[HISTORY: Adopted by the Town Board of the
Town of Rosendale 3-14-1984 by L.L. No. 1-1984. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Noise Control Law of the Town of Rosendale."
It is hereby declared to be the policy of the
Town Board to prevent unreasonably loud, disturbing and unnecessary
noise and to reduce noise level within the Town so as to preserve,
protect and promote the public health, safety and welfare and to foster
convenience, peace and quiet within the Town by the inhabitants and
transients thereof. The Town Board finds that every person is entitled
to have maintained noise levels which are not detrimental to life,
health and the enjoyment of property, and that excessive and unnecessary
noise within the Town of Rosendale affects and is a menace to public
health, safety, welfare and the comfort of the people of the Town.
For the purposes of this chapter, the terms
used herein are defined as follows:
The sound level in decibels, reported as measured by a sound-level-measuring
instrument having an A-weighting network which discriminates against
the lower frequencies according to a relationship approximating the
auditory sensitivity of the human ear. The level so read is designated
dBA.
The practical unit of measurement for sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated dB.
Any building wherein there are two or more dwelling units.
Any sounds of such level and duration as to be or tend to
be injurious to human health or welfare or that would unreasonably
interfere with the enjoyment of life or property.
A member of the Police Department trained in the measurement
of sound and empowered to issue a summons for violations of this chapter.
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit
building.
Any vehicle which is designated to be used or is actually
used to collect, compact and/or transfer refuse, garbage, recyclables
or trash.
[Added 4-9-2008 by L.L. No. 1-2008]
Any property used for human habitation.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
The sound-pressure level measured in decibels with a sound-level
meter set for A-weighting; "sound level" is expressed in dBA.
An instrument for the measurement of noise and sound.
That which is not required by the usual circumstances.
No person shall cause, suffer, allow or permit
the operation of any source of sound on a particular category of property
or any public space or right-of-way in such a manner as to create
a sound level that exceeds the particular sound level limits set forth
as follows: between 7:00 a.m. and 10:00 p.m.: 65 dBAs; and between
10:00 p.m. and 7:00 a.m.: 45 dBAs, when measured at the adjoining
property line.
The following sound shall not be deemed to be
a violation of this chapter:
A.
Church bells: sounds created by church bells or chimes.
B.
Warning devices: sounds created by any government
agency or by the use of public warning devices.
C.
Lawnmowers: sounds created by lawnmowers, manual and
power tools and household appliances in use between the hours of 8:00
a.m. and 8:00 p.m., prevailing time, weekdays, and 9:00 a.m. and 8:00
p.m., prevailing time, Sundays.
D.
Public utilities: sounds created by public utilities
in carrying out the operation of their franchises.
E.
Sporting events and public entertainment: sounds connected
with sporting events of any public or private school or authorized
carnival, fair, exhibition, parade, etc., allowed by the permit of
the Town Board or any other designated authority of the Town Board.
Noise will be reduced between the hours of 11:00 p.m. and 7:00 a.m.
A.
The following noises shall be prohibited:
(1)
Radio, phonograph or musical instrument: the operation
of any radio, phonograph, loudspeaker, or use of any musical instrument
in such a manner or with such volume as to annoy or disturb the quiet,
comfort or repose of persons in any dwelling, apartment or other type
of residence.
(2)
Animals and birds: owning, possessing or harboring
any pet animal or pet bird that frequently or for continued duration,
makes sounds that create a noise disturbance across a residential
real property line. (For the purpose of this section, a noise disturbance
from a barking dog shall be defined as that created by a dog barking
continually for 10 minutes or intermittently for 30 minutes unless
provoked.)
(3)
Automobile and other vehicle: the use of any automobile,
motorcycle, bus or vehicle so out of repair, so loaded or in such
manner as to create loud and unnecessary grating, grinding, rattling
or other noise.
(4)
Exhaust of engines: the discharge into the open air
of the exhaust of any stationary internal-combustion engine or motor
vehicle engine, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(5)
Construction work: the erection, including excavation,
demolition, alteration or repair, of any building other than between
7:00 a.m. and 9:00 p.m., except in the case of urgent necessity in
the interest of public safety as determined by the Building Inspector
or other applicable laws in the Town of Rosendale.
(6)
Adjoining schools, churches or medical facilities:
the creation of any excessive noise on any street adjacent to any
school, church, institution of learning or court, while the same is
in session, or medical facility which unreasonably interferes with
the workings of such institutions, provided that conspicuous signs
are displayed in such streets indicating that the same is a school,
medical facility or church street.
(7)
Loading and unloading vehicles: the creation of a
loud and excessive noise in connection with loading or unloading any
vehicle or the opening and destruction of bales, boxes, crates and
containers.
(8)
Loudspeaker or noise-making device: the use of any
drum, loudspeaker or other instrument or device for the purpose of
attracting attention to any sale or display of merchandise by the
creation of noise.
(10)
Projecting noises outside buildings: the use of any
radio apparatus, talking machine, loudspeaker or amplifier attached
thereto in such manner that the loudspeaker shall cause the sound
from such radio apparatus or talking machine to be projected directly
therefrom outside of any building or out-of-doors; or the use of any
radio apparatus, talking machine, loudspeaker or amplifier which is
in any way fastened to or connected with any outside wall or window
in any building or structure so that the sound therefrom is projected
outside of such outside wall or window. Nothing herein contained shall
be construed to prevent the operation of a radio apparatus or talking
machine used in a reasonable manner by any person within any building
or structure, provided that said radio apparatus or talking machine
or loudspeaker is not so arranged that such loudspeaker shall project
the sound therefrom directly outside of any building or out-of-doors.
(11)
Annoying sounds: the creation of any noise which causes
public inconvenience, annoyance or alarm or disturbs the public's
peace, comfort or tranquility.
(12)
The operation in any residential district, or any
district that includes residential uses, of a refuse-collecting vehicle
in the process of compacting or collecting refuse contained in a dumpster
or similar container or individual garbage cans after 8:00 p.m. and
before 6:00 a.m.
[Added 4-9-2008 by L.L. No. 1-2008]
B.
Sound device prohibitions. It shall be unlawful for
any person to use or operate, or cause to be used or operated, any
sound device or apparatus in, on, near or adjacent to any public street,
part or place for commercial or business advertising purposes or for
any person to operate or drive any automobile, truck or other vehicle
for commercial or business advertising, by means of any sound device
or apparatus. The use of any trade, business or corporate name or
business advertising shall be presumptive evidence that such advertising
was conducted by that person, business or corporation.
Any person who shall violate any of the provisions
of this chapter shall be guilty of a violation pursuant to the Penal
Law and shall be punishable by a fine of not more than $250 or imprisonment
for not more than 15 days, or both. This chapter shall be administered
and enforced by the Police Department.
