[HISTORY: Adopted by the Board of Trustees
of the Village of Northport 4-18-1989 by L.L. No. 2-1989 (Ch. 46 of
the 1966 Code). Amendments noted where applicable.]
A.
It is the policy of the Board of Trustees of the Incorporated
Village of Northport to maintain the peace and quiet of the village.
Unnecessary noise is determined by the Board of Trustees to be a hazard
to the public health, safety and welfare and to the quality of life
of the residential areas of the village. It is further declared that
the provisions hereinafter set forth are in pursuance of and for the
purpose of preserving, protecting and promoting the public health,
safety and welfare and peace and quiet for the residents of the village.
B.
It is the finding of the Board of Trustees that unnecessary
noise degrades the environment of the village to a degree which:
A.
All definitions used in this chapter, where applicable,
shall conform to the terminology of the American National Standards
Institute. A copy of the American National Standards Institute's definitions
shall be procured by the Village Clerk and shall be available at the
Village Clerk's office for public inspection.
B.
AIRBORNE SOUND
AIR COMPRESSOR
AIR-CONDITIONING AND AIR-HANDLING DEVICE
AMBIENT NOISE
A-WEIGHTED SOUND LEVEL
CONSTRUCTION
CONSTRUCTION DEVICE
CONSTRUCTION SITE
CONTINUOUS SOUND
dB
dB(A)
DECIBEL
DEVICE
DISCRETE TONE
EMERGENCY OPERATION
(1)
(2)
EXHAUST SYSTEM
FREQUENCY
HOMEOWNERS' LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
Hz
IMPULSIVE SOUND
L10
L90
MAXIMUM GROSS WEIGHT
MOTOR VEHICLE
MUFFLER
NOISE-SENSITIVE ZONE
PAVING BREAKER
PERSON
PUBLIC HIGHWAY
REFUSE-COLLECTING VEHICLE
SOUND
SOUND LEVEL
SOUND-LEVEL METER
SOUND-REPRODUCTION DEVICE
SOUND SOURCE
SOUND TRUCK
As used in this chapter, the following terms shall
have the meanings indicated:
Sound that reaches the point of interest by propagation through
the air. Approved sound-measuring equipment shall meet ANSI SI.4 1971
standards as described under the definition of "dB(A)" below.
A device which draws in air or gas, compresses it and delivers
it at a higher pressure.
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 noise associated with a given environment,
being usually a composite of sounds from many sources, near and far.
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighing network. The level so read is designated
"dB(A)."
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, earthmoving, excavating, blasting, filling
and landscaping.
Any powered device or equipment designed and intended for
use in construction. Examples of construction devices are air compressors,
bulldozers, backhoes, trucks, shovels, derricks and cranes.
Any location, including land and water, where construction
takes place.
Any sound that is not an impulsive sound.
The abbreviation of decibel.
The A-weighted sound level in decibels, as measured by a
general-purpose sound meter complying with the provisions of the American
National Standards Institute specifications for sound-level meters,
properly calibrated and operated on the A-weighing network.
The unit for measuring the volume of a sound, based upon
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 10 of the ratio of the effective pressure of the sound measured.
Any machine, mechanism or equipment which is intended to
or which actually produces sound or vibrations.
A sound wave whose instantaneous sound pressure varies essentially
as a simple sinusoidal function of time.
The operation or parking of an authorized emergency
vehicle when such vehicle is engaged in transporting a sick or injured
person, responding to or working or assisting at the scene of an accident,
disaster, public call, alarm of fire or any other emergency.
The work or activity that is necessary to prevent
or recover from an emergency, including but not limited to work to
repair electric, gas, water, sewerage and/or telephone services.
A system which removes and transports air or gas from a device.
A function period in time which is the reciprocal of the
period and which is measured by the number of oscillations or cycles
per second, expressed in hertz (Hz).
All engine- or motor-powered garden or maintenance tools
intended for repetitive use in residential areas, capable of being
used by a homeowner. Examples are lawn mowers, garden tools, riding
tractors, snowblowers, power shovels and snowplows.
The abbreviation for hertz, and is equivalent to cycles per
second.
A sound of short duration, usually less than one second,
and of high intensity, with an abrupt onset and rapid delay. Examples
include an explosion or discharge of a firearm.
