[HISTORY: Adopted by the Town Board of the Town of East Fishkill 5-23-2013 by L.L. No. 3-2013. Amendments noted where applicable.]
A.
Many times it is necessary to establish minimum standards to safeguard
the many from the actions of a few.
B.
The vast majority of the residents of the Town conduct themselves
in a manner that is respectful of their neighbors and considerate
of the rights of others.
C.
Unfortunately, there are those few who engage in activities and conduct
which, due to intensity, time or manner in which they so engage, annoy
and harass their neighbors with unreasonable and inappropriate noise.
It is to safeguard the community from these few that this chapter
is enacted.
D.
Finally, this chapter is comprehensive as seemed reasonable at the
time of its enactment, but in no way should it be considered as all
inclusive of all possible situations, but only those that have most
often been complained of to the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
The surrounding background noise generally associated with
a particular environment; the cumulative combination of disparate
sounds from more than one source.
The use, operation, generation or maintenance of sound for
the purpose of advertising or promoting business, goods or services
or soliciting or attracting public attention to goods or services
for sale, lease or rental.
A unit of energy/pressure used to represent the amplitude
or volume of sound waves. A decibel is equal to 20 times the logarithm
to the base 10 of the ratio of the measured sound-pressure level to
the reference sound pressure of 20 micropascals per square meter.
An electric function of a sound-level meter, over the range
of perceptible frequencies, to approximate that of the human ear.
A noise volume measured by a sound-level meter using the A-weighted
filter is represented by the notation "dBA."
Any work necessary to maintain public health, safety or welfare
following an emergency or public calamity or any work required to
protect persons or property from an imminent exposure of danger. Emergency
work includes, but is not limited to, snow removal, restoration of
public utilities and maintenance of public rights-of-way.
The number of times that a noise wave oscillation takes to
pass a single point. Units of noise frequency are represented by cycles
per second, commonly referred to as "hertz" (Hz).
New Year's Day, Memorial Day, Independence Day, Thanksgiving
Day and Christmas Day.
All vehicles subject to regulation by the New York State
Department of Motor Vehicles. The term "motor vehicle," as used in
this chapter, includes mopeds, mini-bikes and go-carts.
The unwanted, unwelcomed and unnecessary sound produced,
intentionally or unintentionally, by any act or in the course of any
activity.
The use, operation, generation or maintenance of sound for
any purpose other than a commercial purpose. "Noncommercial purpose"
includes, but is not limited to, philanthropic, political, patriotic
and charitable purposes.
Any pressure variation in air perceptible to the human ear.
Any machine or device used for the amplification of sound.
"Sound-amplifying equipment," as used in this chapter, shall not include
any warning device, siren, horn or whistle used by emergency vehicles
or by any governmental agency to alert the public to an emergency
or warn of a dangerous condition.
An instrument for the measurement of sound, conforming to
Type 1 or Type 2 ANSI standard under Specifications S1.4-1971, or
the latest approved revision thereof.
Any motor vehicle, regardless of method of power, whether
in motion or stationary, which has sound-amplifying equipment.
The Town of East Fishkill.
Any sound which would annoy, disturb or irritate a reasonable
person of normal sensitivities under the same circumstances, and time
of day and frequency.
The following sounds and noises are deemed beyond the scope
and intent of the Town to regulate and are not subject to this chapter.
A.
Any sound intended to warn the public or indicate the existence of
an emergency condition, including any warning device, siren, horn
or whistle used by emergency vehicles or by any governmental agency
to alert the public to an emergency or warn of a dangerous condition.
This exception shall exempt the noise generated by business and residential
alarms permitted under the Town of East Fishkill Town Code when such
alarms are activated under circumstances indicating the existence
of an emergency condition.
B.
Any sound within limits set by and under the jurisdiction of the
Federal Occupational Health and Safety Act or any other state or federal
act preempting local regulation.
C.
Sound generated by or produced in association with a religious celebration
or observance.
D.
Sounds associated with the operations of a farm regulated under the
Agricultural Law of the State.
