[HISTORY: Adopted by the Town Board of the
Town of Carmel as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Ch. 45 of the 1972 Code]
This article shall be known and may be cited
as "Ordinance No. 19 of the Town of Carmel."
The Town Board of the Town of Carmel hereby
determines that the health, welfare, safety, good order, peace, quiet
and comfort of the inhabitants of the Town of Carmel will be preserved
by regulating the use and operation of loudspeakers, sound devices,
amplifiers and other devices by which the human voice or other sounds
are carried, reproduced, amplified or increased in volume or intensity.
As used in this article, the following terms
shall have the meanings indicated:
Any device or apparatus by which the human voice or any other
sound or sounds are carried, reproduced, amplified or increased in
volume or intensity.
To use or operate or cause to be used or operated any sound
device, loudspeaker, amplifier or apparatus outside any structure,
building, place or premises, or in or through any window, doorway
or opening of any structure, building, place or premises, abutting
on or adjacent to any public street or place, or in or upon any vehicle
operated or standing upon any public street or place, where the sounds
therefrom may be heard upon any public street or place or from any
stand, platform or other structure or from any aircraft or other device
used for flying, flying over the Town of Carmel or on a boat or other
craft on the waters within the jurisdiction of the Town of Carmel
or anywhere on the public streets or places.
A.
Use and operation of sound devices, loudspeakers,
amplifiers and apparatus for commercial and business advertising purposes.
It shall be unlawful for any person to use or operate any sound device,
loudspeaker, amplifier or apparatus in, upon, near or adjacent to
any public street or place for commercial or business advertising
purposes.
B.
Use and operation of sound devices, loudspeakers,
amplifiers and apparatus for other than commercial or business advertising
purposes. It shall be unlawful for any person to use or operate any
sound device, loudspeaker, amplifier or apparatus in, upon, near or
adjacent to any public street or place without first having obtained
a permit for such use, to be issued by the Town Clerk in the manner
hereinafter described, and unless he shall comply with the provisions
of this article and the terms and conditions prescribed in such permit.
C.
Applications. Each applicant for a permit to use and operate a sound device, loudspeaker, amplifier or apparatus in, upon, near or adjacent to any public street or place shall file a written application with the Town Clerk not later than five days before the date on which such sound device, loudspeaker, amplifier or apparatus is to be used or operated. The office of the Town Clerk, in its discretion, may also accept an application less than five days prior to the date for which permit is sought, provided that the Clerk determines that sufficient notice can be provided pursuant to § 104-6C of this chapter. Such application shall be on forms furnished by the Town Clerk and shall describe the name and address of the applicant, the name and address of the owner of the premises and specific location of the premises or place for which the permit is sought, the day and hour or hours during which such use and operation is proposed, the make or type and other identification of the sound devices, loudspeaker, amplifier or apparatus to be used, the volume of sound which is proposed to be used, measured by decibels or other efficient method of measuring sound, and such other information as may be necessary for the carrying out of the provisions of this article. The Town Clerk may require proof of standing and/or authority from any such applicant for the submission of an application for a permit pursuant to this chapter.
[Amended 7-14-2021 by L.L. No. 1-2021]
D.
Issuance of permits; terms. No applicant who complies with the provisions of this article shall be denied a permit except for one or more of the reasons specified in § 104-5 hereinafter, or for nonpayment of the fee as prescribed in § 104-6 hereinafter, or to prevent overlapping in the granting of permits. Each permit issued pursuant to this article shall describe the specific location in which such sound device, loudspeaker, amplifier or apparatus may be used or operated thereunder, the exact period of time for which such permit is granted for such location, the maximum volume of sound which may be employed in such use or operation and such other terms and conditions as may be necessary for the purpose of securing the peace, welfare, good order, health, safety, comfort, convenience and peaceful enjoyment by the people of their right to use the public streets and other public places, protecting the health, welfare and safety and securing the peace, quiet and comfort of the inhabitants of the Town of Carmel.
[Amended 10-23-2013 by L.L. No. 5-2013]
A.
No permit for the use or operation of any sound device,
loudspeaker, amplifier or apparatus shall be issued:
(1)
For
any location within 500 feet of a school, courthouse or place of worship,
during the hours of such school, courthouse or place of worship, respectively,
or within 500 feet of any hospital or similar institution.
(2)
For
any location where the Town Board shall determine that the conditions
of vehicular or pedestrian traffic, or both, are such that the use
or operation of such sound device, loudspeaker, amplifier or apparatus
will constitute a threat to the safety of pedestrians or vehicular
operations.