The A-weighted sound level measured with slow response that
is exceeded 10% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
The A-weighted sound level measured with slow response that
is exceeded 90% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
The weight of the vehicle unladen, plus the weight of the
maximum load to be carried by such vehicle during the registration
period or the maximum gross weight for which the vehicle is registered,
whichever is greater.
Every vehicle operated or driven upon a public highway, which
is propelled by any power other than muscular power.
A device for abating the sound of escaping gases of an internal
combustion engine or other sound source.
An area adjacent to a site, including but not limited to
any authorized school, church, house of worship, senior citizen center,
day-care center, hospital or nursing home, which requires specific
noise limitations.
Any powered construction device that is designed to be used
or is actually used to cut or trench pavement subbase, macadam, gravel,
concrete or hard ground.
Includes the singular and plural and also any natural person,
firm, corporation, political subdivision, government agency, association,
club, partnership, society or any other form of association or organization
or any legal entity whatsoever.
Any highway, road, street, avenue, public place, public driveway
or any other public way.
[1]Any motor vehicle designed to compact and transport refuse.
An oscillation in pressure, stress, particle displacement
or other physical parameter in a medium with internal forces (American
National Standards Institute terminology).
The weighted pressure level, measured by the use of a metering
characteristic and the weighing A, B and C (American National Standards
Institute terminology). For purposes of enforcing and interpreting
the provisions of this chapter, unless a different frequency weighing
is indicated, the A-weighing slow response shall apply.
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighing networks for the measurement of sound
levels (American National Standards Institute terminology).
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, recorder, phonograph
or any other sound-amplifying equipment.
Any activity or device that produces sound.
Any vehicle having mounted thereon or attached thereto sound-amplifying
equipment.
Any act in violation of any of the other provisions of this chapter is also deemed to be in violation of § 200-4 of this chapter. Nothing in this chapter shall be deemed to prohibit the prosecution and conviction of a person on two or more charges which may constitute violations of different sections of this chapter arising out of a single act, occasion or set of circumstances. However, no more than a single penalty may be imposed for each separate and distinct offense. Furthermore, each day (twenty-four-hour period) of violation of any provision of this chapter shall constitute a separate offense.
No person shall make, continue or cause or permit
to be made, verbally or mechanically, any unreasonable noise. An "unreasonable
noise" shall mean any excessive or unusually loud sound or any sound
which creates public inconvenience, annoyance, alarm or disturbance
and which is publicly offensive or recklessly creates a risk of the
foregoing. Standards to be considered in determining whether unreasonable
noise exists in a particular situation include 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
in the context of ordinary human experience.
D.
Whether the origin of the noise is natural or unnatural
in the context of ordinary human experience.
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 from
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 discrete tones.
The following acts and the causing thereof are
declared to be in violation of this chapter:
A.
Sound-reproduction devices.
(1)
No person shall operate, use or cause or permit to
be operated a sound-reproduction device that produces unreasonable
noise.
(2)
No person shall operate or cause or permit to be operated
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 where
the sound therefrom may be heard upon 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 Incorporated Village of Northport
or on a boat or on the waters within the jurisdiction of the Incorporated
Village of Northport 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, use or cause or permit to
be operated or used any sound-reproduction device in any public place
in such a manner that the sound emanating therefrom creates unreasonable
noise across a real property boundary, subject to the following exceptions:
(a)
Bells, chimes or carillons. Nothing herein contained
shall preclude or prohibit the use of loudspeakers or other sound-amplifying
devices to broadcast the sound of bells, chimes or carillons or replicas
thereof by a church or other house of worship.
(b)
Religious and seasonal music. Nothing herein
contained shall preclude or prohibit the reasonable use of loudspeakers
in business-zoned areas of the village solely to broadcast religious
and seasonal music from December 16 through January 1 of the following
year, between the hours of 9:00 a.m. and 9:00 p.m.
B.
Sound-signal devices. No person shall operate or cause
to be operated any sound-signal device, including but not limited
to any klaxon, horn, whistle, bell, gong, drum or siren, so as to
create unreasonable noise, except where authorized by the Vehicle
and Traffic Law of the State of New York.
D.
Burglar alarms. No person shall operate or cause to
be operated any audible burglar alarm or any motor vehicle burglar
alarm unless such alarm shall be capable of automatically terminating
operation within 15 minutes after such alarm is first activated.
E.
Motorboats.
