This chapter shall be known and may be cited
as the "Noise Control Law of the Town of Rosendale."
It is hereby declared to be the policy of the
Town Board to prevent unreasonably loud, disturbing and unnecessary
noise and to reduce noise level within the Town so as to preserve,
protect and promote the public health, safety and welfare and to foster
convenience, peace and quiet within the Town by the inhabitants and
transients thereof. The Town Board finds that every person is entitled
to have maintained noise levels which are not detrimental to life,
health and the enjoyment of property, and that excessive and unnecessary
noise within the Town of Rosendale affects and is a menace to public
health, safety, welfare and the comfort of the people of the Town.
For the purposes of this chapter, the terms
used herein are defined as follows:
A-WEIGHTED SOUND LEVEL
The sound level in decibels, reported as measured by a sound-level-measuring
instrument having an A-weighting network which discriminates against
the lower frequencies according to a relationship approximating the
auditory sensitivity of the human ear. The level so read is designated
dBA.
DECIBEL (dB)
The practical unit of measurement for sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated dB.
NOISE
Any sounds of such level and duration as to be or tend to
be injurious to human health or welfare or that would unreasonably
interfere with the enjoyment of life or property.
NOISE CONTROL OFFICER
A member of the Police Department trained in the measurement
of sound and empowered to issue a summons for violations of this chapter.
REAL PROPERTY LINE
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit
building.
REFUSE COLLECTION VEHICLE
Any vehicle which is designated to be used or is actually
used to collect, compact and/or transfer refuse, garbage, recyclables
or trash.
[Added 4-9-2008 by L.L. No. 1-2008]
SOUND DEVICE OR APPARATUS
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
SOUND LEVEL
The sound-pressure level measured in decibels with a sound-level
meter set for A-weighting; "sound level" is expressed in dBA.
UNNECESSARY
That which is not required by the usual circumstances.
No person shall cause, suffer, 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 sound level limits set forth
as follows: between 7:00 a.m. and 10:00 p.m.: 65 dBAs; and between
10:00 p.m. and 7:00 a.m.: 45 dBAs, when measured at the adjoining
property line.
The following sound shall not be deemed to be
a violation of this chapter:
A. Church bells: sounds created by church bells or chimes.
B. Warning devices: sounds created by any government
agency or by the use of public warning devices.
C. Lawnmowers: sounds created by lawnmowers, manual and
power tools and household appliances in use between the hours of 8:00
a.m. and 8:00 p.m., prevailing time, weekdays, and 9:00 a.m. and 8:00
p.m., prevailing time, Sundays.
D. Public utilities: sounds created by public utilities
in carrying out the operation of their franchises.
E. Sporting events and public entertainment: sounds connected
with sporting events of any public or private school or authorized
carnival, fair, exhibition, parade, etc., allowed by the permit of
the Town Board or any other designated authority of the Town Board.
Noise will be reduced between the hours of 11:00 p.m. and 7:00 a.m.
Any person who shall violate any of the provisions
of this chapter shall be guilty of a violation pursuant to the Penal
Law and shall be punishable by a fine of not more than $250 or imprisonment
for not more than 15 days, or both. This chapter shall be administered
and enforced by the Police Department.