(3)
For
any location where the Town Board shall determine that physical conditions
are such that the use or operation of a sound device, loudspeaker,
amplifier or apparatus will deprive the public of the right to the
safe, comfortable, convenient and peaceful enjoyment of any public
street or place or will constitute a threat to the safety of pedestrians
or vehicle operators.
(4)
For
any vehicle or other device while it is in transit.
B.
Notwithstanding the issuance of any permit pursuant
to this article, the operation of any sound device, loudspeaker, amplifier
or apparatus, as defined herein, shall be prohibited during the following
times:
[Amended 11-26-1986; 10-23-2013 by L.L. No. 5-2013; 7-14-2021 by L.L. No. 1-2021]
A.
The Town Clerk shall collect a fee for each permit for the use and
operation of sound devices, loudspeakers, amplifier(s) and/or apparatus,
as defined herein.
B.
Each permit issued by the Town Clerk shall be valid for a period
not to exceed three calendar days.
C.
Prior to the issuance of any such permit under this article, the
applicant shall provide proof to the Town Clerk that the owner of
each improved property located within 100 (one hundred) feet of any
boundary of the applicant's parcel for which the permit is sought
hereunder has been notified, in writing, of the pending application
under this article. Such proof shall be by means of sworn affidavit
provided in form to the applicant by the Town Clerk and/or by any
other means of notice that the Town Board may otherwise direct by
resolution.
D.
Duration of permits in specific zoning districts:
(1)
Subsequent to the issuance of any permit by the Clerk pursuant to
this article for any property located in a Residential-Zoned District
("R"), no additional permit shall be issued for the same parcel or
property, regardless of ownership thereof, prior to 30 (thirty) calendar
days having elapsed since the expiration of the prior permit issued
for said parcel or property.
(2)
Subsequent to the issuance of any permit by the Clerk pursuant to
this article for any property located in a zone designated as other
than Residential ("R"), including Commercial-Zoned District ("C")
and/or Commerce Business Park-Zoned District ("CBP"), no additional
permit shall be issued for the same parcel or property, regardless
of ownership thereof, prior to five calendar days having elapsed since
the expiration of the prior permit issued for said parcel or property.
E.
No fee shall be charged to or collected from any bureau or department
of the United States government, the State of New York, the County
of Putnam or the Town of Carmel.
[Amended 11-1-2006 by L.L. No. 7-2006]
Any violation of this article is hereby declared
to be a violation, and any person, upon conviction of such violation,
may be punished by a fine not exceeding $250 or by imprisonment not
to exceed 15 days, or both. In addition, the Town Board may proceed
by such other remedies as are provided by law, to correct, abate or
restrain any violation of this article.
The Town Board shall have the power to waive
the application of this article or portions thereof with respect to
activities or functions conducted by or in behalf of nonprofit organizations,
such as, but not limited to, volunteer fire companies, religious or
educational groups or individuals.
[Adopted 5-13-1981 by L.L. No. 5-1981 (Ch.
24A of the 1972 Code)]
This article shall be known as the "Town of
Carmel Noise Control Law."
It is hereby declared to be the policy of the
Town of Carmel to prevent excessive, unnecessary or unusually loud
noise which may jeopardize the well-being, public health, comfort,
convenience, safety, welfare of its citizens and the peace and quiet
of Carmel and its inhabitants. The provisions and prohibitions hereinafter
contained and enacted are for the above-mentioned purpose.
A.
All definitions used in this article, where applicable,
shall be in conformance with the terminology of the American National
Standards Institute. A copy of the American National Standards definitions
shall be available at the Town Clerk's office for public use.
B.
AIR COMPRESSOR
AMBIENT NOISE
A-WEIGHTED SOUND LEVEL
CONSTRUCTION
CONSTRUCTION SITE
CONTINUOUS SOUND
DECIBEL (db)
DEVICE
DISCRETE TONE
EMERGENCY OPERATION
EXHAUST SYSTEM
FREQUENCY
IMPULSIVE SOUND
L10
L90
MAXIMUM GROSS WEIGHT
MOTOR VEHICLE
MUFFLER
NOISE-SENSITIVE ZONE
PAVING BREAKER
PERSON
PUBLIC HIGHWAY
RECREATIONAL MOTOR VEHICLE
REFUSE-COLLECTING VEHICLE
SOUND
SOUND LEVEL
SOUND-LEVEL METER
SOUND-REPRODUCTION DEVICE
SOUND SOURCE
SOUND TRUCK
ZONING DISTRICT
Unless otherwise indicated by context, the following
terms and phrases shall mean:
A device which draws in air or gas, compresses it and delivers
it at a higher pressure.
