[HISTORY: Adopted by the Board of Trustees
of the Village of Cooperstown 11-17-2003 by L.L. No. 7-2003; amended in its entirety 5-28-2019 by L.L. No. 2-2019. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Cooperstown
Noise Ordinance."
A.
It is hereby declared to be the policy of the Village
of Cooperstown to prevent unreasonably loud, disturbing, and unnecessary
noise and sounds and to reduce noise and sound levels within the Village
so as to preserve, protect, and promote the public health, safety,
and welfare and to foster harmony and comfort within the Village by
inhabitants and visitors.
B.
The Village of Cooperstown welcomes weddings, dining,
and other similar outdoor activities, festivities, and celebrations.
Such activities may include music, sound amplification, and other
noises that require the issuance of a sound permit or sound level
variance.
C.
Certain
noises, such as sirens and alarms, are necessary to promote public
welfare, as well as the maintenance and improvement of buildings and
property. Such noises shall not be prohibited, but limits may be instituted
in a manner that is appropriate with their function.
As used in this chapter, the following terms
shall have the meanings indicated:
The measurement of sound approximating the auditory sensitivity
of the human ear as measured with a sound-level using the A-weighting
network. The level so read is designated "dB."
The unit of sound measurement, on a logarithmic scale, of
the ratio of the magnitude of a particular sound pressure to a standard
reference pressure which for the purpose of this section shall be
0.0002 microbar.
Any building wherein there are two or more apartments or
dwelling units.
Any sound of such level and duration as to be or tend to
be injurious to human health or welfare or that would reasonably interfere
with the enjoyment of life or property.
The boundary line, including the vertical extension thereof,
that separates legal ownership of one parcel of real property from
another, or the vertical and horizontal boundaries of a dwelling unit
that is part of a multiple-dwelling-
Any structure used or intended for human habitation.
Any machine, equipment, electronic device that creates, reproduces
or amplifies sound of any type.
The sound pressure level measured in decibels with a sound-level
meter set for A-weighting. Sound level is expressed in dB.
An instrument for the measurement of noise and sound.
The reading produced by the decibel meter held at chest level when pointed in the apparent direction of the source of the sound. The sound measurement shall be the average of two readings, each taken from a location specified in § 172-5 below. Reading locations shall be at least 30 feet apart and with a minimum of at least one minute separation between readings when the meter is set for slow sound readings.
The standard or standards to be considered in determining whether
a noise is an unreasonable noise which constitutes a prohibited noise
shall include but not be limited to one or more of the following:
A.
The volume
of the noise.
B.
The intensity
of the noise.
C.
Whether
the nature of the noise is usual or unusual.
D.
Whether
the origin of the noise is natural or unnatural.
E.
The volume
and intensity of the background noise, if any.
F.
The proximity
of the noise to residential sleeping facilities.
G.
The nature
and the zoning district of the area within which the noise emanates.
H.
The time
of the day or night the noise occurs.
I.
The time
duration of the noise.
J.
Whether
the sound source is temporary.
K.
Whether
the noise is continuous or impulsive.
L.
The presence
of discrete tones.
A.
Maximum
permitted sound levels.
(1)
Except
as otherwise expressly permitted in this section, no person shall
cause, suffer, allow, or permit the operation of any sound device
or apparatus within the Village of Cooperstown with volume which is
annoying, causes alarm, unreasonably causes public inconvenience,
or unreasonably disturbs the use and enjoyment of one's life and property.
(2)
Except
as otherwise expressly permitted in this section, it shall be prima
facie evidence of a violation of this chapter if the sound level emanating
from any sound device or apparatus is measured at a decibel level
that exceeds 70 dB within residential districts or 80 dB within the
business and commercial districts between 7:00 a.m. and 10:00 p.m.
or 60 dB between 10:00 p.m. and 7:00 a.m. in any district from one
or more of the following locations:
(a)
Upon a public sidewalk adjacent to the premises upon which the sound
device or apparatus is being operated or used; and/or
(b)
Upon any property adjacent to the premises upon which the sound device
or apparatus is being operated or used; and/or
(c)
At a distance of 30 feet or more from such sound device or apparatus
when used or operated in a public park or other public place.
(3)
Use of a sound device or apparatus that produces sound in excess of the decibel level set forth in Subsection A(2) above, but in no event greater than 88 dB, shall be permissible if such sound is produced within the limitations of a sound permit issued by the Village at least seven business days prior to the event as provided herein. A sound permit application may be obtained from the Village Office. Application for multiple planned events may be made in a single application subject to the conditions set forth below. Sound permit applications shall be signed by at least one owner (if the premises are owner-occupied) or at least one tenant (if the premises are not owner-occupied) of the premises. Applications may be approved by the Village Administrator or a designee of the Village Administrator after consultation with the Village Police. Sound permits may be subject to payment of an application fee which may be determined from time to time by the Board of Trustees. Approval of sound permits shall be subject to demonstrated conformance to the following additional criteria and limitations:
(a)
Permits shall be for events beginning no earlier than 9:00 a.m.
