Village of Amityville, NY Noise

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.

AMBIENT NOISE

The all-encompassing background noise level associated with a given environment, being usually a composite of sounds from many sources.

AUDIBLE

A sound level which exceeds the background sound level by at least five dB(A).

AUTHORIZED EMERGENCY VEHICLE

Every ambulance, law enforcement vehicle, fire control vehicle and civil defense emergency vehicle.

A-WEIGHTED SOUND LEVEL [dB(A)]

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)."

BUILDING APERTURE

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.

BUSINESS AREAS

Those areas zoned as such by the Village Code.

CONSTRUCTION

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.

CONTAINER

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.

CONTINUOUS SOUND

Any sound that is not an impulsive sound.

DECIBEL (DB)

A unit for measuring the pressure level of a sound. For the purposes 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 10 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).

EMERGENCY

Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

GROSS VEHICLE WEIGHT RATING (GV)

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.

IMPULSIVE SOUND

A sound characterized by brief excursions of peak sound pressure which significantly exceed the ambient sound.

INDUSTRIAL AREAS

Those areas zoned as such by the Village Code.

L₁₀

The A-weighted sound level, measured with slow response, that is exceeded 10% of the time in a one-hour interval or equivalent thereof.

L₉₀

The A-weighted sound level, measured with slow response, that is exceeded 90% of the time in a one-hour interval or equivalent thereof.

MOTORBOAT

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, hovercraft and personal watercraft.

NOISE-SENSITIVE ZONE

Any area designed pursuant to § 114-2 of this chapter for the purpose of ensuring exceptional quiet.

OFF-ROAD RECREATIONAL VEHICLE

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 vehicle and dune buggy.

OWNER

Any person who has regular control of a device or site, including but not limited to the owner of the realty, tenant or an authorized agent of such person.

PEAK SOUND PRESSURE LEVEL

The maximum absolute value of the instantaneous sound pressure level during a specified time interval.

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.

RESIDENTIAL AREAS

Those areas zoned as such by the Village Code.

SOUND

Any variation in ambient barometric pressure.

SOUND-LEVEL METER

An instrument, including a microphone, an amplifier, an output meter and frequency-weighting networks, for the measure of sound levels.

SOUND PRESSURE LEVEL

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.

SOUND-REPRODUCTION 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, phonograph, loudspeaker, public address system or any other sound-amplifying device.

SOUND SIGNAL 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.

SOUND SOURCE

Any activity or device whatsoever that produces sound.

SOUND SOURCE SITE

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.

UNREASONABLE NOISE

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:

(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 man-made.

(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 areas within which the noise emanates.

(8)

The time of the 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.

§ 114-2 Noise-sensitive zones.

The Board of Trustees may, by resolution, designate noise-sensitive zones which will 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.

§ 114-3 Unreasonable noise.

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 Village of Amityville.

§ 114-4 Specific regulations.

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 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 also 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).

(4)

The sound levels specified in Subsection A(2) and (3) shall be decreased by five decibels if the sound contains impulsive tone characteristics.

(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:

(a)

Continuous sound in air.

[Amended 1-24-2011 by L.L. No. 1-2011]

Duration Per Day (in hours)	Sound Level 80 dB(A) Slow Response
16	82
8	85
4	88
2	91
1	94
1/2	97
1/4	100

(b)

Impulsive sound in air which has a peak pressure level in excess of 130 decibels.

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).

(4)

The provisions of this subsection shall not apply to emergency work or work conducted under a special permit issued pursuant to § 114-8 of this chapter.

Emergency warning devices. No person shall operate or cause to be operated any emergency warning device except:

(1)

To give notice as a warning of an emergency.

(2)

On an authorized emergency vehicle when such vehicle is engaged in emergency operations.

(3)

When such an emergency device is being operated under test conditions.

Loading and unloading. No person shall engage in, cause or permit the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of 8:00 p.m. and 6:00 a.m. the following day in such a manner as to cause unreasonable noise across a residential real property boundary.

Modification of noise-control devices. No person shall operate or cause the sound emitted from such device to be greater than that emitted by such device as originally manufactured.

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 permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds, or any 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.

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, so 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.

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.

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 Learning Impairment."

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 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 Village of Amityville or on a boat or the waters within the jurisdiction of the Village of Amityville, 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.

Sound signal devices. No person shall cause or permit to be caused the sounding of any sound-signaling device on or in any motor vehicle or stationary sound source except:

(1)

To serve as a danger or emergency warning.

(2)

Places of religious worship or similar activities.

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.

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.

§ 114-5 Correction of excessive sound levels.

The Village shall have the right to 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 Village shall apply to the appropriate court for an injunction to replace such administrative order.

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:

(1)

Trespass.

(2)

Invitation upon private property by the person causing or permitting the sound.

(3)

Employment by the person or a contractor of the person causing or permitting the sound.

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 to 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 twenty-four-hour period)
145	1
135	10
125	100

§ 114-6 Penalty for violation of sound-level correction order.

Any person who violates an order issued pursuant to § 114-5 shall for each day of violation be fined not more than $500.

§ 114-7 Exceptions to provisions.

The provisions of this chapter shall not apply to the following:

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.

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.

Emergency work and safety and protective devices used to alert persons of an emergency.

§ 114-8 Special permits.

Any person seeking a special permit pursuant to this section shall file an application with the Village Clerk. The application shall contain information which demonstrates that bringing the source of sound or activity for which such permit 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.

Any person who claims to be adversely affected by allowance of such permit may file a statement containing any information to support his claim.

In determining whether to grant or deny the application, the Board of Trustees shall consider the hardship to the applicant, the effect on the community and other persons of not granting such permit against the adverse impact on the health, safety and welfare of persons affected, adverse impact on property affected and any other adverse impacts of granting such permit.

If said permit is granted, it may contain restrictions and conditions, including a time limit on the permitted activity.

§ 114-9 Penalties for offenses.

Any person who violates any provision of this chapter shall be subject to a fine of not less than $250 nor more than $350 for each offense. Each day (twenty-four-hour-period) of violations of any provision of this chapter shall constitute a separate offense.

§ 114-10 Orders for abatement.

The Village shall also have the right to issue an order requiring abatement of any source of sound or vibration alleged to be in violation of § 114-4A, B or F of this chapter within 30 days of the issuance of such order.

§ 114-11 Issuance of summons.

Except where a person is acting in good faith to comply with an abatement order issued pursuant to § 114-10, violation of any provision of this chapter shall be cause for a summons to be issued.