No person shall make, cause, allow, or permit to be made any
unreasonable noise within the geographical boundaries of the Town
or within those areas over which the Town has jurisdiction except
as otherwise provided herein. The standards to be considered in determining
whether an unreasonable noise exists include, but are not limited
to, the following:
A.
The volume of the noise;
B.
The frequency of the noise;
C.
Whether the noise is unusual and incongruous with the surrounding
environment;
D.
The volume and frequency of the ambient noise, if any;
E.
The proximity of the noise source to any residential, educational,
medical, religious or judicial facility;
F.
The use, nature and character of the zoning district of the immediate
area where the noise source exists;
G.
The time of day or night the noise occurs; and
H.
The duration of the noise.
In addition to the general prohibitions set forth in § 190-5 hereof, any of the following acts and causes thereof which either annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities are declared to be in violation of this chapter and to constitute unreasonable noise:
A.
Sound-reproduction systems: operating, playing or permitting the
operation or playing of any radio, phonograph, tape player, compact
disc player, digital music player, television, receiver or similar
device that reproduces or amplifies sound in such a manner as to create
a noise disturbance for any person other than the operator of the
device.
B.
Loudspeakers and public-address systems: using or operating any loudspeaker,
public-address system or similar device between the hours of 10:00
p.m. and 7:00 a.m. of the following day such that the sound therefrom
creates a noise disturbance across a residential real property line.
C.
Animals and birds: owning, possessing or harboring any animal or
bird that frequently or for continued duration makes or creates a
noise disturbance across a residential real property line. A noise
disturbance is created by a dog barking, howling, crying or whining
continually for 10 minutes or intermittently for 30 minutes.
D.
Loading and unloading: loading, unloading, opening, closing or other
handling of boxes, crates, containers, bales, cans, drums, refuse
or similar objects or the pumped loading or unloading of materials
in liquid, gaseous, powder or pellet form between the hours of 10:00
p.m. and 7:00 a.m. the following day when the sound therefrom creates
a noise disturbance across a residential real property line.
E.
Motor vehicles:
(1)
Operating or permitting the operation of any motor vehicle so out
of repair or in such a condition as to create a noise disturbance
or that is otherwise not in compliance with the provisions of any
state or federal law, including but not limited to §§ 375
and 386 of the New York State Vehicle and Traffic Law;
(2)
Spinning or squealing the tires of any motor vehicle; or
(3)
Allowing noise from a motor vehicle alarm to continue in excess of
15 minutes' duration after it has been activated.
F.
Construction, repair and demolition: operating or permitting the operation of any tool or equipment used in construction, repair, demolition or excavation between the hours of 10:00 p.m. and 7:00 a.m. the following day. Such operation does not constitute a violation if the tool or equipment is used in an emergency situation or if the tool or equipment is equipped with a functioning muffler or if the operator is issued a variance pursuant to Article VI of this chapter.
G.
Sound devices on public transportation: operating, playing or permitting
the operation or playing of any radio, phonograph, tape player, compact
disc player, digital music player, television receiver or similar
device on or in any method of public transportation in such a manner
that the sound from such device is audible to any other person.
H.
Miscellaneous sound producers: creating or emitting a noise which
constitutes a noise disturbance by any manner, including but not limited
to a horn, siren, whistle, yell, shout, bell, musical instrument,
tool, engine, etc.
The following shall be considered prima facie evidence of noise
disturbance:
A.
Any thirty-minute Leq measurement taken at
a residential property, arising from another residential property,
above 55 dBA during the time period commencing at 7:00 a.m. and ending
at 10:00 p.m.
B.
A regular or periodic Lmax measurement taken
at a residential property, arising from another residential property,
above 65 dBA during the time period commencing at 7:00 a.m. and ending
at 10:00 p.m.
C.
A thirty-minute Leq measurement taken at a
residential property, arising from another residential property, above
45 dBA during the time period commencing at 10:00 p.m. and ending
at 7:00 a.m.
D.
A regular or periodic Lmax measurement taken
at a residential property, arising from another residential property,
above 55 dBA during the time period commencing at 7:00 a.m. and ending
at 10:00 p.m.
E.
A thirty-minute Leq measurement taken at a
residential property, arising from a commercial or industrial property,
above 60 dBA during the time period commencing at 7:00 a.m. and ending
at 10:00 p.m.
F.
A regular or periodic Lmax measurement taken
at a residential property, arising from a commercial or industrial
property, above 75 dBA during the time period commencing at 7:00 a.m.
and ending at 10:00 p.m.
G.
A thirty-minute Leq measurement taken at a
residential property, arising from a commercial or industrial property,
above 45 dBA during the time period commencing at 10:00 p.m. and ending
at 7:00 a.m.
H.
A regular or periodic Lmax measurement taken
at a residential property, arising from a commercial or industrial
property, above 55 dBA during the time period commencing at 7:00 a.m.
and ending at 10:00 p.m.
I.
A one-minute Leq measurement of a sound reproductive
device level in or from a motor vehicle exceeding 50 dBA as measured
from the nearest curb or edge of the roadway or plainly audible more
than 25 feet in any direction from the motor vehicle from which the
sound emanates.
