[HISTORY Adopted by the Town Board of the
Town of Babylon 12-18-1979 by L.L. No. 10-1979. Amendments noted
where applicable.]
It is hereby declared to be the policy of the
Town of Babylon to prevent excessive, unnecessary, unreasonable or
unusually loud noise. It is further declared that the provisions and
prohibitions hereinafter contained and enacted are in pursuance of
and for the purpose of preserving, protecting and promoting the public
health, comfort, convenience, safety, welfare, prosperity and the
peace and quiet of the Town of Babylon and its inhabitants.
This chapter shall be liberally construed so
as to effectuate the purposes described in this chapter. Nothing herein
shall be construed to abridge the emergency powers of any health department
or the right of such department to engage in any necessary or proper
activities. Nothing herein shall abridge the powers and responsibilities
of any police department or law enforcement agency to enforce the
provisions of this chapter.
A.
All terminology defined herein is in conformance with
the terminology of the American National Standards Institute (ANSI)
or its successor body.
B.
ACTIVITY
AIR-CONDITIONING AND AIR-HANDLING DEVICE
AMBIENT NOISE
AUDIBLE
AUTHORIZED EMERGENCY VEHICLE
A-WEIGHTED SOUND LEVEL [dB(A)]
BUILDING APERTURE
BUSINESS AREAS
CONSTRUCTION
CONTAINER
CONTINUOUS SOUND
DECIBEL (dB)
EMERGENCY
GROSS VEHICLE WEIGHT RATING (GVWR)
IMPULSIVE SOUND
INDUSTRIAL AREAS
L10
L90
MOTORBOAT
NOISE SENSITIVE ZONE
OFF-ROAD RECREATIONAL VEHICLE
OWNER
PEAK SOUND PRESSURE LEVEL
PERSON
RESIDENTIAL AREAS
SOUND
SOUND LEVEL METER
SOUND PRESSURE LEVEL
SOUND REPRODUCTION DEVICE
SOUND SIGNAL DEVICE
SOUND SOURCE
SOUND SOURCE SITE
UNREASONABLE NOISE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
As used in this chapter, the following terms shall
have the meanings indicated:
Any act or combination of acts which causes the production
of sound.
Any device that is designed to be used or is actually used
to cool, move or condition air, including but not limited to air conditioners,
cooling towers, fans and blowers.
The all encompassing background noise level associated with
a given environment, being usually a composite of sounds from many
sources.
A sound level which exceeds the background sound level by
at least five dB(A).
Every ambulance, law enforcement vehicle, fire control vehicle
and civil defense emergency vehicle.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighted network slow response. The level
so read is designated dB(A).
Any designated opening in a building to which a person may
reasonably have access, including but not limited to any door, gate,
window, skylight or hatch.
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public
or private highways, roads, premises, parks utility lanes or other
property, including but not limited to related activities such as
land clearing, grading, earthmoving, excavating, blasting, filling
and landscaping, but not including agriculture.
Any receptacle, regardless of contents, manufactured from
wood, metal, plastic, paper or any material whatsoever, including
but not limited to any barrel, basket, bale, box, crate, tub, bottle,
can or refuse container.
Any sound that is not an impulsive sound.
A unit for measuring the pressure level of a sound. For the
purpose of this chapter, the standard reference pressure stated herein
will be used to assure a consistent and standard reference for measuring
sound. The sound pressure level measured in decibels is equal to 20
times the logarithm to the base ten of the ratio of the effective
pressures of the sound measured to the reference pressure, such reference
pressure being 20 micropascals (20 micronewtons per square meter).
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle, should be used.
A sound characterized by brief excursions of peak sound pressure
which significantly exceed the ambient sound.
The A-weighted sound level, measured with slow response,
that is exceeded 10% of the time in a one-hour interval or equivalent
thereof.
The A-weighted sound level, measured with slow response,
that is exceeded 90% of the time in a one-hour interval or equivalent
thereof.
Any vessel which operates on the water and which is propelled
by a motor, including but not limited to boats, barges, amphibious
craft, water-ski towing devices and hovercraft.
