[HISTORY: Adopted by the Board of Trustees of the Village of Newark
Valley 9-10-2001 by L.L. No. 4-2001. Amendments
noted where applicable.]
It is hereby declared to be the policy of the Village of Newark Valley
to prevent excessive, unnecessary or unusually loud noise which may jeopardize
the well-being, public health, comfort, convenience, safety and welfare of
its citizens and the peace and quiet of its inhabitants. The provisions and
prohibitions hereinafter contained shall not be utilized or construed in any
manner so as to deny or limit any right or privilege granted and recognized
by the First Amendment of the Constitution of the United States.
Unless otherwise indicated by context, the following terms and phrases
shall have the following meanings:
A unit for measuring the volume of sound, equal to 20 times the logarithm
to the base 10 of the ratio of the sound pressure of 20 micronewtons per square
meter.
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day and Christmas Day.
The sound-pressure level measured in decibels with a sound-level
meter which conforms to Type 1 or Type 2 standards under ANSI Specifications
SI.4-1971 or the latest approved revision thereof.
Any sound that either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of a reasonable person of normal
sensitivities under the circumstances.
The standard or standards to be considered in determining whether a
noise is an unreasonably intrusive noise which constitutes a prohibited noise
shall include, but not be limited to, one or more of 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 noise is temporary.
K.
Whether the noise is continuous or impulsive.
L.
The presence of discrete tones.
The following acts, among others, are declared to be noises in violation
of this chapter, but said enumeration shall not be deemed to be exclusive:
A.
The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle, except as a warning signal pursuant to the
provisions of the Vehicle and Traffic Law of the State of New York.
B.
Playing, using, operating or permitting to be played,
used or operated any radio, television, phonograph, musical instrument or
instruments, loudspeaker, sound amplifier or other machine or device for the
production or reproduction of sound so as to create an unreasonably intrusive
noise.
C.
Playing, using, operating or permitting to be played,
used or operated any radio, television, phonograph, musical instrument or
instruments, loudspeaker, sound amplifier or other machine or device for the
production or reproduction of sound exceeding 65 dB(A) at any time within
a residential district or within any other district exceeding 70 dB(A) during
the hours between sunset and sunrise every day of the week.
D.
The keeping or harboring of any animal, fowl or bird
which, by causing frequent or long-continued noise, shall disturb the comfort
or repose of any person residing in the vicinity.
E.
The discharge into the open air of the exhaust of any
steam engine, stationary internal-combustion engine, air compressor, motorcycle
engine or motor vehicle engine, except through a muffler or other device which
effectively prevents loud, unusual or explosive noise so as to create unreasonably
intrusive noise.
F.
Construction work, including but not limited to building,
repairing, blasting, grading, leveling and excavating, during the hours between
sunset and sunrise every day of the week.
G.
The operation of power lawn mowers, rakers or leaf blowers
or other motor-driven lawn or garden equipment during the hours between sunset
and sunrise every day of the week.
H.
Playing, using, operating or permitting to be played,
used or operated any radio, phonograph, musical instrument, loudspeaker, sound
amplifier or other machine or other device for the production or reproduction
of sound which is cast upon the public streets or other public places for
advertising, soliciting or sales purposes.
I.
The use of any drum, bell, loudspeaker or other instrument
or device for the purpose of attracting attention to any solicitation, performance,
show or sale or display of merchandise by the creation of noise, except bells
sounded by licensed mobile vendors, provided that the sound thereof is not
audible more that 300 feet from said vehicle.
J.
Yelling, shouting, hooting, whistling or singing on the
public streets, particularly between the hours of sunset and sunrise or at
any time or place so as to disturb the quiet, comfort or repose of any persons
in the vicinity.
K.
The making, continuing, causing or permitting to be made,
verbally or mechanically, any unreasonably intrusive noise.
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
or within 10 feet of the property line of the property on which such noise
is generated.
Any person violating any provision of this chapter shall, upon conviction,
be punished for a violation by a fine not exceeding $250, or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment. Each
day the violation shall continue, it shall constitute a separate offense.
A.
Nothing in this chapter shall be construed to prevent
the production of music in connection with any military or civic parade, funeral
procession or religious service or the use of any bell, chimes or other instrument,
apparatus or device by any church or synagogue, or school licensed or chartered
by the State of New York, provided that such production or use does not occur
between the hours of sunset and sunrise of the following day.
B.
Sounds created by any government agency or railroad agency
by the use of public warning devices are exempted from the limitations of
this chapter.
C.
Sounds created by public utilities in carrying out the
operations of their franchise are exempted from the limitations of this chapter.
D.
Sounds connected with organized sporting events of any
public or private school or with Newark Valley Recreation Department sponsored
or permitted special events or sports programs or other community sporting
activities conducted on school or Village-owned playing fields are exempted
from the limitations of this chapter.
E.
Sounds connected with activities and equipment of the
Newark Valley Public Works Department are exempted from the limitations of
this chapter.
F.
Sounds connected with the operation of snow removal equipment
are exempted from the limitations of this chapter.
G.
Sounds connected with emergency situations are exempted
from the limitations of this chapter.
H.
Sounds connected with farming operations are exempted
from the limitations of this chapter.