(b)
The maximum effective duration of any sound permit shall be four
continuous hours.
(c)
On Fridays and Saturdays, all sound permits shall expire no later
than 11:00 p.m. on the day of the event for which the sound permit
is issued. On all other days (Sunday through Thursday), all sound
permits shall expire no later than 9:00 p.m.
(d)
No sounds emanating from the premises upon which the event is occurring may exceed the 88 dB maximum at the distances stated in Subsection A(2) above.
(e)
No sound permit shall be issued for an event to be held upon any
premises, or by any applicant, which is the subject of a pending citation
for a violation of any provision of this chapter, or which has been
the subject of a conviction for a violation of this section, within
the immediately preceding three-month period.
(f)
No more than three events requiring a sound permit shall be issued for any single location in any given calendar week. This limitation may be exceeded only upon the issuance of a sound level variance as set forth in Subsection B, below.
(g)
Permits may be applied for on a one-time, seasonal, or annual basis.
(h)
No sound permits will be issued for an event which the Village Administrator
or Village Police reasonably believe would be in violation of any
other state or local law, code or regulation.
B.
Sound level variances. Notwithstanding the provisions of Subsection A above, to promote a positive image of the hospitality of the Village of Cooperstown, written applications for sound level variances will be considered by the Board of Trustees for outdoor dining, outdoor weddings, and other activities which may include music, sound amplification, and other noises that exceed any of the limits prescribed under Subsection A above. Such sound level variances may be obtained only upon approval by the Board of Trustees and may be approved upon such terms and conditions as the Board of Trustees, in its discretion, deems appropriate. Prior to the issuance of a sound level variance, the Village Police shall be consulted so that the Board of Trustees may take into consideration prior sound and other complaints at the location of the planned event.
(1)
Any
person seeking a variance pursuant to this subsection shall file a
written application with the Village Clerk no later than 21 days prior
to the date of the planned event and shall pay an application fee
as may be determined from time to time by resolution of the Board
of Trustees.
(2)
Unless
a specific application form is prescribed and provided by the Village,
the application shall consist of a letter signed by the applicant(s)
containing information which demonstrates the benefit of the event
to the community, if any, the benefit of the event to the applicant,
and also the hardship that compliance with this section would create
on the part of the applicant, the community, or other persons. Said
application shall describe the sources and purposes of the sounds
to be created and set forth other pertinent information such as the
direction and placement or location on the property of speakers, highest
anticipated decibel level that is expected if a variance is granted,
the address of the event, expected attendance, and the hours, days
and duration of the event for which the variance is requested. The
Board of Trustees may require that additional information be submitted
as deemed by the Board of Trustees to be necessary to make an informed
decision. Noncompliance with any granted variance shall immediately
terminate the variance and shall subject the applicant and all other
persons to the provisions of this chapter.
(3)
No
sound level variance shall be issued for an event to be held upon
any premises, or by any applicant, which is the subject of a pending
citation for a violation of any provision of this chapter, or which
has been the subject of a conviction for a violation of this section,
within the immediately preceding three-month period, except and unless
the Board of Trustees deems that sufficient measures have been implemented
by the applicant or others to minimize the likelihood of future violations.
C.
Public
notice. Notice that a sound permit or a sound level variance has been
issued, including the address of the event, the name of the person(s)
to whom the permit or variance was issued, and the date and hours
of the event, along with a copy of the application, will be posted
by the Village on the Village website and by the property owner at
the property from which the noise emanates. Failure of the Village
to post such notice shall not affect the validity of the permit or
variance issued, nor shall such failure to post create any liability
on the part of the Village.
The following acts are declared to be prima facie evidence of
a violation of this chapter. This enumeration shall not be deemed
exclusive.
A.
Noise from a dog or other animal or fowl that is continuous
and exceeds 15 minutes.
B.
Noise from a burglar alarm system or other alarm system
of any building, motor vehicle or boat that is continuous or repetitive
and exceeds 15 minutes. This section shall not apply to audible alarm
systems that are designed to detect heat or smoke or in instances
where the alarm system is working as intended and an actual or attempted
burglary has occurred.
C.
The sounding
of any horn or signaling device of any motor vehicle, motorcycle,
train, or boat, except when required by other statute, which is continuous
or repetitive or is apparently being sounded or being used for the
purpose of advertisement.
D.
The making
of improper or unnecessary noise by operating a motor vehicle in such
a manner as to cause the excessive squealing or other excessive noise
of the tires.
E.
The operation
of an audio device from any motor vehicle at sound levels which may
be heard at a distance of 60 feet from the vehicle.