Any area designated pursuant to § 156-6 of this chapter for the purpose of ensuring exceptional quiet.
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 go-cart, motorcycle, trail-bike or minibike, commercial or noncommercial
racing vehicles and dune buggies.
Any person who has regular control of a device or site, including
but not limited to the owner of the freehold of the premises or lesser
estate therein or mortgage thereof, or an agent of such person.
The maximum absolute value of the instantaneous sound pressure
level during a specified time interval.
Any individual, partnership, company, public or private corporation,
association, firm, organization, political subdivision, governmental
agency, administration or department, municipality, trust, estate,
group of individuals or any other legal entity whatsoever.
Any variation in ambient barometric pressure.
An instrument, including a microphone, an amplifer, an output
meter and frequency-weighting networks, for the measure of sound levels.
The weighted sound pressure level in decibels obtained by
the use of a sound level meter and frequency-weighting network, such
as A, B or C. If the frequency weighting employed is not indicated,
the A-weighting slow response shall apply.
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,
loudspeaker, public address system or any other sound-amplifying device.
Any device that is designed to be used or is actually used
to produce a sound signal, but not spoken language, including but
not limited to any horn, whistle, bell, gong, siren, rattle, clapper,
hammer, drum or air horn.
Any activity or device whatsoever that produces sound.
A parcel of land or a tract of land consisting of two or
more parcels, which includes all contiguous land and water areas under
the ownership or control of a person in or upon which one or more
sound sources are located. The "sound source site" includes all individual
sound sources that are located on such site, whether stationary, movable
or mobile. A "sound source site" is created by the installation of
one or more sound sources thereon.
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of a reasonable person of normal sensitivities
or which causes injury to animal life or damage 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 volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or
unusual.
Whether the origin of the noise is natural or
manmade.
The volume and intensity of the background noise,
if any.
The proximity of the noise to residential sleeping
facilities.
The nature and the zoning district of the areas
within which the noise emanates.
The time of the day or night the noise occurs.
The time duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or impulsive.
The noise control program established by this
chapter shall be administered jointly by the Town of Babylon Department
of Environmental Control and such other employees and/or officials
authorized by the Town.
The Town of Babylon Department of Environmental
Control shall have the following duties:
A.
Studies. To conduct or cause to be conducted research,
monitoring and other studies related to sound and vibration.
B.
C.
Regulations. To recommend, for promulgation, to the
Town Board any further regulations consistent with the policy of this
chapter and its effective administration.
The Department shall designate noise sensitive
zones which contain noise sensitive activities. Existing quiet zones
shall be considered noise sensitive zones until otherwise designated.
Noise sensitive activities include, but are not limited to, operations
of schools, public libraries, churches, hospitals and nursing homes.
The Town Board shall have the authority to make,
amend and rescind such procedural rules as may be necessary to carry
out the provisions and intent of this chapter.
No person shall make, continue or cause to be
made or continued any excessive, unnecessary, unreasonable or unusually
loud noise which either annoys, disturbs, injures or endangers or
tends to annoy, disturb, injure or endanger the comfort, repose, health,
peace or safety of other persons or the public. Noncommercial public-speaking
activities conducted at any public space or public right-of-way shall
comply with the Code of the Town of Babylon.
The following acts and the causing thereof are
declared to be in violation of this chapter:
A.
Air-conditioning and air-handling devices.
(1)
Except as provided by Subsection A(4) of this section, 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.
(3)
In areas zoned for multiple dwellings or apartments,
continuous sound in air shall not exceed 50 dB(A) outside any living-area
window measured not more than three feet from the window opening.
(4)
The provisions of this subsection shall not apply
if the sound from the air-conditioning or air-handling device produces
less than a five-dB(A) increase in the sound level that exists in
the absence of such sound.
B.
Animals and birds. No person shall keep, permit or
maintain any animal, including a bird, under his control which frequently
or for continued duration makes sounds which create unreasonable noise
across a residential real property boundary. This provision shall
not apply to public zoos. No person who owns, possesses or harbors
an animal, including birds, shall permit such animal to bark, howl,
meow, squawk or make other sounds which, frequently or for continued
duration, create an unreasonable noise across a residential real property
boundary or within a noise sensitive zone.
