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This chapter shall be known and may be cited as the "Town of Colonie Noise Control Local Law."
[Amended 7-16-2009 by L.L. No. 7-2009]It is hereby declared that the public policy of the Town is to reduce the ambient noise level in the Town, so as to preserve, protect and promote the public health, safety and welfare, and the peace and quiet of the inhabitants of the Town, prevent injury to human and animal life and property, foster the convenience and comfort of its inhabitants, and facilitate the enjoyment of the natural attractions of the Town. It is the public policy of the Town that every person is entitled to ambient noise levels that are not detrimental to life, health and enjoyment of his or her property. It is hereby declared that the making, creation or maintenance of excessive or unreasonable noises within the Town affects and is a menace to public health, comfort, convenience, safety, welfare and the prosperity of the people of the Town. The provisions and prohibitions hereinafter contained and enacted are for the above-mentioned purpose.
This chapter shall be liberally construed so as to effectuate the purposes described in this chapter. Nothing herein shall abridge the powers and responsibilities of any police department or law enforcement agency to enforce the provisions of this chapter. Nothing herein shall be construed to abridge the emergency powers of any health department or the right of such department to engage in any necessary or proper activities.
[Amended 7-16-2009 by L.L. No. 7-2009]As used in this chapter, the following terms shall have the meanings indicated:
- AMBIENT NOISE
- The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources.
- A-WEIGHTED SOUND LEVEL
- The sound pressure level in decibels as measured on a sound level meter using the A-weighting frequency response, which provides the meter with a sensitivity to noise levels that is similar to that of the average human ear.
- COMMERCIAL PROPERTY
- Any property that is primarily used for retail or wholesale trade or furnishing services for sale or profit, including but not limited to:
A. Dining and/or drinking establishments;
B. Banking or other financial institutions;
C. Establishments for providing retail goods or services;
D. Establishments for providing wholesale goods or services;
E. Establishments for recreation and entertainment;
F. Office buildings; and
G. Hotels and/or motels.
- Any activity necessary or incidental to the erection, demolition, assembly, alteration, installation or equipment of buildings, public or private highways, roads, premises, parks, utility lanes or other property, including but not limited to land clearing, grading, earthmoving, excavating, blasting, filling and landscaping, but not including agriculture or ice and snow removal.
- The abbreviation designating the unit of sound level as measured by a sound level meter using A-weighting.
- 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."
- Any dismantling, intentional destruction, or removal of buildings or structures.
- DWELLING UNIT
- A single unit within a building providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, and having only one kitchen.
- Any occurrence or circumstances involving actual or imminent physical or property damage which demands immediate action.
- EMERGENCY WORK
- Any work or action necessary to deliver essential service, including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, dredging of waterways or abating life-threatening conditions.
- The number of sound pressure oscillations per second, expressed in hertz; abbreviated "Hz."
- IMPULSE SOUND
- Sound characterized by either a single pressure peak or a single burst (multiple pressure peaks) having a duration of less than one second.
- INDUSTRIAL PROPERTY
- Property that is primarily used for manufacturing and processing operations, which may include exterior or interior storage of goods, materials, and/or finished products, and showrooms for the sale of finished products, or for storage and distribution of goods, wares, merchandise, substances or articles, excluding wholesale or retail sales.
- MULTI-DWELLING-UNIT BUILDING
- Any building in which there are two or more dwelling units.
- Any sounds of such level and duration as to be or tend to be injurious to human health or welfare or which would unreasonably interfere with the enjoyment of life or property throughout the Town.
- NOISE DISTURBANCE
- Any sound which:
A. Endangers or injures the safety or health of humans or animals; or
B. Annoys or disturbs a reasonable person of normal sensitivities; or
C. Endangers or injures personal or real property.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, road, highway, sidewalk, alley or boardwalk that is leased, owned or controlled by a governmental entity, no matter how designated.
- PUBLIC SERVICE FACILITY
- Any facility and its related premises, property, or equipment used to provide governmental services to the public, including, but not limited to:
A. Maintenance centers;
B. Offices and buildings of agencies or instrumentalities of government;
- PUBLIC SERVICE INDUSTRIAL FACILITY
- Any facility and its related premises, property, or equipment used to provide industrial governmental services to the public, including, but not limited to:
A. Waste collection and disposal centers;
B. Waste recycling centers;
C. Water and sewage facilities.
- PUBLIC SPACE
- Any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
- REAL PROPERTY LINE
A. A line of record, including its vertical extension, that bounds a parcel of real property and separates one parcel of real property from another or from a street or any other public space; or
B. The vertical and horizontal boundaries of a dwelling unit that is within a multi-dwelling unit building.
- REFUSE COLLECTION VEHICLE
- A motor vehicle designed or used to compact and remove, collect, or transport refuse, solid waste or recyclables.
- RESIDENTIAL PROPERTY
- Property used for human habitation.
- An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
- SOUND LEVEL
- The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C, as specified in American National Standards Institute (ANSI) specifications for sound level meters. If the frequency weighting employed is not indicated, the A-weighting shall apply.
- SOUND LEVEL METER
- Any instrument, including a microphone, amplifier, an output meter and frequency weighting networks for the measurement of noise and sound levels in a specific manner and which complies with standards established by the American National Standards Institute (ANSI) specifications for sound level meters.
- SOUND PRESSURE LEVEL
- The level of a sound measured in dB units with a sound level meter which has a uniform ("flat") response over the band of frequencies measured.
- SOUND SOURCE
- Any person, animal, device, operation, process, activity, or phenomenon which emits or causes sound.
- An oscillatory motion of solid bodies of deterministic or random natures described by displacement, velocity or acceleration with respect to a given reference point.