[HISTORY: Adopted by the Town Board of the Town of Plattekill 11-15-1978
by L.L. No. 2-1978. Amendments noted where applicable.]
This chapter shall be known and shall be cited as the "Noise Control
Law of the Town of Plattekill, Ulster County, New York."
It is hereby declared to be the policy of the Town Board of the Town
of Plattekill 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 of Plattekill 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 with the Town of Plattekill, Ulster
County, New York, affects and is a menace to public health, safety, welfare
and the comfort of the people of the town.
Unless the context otherwise requires, the following definitions shall
be used in the interpretation and construction of this chapter:
See "sound pressure level."
An individual, corporation or partnership, association or any other
organized group of individuals or the legal successor or representative, agent
or servant of any of the foregoing.
[Amended 11-17-1999 by L.L.
No. 11-1999]
An oscillation in pressure, stress particle velocity, etc., in a
medium with internal forces (e.g., elastic, viscous) or the superposition
of such propagated oscillations. Sound is an auditory sensation evoked by
the oscillation described above.
IMPULSIVESound which exhibits distinct peaks in amplitude separated by a second or more in time and varying in amplitude at a rate of 10 dB per second or more.
CONTINUOUSSound which is not impulsive (for example, most factory operations or a motor vehicle moving past an observer).[1]
A frequency-weighted sound pressure level, obtained by the use of
metering characteristics and the A-weightings scale as specified in the American
National Standards Institute Specification for Sound Level Meters, S1.4-1971
or the latest revision.
[Amended 11-17-1999 by L.L. No. 11-1999]
An instrument as specified in the American National Standards Institute
Specification for Sound Level Meters, S1.4-1971 or the latest revision, including
a microphone, an amplifier, an output meter and frequency-weighting networks,
for the measurement of sound levels and sound pressure levels. The sound-level
meter shall conform to either Type 1 or Type 2. The weighting employed must
always be stated.
[Amended 11-17-1999 by L.L. No. 11-1999]
Twenty times the logarithm to the base 10 of the ratio of the pressure
of this sound to the reference pressure of 20 micronewtons per square meter.
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In formula: SPL = 20 log10 (p/p0)
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Where:
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SPL = The sound pressure level.
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p = The effective (root mean square) sound pressure.
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p0 = The reference pressure.
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Any fixed geographic location that consists of all contiguous land
and water areas under the ownership or control of a person. ("Person" shall
include but not be limited to any corporation or partnership which may own
or control such "sound source site.") The "sound source site" includes all
individual sources of sound that are located on such site, stationary, movable
and mobile.
That which is not required by the usual circumstances.
[1]
Editor's Note: The definition of "sound analyzer" which immediately
followed this definition was repealed 11-17-1999 by L.L. No. 11-1999.
[Amended 11-17-1999 by L.L. No. 11-1999]
A.
The purpose of this section is to ensure that the environmental
character of any area surrounding a sound source site shall not be altered
with respect to noise. The standards established herein shall be interpreted
in any specific case with this objective in mind.
B.
The measurement of noise or sound shall be made by a
Town of Plattekill Police Officer, the Town of Plattekill Code Enforcement
Officer or the Town of Plattekill Building Inspector with a sound-level meter
as per the Town of Plattekill measuring procedures.
C.
No person shall operate or cause to be operated on private
property any source of sound in such a manner as to create a sound level which
exceeds the limits set forth for the receiving land use category below when
measured at or within the property boundary of the receiving land use.
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Receiving Land Use
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Days/Times
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Sound Level Limit
(dBA)
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Residential, places
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Sunday through Thursday
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of worship, health
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8:00 a.m. to 7:00 p.m.
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65
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facilities, schools
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7:00 p.m. to 8:00 a.m.
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55
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Friday and Saturday
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8:00 a.m. to 10:00 p.m.
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65
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10:00 p.m. to 8:00 a.m.
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55
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Agricultural, industrial, business and commercial
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All days/all hours
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65
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The following noises or sounds shall not be deemed in violation of this
chapter:
A.
Sounds created by a government agency or by the use of
public warning devices.
B.
Sounds created by church bells or chimes.
C.
Sounds created by emergency work, provided that the noise
resulting from such work ceases to be emitted within 24 hours of the time
that noise is first emitted by such work.
D.
Sounds created by agriculture.
E.
Sounds created by safety protective devices.
F.
Sounds created by maintenance of public utility distribution
systems.
G.
Sounds created by blasting for which a permit has been
obtained.
H.
Motor vehicles licensed to operate on public highways,
provided that such vehicles do not exceed the standards for permissible sound
levels of motor vehicles as set forth in the New York State Vehicle and Traffic
Law.
I.
Sounds created by lawn mowers, manual and power tools
and other household-related appliances.
J.
Sounds that originate on construction sites.
[Amended 5-20-1987 by L.L. No. 4-1987]
Any person or persons, association, firm or corporation which shall
violate any of the provisions of this chapter shall be guilty of an offense
and shall be punishable by a fine not to exceed $250 or imprisonment for not
more than 15 days, or both.
[Amended 11-17-1999 by L.L. No. 11-1999]
This chapter shall be administered and enforced by the Police Department,
the Code Enforcement Officer or the Building Inspector with a sound-level
meter as per the Town of Plattekill measuring procedures.