C.
Commercial, business and industrial operations.
(1)
No person shall operate or permit to be operated on
a sound source site a commercial business or industrial operation
that produces a sound level exceeding the limitations as provided
in this subsection.
(2)
Sound which has entered residential or noise sensitive
zones.
(a)
Continuous sound in air which has crossed the
property line of such sound source site and enters property zoned
for residential use or property within a noise sensitive zone shall
not exceed either of the following levels:
[1]
During the hours of 7:00 a.m. to 7:00 p.m.:
a sound level in excess of 65 dB(A) measured with the slow response
of a sound level meter; or an L10 in excess
of 60 dB(A).
[2]
During the hours of 7:00 p.m. to 7:00 a.m. the
following day: a sound level in excess of 55 dB(A) measured with the
slow response of a sound level meter; or an L10 in excess of 50 dB(A).
(b)
The sound levels contained herein shall only
apply to noise sensitive zones when such are in use.
(3)
Continuous sound in air which has crossed the property
line of a sound source site and enters property which is zoned for
business or property where the public in general congregates, excepting
property zoned for industrial use, shall not exceed either of the
following levels: a sound level in excess of 65 dB(A) measured with
the slow response of a sound level meter; or an L10 in excess of 60 dB(A).
(5)
Exposure to sound that has crossed the property line
of a sound source site and enters property zoned for industrial use
shall not exceed any of the following levels:
D.
Construction. No person shall operate or permit to
be operated any tools or equipment used in construction, drilling
or demolition work:
(1)
Between the hours of 8:00 p.m. and 7:00 a.m. the following
day on weekdays or at any time on Sundays or legal holidays such that
the sound therefrom creates unreasonable noise across a residential
real property boundary line or within a noise sensitive zone.
(2)
At any other times such that the continuous sound
in air level at or across a real property boundary exceeds an L10 of 80 dB(A).
(3)
At any other time such that the impulsive sound in
air has a peak sound pressure level at or across a real property boundary
in excess of 130 dB(A).
E.
Emergency warning devices. No person shall operate
or cause to be operated any emergency warning device except:
F.
Loading and unloading. No person shall engage in,
cause, permit or suffer the loading, unloading, opening, closing or
other handling of boxes, crates, containers, building materials or
any other objects between the hours of 8:00 p.m. and 7:00 a.m. the
following day, in such a manner as to cause unreasonable noise across
a residential real property boundary.
[Amended 10-4-2006 by L.L. No. 36-2006]
G.
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 from such device to be greater than
that emitted by such device as originally manufactured.
H.
Motor vehicle maximum sound levels.
(1)
No person shall operate or cause to be operated on
a public highway any motorcycle at any time, under any condition of
grade, load, acceleration or deceleration in such a manner as to exceed
a sound level of 86 dB(A) measured at or adjusted to a distance of
50 feet or 15 meters from the center of the lane in which the motorcycle
is traveling.
(2)
Off-road recreational vehicles.
(a)
No person shall operate or cause to be operated
any off-road recreational motor vehicle off a public highway at any
time, under any condition of grade, load, acceleration or deceleration
in such a manner as to exceed a sound level of 90 dB(A) measured at
a distance of 50 feet or 15 meters from the path of the vehicle or
across a boundary of a private property when operated on private property.
This section shall apply to all off-road recreation motor vehicles
whether or not they are duly licensed and registered.
(b)
Special variances for this subsection may be
granted by the Town Board regarding a sanctioned racing event.
(3)
Parking of certain vehicles.
(a)
No person shall operate or permit the operation
of any motor vehicle with a gross vehicle weight rating (GVWR) in
excess of 10,000 pounds, or any auxiliary equipment attached to such
a vehicle, for a period longer than 30 minutes in any hour while the
vehicle is stationary for reasons other than traffic congestion on
a public right-of-way or public space so that the sound therefrom
is audible across a residential real property boundary or designated
noise sensitive zone between the hours of 8:00 p.m. and 7:00 a.m.
of the following day.