(1)
No person shall operate or cause or permit to be operated
any engine-powered motorboat in any channel, harbor, bay or other
waterway within 1,500 feet of the jurisdictional limits of the Incorporated
Village of Northport 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 80 db(A)s when measured at any shoreline
within the village.
(2)
This provision shall not apply to races or regattas conducted under permit issued by the Village Clerk or the Mayor and Board of Trustees of the Incorporated Village of Northport pursuant to the Code of the Village of Northport or other applicable law; and notwithstanding the provisions of Subsection B hereof, it shall not apply to the use of a horn or whistle or other signaling or warning device when the same is used for the purpose of signaling another vessel(s) or for the purpose of warning another vessel(s) of the presence of the vessel emitting the signal or warning.
F.
Shouting. No person shall shout, yell, call, hoot,
whistle or sing on public streets or in public places in such a manner
as to create unreasonable noise.
G.
Containers and construction material. No person shall
load, unload, handle, transport, open, close or destroy any containers
or construction material in such a manner as to create unreasonable
noise.
H.
Squealing tires. No person shall operate a vehicle
in such a manner as to cause unreasonable noise by spinning or squealing
the tires of such vehicle.
I.
Exhausts. No person shall cause or permit the discharge
into the open air of exhaust of any device, including but not limited
to any steam engine, diesel engine, internal-combustion engine or
turbine engine, so as to create unreasonable noise.
J.
Homeowners' light residential outdoor equipment. No
person shall operate or cause or permit to be operated any powered
tool or equipment, including but not limited to saws, sanders, drills,
grinders, lawn or garden tools, mowers, tractors, leaf blowers or
gatherers or similar devices, when used outdoors in a residentially
zoned district during the hour of 9:00 p.m. and 8:00 a.m. of the following
day. Between the hours of 8:00 am. and 9:00 p.m., no person shall
operate, cause or permit to be operated any of the aforementioned
tools or equipment in such a way as to create unreasonable noise across
a real property line of a residential property. For purposes of enforcement
of this subsection, "unreasonable noise" means a sound level in excess
of 85 db(A)s when measured at said real property line.
K.
Modification of noise-control devices. No person shall
operate, cause or permit to be operated any device that has been modified
so as to cause the sound emitted to be greater than that emitted by
such device as originally manufactured.
L.
Standing motor vehicles.
(1)
No person shall operate or cause or permit to be operated
any motor vehicle with a gross vehicle weight rating (GVWR) in excess
of 10,000 pounds or any auxiliary equipment attached to such vehicle
for a period longer than 20 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 between the hours of 8:00
p.m. and 7:00 a.m. the following day.
(2)
This subsection shall not apply to authorized emergency
vehicles or to public utility vehicles actually engaged in any emergency
operations.
M.
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.
For purposes of the enforcement of this subsection, "unreasonable
noise" means a sound level in excess of 65 db(A)s when measured at
the real property line.
No person shall operate or cause or permit to
be operated a refuse collecting vehicle which, when collecting or
compacting, exceeds a sound level of 80 db(A)s when measured at a
distance of 10 feet from any surface of the collecting or compacting
unit.[1]
Except as provided in Subsection B of this section,
no person shall operate or cause or permit to be operated an air-conditioning
or air-handling device that exceeds the maximum sound-level limitations
provided in this section.
A.
In areas zoned residential, continuous sound in air
from said equipment which has crossed the real property line of the
property where said equipment or device is located shall not exceed
any of the following sound levels:
B.
The provisions of this section shall not apply if
the sound from the air conditioner or air-handling device produces
an increase of less than five db(A)s in the sound level that exists
in the absence of such sound.
No person shall operate or cause or permit to
be operated an air compressor unless a muffler certified by the manufacturer
of such muffler to provide a dynamic insertion loss of not less than
20 db(A)s of the sound emitted from the exhaust of such compressor
is installed on such exhaust.
No person shall operate or cause or permit to
be operated a paving breaker manufactured prior to December 31, 1974,
other than one operated electrically or hydraulically, unless a muffler
certified by the manufacturer of such muffler to provide a dynamic
insertion loss of five days of the sound emitted from the air exhaust
of such paving breaker is installed on such air exhaust.
No person shall operate or cause or permit to be operated a place of public assembly, including but not limited to a restaurant, bar or cafe, in which the sound level is equal to or exceeds 95 db(A)s for more than 30 seconds at the location of business invitees or which does not meet the levels provided for in §§ 200-13 through 200-16 or 200-20 and 200-21 of this chapter.