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources, near and far.
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighing network and designated as db(A).
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public
or private highways, roads, premises, parks, utility lines or other
property, including but not limited to related activities such as
land clearing, grading, earthmoving, excavating, blasting, filling
and landscaping.
Any location, including land and water, where construction
takes place.
Any sound that is not an impulsive sound.
A unit for measuring the volume of sound, equal to the logarithm
to the base 10 of the ratio of the pressure of the sound; and the
quantities concerned are proportional to power (American National
Standards Institute terminology).
Any machine, mechanism or equipment which is intended to
or which actually produces sound or vibrations.
A sound wave whose instantaneous sound pressure varies essentially
as a simple sinusoidal function of time (American National Standards
Institute terminology).
The operation or parking of an authorized emergency vehicle
when such vehicle is engaged in transporting a sick or injured person,
responding to or working or assisting at the scene of an accident,
disaster, police call, alarm of fire or any emergency.
A system which removes and transports air or gas from a device.
A function periodic in time which is the reciprocal of the
period.
A sound of short duration, usually less than one second and
of high intensity, with an abrupt onset and rapid decay (American
National Standards Institute terminology). (Examples include an explosion
or discharge of a firearm.)
The A-weighted sound level measured with slow response that
is exceeded 10% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
The A-weighted sound level measured with slow response that
is exceeded 90% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
The weight of the vehicle unladen, plus the weight of the
maximum load to be carried by such vehicle during the registration
period or the maximum gross weight for which the vehicle is registered,
whichever is greater.
Every vehicle operated or driven upon a public highway, which
is propelled by any power other than muscular power.
A device for abating the sound of escaping gases of an internal
combustion engine or other sound source.
An area adjacent to a site, including but not limited to
any authorized school, church, senior citizen center, day-care center
or hospital which requires specific noise limitations.
Any powered construction device that is designed to be used
or is actually used to cut or trench pavement subbase, macadam, ravel
concrete or hard ground.
Includes the singular and plural and also any person, firm,
corporation, political subdivision, government agency, association,
club, partnership, society or any other form of association or organization,
or any legal entity whatsoever.
Any highway, road, street, avenue, public place, public driveway
or any other public way.
Any vehicle which is propelled by any power other than muscular
power that is designed for or capable of cross-country travel, such
as a motorcycle, trail bike or minibike. A "recreational vehicle"
is also classed as a motor vehicle when such "recreational vehicle"
is operated or driven upon a public highway. A snowmobile is any self-propelled
vehicle designed for travel on snow or ice. Lawn mowers, powered garden
vehicles and other similar utilitarian domestic vehicles are specifically
excepted therefrom.
Any motor vehicle designed to compact and transport refuse.
An oscillation in pressure, stress, particle displacement
or other physical parameter in a medium with internal forces (American
National Standards Institute terminology).
The weighted pressure level, measured by the use of a metering
characteristic and the weighing A, B and C (American National Standards
Institute terminology).
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighing networks for the measurement of sound
levels (American National Standards Institute terminology).
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any musical instrument, radio, television, tape recorder, phonograph
or any other sound-amplifying equipment.
Any activity or device that produces sound.
Any vehicle having mounted thereon or attached thereto sound-amplifying
equipment.
Any zone as defined in the Zoning Ordinance of the Town of
Carmel.[1]
B.
Standards in determining unnecessary noise. No person
shall make, continue or cause or permit to be made, verbally or mechanically,
any unnecessary noise. An "unnecessary noise" shall mean any excessive
or unusually loud sound or any sound which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety
of any other person or persons and/or which causes injury to animal
life or damages to property or business. Standards to be considered
in determining whether unnecessary noise exists include, but are not
limited to, the following:
[Amended 7-14-2021 by L.L. No. 1-2021]
(1)
The volume of the noise.
(2)
The intensity of the noise.
(3)
Whether the nature of the noise is usual or unusual.
(4)
Whether the origin of the noise is natural or unnatural.
(5)
The volume and intensity of the background noise, if any.
(6)
The proximity of the noise to residential sleeping facilities.
(7)
The nature and the zoning district of the area within which the noise
emanates.
(8)
The time of day or night the noise occurs.
(9)
The time duration of the noise.
