[HISTORY: Adopted by the Town Board of the
Town of Eden 7-27-2022 by L.L.
No. 6-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 146,
Noise, which consisted of the following: Art. I, Vehicular Noise,
adopted 9-12-1973 and amended 3-24-1999 by L.L. No. 1-1999; and Art. II, Noise Control, adopted 7-8-1981 by L.L. No. 1-1981 and amended 3-24-1999 by L.L. No. 1-1999.
No person shall make, aid, countenance, or assist in making
any improper noise or disturbance or operate a motor vehicle or motorcycle
in such a manner as to cause excessive squealing or other excessive
noise of the tires or motor of said vehicle or motorcycle on the streets
of the Town of Eden.
The phrase "excessive squealing or other excessive noise of
the tires or motor of said vehicle or motorcycle" is hereby defined
as any noise of the motor or squealing of the tires of a vehicle or
motorcycle caused by an unwarranted or unusual acceleration or deceleration
of the motor vehicle or in making a turn with said vehicle or motorcycle
in such a manner as to cause unnecessary squealing of the tires.
Any person or persons who shall violate any of the provisions
of this article shall be guilty of an offense and shall be punished,
upon conviction, by a fine of not more than $250 or imprisonment for
not more than 15 days, or both.
The Eden Town Board determines that the creation of unreasonable
noise within the Town limits of Eden is detrimental to the comfort,
convenience, safety, health, and welfare, and to the quality of life
of the citizens of the Town. Therefore, it intends hereby to prohibit
all unreasonable noise from all sources subject to its police power
in order to preserve, protect and promote the health, safety and welfare,
and the peace, quiet, comfort and repose of all persons within the
Town.
As used in this article, the following terms shall have the
meanings indicated:
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighting network by a trained operator. The level
so read is designated "dB(a)" or "dBA."
The sound-pressure level of the all-encompassing noise associated
with a given environment, being usually a composite of sounds from
many sources and/or the A-weighted sound-pressure level exceeded 90%
of the time based on a minimum period of 10 minutes.
The practical unit of measurement for sound-pressure level.
The imaginary line, including its vertical extension, which
separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit located within a multiple-dwelling-unit
building.
An instrument for the measurement of sound levels conforming
to American National Standards Institute Type I or II standards.
Any device, instrument, mechanism, equipment, or apparatus
for the amplification of any sounds from any radio, phonograph, tape
player, compact disc player; also, musical instruments, televisions,
loudspeaker or other sound-making or sound-producing device, or any
device or apparatus for the production, reproduction or amplification
of the human voice or other sound.
Any noise defined in § 146-8 of this article.
It shall be unlawful for any person to make, continue, cause
to be made or permit to be made any unreasonable noise within the
geographic boundaries of the Town of Eden.
A determination as to the existence of unreasonable noise may be established by the specific acts enumerated within § 146-8 of this article.
A.
The following acts and the causes thereof are declared to be in violation
of this article:
(1)
The sound or use of any sound-reproduction device, from inside or
outside of a structure or vehicle, whereby the sound is audible on
property at a level exceeding those in Table 1 at the nearest property
line.
(2)
The sound or use of any sound-reproduction device from a vehicle
which would constitute a threat to the safety of pedestrians or vehicle
operators or that the sound would deprive the public of the right
to the safe, comfortable, convenient, and peaceful enjoyment of a
public street, park, or public area.
(3)
Operation of minibikes, snowmobiles, motorcycles, dune buggies or
other motored devices on private property closer than 200 feet to
any residence unless with permission or invitation (except for ingress
and egress to or from the operator's residence) between the hours
of 9:00 p.m. and 8:00 a.m. unless equipped with an adequate muffler
designed and manufactured to suppress exhaust noises.
(4)
Operation of minibikes, snowmobiles, motorcycles, dune buggies or
other motored devices on any public grounds, including Town-owned
land, which shall include, but not be limited to, parks, streets,
easements, and sidewalks, unless specifically designated, set aside,
and reserved by resolution of the Eden Town Board.
(5)
The use or operation of any audible burglar alarm or motor vehicle
burglar alarm, unless the operation of such alarm shall be terminated
within 10 minutes after such alarm is first activated.
(6)
The conducting of any construction activities, including but not
limited to erection of buildings, earthmoving, and landscaping, which
project a noise which is audible on a neighboring property, unless
such activities may be conducted between 7:00 a.m. and 7:00 p.m. on
Monday through Saturday. Construction activities are prohibited on
Sundays and federal holidays.
(7)
The making of any noise for advertising purposes in any street or
public place, sidewalk, or entrance to a place of business by means
of any horn, megaphone, siren, bell, radio or any other sound-producing
or sound-amplifying mechanism, instrument, or device.
B.
Noise level table. For noise that is not defined as a violation in Subsection A(1) through (7) of § 146-8, it shall be unlawful for any person to operate or permit to be operated any noise source in such a manner as to create a sound-pressure level in dB(A)s which exceeds the limits set forth in Table 1 when measured at the property boundary.
|
146 Table 1
Maximum Permissible Sound Levels By Receiving Land Use Category
| |||
|---|---|---|---|
|
Hours
|
Maximum Receiving Permissible Sound Level (dBAs)
(Receiving Land Use Categories)
| ||
|
Residential
|
Mixed Use/Business
|
Industrial
| |
|
7:00 a.m. to 11:00 p.m.
|
60
|
65
|
75
|
|
11:00 p.m. to 7:00 a.m.
|
50
|
50
|
75
|
The following sounds shall not be considered to be in violation
of this article:
A.
The sound created by any agency or public warning device for the
purpose of alerting persons to the existence of an emergency.
B.
The sound created by public utilities in conducting emergency work.
C.
The sound created by bells or chimes associated with places of public
worship.
D.
The sounds created by sporting events of any public organization
or private school, or carnival, fair, exhibition or parade, provided
that such event shall take place between the hours of 7:00 a.m. to
11:00 p.m.
E.
Sounds created by farming operations, and incorporated shooting ranges.
F.
Routine yard maintenance activities performed by residential property
owners during daylight hours.
A.
When the enforcement officer or official seeks to apply the decibel
provisions set forth in the aforementioned Table 1 relative to any
violation of this article, such officer shall use a sound-level meter
conforming to ANSI (American National Standards Institute) standards.
Type II standards shall be used and shall be calibrated at least annually.
Qualified Town personnel approved by the Chief of Police shall operate,
witness, and read the sound-level meter(s) and related equipment.
B.
The Police Department of the Town of Eden shall enforce this article.
Any person who shall violate any of the provisions of this article
shall be guilty of a violation and shall be punishable by a fine of
not more than $500 or imprisonment for not more than 15 days, or both.
Each day that such violation occurs shall be considered a separate
offense punishable as such and must be resolved before the attempt
of a similar event in the future. The Town of Eden Police Department
shall enforce this article.
This chapter shall become effective immediately upon adoption
by the Eden Town Board.
