No person shall make, cause, allow, or permit
to be made any unreasonable noise within the geographical boundaries
of the Village or within those areas over which the Village has jurisdiction,
including the waters and beaches adjacent to, abutting or bordering
the Village.
Any of the following acts and causes thereof
which either annoy, disturb, injure or endanger the comfort, repose,
health, peace or safety of a reasonable person of normal sensibilities
are declared to be in violation of this chapter and to constitute
unreasonable noise:
A.
No person shall operate or use or cause to be operated
any loudspeaker, public address system or similar amplification device
between the hours of 10:00 p.m. and 7:00 a.m., except when used in
connection with a public emergency by officers of any police agency,
fire department or of any municipal entity.
B.
Using or operating any sound reproduction device or
other instrument or device for commercial or business advertising
purposes or for attracting attention to any performance, show or sale
or display of merchandise in connection with any commercial operation
in front or outside any building, place or premises, or through any
aperture of such building, place or premises, abutting or adjacent
to any public right-of-way, or in or upon any vehicle operated, standing
or being in or on any public right-of-way, or from any stand, platform
or other structure, or from any airplane or other device used for
flying over the Village of Tivoli, or on a boat on the waters within
the jurisdiction of the Village of Tivoli or anywhere on any public
right-of-way.
C.
The use of any sound reproduction device outside a
structure either on private property or on a public right-of-way or
public space or inside a structure in such a manner as to result in
the sound from such apparatus to be projected therefrom between 10:00
p.m. and 7:00 a.m. Sound which can be heard from inside a structure
across any real property boundary, where all exterior doors and windows
are closed, shall be deemed to be projected within the meaning of
this subsection. Nothing within this subsection shall be construed
to prevent the operation of any such apparatus by any person within
any building or structure, provided that the sound therefrom is not
projected outside of any building or out of doors.
D.
No animal or bird owner shall permit any animal to
cause noise which shall annoy or disturb the quiet, comfort, or repose
of a reasonable person of normal sensibilities. Noise disturbance
for more than 15 minutes at any time of the day or night, by repeated
barking, whining, screeching, howling, braying or other like sounds
which can be heard beyond the boundary of the owner's property, shall
be deemed prima facie evidence of unreasonable noise.
E.
The shouting, yelling, calling, or hooting at any
time or place so as to annoy or disturb the quiet, comfort and repose
of a reasonable person of normal sensibilities.
F.
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 7:00 a.m. the following day in such a manner as to cause unreasonable
noise across a residential real property boundary.
G.
No person shall cause or permit to be caused the excessive,
persistent or unnecessary sounding of any horn or other auditory signaling
device on or in any motor vehicle except to serve as a warning of
danger.
H.
No person shall operate or permit to be operated lawn
maintenance equipment between the hours of 10:00 p.m. to 7:00 a.m.
I.
No person shall operate or permit to be operated a
refuse compacting vehicle in the process of compacting or collecting
refuse contained in a dumpster or similar receptacle between the hours
of 10:00 p.m. and 7:00 a.m., except in cases of emergency or the interests
of public safety.
J.
No person shall operate or permit to be operated any
tools or equipment used in construction, drilling, excavations or
demolition work between the hours of 8:00 p.m. and 8:00 a.m. the following
day, except the provisions of this section shall not apply to emergency
work.
K.
No person shall cause or permit the operation of any
device, vehicle, construction equipment, snowblowing or lawn maintenance
equipment, including but not limited to any diesel engine, internal
combustion engine or turbine engine, without a properly functioning
muffler, in good working order and in constant operation regardless
of sound level produced.
L.
No person shall operate a motor vehicle in such a
manner or cause excessive squealing or other excessive noise of the
tires of such vehicle as to annoy, disturb, injure or endanger the
comfort, repose, health, peace or safety of a reasonable person of
normal sensibilities.
M.
No person shall operate or permit the operation of
any motor vehicle or any auxiliary equipment attached to such a vehicle,
for a period of longer than 30 minutes in any hour while the vehicle
is stationary, for reasons other than traffic congestion or emergency
work, within 150 feet of a residential property between the hours
of 10:00 p.m. and 7:00 a.m. on the following day.
N.
No person shall allow noise from a motor vehicle or
building alarm in excess of five minutes after it has been activated.
O.
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 sensibilities.
It shall be prima facie evidence that an activity has created unreasonable noise if it measures in excess of the standards set forth below for continuous sound levels. An activity that does not measure in excess of the standards may still be deemed to have created unreasonable noise if it violates any of the prohibitions set forth in § 151-6 of this chapter.
A.
No person shall make, cause, allow, or permit the operation of any source of sound on a particular category of property or any public space or right-of-way in such a manner as to create a sound level that exceeds the particular continuous sound level limits set forth in Table I when measured at or within the real property line of the receiving property, except as provided in Subsection B.
B.
When measuring noise within a dwelling unit of a multidwelling-unit
building, all exterior doors and windows shall be closed and the measurements
shall be taken in the center of the room.
|
Table I
| ||
|---|---|---|
|
Hours
|
Residential Area
|
Commercial Area
|
|
7:00 a.m. to 10:00 p.m.
|
65 dBA
|
70 dBA
|
|
10:00 p.m. to 7:00 a.m.
|
50 dBA
|
60 dBA
|
C.
Motor vehicles.
(1)
Motor vehicle sound level limits and equipment shall
be in compliance with provisions of any state law, including, but
not limited to, §§ 386 and 375 of the New York State
Vehicle and Traffic Law governing the emission of sound from public
highways.
(2)
No person shall operate or permit to be operated any
motor vehicle off of a public highway at any time, at any speed or
under any condition or grade, load, acceleration or deceleration or
in any manner whatsoever as to exceed 86 dBA. The limit shall apply
at a distance of 50 feet from such motor vehicle.
A.
It shall be prima facie evidence that an activity has created unreasonable noise if it measures in excess of the standards set forth below for impulsive sound levels. An activity that does not measure in excess of the standards may still be deemed to have created unreasonable noise if it violates any of the prohibitions set forth in § 151-6 of this chapter.
B.
No person shall make, cause, allow or permit the operation
of any impulsive source of sound within any and all property in the
Village which has a peak sound pressure level in excess of 80 dBA.
If an impulsive sound is the result of the normal operation of an
industrial or commercial facility and occurs more frequently than
four times in any hour, the levels set forth in Table I shall apply.