(10)
Whether the sound source is temporary.
(11)
Whether the noise is continuous or impulsive.
(12)
The presence of discrete tones.
C.
Specific prohibitions. The following acts, and the
causing thereof, are declared to be in violation of this article:
(1)
Sound-reproduction devices.
(a)
No person shall operate or use or cause to be
operated a sound-reproduction device that produces unnecessary noise.
(b)
No person shall operate or use or cause to be
operated any sound-reproduction device for commercial or business
advertising purposes or for the purpose of attracting attention to
any performance, show or sale or display of merchandise, in connection
with any commercial operation, in front or outside of any building,
place or premises abutting on or adjacent to a public street, park
or place or in or upon any vehicle operated, standing or being in
or on any public street, park or place or in or upon any vehicle operated,
standing or being in or on any public street, park or place. Nothing
in this section is intended to prohibit incidental sounds emanating
from sporting, entertainment or other public events.
(c)
No person shall operate or use any sound-reproduction
device in any public place in such a manner that the sound emanating
is audible to other persons.
(2)
Sound-signal devices. No person shall operate or cause
to be operated any sound-signal device, including but not limited
to any Klaxon, horn, whistle, bell, gong, drum or siren, so as to
create unnecessary noise, except required by the Vehicle and Traffic
Law of the State of New York.
(4)
Burglar alarms. No person shall operate or cause to
be operated any audible burglar alarm or any motor vehicle burglar
alarm unless such alarm shall be capable of automatically terminating
operation within 15 minutes after such alarm is first activated. Any
member of the Police Department of the Town of Carmel shall have the
authority to take such steps as may be necessary to disconnect such
alarm at any time when such alarm is operating.
(5)
Animals. No person shall keep, permit or maintain
any animal under his/her control to cause unnecessary noise across
a residential real property boundary.
(6)
Shouting. No person shall shout, yell, call, hoot,
whistle or sing on public streets or in public places in such a manner
as to annoy a considerable number of persons.
(7)
Containers and construction material. No person shall
load, unload, handle, transport, open, close or destroy any containers
or construction material in such a manner as to create unnecessary
noise.
(8)
Squealing tires. No person shall operate a vehicle
in such a manner as to cause unnecessary noise by spinning or squealing
the tires of such vehicle.
(9)
Exhausts. No person shall cause or permit the discharge
into the open air exhaust of any device, including but not limited
to any steam engine, diesel engine, internal combustion engine or
turbine engine, so as to create unnecessary noise.
(10)
Domestic power tools and equipment. No person
shall operate or permit to be operated any powered tool or equipment,
including but not limited to saws, sanders, drills, grinders, lawn
or garden tools, mowers, tractors, leaf blowers or gatherers or similar
devices, when used outdoors in a residentially zoned district during
the hours of 10:00 p.m. to 8:00 a.m., so as to create unnecessary
noise.
(11)
Modification of noise-control devices. No person
shall operate or permit to be operated any device that has been modified
so as to cause the sound emitted to be greater than that emitted by
such device as originally manufactured.
A.
Refuse-collecting equipment. No person shall operate
or permit to be operated a refuse-collecting vehicle which, when collecting
or compacting, exceeds a sound level of 80 db(A)'s at a distance of
10 feet from any surface of the collecting or compacting unit.
B.
Recreational vehicles, including snowmobiles. No person
shall operate or permit to be operated any recreational vehicle:
(1)
On private property of another without the express
prior written consent of the owner and the occupant of said property.
Such consent may be revoked at any time by the grantor thereof. Where
such express prior written consent has been obtained, the operator
or person at the site responsible for such operation shall keep said
consent on his person and available for immediate display at all times
during the period of such operation. Excepted from the operation of
this subsection are any private clubs or other organizations that
permit the operation of recreational motor vehicles on their property
in connection with the principal use of said property by the members
of any such club or organization.
(2)
On any public grounds or property, including Town-
or school-owned land, which shall include but not be limited to parks,
ball parks and recreation areas.
(3)
In such a manner as to create unnecessary noise so
as to unreasonably disturb or interfere with persons in the peaceful
and quiet enjoyment of their property. To this end, no person shall
operate a recreational motor vehicle before the hour of 9:00 a.m.
and after the hour of 7:00 p.m., prevailing time, or sunset, whichever
shall first occur.
C.
Air-conditioning and air-handling devices. No person
shall operate or permit to be operated an air-conditioning or air-handling
device that exceeds the maximum sound-level limitations provided in
this section.
