[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.
The level of all sound sources in the area.
American National Standards Institute or its successor bodies.
A machine capable of playing, reproducing and/or amplifying
speech, including but not limited to a radio, tape player or compact
disc player.
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.
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.
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.
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.
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.
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.
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.
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.
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).
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:
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
unnatural.
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 area
within which the noise emanates.
The time of 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 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.
B.
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.
C.
Sound reproduction.
(1)
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:
(2)
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.
(3)
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.
D.
Places of public entertainment.
(1)
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.
(2)
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.
E.
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.
F.
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]
G.
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.
H.
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.
I.
Waiver. Upon a showing that it is in the public interest
and for good cause, the Town Board may waive application of this chapter.
A.
Any person who violates any provision of this chapter
shall be guilty of a violation punishable by a fine of:
B.
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.
C.
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.