E.
Sounds associated with the performance of municipal-type activities
(i.e., police, fire, and refuse collection, water and sewer line repairs).
F.
Sounds associated with the use by a duly constituted sportsman club
on property that was utilized by them prior to the adoption of this
chapter.
G.
Snow, ice and tree removal equipment when being used in conjunction
with a storm or other weather event.
H.
Sounds produced by equipment containing sound suppression equipment
meeting the original standards set by the manufacturer. (i.e., lawn
equipment).
I.
Sounds produced by peddlers with a valid peddlers permit.
No person shall make, continue, cause or permit to be made,
verbally or mechanically, any unreasonable intrusive noise. The measurement
of such sound will be from within 10 feet from occupied residences
or other structures legally existing and which are customarily occupied
by residents of the property. Standards to be considered in determining
whether an unreasonably intrusive noise exists include, but are not
limited to, the following:
A.
The volume of the noise.
B.
The frequency of the noise.
C.
The periodicity of the noise.
D.
Whether the noise is unusual and incongruous with the surrounding
environment.
E.
The volume and frequency of the ambient noise, if any.
F.
The proximity of the noise source to any residential, educational,
medical, religious or judicial facility.
G.
The use, nature and character of the zoning district of the immediate
area where the noise source exists.
H.
The time of day or night the noise occurs.
I.
The duration of the noise.
The following list of acts and associated sounds are permissible
as of right and not subject to regulation under this chapter. This
enumeration is illustrative only and is not intended to be exhaustive.
Permissible acts and associated sounds include, but are not limited
to, the following:
A.
Music performed in conjunction with any military or civic parade,
funeral procession or religious service or the use of any bell, chimes,
or other instrument, apparatus or device by any church or synagogue
or school licensed, charted or recognized by the State of New York,
provided that such performance or activity does not occur between
the hours of 10:00 p.m. and 7:00 a.m. of the following day.
B.
Sounds created by any governmental agency, railroad or emergency
service organization intended to alert the public to an emergency
or warn of a dangerous condition.
C.
Sounds created by public utilities in furtherance of fulfilling their
franchise.
D.
Sounds generated by, or associated with, organized sporting events
of any public or private school or generated by, or associated with,
any sport or recreational activity sponsored or permitted by the Town.
E.
Sounds generated by, or associated with, the activities of the Town
Department of Public Works.
F.
Sounds generated on private property, amplified or unamplified, for
private, noncommercial use and enjoyment, provided that such sound
does not exceed 70 dBA as measured from within 10 feet from occupied
residences or other structures legally existing and which are customarily
occupied by residents of the property owned, rented or leased by any
person complaining that such sound is unreasonably intrusive.
G.
Amplified noncommercial speech offered to express ideas or communicate
thought is permitted, provided that such sound does not exceed 70
dBA as measured from within 10 feet from occupied residences or other
structures legally existing and which are customarily occupied by
residents of the property owned, rented or leased by any person complaining
that such sound is unreasonably intrusive.
H.
Routine construction work, unless prohibited by § 132-7, and all associated sounds and noises between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday and Saturdays between the hours of 8:00 a.m. and 9:00 p.m. All construction work includes, but is not limited to, building, repairing, blasting, when authorized by Town permit, grading, leveling, excavating and other similar acts and activities usually and customarily associated with building and construction.
I.
Power tools, blowers and gasoline- and non-gasoline-powered engines
operating with sound suppression equipment meeting the manufacturers'
original standards.
J.
Residential generators in use during power outages or other times
of emergency and for testing purposes or required by the manufacturer
for the proper maintenance thereof.
A.
Emergency work. An application to perform emergency work otherwise prohibited by § 132-7 must be made, in writing, and state the reason emergency work is necessary, the scope and type of work proposed, the date the emergency repairs or construction activity shall be complete and such other further and additional information as the Chief of Police may require. Nothing herein shall relieve an applicant of the duty to obtain a building permit from the Town Building Inspector.
B.
