[Ord. of 4-7-1986,[1] § 2]
The proliferation of unreasonably loud noises in the city of such character, intensity, duration or repetition as to be detrimental to the life, health or safety of any individual or of the public has reached such proportions that the Common Council, pursuant to the authority granted to it in its state, enabling statutes and in the New York Constitution, Article 9, § 2, to preserve, protect and promote the public health, safety and welfare has adopted this noise control ordinance which pursuant to the standards hereinafter set forth shall delineate permitted noise levels within the city.
[1]
Editor's Note: This ordinance also provided for the repeal of Ch. 13 1/2, Noise, being Sections 13 1/2-1 through 13 1/2-4, as derived from ordinances adopted 7-1-1968, Section 1; 9-4-1968, Section 2; 2-16-1970; 12-9-1980, Section 1; 6-16-1981, Section 1-5; and enacted new provisions relative to the same subject matter designated as Sections 13 1/2-1 through 13 1/2-13.
[Ord. of 4-7-1986, § 2]
For the purposes of this Chapter, the terms used herein shall
be defined as follows:
The American National Standards Institute or its successor
bodies.
The frequency-weighted sound pressure level (in decibels)
measured on a sound level meter with an A-weighted scale as specified
in the American National Standards Institute (ANSI) specifications
for sound level meters (ANSI No. 4-1971).
The City of Poughkeepsie, situated within the County of Dutchess
and State of New York.
A unit for measuring the volume of sound equal to 20 times
the logarithm to the base of 10 of the ratio of the pressure of the
sound measured to the reference pressure which is 20 micropascals
[20 micronewtons per square meter].
A public calamity or the exposure of any person or property
to imminent danger.
Work or activity that is necessary to prevent or recover
from an emergency, including but not limited to work to repair electric,
gas, water, sewerage and telephone services.
The A-weighted sound level measured with slow response that
is exceeded 10% of the time.
The A-weighted sound level measured with slow response that
is exceeded 50% of the time.
The A-weighted sound level measured with slow response that
is exceeded 90% of the time.
The logarithm of the ratio of a quantity to a reference of
the same kind. The base of the logarithm is 10. The kind of level
and the reference must be specified.
Bursts of sound usually less than one second's duration;
for example, explosions and gunshots, which significantly exceed the
ambient sound level of the area.
A sound of short duration punctuated by pauses of indefinite
duration; for example, a power saw.
Any person who has regular control of a device or site, including
but not limited to the owner of a freehold of the premises or lesser
estate therein or mortgages thereof or an agent or lessee of such
person.
Any individual, partnership, company, public or private corporation,
association, firm, organization, political subdivision, governmental
agency, administration or department, municipality, trust estate,
group of individuals or any other legal entity whatsoever.
Any vehicle which is propelled by any power other than muscular
power that is designated for or capable of cross-country travel, such
as a motorcycle, trail bike or minibike, but not a snowmobile. A "recreational
vehicle" is also classed as a motor vehicle when such "recreational
vehicle" is operated or driven upon a public highway.
Any vehicle which is designated to be used or is actually
used to compact and transfer refuse, garbage or trash.
Any self-propelled vehicle designed for travel on snow or
ice, steered by skis or runners and supported in whole or in part
by one or more skis, belts or cleats.
The quantity in decibels measured by a sound level meter
satisfying the requirements of American National Standards Specification
for Sound Level Meters S1.4-1971. This publication is available from
the American National Standards Institute, Inc., 1430 Broadway, New
York, New York 10018. Sound level is the frequency-weighted sound
pressure level obtained with the standardized dynamic characteristic
fast or slow and weighting A, B or C; unless indicated otherwise,
the A-weighting with a slow response is understood.
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighing network for the measurement of sound
levels. Sound level meters shall conform to the requirements of ANSI
specifications for sound level meters S1.4-1971, Types 1, 2, S1A or
S2A.
Twenty times the logarithm to the base 10 of the ratio of
the root mean squared pressure of a sound to a reference pressure
of 20 micropascals. The unit applied to this measure shall be the
decibel (dB).
Any excessive or unusually loud sound which injures or endangers
the repose, health, peace or safety of a reasonable person or which
causes injury to animal life or damages to a person's property or
business.
[Ord. of 4-7-1986, § 2]
(a)
The factors which will be used to determine that noise is unreasonable
to a reasonable person are:
(1)
The noise occurs at night between 10:00 p.m. and
7:00 a.m., rather than during the day;
(2)
The source of the sound is permanent, rather than
temporary;
(3)
The noise is of a periodic or impulsive character,
rather than continual and steady;
(4)
The noise intrudes into a residential zoning district
or an area with sleeping facilities, including residences, apartments,
motels, hotels or college dormitories;
(5)
The duration of the noise is prolonged, rather
than short;
(6)
The noise is reoccurring on an intermittent basis,
rather than continual and steady;
(7)
The noise is louder and more intense than the volume
and intensity of the background noise in the area; and
(8)
The noise is unnatural, rather than sound normally
occurring in nature.
(b)
Unreasonable noise shall be measured or determined at the adjoining
property line or, in the case of a multiple residence or multiple
dwelling, within adjoining or adjacent apartments or hallways.