(1)
In areas zoned residential, single-family or multiple-dwelling
units, continuous sound in air which has crossed the property line
shall not exceed 55 db(A)'s at any point.
(2)
The provisions of this section shall not apply if
the sound from the air conditioner or air-handling device produces
less increase than five db(A)'s in the sound level that exists in
the absence of such sound.
D.
Air compressors. No person shall operate or permit
to be operated an air compressor, unless a muffler certified by the
manufacturer of such muffler to provide a dynamic insertion loss of
not less than 20 db(A)'s of the sound emitted from the exhaust of
such compressor is installed on such exhaust.
E.
Paving breakers. No person shall operate or permit
to be operated a paving breaker manufactured prior to December 31,
1974, other than one operated electrically or hydraulically, unless
a muffler certified by the manufacturer of such muffler to provide
a dynamic insertion loss of five db(A)'s of the sound emitted from
the air exhaust of such paving breaker is installed on such air exhaust.
F.
Places of public entertainment. 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 db(A)'s for more than 30 seconds at the location of the spectators or which does not meet the levels provided for in § 104-14.
G.
Street and parking lot sweeping equipment. No person
shall operate or permit to be operated street or parking lot sweeping
equipment between the hours of 11:00 p.m. and 7:00 a.m. which, when
sweeping, exceeds a sound level of 45 db(A).
[Added 10-18-2000 by L.L. No. 4-2000]
A.
Sound levels limited; method of measurement. No person
shall operate or permit to be operated in a zoning district, as defined
in the Town of Carmel Zoning Ordinance,[1] any device that produces a sound level exceeding the limitations
in this section. The measurement of any sound or noise shall be made
with a sound-level meter using an A-scale decibel level. The measurement
shall be conducted at the property line on which such noise is generated
or perceived, whichever is appropriate in a residential district,
or at the boundary lines of the receiving land use district.
B.
Residential-zoned districts.
(1)
During the hours of 8:00 a.m. to 6:00 p.m., noise
levels within any residential-zoned district shall not exceed 65 db(A)'s
or an L10 in excess of 60 db(A)'s.
(2)
During the hours of 6:00 p.m. to 8:00 a.m., noise
levels within any residential-zoned district shall not exceed 55 db(A)'s
or an L10 in excess of 50 db(A)'s.
C.
Commercial-zoned districts. Noise levels within any
commercial/retail-zoned districts shall not exceed 65 db(A)'s or an
L10 of 60 db(A)'s.
D.
Construction activities. No person shall conduct or
permit to be conducted construction activities in a manner so as to
produce a sound level exceeding the limitations in this section.
(1)
Residential-zoned districts. During the hours of 8:00
a.m. to 6:00 p.m., noise levels from a construction site shall not
exceed an L10 of 70 db(A)'s when measured at
a distance of 400 feet from the construction site; during the hours
of 6:00 p.m. to 8:00 a.m., noise levels shall not exceed an L10 of 55 db(A)'s when measured at a distance of 400 feet
from the construction site.
(2)
Commercial retail-zoned districts. During normal business
hours, noise levels shall not exceed an L10 of 75 db(A)'s when measured at a distance of 400 feet from the construction
site; during other than normal business hours, noise levels shall
not exceed and L10 of 80 db(A)'s when measured
at a distance of 400 feet from the construction site.
E.
Noise-sensitive zones. No person shall cause or permit
the creation of any unnecessary noise exceeding 55 db(A)'s on any
street, sidewalk or public place adjacent to any school, church, senior
citizen center or authorized day-care center while in use or adjacent
to any hospital at any time, provided that signs are displayed so
as to identify such zone.
[Amended 1-17-2007 by L.L. No. 1-2007]
This article shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 3 of the Code of the Town of Carmel or the laws of the State of New York.
A.
Any person violating any of the provisions of this
article shall be deemed guilty of a violation and, upon conviction
thereof, shall be fined in an amount not exceeding $250 or be imprisoned
for a period not exceeding 15 days, or by both such fine and imprisonment.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as such.
[Amended 11-1-2006 by L.L. No. 7-2006]
B.
Any person under the age of 16 years who shall violate
any of the provisions of this article shall be deemed to be a juvenile
offender.
The operation of vehicles and equipment used
by the Town of Carmel Highway Department in the performance of official
duties shall be exempt from the requirements of this article until
such time as vehicles and equipment capable of compliance are available
and acquisition thereof is authorized by the Town Board.