Nothing herein shall prevent any use of machines and equipment necessitated
by an act of God (i.e., downed trees from a storm).
C.
Amplified sound generated, broadcast or intended for outside, open-air
use and enjoyment, including, but not limited to, concerts, block
parties, commercial advertising and sound transmitted by speaker.
An application for a permit for amplified sound pursuant to this section
must be made, in writing, and state the purpose, location, duration
and anticipated volume level, in decibels, measured at the boundary
or property line of the proposed location of the sound, noise, music
or speech sought to be broadcast. Where an applicant seeks permission
to broadcast sound for outside, open-air use in or bordering on a
residential zone, the applicant shall provide the name, address and
telephone number of an individual responsible for controlling the
sound, noise, music or speech. In addition to the permit requirements
set forth in this section, the Chief of Police may, in his/her sole
discretion, require whatever other additional information deemed necessary
to evaluate the impact of issuing a permit under this section.
D.
Whenever a sound permit is issued under this section, the Police Chief may impose whatever conditions, in his/her sole discretion, deemed reasonably necessary to protect public health, safety and welfare and limit any unreasonably intrusive noise to the greatest degree practicable under the circumstances consistent with § 132-4. Any such noise shall not be allowed past 11:00 p.m.
E.
Appeal. Any person seeking a permit under this section may appeal
a decision by the Police Chief to deny the application or impose conditions
to the Town Supervisor. In addition, the Town Board may entertain
an appeal of a decision by the Police Chief to grant a permit under
this section upon petition of not fewer than 10 Town residents who
allege that the act and associated sounds authorized will result in
unreasonably intrusive noise.
The following acts and associated sounds are prohibited under
this chapter. Prohibited acts and associated sounds include, but are
not limited to, the following:
A.
The habitual, constant, repetitive, annoying or frequently sounding
of any horn or signal device on any motor vehicle, except as a warning
signal pursuant to the provisions of the Vehicle and Traffic Law of
the State of New York.
B.
The use or operation of any radio, television, phonograph, musical
instrument or instruments, loudspeaker, sound-amplification equipment
or other machine or device for the production or reproduction of sound
so as to create an unreasonably intrusive noise.
C.
Any unreasonably intrusive noise exceeding 70 dBA at any time within
a residential district or exceeding 75 dBA within any other district
between the hours of 9:00 p.m. and 7:00 a.m., Monday through Friday,
or exceeding 70 dBA before 8:00 a.m. or after 9:00 p.m., Saturday,
or exceeding 70 dBA between the hours of 12:01 a.m. and 11:59 p.m.
on Sunday or any recognized holiday. The measurement of such sound
will be from within 10 feet from occupied residences or other structures
legally existing and which are customarily occupied by residents of
the property.
D.
The keeping or harboring of any animal, fowl or bird which disturbs
the peace, comfort or repose of any person residing in the vicinity
by causing unreasonably intrusive noise. This section shall not pertain
to legally existing agricultural properties within the Town.
E.
The discharge of exhaust into the open air generated by any steam
engine, internal-combustion engine, stationary or mobile, air compressor
or other device which creates an unreasonably intrusive noise, except
where such discharge is through a muffler or other device which effectively
prevents loud, unusual or explosive noise.
F.
Construction work, including but not limited to the operation of
mechanical machinery or equipment, blasting, grading, leveling and
excavating, between the hours of 9:00 p.m. and 7:00 a.m., Monday through
Friday, before 8:00 a.m. or after 9:00 p.m., Saturday, or between
the hours of 12:01 a.m. and 11:59 p.m. on any Sunday or recognized
holiday.
G.
The operation of gasoline-powered lawn mowers, leaf blowers or other
gasoline-powered lawn or garden equipment or construction tools between
the hours of 9:00 p.m. and 7:00 a.m., any weekday, before 8:00 a.m.
or after 9:00 p.m., Saturday or any holiday, or before 8:00 a.m. or
after 9:00 p.m., Sunday.
H.
The use or operation of any radio, phonograph, musical instrument,
loudspeaker, sound amplifier or other machine or device for the production
or reproduction of sound intended as a commercial advertising or solicitation
unless permitted by the Chief of Police.
