding 55 db(A) on any street, sidewalk
or public place adjacent to any school, church, senior citizen center
or authorized day-care center while in use or adjacent to any hospital
at any time.
Applications for permits for relief from the noise level provisions
of this article on the basis of undue hardship shall be made to the
City Clerk of the City of Mount Vernon. Any permit granted shall contain
all conditions upon which said permit has been granted, shall specify
a reasonable time that the permit shall be effective and shall include
a time schedule for the installation of noise abatement procedures
or devices. In determining whether to grant a permit, the hardship
of the applicant should be balanced against the adverse impact on
the health, safety and welfare of the persons and property affected.
A permit may be granted if it is found:
A.
That additional time is necessary for the applicant to alter or modify
his activity or operation to comply with this article; or
B.
That no other reasonable alternative is available to the applicant;
and
C.
The activity, operation or noise source will be of temporary duration
and cannot be done in a manner that would comply with this article.
A public hearing may be held if there is sufficient public interest
concerning an application for a permit.
The provisions of this article shall be enforced by the Police
Department of the City of Mount Vernon, and it shall have the power
to:
A.
Order any person to cease and desist from any activity which causes,
or is conducted so as to cause, a violation of any provision of this
article.
B.
Seal any device, after obtaining the proper judicial order, which
causes, or is maintained or operated so as to cause, a violation of
any provision of this article.
[Amended 6-27-1984; 4-27-2005, approved 4-28-2005]
Any person violating any of the provisions of this article shall
be deemed guilty of a violation and, upon conviction thereof, shall
be fined in an amount not exceeding $1,000 or be imprisoned for a
period not exceeding 15 days, or by both such fine and imprisonment.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such.
The operation of vehicles and equipment used by the Department
of Public Works in the performance of official duties shall be exempt
from the requirements of this article until such time as vehicles
and equipment capable of compliance are available and acquisition
thereof is authorized by City Council.
If any provision of this article is held to be unconstitutional
or invalid by any courts, the remaining provisions of this article
shall not be invalidated.
[Adopted 11-13-1957 as Ch. 37 of the General Ordinances, approved 11-15-1957]
Whenever used in this article, the following terms shall have
the meanings indicated:
Any machine or device for the amplification of the human
voice, music or any other sound. "Sound-amplifying equipment" shall
not be construed as including standard automobile radios when used
and heard only by occupants of the vehicle in which installed, or
warning devices on authorized emergency vehicles, or horns or other
warning devices on other vehicles used only for traffic safety purposes.
Any motor vehicle or horse-drawn vehicle having mounted thereon
or attached thereto any sound-amplifying equipment.
No person shall use or cause to be used a sound truck with its
sound-amplifying equipment in operation for noncommercial purposes
before filing a registration statement with the City Clerk in writing.
This registration statement shall be filed in duplicate and shall
state the following:
A.
Name and home address of the applicant.
B.
Address of place of business of applicant.
C.
License number and motor number of the sound truck to be used by
applicant.
D.
Name and address of person who owns the sound truck.
E.
Name and address of person having direct charge of sound truck.
F.
Names and addresses of all persons who will use or operate the sound
truck.
G.
The purpose for which the sound truck will be used.
H.
A general statement as to the section or sections of the City in
which the sound truck will be used.
I.
The proposed hours of operation of the sound truck.
J.
The number of days of proposed operation of the sound truck.
K.
A general description of the sound-amplifying equipment which is
to be used.
[Amended 10-11-1989, approved 10-12-1989; 5-22-2019, approved 5-31-2019]
The fee for filing the registration statement shall be $25 for
each day of operation, but in no event shall a single registration
be for more than five days of operation.
All persons using or causing to be used sound trucks for noncommercial
purposes shall amend any registration statement filed pursuant to
this article within 24 hours after any change in the information therein
furnished.
The City Clerk shall return to each applicant one copy of said
registration statement, duly certified by the City Clerk as a correct
copy of said application. Said certified copy of the application shall
be in the possession of any person operating the sound truck at all
times while the sound truck's sound-amplifying equipment is in operation,
and said copy shall be promptly displayed and shown to any policeman
of the City upon request.
Noncommercial use of sound trucks with sound-amplifying equipment
in operation shall be subject to the following regulations:
A.
The only sounds permitted are music or human speech.
B.
Operations are permitted for six hours each day, except on Sundays
and legal holidays, when no operations of sound trucks shall be authorized.
The permitted six hours of operation shall be between the hours of
10:00 a.m. and 1:00 p.m. and between the hours of 4:00 p.m. and 7:00
p.m.
C.
Sound-amplifying equipment shall not be operated unless the sound
truck upon which such equipment is mounted is operated at a speed
of at least 10 miles per hour except when said truck is stopped or
impeded by traffic. Where stopped by traffic, said sound-amplifying
equipment shall not be operated for longer than one minute at each
stop.
D.
Sound shall not be issued within 100 yards of any hospital, school,
church or courthouse.
E.
The human speech, music or other sound amplified shall not be profane,
lewd, indecent or slanderous.
F.
The volume of sound shall be controlled so that it will not be audible
for a distance in excess of 100 yards from the sound truck and so
that said volume is not unreasonably loud, raucous, jarring, disturbing
or a nuisance to persons within the area of audibility.
G.
No sound-amplifying equipment shall be operated with power in excess
of 15 watts in the last stage of amplification.
No person shall operate or cause to be operated any sound truck
for commercial sound-advertising purposes in the City of Mount Vernon,
New York, with sound-amplifying equipment in operation.
