Peace and good order — See Ch. 182.
ARTICLE IDiesel Locomotive Idling (§ 166-1 — § 166-6)
ARTICLE IIGeneral Provisions (§ 166-7 — § 166-17)
§ 166-2Legislative intent.
§ 166-3Idling period.
§ 166-5Penalties for offenses.
§ 166-6Outside temperature or storage space
This Article shall be known as the "Diesel Locomotive Idling Regulations Law of the Village of Spring Valley."
The Village of Spring Valley recognizes its obligation to promote health and welfare in its community. In order to protect and improve the environment to prevent potential health hazards created by idling diesel locomotives and to control noise and emission generated from idling diesel locomotives, the Village Board of Trustees intends to limit the maximum time a diesel locomotive or locomotives may be permitted to idle its engines within the Village of Spring Valley.
A diesel locomotive shall not be permitted to idle within the Village of Spring Valley for longer than fifteen (15) minutes after its arrival and fifteen (15) minutes prior to the departure of the locomotive when said locomotive is located within one thousand (1,000) feet of any residential premises.
Any village code enforcement officer and any village police officer is hereby authorized to issue uniform appearance tickets, returnable before the Justice Court of the Village of Spring Valley, for any violation of this Article.
The violation of this Article shall be punishable by a penalty not exceeding five thousand dollars ($5,000.) or imprisonment for a period not in excess of fifteen (15) days, or both. Each and every day such idling is permitted and each locomotive idling in excess of fifteen (15) minutes shall constitute a distinct and separate offense.
Outside temperature or storage space consideration shall not constitute a defense to any prosecution hereunder.
§ 166-7Legislative determination; purpose.
§ 166-9Conflict with Labor Law and Industrial
§ 166-10Conflict with Vehicle and Traffic Law.
§ 166-11Noise and control of environmental noise.
§ 166-14Measurement procedures.
§ 166-15Excessive noise prohibited.
§ 166-16Prohibited noises.
§ 166-17Penalties for offenses.
It is hereby declared to be the policy of the Village of Spring Valley to prevent and control excessive, unnecessary or unusually loud environmental noise. It is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance and for the purpose of preserving, protecting and promoting the public health, comfort, convenience, safety, welfare, land, prosperity and the peace and quiet of the Village of Spring Valley and its inhabitants.
In addition, it is the policy of the Village of Spring Valley that every person is entitled to ambient noise levels that are not detrimental to life, health and enjoyment.
As used in this Article, the following terms shall have the meanings indicated:
- The American National Standards Institute or its successor bodies.
- COMMERCIAL OPERATION
- Any business or commercial activity that involves the purchase or utilization of goods or services, including but not limited to commercial dining establishments, motor vehicle services, retail and wholesale services, banks and office buildings, recreation and entertainment facilities, community services and public services.
- Building or demolition work, but shall not be limited to any structure, road or recreation facility and shall include all related activities, including but not limited to the clearing of land, earth moving, blasting and landscaping.
- CONSTRUCTION SITE
- Any location, including land, water and air, where construction takes place, including but not limited to construction equipment located either on public or private land or water or other location in the vicinity of where the construction actually takes place. Quarries, concrete and asphalt plants constructed and operated for the exclusive use of a contractor for a particular construction site shall be included as part of the "construction site."
- CONTINUOUS SOUND
- See "sound."
- See "sound pressure level."
- EMERGENCY WARNING DEVICE
- Any gong, siren, whistle, horn or similar device that is designed to be used and/or is actually used to warn of the exposure of any human being or property to imminent danger.
- EMERGENCY WORK
- The work or activity that is necessary for the prevention of the exposure of any human being or property to imminent danger. This may include, but is not limited to, work to repair electrical, gas, water, sewage or other public services.
- The "frequency" of a function periodic in time is the reciprocal of the period. The unit is the hertz.
- IMPULSIVE SOUND
- See "sound."
- INDUSTRIAL OPERATION
- The production, fabrication and storage of durable and nondurable man-made goods and including any activity that is not otherwise defined in this Article.
- The A-weighted sound level measured with slow response that is exceeded ten percent (10%) of the time in any one-hour interval. The measurement time interval need not be one (1) 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 ninety percent (90%) of the time in any one-hour interval. The measurement time interval need not be one (1) hour, provided that the measurement results are representative of a one-hour interval.