(b)
This subsection shall not apply to authorized
emergency vehicles or to public utility vehicles actually engaged
in any emergency repair activity.
I.
Motorboats.
(1)
No person shall operate or permit to be operated any
engine-powered motorboat in any lake, river, stream or tidal waterway
at any time, at any speed or under any condition of load, acceleration
or deceleration or in any manner whatsoever, as to exceed a sound
level of 84 dB(A) at the nearest shoreline or at 50 feet or 15 meters,
whichever distance is less.
(2)
This provision shall not apply to races or regattas
conducted under United States Coast Guard permit.
J.
Noise sensitive zone. No person shall cause or permit
the creation of any sound by means of any device or otherwise on any
sidewalk, street or public place adjacent to any school, court, house
of worship or public library while such facility is in use, or adjacent
to any hospital or nursing home at any time, so that such sound disrupts
the normal activities conducted at such facilities or disturbs or
annoys persons making use of such facilities. The provisions of this
subsection shall only apply if there are conspicuous signs displayed
indicating the presence of such facilities.
K.
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 playing of any sound reproduction device or similar device
creates a sound level in excess of 95 dB(A) sustained for more than
30 seconds at any point that is normally occupied by a customer, unless
a conspicuous and legible sign is located outside such place near
each public entrance stating "Sound Levels Within May Cause Permanent
Hearing Impairment."
L.
Sound reproduction devices.
(1)
No person shall operate or cause to be operated a
sound reproduction device that produces unreasonable or unnecessary
noise. The operation of any such device in such a manner as to create
unnecessary or unreasonable noise across a real property boundary
or the operation of such device by a passenger on a common carrier
in such a way as to disturb any other person on a common carrier is
prohibited.
(2)
No person shall operate or use or cause to be operated
or used 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, including but not limited to the sale of radios, televisions,
phonographs, tape recorders, phonograph records or tapes, in front
or outside of any building, place or premises, or in or through any
aperture of such 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 from
any stand, platform or other structure, or from any airplane or other
device used for flying over the Town of Babylon, or on a boat or the
waters within the jurisdiction of the Town of Babylon or anywhere
on public streets, parks or places. Nothing in this subsection is
intended to prohibit sounds emanating from sporting, entertainment
or other public events where such devices are used.
(3)
No person shall operate or use or cause to be operated
or used any sound reproduction device in any public place in such
a manner that the sound emanating therefrom creates unnecessary or
unreasonable noise across a real property boundary.
N.
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.
O.
Street sales.
(1)
No person shall shout, yell, call, hoot, whistle or
sing on public streets or in public places so as to cause unnecessary
or unreasonable noise.
(2)
No person shall call for the purpose of advertising
goods, services, wares or merchandise within any area zoned for residential
use so as to cause unnecessary or unreasonable noise. The provisions
of this subsection shall not apply to the sale of merchandise, food
and beverages at authorized entertainment events such as parades,
fairs and sporting events.
P.
Vehicle or motorboat repairs and testing. No person
shall cause or permit the repairing, rebuilding, modifying or testing
of any motor vehicle, motorcycle or motorboat in such a manner as
to cause unreasonable noise across a residential real property boundary.
A.
The Town shall order an immediate halt to any sound which exposes any person except those excluded by Subsection B below to continuous sound levels in excess of those shown in Table I below or to impulsive sound levels in excess of those shown in Table II below. Within three days following issuance of such an order, the Town shall apply to the appropriate court for an injunction to replace the order.
B.
No order pursuant to Subsection A shall be issued if the only persons exposed to sound levels in excess of those listed in Tables I and II below are exposed as a result of:
C.
Tables.