[Ord. of 4-7-1986, § 2]
[Ord. of 4-7-1986, § 2]
No person shall make or continue or cause or permit to be made
or continued any unreasonable noise. Noncommercial public speaking
and public assembly activities conducted in any public space shall
be exempt from the operation of this section.
[Ord. of 4-7-1986, § 2]
The following acts and the causing thereof are declared to be
in violation of this Chapter, but any enumeration herein shall not
be deemed to be exclusive:
(a)
Drums. The playing or the permitting of playing
a drum or drum set between the hours of 11:00 p.m. and 7:00 a.m.,
other than in a place of public entertainment.
(b)
Electronic device or musical instrument outdoors. The projection of sound by an electronic device, musical instrument
or otherwise, directly onto the public way for any purpose whatsoever
so as to create unreasonable noise. Nothing contained herein shall
be construed as prohibiting the normal emanation of sound from a vehicle
playing a car radio, tape recorder or similar device or the normal
emanation of sound from the demonstration or use of a musical instrument
within a store or within a music department of a store; provided,
however, that there is no unreasonable noise therefrom at a distance
of 50 feet or more from said vehicle or store.
(c)
Building construction. Operating or permitting
the operation of any tool or equipment used in construction, drilling
or demolition work, including excavation, and the alteration or repair
of any building between the hours of 9:00 p.m. and 6:30 a.m., except
in the case of an emergency or the interests of public safety and
then only with a permit of the Building Inspector, which permit may
be issued for a maximum period of three days and may be renewed once
for a maximum period of three days during the existence of the emergency
period.
(d)
Loading or unloading vehicles, boxes. The loading
or unloading of any vehicle or the opening and destruction of bales,
boxes, crates and/or containers in such a manner so as to create unreasonable
noise at the adjoining property line, or in the case of a multiple
residence, within the adjoining or adjacent apartment.
(e)
Refuse compacting. The operation of a refuse-compacting
vehicle in the process of compacting or collecting refuse contained
in a dumpster or similar receptacle between the hours of 11:00 p.m.
and 7:00 a.m. or the operation of a refuse-compacting vehicle in the
process of compacting or collecting refuse contained in individual
garbage cans between the hours of 11:00 p.m. and 6:00 a.m.
[Ord. of 4-7-1986, § 2]
It shall be prima facie evidence that an act is in violation
of this Chapter when a sound level meter determines that the decibel
level of a particular activity is in excess of the standards hereinafter
set forth. All measurements will be made on the A-weighted sound level
of a sound level meter with a slow response.
[Ord. of 4-7-1986, § 2]
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 92 dBA. The limit shall apply at a distance
of 50 feet from such recreational vehicle.
[Ord. of 4-7-1986, § 2]
No person shall operate or permit to be operated any snowmobile
at any time, at any speed or under any condition of grade, load, acceleration
or deceleration or in any manner whatsoever as to exceed 82 dBA. The
limit shall apply at a distance of 50 feet from such snowmobile.
[Ord. of 4-7-1986, § 2]
(a)
Except as provided by Subsection (d) of this section, no person shall operate or permit to be operated an air-conditioning or air-filtering device that exceeds the maximum sound level limitations provided in this section.
(c)
In areas zoned for multiple dwellings or apartments, continuous
sound shall not exceed 50 dBA outside any living area window with
the microphone not more than three feet from the window opening.
(d)
The provisions of this section shall not apply if the sound
from the air conditioner or air-filtering device produces less than
a five-dBA increase in the sound level that exists in the absence
of such sound.
[Ord. of 4-7-1986, § 2]
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 dBA sustained for more than 30 seconds measured at
the location of the spectators.
[Ord. of 4-7-1986, § 2; Ord. of 11-16-1987, § 2; Ord. No. O-08-21, § 3]
The following sounds shall not be deemed to be in 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 lawn mowers and home power tools in good working
order in use between the hours of 8:00 a.m. and 8:00 p.m. weekdays
and 10:00 a.m. and 8:00 p.m. on Sundays and holidays.
(d)
Sounds created by public utilities in carrying out the operations
of their franchise.
(e)
Sounds connected with sporting events of any public or private
school or an authorized carnival, fair, exhibition, parade or concert
authorized by permit of the city.
(f)
Sounds created by safety and protective devices.
(g)
Sounds created by the operation of a code-compliant emergency
generator operating during a bona fide emergency. As used in this
section, "bona fide emergency" means any condition existing on real
property which renders, or has the capability to render, the real
property uninhabitable or causes an interruption of electrical power
from normal utility sources on the real property parcel where the
generator is operated.
(h)
Sounds created by the lawful testing of an emergency generator,
provided that it is not operated more than once a month during the
daytime, and for a maximum of 60 minutes, plus once a year for a maximum
of 180 minutes.
[Ord. of 4-7-1986, § 2; Ord. of 10-19-1992, § 1]
For each and every violation of the provisions of this Chapter,
the person violating the same shall be guilty of an offense and shall
be punished by not more than a fine of $300 and/or a term of imprisonment
not to exceed 10 days. If the violator is a corporation, the fine
shall not exceed $500 and/or a term of imprisonment not to exceed
10 days. Each and every day the violation continues after the owner
has been notified of violation shall be deemed to be a separate and
distinct violation.