- Any physical change in or any change in the method of operation of a commercial, business or industrial site which increased the amount of sound emitted by such site or which results in the emission of a type of sound not previously emitted. "Modification" includes, but is not limited to, an increase in the use of raw materials, the hours of operation or the rate of production.
- MOTOR VEHICLE
- Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except:
- Sounds in the outdoor atmosphere, including but not limited to those sounds generated by man, his mechanical devices, domestic animals or pets, as specified in § 166-11.
- NOISE CONTROL MEASURE
- Any procedure, method, process, device or equipment which reduces the generation emission, radiation or reception of noise or which renders the noise less noxious.
- NOISE POLLUTION
- The periodic quantity is the smallest increment of the independent variable for which the function repeats itself.
- The Society of Automotive Engineers, Inc., or its successor bodies.
- An oscillation in pressure, stress, particle displacement, particle velocity, etc., in a medium with internal forces (e.g., elastic, viscous) or the superposition of such propagated oscillations.
- SOUND LEVEL METER
- An instrument, including a microphone, an amplifier, an output meter and frequency-weighting networks for the measurement of sound levels and sound pressure levels.
- SOUND LEVELS
- Based upon criteria related most directly to objective measurements of "sound levels," namely, hearing loss, speech interference and sleep interference. The frequency-weighted sound pressure level obtained by the use of metering characteristics and the weightings A, B or C, as specified in ANSI Specification for Sound Level Meter I.4-1971 or the latest revision. The sound level meter shall conform to either Type 1 or Type 2. The weighing employed must always be stated.
- SOUND PRESSURE LEVEL (in decibels)
- Twenty (20) times the logarithm to the base 10 of the ration of the pressure of this sound to the reference pressure of twenty (20) micronewtons per square meter. In formula:
|SPL = 20 log 10 (P/PO)|
|SPL = the sound pressure|
|P = the effective (root mean square) sound pressure|
|PO = the reference pressure|
- STATISTICAL ANALYSIS
- The methods entitled in 4642.03 of the Policies and Procedures Manual for Sound and Vibration Control of the New York State Department of Environmental Conservation or as amended or any reliable method meeting present-day technical and professional standards.
Nothing in this Article shall authorize the construction or operation of a source of sound in violation of the Labor Law or Industrial Codes or the Rockland County Sanitary Code.
Nothing in this Article shall authorize the sale or operation of a source of sound in violation of the Vehicle and Traffic Law.
No person shall initiate installation of a commercial, business or industrial operation that will violate the sound standards of this Article. Determination of conformance to this prohibition may be by comparison with similar commercial, business or industrial operations.
No person shall initiate modification of a commercial, business or industrial operation if such modification will violate the sound standards of this Article.
No person shall operate or cause to be operated a commercial, business or industrial operation that will violate the sound standards of this Article.
Sound standards for commercial, business and industrial operations.
Sound entering adjoining land shall not increase to L90 that exists in such land in the absence of such sound.
Continuous sound in air which has crossed the property line of such commercial, business or industrial operation shall not exceed either of the following levels:
For each of the prohibitions listed in this Article, sources of sound external to the property line of the commercial, business or industrial operation shall be excluded when determining whether noise is present. Such exclusion may be effected by manipulation of the level of sound to be excluded, analytical calculation, correlation techniques, mapping of noise contours, use of directional microphones and microphone arrays or any other suitable method. Measurement techniques are provided which shall be used when determining the external sound level. Such exclusion shall not apply when determining the L90 required.
The prohibitions of this Article shall not apply to the following sounds:
Sounds created by means of propulsion of railroad trains. This exception applies only when such railroad train is either in motion or idling during loading, unloading, coupling, uncoupling, refueling or other similar operations, provided that the idling time for such operations does not exceed fifteen (15) minutes.
Sounds created by emergency work, provided that the noise resulting from such work ceases to be emitted within twenty-four (24) hours of the time that noise is first emitted by such work.
Sounds that originate on construction sites between the hours of 7:00 a.m. and 10:00 p.m.