The sections and provisions of this chapter
shall be revised or amended from time to time in order to be kept
current with all updated federal and/or state noise-level standards.
No person shall operate or cause or permit to be operated in a zoning district, as defined in Chapter 306, Zoning, any device that produces a sound level exceeding the applicable, permissible limits specified in §§ 200-13 through 200-16 or 200-20 and 200-21 of this chapter. The measurement of any sound or noise shall be made with a sound-level meter using an A-scale decibel level. The measurement shall be conducted at the property line on which such noise is generated or perceived, whichever is appropriate in a residential district, or at the boundary lines of the receiving property. For purposes of enforcement of the provisions of this chapter, an enforcement official shall have the right to go onto the real property of the person alleged to be in violation for the limited purpose of obtaining accurate sound-level readings without being liable for trespass therefor.
Except as may otherwise be authorized by the
provisions of this chapter:
A.
During the hours of 8:00 a.m. to 6:00 p.m., no person
shall operate or cause or permit to be operated any device which produces
a sound level across a residential real property boundary or within
any residential zoned district in excess of 65 db(A)s or an L10 in excess of 60 db(A)s.
B.
During the hours of 6:00 p.m. to 8:00 a.m., no person
shall operate, cause or permit to be operated any device which produces
a sound level across a residential real property boundary or within
any residential zoned district in excess of 55 db(A)s or an L10 in excess of 50 db(A)s.
A.
Except as may otherwise be authorized by the provisions of this chapter, no person shall operate or cause or permit to be operated on a sound source site a commercial, business, marine business or industrial operation that produces a sound level exceeding the limitations as provided in Subsections B through D of this section.
B.
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:
C.
Continuous sound in air which has crossed the property
line of the sound source site and enters property which is zoned for
business or manufacturing or property where the public in general
congregates shall not exceed either of the following levels:
No person shall conduct, cause or permit to
be conducted construction activities in a manner so as to produce
a sound level exceeding the limitations in this section.
A.
Residential zoned districts.
(1)
During the hours of 8:00 a.m. to 6:00 p.m., noise
levels from a construction site shall not exceed an L10 of 80 db(A)s when measured at a distance 400 feet from the construction
site.
(2)
During the hours of 6:00 p.m. to 8:00 a.m., noise
levels shall not exceed an L10 of 70 db(A)s
when measured at a distance of 400 feet from the construction site.
B.
Fuel-powered
home and yard maintenance equipment.
[Added 10-3-2023 by L.L.
No. 8-2023]
(1)
The
operation of any fuel-powered home and yard maintenance equipment
during the following days and times shall be deemed a noise disturbance:
(2)
Notwithstanding
the above, fuel-powered home and yard maintenance equipment may be
used on Saturdays, Sundays or holidays between 9:00 a.m. and 5:00
p.m. as set forth below and not be deemed a noise disturbance:
(3)
All
fuel-powered equipment shall only be operated for two hours of use
per property on weekdays, and if permitted as set forth above, one
hour of use per property on Saturdays, Sundays or holidays. These
time restrictions shall not apply to spring cleanups (March 15 through
April 30 each calendar year) or fall cleanups (November 1 through
December 20 each calendar year.
(4)
In
the event of an emergency as determined by Village Administrator,
or the Village Administrator designee, the restrictions set forth
herein may be suspended
No person shall cause or permit the creation of any unreasonable noise exceeding 55 db(A)s on any street, sidewalk or public place adjacent to any school, church, house of worship, senior citizen center, library or authorized day-care center while in use or adjacent to any hospital or nursing home at any time, provided that signs are displayed so as to identify such zone. Otherwise, the sound levels contained in § 200-14B and D shall apply to such noise-sensitive zones, regardless of how the area itself is zoned.
The provisions of this chapter shall be enforced
by the Police Department and the Department of Building, Housing and
Code Enforcement of the Incorporated Village of Northport.
Except where a person is acting in good faith to comply with an abatement order issued pursuant to § 200-18, the violation of any provision of this chapter shall be cause for a summons to be issued by the Code Compliance Director or a law enforcement officer of the Northport Village Police Department.
A.