F.
The operation
of a motor vehicle that is not equipped with an adequate muffler and
exhaust system in constant operation and properly maintained to prevent
any excessive or unusual noise, or the operation of a motor vehicle
with a muffler or exhaust system modified in a manner that will amplify
or increase the noise emitted by the motor or exhaust system of such
vehicle above that emitted by the muffler or exhaust system originally
installed on the vehicle.
G.
The operation
of an engine compression brake to slow or stop a motor vehicle in
the Village.
H.
The hawking,
peddling, or sale of anything by shouting or outcry or by using horns,
whistles, bells or any other instrument to attract attention for that
purpose within any area of the Village.
The following sounds shall be exempt from the
restrictions and prohibitions of this section and shall not be deemed
a violation of this chapter:
A.
Church bells: sounds created by bells or chimes emanating
from religious institutions between the hours of 7:00 a.m. and 10:00
p.m.
B.
Warning devices: sounds created by any government
agency, or by the use of public agency warning devices.
C.
Fireworks: the professional display of fireworks that
has been approved by the Village Board of Trustees.
D.
Sporting events and public entertainment: sounds emanating
from sporting events of any public or private schools and/or any Village-authorized
carnival, fair, exhibition, outdoor concert, parade, and/or athletic
contest, conducted between 7:00 a.m. and 11:00 p.m.
E.
Construction
activities: sounds created by activities associated with site improvements
and building construction, repair and maintenance between the hours
of 7:00 a.m. and 10:00 p.m. Sounds created by construction activities
between the hours of 10:00 p.m. and 7:00 a.m. shall be subject to
the limitations of this section, except that in the event of an emergency,
so declared by the Fire Department or Police Department, construction
activities directly connected to the abatement of such emergency may
be undertaken without regard to the prohibitions and limitations of
this section for a period not to exceed 72 hours from the commencement
of such construction activities, during which time application for
a sound permit or sound level variance shall be made.
F.
Residential
property maintenance: sounds produced by the use of lawn mowers, hedge
trimmers, leaf blowers, chain saws, tillers, mulchers, chippers, and
other similar residential power tools and devices used in the care
and maintenance of lawns, yards, and vegetation between the hours
of 7:00 a.m. and 10:00 p.m.
G.
Snow removal
operations: sounds produced by snow blowers, snow throwers, and snowplows
when used in their customary manner, provided that all equipment is
equipped with exhaust mufflers recommended by the manufacturers thereof.
H.
Governmental
operations: sounds produced by vehicles, equipment, and machines engaged
in the conduct of governmental functions of any federal, state or
local municipal entity.
I.
Federally
preempted activities: sounds produced by activities which are beyond
the jurisdiction of the Village to regulate based upon the federal
interstate commerce clause.
This chapter shall be enforced by the Cooperstown Police Department
and/or the Village Code Enforcement Officer. Upon the issuance of
a citation for violation of this chapter, the conduct in violation
shall immediately cease, and the sound permit or sound level variance,
if applicable, shall be deemed to be immediately revoked.
A.
All persons
applying for a sound permit or variance, and all individuals and organizations
involved in the staging and conduct of the planned event as listed
on the application, shall be subject to citation or arrest for each
violation of this chapter that occurs upon the premises for which
the sound permit or variance was issued, and all such persons shall
be subject to the penalties provided herein upon conviction. Notwithstanding
the foregoing, and regardless of whether a sound permit or variance
was applied for or issued, all persons creating sound in violation
of this chapter shall be subject to citation and/or arrest for violation
of this chapter.
B.
The Village
of Cooperstown Police Department or Code Enforcement Officer shall
notify the record owner of the property (as listed in the most recent
Village assessment roll and any applicable permit application) in
writing by regular U.S. mail, as soon as practical, of each citation
for a violation of this section that was written by a law enforcement
or code enforcement officer and that the incident will be a factor
for consideration for future permits of any sort issued by the Village
of Cooperstown.
A.
Any person
who violates any provision of this chapter shall, upon conviction
thereof for a first offense, be deemed guilty of a violation, punishable
by a fine not to exceed $250, 15 days' imprisonment, or both. In addition,
upon such conviction, the convicted person(s) and the premises upon
which said violation occurred shall not be eligible for the issuance
of a sound permit or sound level variance for a period of three months
following the date of the conviction.
B.
Upon conviction
of any subsequent violation within six months of a previous violation,
such person shall be deemed guilty of an unclassified misdemeanor,
punishable by a fine not to exceed $1,000, 30 days' imprisonment,
or both. In addition, upon such subsequent conviction, the convicted
person(s) and the premises upon which said violations occurred shall
not be eligible for the issuance of a sound permit or sound level
variance for a period of one year following the date of the second
conviction.