Sounds created by the tires and motor when propelling a motor vehicle that is registered to operate on public highways. This exception does not apply to auxiliary equipment on such vehicles or while such vehicles are under repair or test.
Noise emission testing and measurement to ascertain compliance with this Article shall be in substantial conformity with standards and recommended practices established by professional organizations such as ANSI and SAE.
Personnel conducting sound measurements shall be trained and experienced in the current techniques and principles of sound measuring equipment and instrumentation.
Instruments shall conform to the following standards or its latest revisions:
An anemometer and compass or other suitable device shall be used to measure wind speed and direction. A windscreen shall be used on the microphone.
A thermometer suitable for measurement of ambient temperature shall be used.
Instruments shall be met to conform to ANSI SI.13-1971, Methods for the Measurement of Sound Pressure Levels.
Instrument manufacturer's instructions for use of the instrument shall be followed.
The following steps shall be taken to acquire and record other data:
Check the condition of the power supply.
Calibrate the instrumentation setup with an external acoustic calibrator.
For continuous sound, set meter to the slow response. Use A-weighing network. For impulsive sound, the peak sound pressure level shall be measured by an oscilloscope with storage or memory capability or a suitable meter with hold capability.
Record the meter readings on an appropriate data sheet.
Record all pertinent atmospheric conditions, i.e., wind speed and direction, temperature and general weather conditions.
Record the manufacture, model and serial number for the instruments used.
Record the location of sound source(s) of interest and the microphone location(s) and its orientation relative to the sound source(s).
Calibrate the instrumentation setup with an external acoustic calibrator.
Check the condition of the power supply.
While measurements are being recorded, a continual visual and aural surveillance of extraneous sound sources should be made to ensure that the measurements are due to the sound being investigated. If possible, the sound levels of extraneous sound sources should be recorded.
The determination of the L10 and L90 requires statistical analysis. A graphic level recording and visual interpretation of the chart recording to determine L10 and L90 is an acceptable method. Instruments designed to determine the cumulative distribution of noise are also acceptable. Tape recordings and sound level sampling techniques are also acceptable.
Measurements shall be taken with the microphone at a height of four (4) feet or more above the ground.
It shall be unlawful for any person to make, continue or cause to be made or continued any excessive, unnecessary, unusually loud or unusually disturbing noise within the limits of the village.
The following acts are declared to be excessive, unusually loud, unusually disturbing and unnecessary noises in violation of this Article.
Horns, signaling devices, etc. The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any street or public place of the Village of Spring Valley, except as a danger warning, the sounding of any such device for an unnecessary and unreasonable period of time and the use of any such signaling device when traffic is for any reason held up.
Radios, television sets, tape recorders, bands, etc. The playing, using, operating or permitting to be played, used or operated of any radio receiving set, television set, musical instrument, band, tape recorder, phonograph or other machine device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, tranquility and comfort of the neighboring inhabitants or at any time with louder volume that is necessary for the convenient hearing of the person or persons who are in the place, room, vehicle or chamber in which the set, machine, instrument, band or device is played or operated and who are voluntary listeners thereto. The playing or operation of any such set, tape recorder, instrument, band, phonograph, machine or device in such manner as to be plainly audible at a distance of fifty (50) feet from the place, building, structure or vehicle in which it is located shall be prima facie evidence of this section.
Loudspeakers and amplifiers for advertising. The playing, using, operating or permitting to be played, used or operated of any radio receiving set, television set, musical instrument, band, tape recorder, phonograph, loudspeaker, sound amplifier or other machine or device for the purpose of producing or reproducing of sound which is placed upon the public streets for the purpose of commercial advertising or attracting the attention of the public to any building or structure.
Yelling and shouting. Yelling and shouting on the public streets at any time or at any place so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity.
Animals. The keeping of any dog or other animal which, by causing frequent or long continued barking or other noise, shall disturb the comfort or repose of any persons in the vicinity.
Schools, courts, churches and hospitals. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in use or adjacent to any hospital, which unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street.
Hawkers and peddlers. The shouting, yelling and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.
Any person violating or failing to comply with the provisions of this Article or with any order or direction lawfully given hereunder shall be liable to a penalty not exceeding five thousand dollars ($5,000.) or imprisonment for a period not in excess of fifteen (15) days, or both.