(1)
Table I.
|
Continuous Sound Levels Which Pose An
Immediate Threat To Health And Welfare
[Measured at 50 feet (15 meters)]
| |
|---|---|
|
Sound Level Limit
[dB(A)]
|
Duration
|
|
90
|
24 hours
|
|
93
|
12 hours
|
|
96
|
6 hours
|
|
99
|
3 hours
|
|
102
|
1-2 hours
|
|
105
|
45 minutes
|
|
108
|
22 minutes
|
(2)
Table II.
|
Impulsive Sound Levels Which Pose An
Immediate Threat To Health And Welfare
[Measured at 50 feet (15 meters)]
| |
|---|---|
|
Sound Level Limit
[dB(A)]
|
Number of Repetitions
(per 24-hour period)
|
|
145
|
1
|
|
135
|
10
|
|
125
|
100
|
[Amended 4-27-2022 by L.L. No. 10-2022; 12-20-2023 by L.L. No. 25-2023]
Any person who violates an order issued pursuant to § 156-10 shall be guilty of an offense and, upon conviction, subject to a fine of not less than $500 and not more than $1,500. Each day the violation continues shall be deemed a separate offense. Any person found by the Bureau of Administrative Adjudication to have violated such an order shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein for an offense or continuing offense.
No owner of any land shall commence or cause to be commenced construction of any structure if that structure or appurtenances will violate the sound levels identified in § 156-9C of this chapter.
If the Town has reason to believe that a full report is necessary as to whether a proposed project is prohibited under § 156-12 above, such report shall be made by the applicant prior to approval of any subdivision, zoning or building permit application. A full report shall contain the following information:
A.
The existing day-night sound level (Ldn) including identification of the major sources of sound for a representative
sample of locations.
B.
Any projected or proposed new or expanded sources
of sound which may affect the site during five years following completion
of the project and the projected future day-night sound level (Ldn) at the site resulting from these new or expanded
sources.
C.
Where applicable, plans for sound attenuation measures
on the site and/or the structure proposed to be built and the amount
of sound attenuation as a result of these measures.
D.
A fee shall be required for the review of a noise
study Department of Environmental Control, the amount of the fee shall
be established by Town Board resolution. This fee shall be placed
in the Department of Environmental Control's Environmental Trust Fund.
Review of the noise study shall not begin until such fee has been
received by the Department of Environmental Control.
[Added 4-9-1996 by L.L. No. 5-1996]
The provisions of this chapter shall not apply
to the following:
A.
Sporting, amusement and entertainment events during
practice, rehearsal and performance. This exception does not apply
to sounds created by the sound reproduction devices of commercial
operations including but not limited to music and loudspeakers.
B.
Sounds created by the means of propulsion of railroad
trains only when such railroad train is either in motion or idling
for less than 30 minutes during loading, unloading, coupling, uncoupling,
refueling or other similar operations.
C.
Emergency work and safety and protective devices used
to alert persons of an emergency.
A.
Any person seeking a special variance pursuant to
this section shall file an application. The application shall contain
information which demonstrates that bringing the source of sound or
activity for which the special variance is sought into compliance
with this chapter would constitute an unreasonable hardship on the
applicant, on the community or on other persons. Such information
shall further include but not be limited to the following:
(1)
The plans, specifications and other information pertinent
to such sources.
(2)
The characteristics of the sound emitted by the source,
including but not limited to the sound levels, the presence of impulsive
sounds and the hours during which such sound is generated.
(3)
The noise abatement and control methods used to restrict
the emission of sound.
B.
Any person who claims to be adversely affected by
allowance of the special variance may file a statement containing
any information to support his claim. If sufficient controversy exists
regarding an application, a public hearing may be held.
C.
In determining whether to grant or deny the application,
a balance of the hardship to the applicant, the community and other
persons of not granting the special variance against the adverse impact
on the health, safety and welfare of persons affected, the adverse
impact of property affected and any other adverse impacts of granting
the special variance will be considered.
D.
If the special variance is granted, it may contain
restrictions and conditions, including a time limit on the permitted
activity.
[Amended 4-27-2022 by L.L. No. 10-2022]
Except where a person is acting in good faith to comply with an abatement order issued pursuant to § 156-17, violation of any provision of this chapter shall be cause for the commencement of criminal or civil proceedings and shall be punishable by a fine or civil penalties as provided in §§ 1-15 through 1-17 of this Code.