I.
The use of any drum, bell, loudspeaker or other instrument or device
for the purpose of attracting attention to any solicitation, performance,
show, sale or display of merchandise unless permitted by the Chief
of Police.
J.
No person shall keep or harbor a dog which howls or barks in violation
of this section.
(1)
It shall constitute a violation of this section if the howling or
barking occurs and is audible beyond the property line of the premises
on which the dog is located:
(a)
For more than five consecutive minutes repeatedly, repetitiously,
habitually between the hours of 10:00 p.m. and 8:00 a.m.; or
(b)
For more than 15 consecutive minutes between the hours of 8:00
a.m. and 10:00 p.m.; or
(c)
For a shorter duration than cited above, but on more than five
occasions within a given ten-day period if attested to by complaints
from two or more separate properties. It shall be a defense to such
violation if the owner of the dog proves by a preponderance of the
evidence that the only reason the dog was howling was that the dog
was being provoked by a person or was otherwise being incited, or
was acting as a guide dog, hearing dog, service dog or police work
dog.
(2)
"Consecutive" for this section will mean either intermittent or continual.
A.
The measurement of any sound or noise shall be made with a sound-level
meter, as defined herein, using the slow-response setting and the
A-weighted decibel scale.
B.
The sound-level meter will be calibrated annually according to the
manufacturer's instructions and before and after each use. A
record of maintenance and calibration shall be maintained.
C.
The sound-level measurement shall be made at or within 10 feet of
any residence or other customarily occupied structure on the property
adjoining the property from where the noise is generated.
D.
Where a summons is written for violation of this section, the enforcing
officer shall record the time, approximate location before and after
calibration checks and the sound-level reading(s) that were recorded.
When investigating a sound/noise complaint, the enforcing officer
may take as many sound-level readings as deemed necessary, and nothing
shall prevent an enforcement officer from taking multiple sound-level
readings and citing only the highest recorded sound-level reading
as a violation.
E.
Where a noise complaint alleges interference with the peaceful enjoyment
of private property, sound-level readings may be taken from within
10 feet of occupied residences or other structures legally existing
and which are customarily occupied by residents of the property of
any adjacent landowner who consents to entry and grants access for
the limited purpose of measuring compliance with this chapter.
F.
The Town Police shall be charged with enforcement of this chapter
unless the Chief of Police designates an enforcement officer outside
the Police Department and, with the consent of the Town Board, designates
authority for prosecution to such enforcement officer.
G.
The measurement of the level of any sound by either decibel meter
or otherwise shall be made at a point within 10 feet of occupied residences
or other structures legally existing and which are customarily occupied
by residents of the property.
H.
The Town enforcement officer may, in lieu of filing a criminal proceeding,
file a civil proceeding as provided for herein.
In lieu of filing either a criminal or civil proceeding, the
Chief of Police may issue a warning to anyone accused of having violated
the provisions herein.
Any complaint filed hereunder may, upon consent of all parties,
be referred for binding mediation/arbitration by the Chief of Police.
The Town shall make available an independent mediation service for
this purpose. If mediation is completed, the complaint will be deemed
resolved.
A.
In lieu of a criminal proceeding a civil action may be filed in the
Justice Court of the Town. Upon a civil finding by the court that
a violation of this chapter has occurred, a civil judgment may be
entered by the Judge according to the following table:
B.
Any prior violation over 18 months old will not be considered a predicate
offense.
A.
Any person convicted of violating any provision of this chapter shall,
upon conviction for a first offense, be guilty of a criminal violation
and subject to a penalty of not less than $50 nor more than $500.
B.
Any person convicted of a 2nd offense of this chapter within three
years of a prior conviction under this chapter shall be guilty of
a misdemeanor and, upon conviction, be subject to a penalty of not
less than $250 nor more than $1,500.
C.
Upon application of the Town Attorney and court order, any person
violating any provision of this chapter may be enjoined from continuing
such violation.
