[HISTORY: Adopted by the Common Council of the City of Plattsburgh 9-8-1988; amended in its entirety 3-14-2019 by L.L. No. 3-2019. Subsequent amendments noted where applicable.]
A.
Purpose. The proliferation of unreasonably loud, disturbing and unnecessary
noises in the City of Plattsburgh 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 City of Plattsburgh, to preserve, protect and promote the public
health, safety and welfare, has enacted a Noise Control Local Law
which, pursuant to the standards hereinafter set forth, shall delineate
permitted noise levels within the City of Plattsburgh.
B.
COMMERCIAL DISTRICT
COMMERCIAL BUILDING
DECIBEL
EMERGENCY WORK
INDUSTRIAL DISTRICT
LESSEE
MULTIPLE RESIDENCE
OWNER
PERSON
PUBLIC PLACE
RECREATIONAL VEHICLE
RESIDENTIAL DISTRICT
SOUND-LEVEL METER
UNREASONABLE NOISE
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(2)
Definitions. For the purposes of this chapter, the terms used herein
shall be defined as follows:
Those areas designated B-1, B-2, C, and RC under Chapter 360 of the City Code of the City of Plattsburgh.
Any structure located within a Commercial District.
A unit for measuring the volume of sound.
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.
Those areas designated I under Chapter 360 of the City Code of the City of Plattsburgh.
The person who has a right to occupy the real property of
another owner for a period of at least 30 consecutive days.
A building containing two or more dwelling units, including
a duplex, townhouse, condominium, apartment, or triplex.
The person or entity who has record title to a parcel of
real estate.
Any individual, association, corporation, or partnership.
Any highway, street, sidewalk, park, parking lot, or other
City-owned public property or building.
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.
Those areas designated R-1, R-2, and RH under Chapter 360 of the City Code of the City of Plattsburgh.
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighing network for the measurement of sound
levels.
Any excessive, unreasonable or unusually loud sound or any
sound which either annoys, disturbs, injures or endangers the comfort,
repose, health, peace or safety of a person or which causes injury
to animal life or damages to property or business.
Standards to be considered in determining whether unreasonable
noise exists in a given situation include, but are not limited to,
the following:
The intensity of noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is natural or unnatural.
The volume and intensity of the background noise, if any.
The proximity of the noise to sleeping facilities.
The nature and the character of the neighborhood in which the
noise is heard.
The time of day or night in which the noise occurs.
The duration of the noise.
Whether the noise is continual or of a periodic or impulsive
character.
Any sound in excess of the maximum permitted sound levels set
forth in this chapter as observed from the property line of the source
thereof, or the source of the noise where there are more than one
occupant or use on a particular property, will be deemed presumptive
evidence of unreasonable noise.
A.
The following persons shall be held liable for a violation of this
chapter:
(1)
The person making the noise or operating the equipment or device
making the noise; or
(2)
The owner or lessee of the premises which is the source of the noise.
(3)
It shall be an affirmative defense to liability hereunder if a person
who has not caused the unreasonable noise reports the suspected violation
to the enforcement officer prior to the enforcement officer arriving
in response to a complaint to investigate a suspected noise violation.
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.
The operation of or the permitting of the operation of a radio, television
set, drum, musical instrument, sound amplifier or similar device which
produces, reproduces or amplifies sound which is plainly audible at
the boundary of a nearby residential property, or which otherwise
creates unreasonable noise at the adjoining property line or, in the
case of a multiple residence, within the adjoining or adjacent apartment.
B.
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 or similar device or the normal emanation of sound
from the demonstration or use of a musical instrument within a private
residence; provided, however, that there is no unreasonable noise
therefrom at a distance of 50 feet or more from said vehicle or property.
C.
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 7:00 a.m. so as to create unreasonable noise except
in the case of an emergency or the interests of public safety.
D.
The operation of an appliance, including but not limited to a pump,
fan, exhaust fan, air-conditioning device or similar mechanical device
between the hours of 9:00 p.m. and 7:00 a.m. 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.
The loading or unloading of any vehicle or in the opening and destruction
of bales, boxes, crates and containers in such a manner as to create
unreasonable noise at the adjoining property line or, in the case
of multiple residence, within the adjoining or adjacent apartment.