The Code Compliance Director and police officers of the Village of Northport shall order an immediate halt to any sound which exposes any person, except those excluded in Subsection B, to continuous sound levels in excess of those shown in Table I or to impulsive sound levels in excess of those shown in Table II. Within two days following issuance of such an order, the Code Compliance Director shall apply to the appropriate court for an injunction to replace the order.
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)s]
|
Duration
| |
90
|
24 hours
| |
93
|
12 hours
| |
96
|
6 hours
| |
102
|
1 1/2 hours
| |
105
|
45 minutes
| |
108
|
22 minutes
|
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)s]
|
Number of Repetitions Per 24-Hour Period
| |
145
|
1
| |
135
|
10
| |
125
|
100
|
A.
The Board of Zoning Appeals of the Village of Northport
shall have the authority, consistent with this section, to grant variances
to this chapter.
B.
Any person seeking a variance pursuant to this section
shall file an application with the Board of Zoning Appeals. The application
shall consist of a letter signed by the applicant and containing a
legal form of verification. Such letter shall contain information
which demonstrates that bringing the source of sound or activity for
which the variance is sought into compliance with this chapter would
constitute an unreasonable hardship on the applicant, on the community
or on other persons. In addition, the following information shall
be provided:
(1)
The plan, 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.
C.
The Board of Zoning Appeals, upon receipt of such application and upon payment of any fee in the amount as set forth from time to time by resolution in Chapter 147, Fees, shall set the matter down for a public hearing to be held within 30 days from the date the application is submitted. The Board of Zoning Appeals shall cause publication of such public hearing to be given in the official newspaper of the village in the same manner as an application to the Board of Zoning Appeals is published. The applicant in like manner shall give notice of the application by certified mail to all property owners surrounding the sound source site within a radius of 200 feet from the borders of said site.[1]
D.
In determining whether to grant or deny the application,
the Board of Zoning Appeals shall balance the hardship to the applicant,
the community and other persons of not granting the variance against
the adverse impact on the health safety and welfare of persons affected,
the adverse impact on the property affected and any other adverse
impacts of granting the variance.
E.
The Board of Zoning Appeals shall cause the taking
of sound level readings by the Northport Police Department in the
event that there shall be any dispute as to the sound levels prevailing
or to prevail at the sound source site.
F.
The Board of Zoning Appeals shall have the power to
impose restrictions, conditions and the recording of covenants upon
any sound source site, including time limits on permitted activity,
in the event that it shall grant any variance hereunder.
Any person violating any of the provisions of
this chapter shall be deemed guilty of a violation and, upon conviction
thereof, shall be fined in an amount not exceeding $250 or be imprisoned
for a period not exceeding 15 days, or be subjected to both such fine
and imprisonment. Each day (twenty-four-hour period) such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such. Any person under the age
of 16 years who shall violate any of the provisions of this chapter
shall be deemed to be a juvenile offender.
The provisions of this chapter shall apply to
the use or occupancy of any lot or structure thereon and to noise
produced thereby, except the following:
A.
Agriculture.
B.
The emission of sound for the purpose of alerting
persons to the existence of an emergency and the passage of vehicles
for that purpose.
C.
The emission of sound in the performance of an emergency
operation in the interest of public health and safety performed during
the hours of 7:00 a.m. to 6:00 p.m. Any person intending to perform
an emergency operation shall notify the Northport Village Police who
shall then notify the Mayor prior to the commencement of such operation.
[Amended 7-10-1990 by L.L. No. 5-1990]
(1)
Any person intending to perform an emergency operation
in the interest of public health and safety between 7:00 a.m. and
6:00 p.m. shall notify the Chief of Police or officer-in-charge of
the Northport Police Department as soon prior to the commencement
of the emergency operation as is possible.
(2)
In the event that such operation is to commence prior
to 7:00 a.m. or continue after 6:00 p.m., the person performing such
emergency operation shall obtain the permission of the Mayor or, in
his absence, the Chief of Police or, in his absence, the Deputy Mayor
for such work or the continuation of such work after 6:00 p.m., prior
to the commencement or continuation of the work.
D.
Official public celebrations.
E.
The ceremonial use of a cannon or other such device,
provided that the same was regularly in use prior to March 1, 1989,
and only to the extent of such use in effect on March 1, 1989.
For the purposes of interpretation and enforcement of the terms and provisions of this chapter in conjunction with Chapter 306, Zoning, of the Code of the Village of Northport, the following rules shall apply: