[HISTORY: Adopted by the Town Board of the Town of Moreau 11-23-1999 by L.L. No. 2-1999. Amendments noted where applicable.]
This chapter shall be known as the "Town of Moreau Noise Control Local Law."
It is hereby declared to be the policy of the Town of Moreau to prevent excessive, unnecessary, disturbing 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 and prosperity and peace and quiet of the Town of Moreau and its inhabitants. It is the policy of the Town of Moreau that the property within the town may not be utilized in a manner that detrimentally effects the reasonable use and enjoyment of adjacent or neighboring property and that excessive, unnecessary, unreasonable or unusually loud noise results in such detrimental effect, especially between the hours of 11:00 p.m. and 7:00 a.m.
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.
- AMBIENT SOUND LEVEL
- The level of all sound sources in the area.
- American National Standards Institute or its successor bodies.
- AUDIO DEVICE
- A machine capable of playing, reproducing and/or amplifying speech, including but not limited to a radio, tape player or compact disc player.
- A-WEIGHTED SOUND LEVEL
- The frequency-weighted sound-pressure level (in decibels) measured on a sound-level meter with an A-weighted scale as specified in the American National Standards Institute (ANSI) specifications for sound-level meters (ANSI No. 4-1971).
- 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, earth moving, excavating, blasting, filling and landscaping, but not including agriculture.
- The abbreviation for A-weighted sound level in decibels.
- A unit for measuring the volume of sound equal to 20 times the logarithm to the base of 10 of the ratio of the pressure of the sound measured to the reference pressure which is 20 micropascals.
- A public calamity exposing any person or property to imminent danger or loss or harm.
- EMERGENCY WORK
- Work or activity that is necessary to prevent or recover from an emergency, including but not limited to work to repair electric, gas, water, sewage, telephone or other essential public utilities or services.
- The logarithm of the ratio of a quantity to reference of the same kind. The base of the logarithm is 10.
- Any person who has regular control of a device or site, including but not limited to the owner of a freehold of the premises, or any lesser estate therein, or an agent or lessee of such person.
- 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.
- PLACE OF PUBLIC ENTERTAINMENT
- Any commercial or privately operated indoor or outdoor facility within which the general public or organizational members gather for dining, drinking, dancing or other social events, including, but not limited to, restaurant, bar, cafe, discotheque or dance hall.
- REAL PROPERTY BOUNDARY
- An imaginary line exterior to any structure, along the ground surface, which separates the real property owned by one person from that owned by another person, and the vertical extension of such line.
- SENSITIVE RECEPTOR
- Any occupied property, or if a condominium, apartment house, duplex or attached business, within any adjoining unit; or place of business which is affected adversely by noise.
- SOUND AMPLIFIER OR SIMILAR DEVICE
- 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, compact disc player, phonograph or any other sound-amplifying device.
- SOUND LEVEL
- The quantity in decibels measured by a sound-level meter satisfying the requirements of American National Specification for Sound-Level Meters S1.4-1971. This publication is available from the American National Standards Institute, Inc. (ANSI), 1430 Broadway, New York, New York, 10018. "Sound level" is the frequency weighted sound-pressure level obtained with the standardized dynamic characteristic fast or slow and weighting A, B and C; unless indicated otherwise, the A-weighting with a slow response is understood.
- SOUND-LEVEL METER
- An instrument, including a microphone, an amplifier, an output meter and frequency weighing network for the measurement of sound levels. "Sound-level meters" shall conform to the requirements of ANSI specifications for sound-level meters S1.4-1971, Types 1, 2, S1A or S2A.
- SOUND-PRESSURE LEVEL
- Twenty times the logarithm to the base 10 of the ratio of the root mean squared pressure of a sound to a reference pressure of 20 micropascals. The unit applied to this measure shall be the decibel (dB).
- UNREASONABLY LOUD OR UNNECESSARY NOISE
- A noise which is unreasonably loud or unnecessary is defined as any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal and ordinary sensitivities, or which causes injury to animal life or damages to property or business. Standards to be considered in determining whether "unnecessary noise" exists in a given situation include but are not limited to 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 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 discreet tones.
It shall be prima facie evidence that an activity is in violation of this chapter when a sound-level meter determines that the decibel level of a particular activity is in excess of the standards hereinafter set forth. All measurements will be made on the A-2 weighted sound level of a Type 0, 1, or 2 sound-level meter with a slow response. The meter will be calibrated each day that an individual or set of measurements is to be taken.
Unnecessary noise. No person shall make, continue or cause or permit to be made any continued unreasonably loud or unnecessary noise, including any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal and ordinary sensitivities.
The operation, playing or permitting the operation or playing of any radio, television, phonograph, stereo, drum, musical instrument, sound amplifier or similar device in a stationary position which produces, reproduces or amplifies sound in a manner which raises the ambient sound level within the nearest sensitive receptor to a level which exceeds:
The operation, playing or permitting the operation or playing of any radio, television, phonograph, stereo, drum, musical instrument, sound amplifier or similar device in a stationary position which produces a noise or sound level which is unreasonably loud or unnecessary which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal and ordinary sensitivities.
This subsection does not apply to places of public entertainment or amusement. This subsection also does not apply to sounds that have a duration of less than five minutes between the hours of 9:00 a.m. and 10:00 p.m.
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, from which the sound level is equal to or exceeds 75 dB(A) between the hours of 9:00 a.m. and 11:00 p.m. or from which the sound level is equal to or exceeds 60 dB(A) between the hours of 11:00 p.m. and 9:00 a.m., measured out-of-doors from a distance of at least 50 feet from the noise source or adjacent to the nearest sensitive receptor, whichever is closer.
Unreasonably loud or unnecessary sound, including any excessive or unusually loud sound, which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal and ordinary sensitivities which is produced by any place of public entertainment or amusement referred to in § 100-5D(1) shall be deemed in violation of this chapter.
Building construction: operating or permitting the operation of any tool or equipment used in construction, drilling or demolition work, including, but not limited to, the excavation, alteration, construction or repair of any building, between the hours of 11:00 p.m. and 7:00 a.m., except in the case of an emergency or the interests of the public safety and then only with the permit of the Building Inspector, which permit may be issued for a maximum period of three days during the continuance of such emergency.
Refuse compacting: the operation of a refuse-compacting vehicle in the process of compacting or collecting refuse contained in a dumpster or similar receptacle or contained in an individual garbage can between the hours of 9:00 p.m. and 7:00 a.m.
[Amended 7-22-2008 by L.L. No. 5-2008]
Motor vehicles. No person may operate an audio device from any parked motor vehicle or motor vehicle that remains stationary for at least five minutes at sound levels which may be heard at a distance of 150 feet away from the motor vehicle.
Exception. This chapter shall not apply to the operation or use of any organ, radio, bell, chime or other instrument, apparatus or device by any church, synagogue, school or governmental officer or employee in the course of official duty or to properly functioning emergency and safety alarms sounding off for the protection of public health, safety and welfare; nor shall this chapter apply to legally permitted fireworks displays, weddings, community or religious events or special events or celebrations for which a permit to conduct outside entertainment has been issued by the Town of Moreau, or are otherwise sanctioned by the Town of Moreau.
Waiver. Upon a showing that it is in the public interest and for good cause, the Town Board may waive application of this chapter.
Any person who violates any provision of this chapter shall be guilty of a violation punishable by a fine of:
When a violation of this chapter or any provision thereof is continuous, each date or portion thereof on which a violation occurs shall constitute a separate and distinct violation for which a separate and additional penalty may be imposed.
In addition, upon violation of this chapter or any provision thereof, the Town Board may maintain an action or proceeding in the name of the Town of Moreau in a court of competent jurisdiction to compel compliance with this chapter or restrain by injunction any violation thereof. The prosecution of a violation of this chapter for any penalty under Subsection A hereof shall not affect the right of the town to obtain injunctive relief herein.
If any provisions of this chapter are held invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provisions.
This chapter shall take effect upon filing in the Office of the Secretary of State.