F.
The use of any drum, loudspeaker or other instrument or device for
the purposes of attracting attention to any performance, show or sale
or display of merchandise by the creation of unreasonable noise.
G.
The use of any automobile, motorcycle, truck, recreational vehicle
or other vehicle so out of repair or loaded in such a manner as to
create unreasonable noise by operating, accelerating, grating, grinding,
rattling or other noise.
H.
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine, recreation vehicle, or any
other motor vehicle unless equipped with a muffler or other device
in good order and in constant operation which will prevent unreasonable
noise from being emitted therefrom.
I.
The sounding of a horn or signal device on any automobile, motorcycle,
bus or other vehicle so as to create unreasonable noise, except as
a warning signal pursuant to the provisions of the motor vehicle laws
of the State of New York.
J.
The use or operation of any sound-producing device in any public
place in such a manner as to create unreasonable noise to any person
other than the operator of the device.
K.
The harboring of any animal, including a bird, which animal, whether
by its barking, growling, howling, squawking, scratching or otherwise,
creates unreasonable noise at the adjoining property line or, in the
case of a multiple residence, within the adjoining or adjacent apartment.
L.
To intentionally make, or cause to make, any other unreasonable noise
or sound, as heard from the source of the noise, or the property line
thereof, that annoys, disturbs, injures or endangers the comfort,
repose, health, safety or welfare of another person. For purposes
of this chapter, any sound in excess of the maximum permitted sound
levels set forth in this chapter will be deemed presumptive evidence
of unreasonable noise.
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 public utilities in carrying out the operations
of their franchise.
D.
Sounds connected with sporting events of any public or private school
or authorized carnival, fair, exhibition or parade authorized by permit
of the Common Council.
E.
The sounds created by crop cultivation, production, and harvesting.
F.
Sounds created by safety and protective devices.
G.
The use of snow removal equipment at any time.
H.
Noncommercial public speaking and public assembly activities conducted
in a public place.
A.
Method of measurement.
(1)
Scale. All noise measurements shall be measured in decibel units
of the frequency weighted sound level [dB(A)], in accordance with
American National Standards Institute specifications for sound level
meters based on standard IEC651 type 2 or ANSI Sl.4 type 2.
(2)
Point of measurement. Sound level measurements for industrial uses
shall be taken at the property line of each use. Sound level measurements
for commercial and residential uses shall be taken at the property
line of each use, but in the case of multiple residence or businesses,
sound level measurements within the adjoining or adjacent apartment
or business.
B.
Maximum permitted sound levels.
(1)
Sound levels. The table below displays the maximum permitted sound levels arising by human activity in specific zoning districts, taken at the point of measurement set forth in Subsection A(2) above:
Industrial
|
Commercial
|
Residential
|
City Street (distance of 50 feet)
| |
---|---|---|---|---|
Daytime: 7:00 a.m. to 9:00 p.m.
|
80 dB(A)
|
70 dB(A)
|
60 dB(A)
|
90 dB(A) truck > 10,000 lbs. GVWR
|
85 dB(A) motorcycle
| ||||
80 dB(A) car
| ||||
Nighttime: 9:00 p.m. to 7:00 a.m.
|
75 dB(A)
|
65 dB(A)
|
55 dB(A)
|
85 dB(A) truck > 10,000 lbs. GVWR
|
80 dB(A) motorcycle
| ||||
75 dB(A) car
|
C.
Maximum permitted sound levels may be adjusted subject to the following
conditions:
Any person violating any provision of this chapter shall have
committed an offense and shall be subject to a fine of not less than
$250. Persons committing a second offense within 12 months of the
date of the prior conviction shall be subject to a fine of $500. A
separate offense shall be deemed committed on each day during which
the violation occurs.
This chapter may be enforced by any code enforcement officer
or building inspector employed by the City of Plattsburgh and the
procedures will mirror that of a code violation. This chapter may
also be enforced by any police officer. The building inspector's
office may compel an applicant for a building permit or certificate
of occupancy to document, stipulate, or substantiate that the proposed
use will and is capable of complying with the applicable performance
standards.