As used in this chapter, the following terms shall
have the meanings indicated:
ABATEMENT
An official warning to remove, stop and/or cease that which
causes an unreasonable noise.
COMMERCIAL AREA
A group of commercial properties and the abutting public
rights-of-way and public spaces.
COMMERCIAL PROPERTY
Any real property located within an area zoned by Chapter
155, Zoning, of the Code of the Village of Greenport and the Zoning
Map of the Village of Greenport as Retail Commercial District
or General Commercial District or Waterfront Commercial District.
(4)
Other commercial activities.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition, of buildings or structures.
CONSTRUCTION DEVICE
Any power device or equipment designed and intended for use
in construction, including but not limited to air compressors, bulldozers,
backhoes, trucks, shovels, derricks and cranes.
dBA
The A-weighted sound level in decibels, as measured by a
general purpose sound level meter complying with the provisions of
the American National Standards Institute Specifications for Sound
Level Meters (ANSI SI.4 1971), properly calibrated and operated on
the A-weighing network.
DECIBEL (dB)
The practical unit of measurement for sound pressure level.
The number of "decibels" of a measured sound is equal to twenty (20)
times the logarithm of the base 10 of the ratio of the sound pressure
of the measured sound to the sound pressure of a standard sound [twenty
(20) micropascals], abbreviated "dB".
DEMOLITION
Any dismantling, intentional destruction or removal of buildings
or structures.
EMERGENCY WORK
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone
and sewer facilities and public transportation, removing fallen trees
on public rights-of-way and abating life-threatening conditions.
GROSS VEHICLE WEIGHT RATING (GVWR)
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combinations weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combinations vehicle, should be used.
HOMEOWNERS' LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
All engine- or motor-powered equipment intended for repetitive
use in residential areas typically capable of being used by a homeowner.
Examples of "homeowners' light residential outdoor equipment" are
lawn mowers, garden tools, riding tractors, snowblowers, hedge clippers,
etc.
IMPULSIVE SOUND
A sound of short duration usually less than one (1) second
and of high intensity with an abrupt onset and rapid delay. Examples
of "impulsive sound" would be explosions, drop forge impacts, discharge
of firearms, etc.
MOTOR VEHICLE
Any vehicle which is propelled or drawn on land by an engine
or motor.
NOISE
Any airborne sound 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
Any employee of the Village of Greenport trained in the measurement
of sound and empowered to issue a summons for violations of this chapter.
NOISE POLLUTION
The presence of that amount of acoustic energy for the amount
of time necessary to:
(1)
Cause temporary or permanent hearing loss in
persons exposed.
(2)
Be otherwise injurious, or tend to be, on the
basis of current information, injurious to the public health or welfare.
(4)
Exceed standards or restrictions established
herein.
(5)
Interfere with the comfortable enjoyment of
life and property or the conduct of business. The following are deemed
to interfere with the comfortable enjoyment of life and property or
the conduct of business:
(a)
Yelling, shouting, hooting, whistling or singing
on the public streets or from private property at any time that annoys
or disturbs the quiet comfort or repose of person or persons in the
vicinity and that such noise is plainly audible at a distance of fifty
(50) feet from the area, building, structure or vehicle from which
such noise emanates;
(b)
The using or operating of, or permitting to
be played, used or operated, any sound reproductive device, including
but not limited to any radio, receiving set, musical instrument, phonograph,
television set or other machine or device for the producing or reproducing
of sound, in such manner as to disturb the peace, quiet and comfort
of the neighboring inhabitants and in such a manner as to be plainly
audible at a distance of fifty (50) feet from the area, building,
structure or vehicle in which it is located.
NOISE-SENSITIVE ZONE
Any area designated pursuant to this chapter for the purpose
of ensuring exceptional quiet.
OCTAVE BAND SOUND PRESSURE LEVEL
Sound pressure level measured in standard octave bands with
a sound level meter and octave band analyzer that meet ANSI SI.4 and
SI.11, or the latest revision thereof.
PERSON
An individual, association, firm, syndicate, company, trust,
corporation, department, bureau or agency, or any other entity recognized
by law as the subject of rights and duties.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or similar place that is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned or
controlled by a governmental entity.
REAL PROPERTY LINE
(1)
The imaginary line, including its vertical extension,
that separates one (1) parcel of real property from another.
(2)
The vertical and horizontal boundaries of a
dwelling unit that is one (1) in a multi-dwelling-unit building.
RESIDENTIAL AREA OR PROPERTY
Any real property located within an area zoned by Chapter
85 of the Code of the Village of Greenport and the Zoning Map of the
Village of Greenport as R-1 One-Family Residence District or R-2 One-
and Two-Family Residence District.
SOUND
Any variation in ambient barometric pressure.
SOUND LEVEL METER
An instrument, including a microphone, an amplifier and output
meter and frequency-weighing networks, for the measurement of sound
levels.
SOUND PRESSURE LEVEL
The weighted sound pressure level in decibels obtained by
the use of a sound level meter and frequency-weighing network, such
as A, B or C. If the frequency weighing employed is not indicated,
the A-weighing slow response shall apply.
SOUND REPRODUCTION DEVICE
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any musical instrument, radio, television, tape recorder, phonograph,
loudspeaker, public address system or any other sound-amplifying device.
SOUND SIGNAL DEVICE
Any device that is designed to be used or is actually used
to produce a sound signal, but not spoken language, including but
not limited to any horn, whistle, bell, gong, siren, rattle, clapper,
hammer, drum or air horn.
SOUND SOURCE
Any activity or device whatsoever that produces sound.
SOUND SOURCE SITE
Any one (1) parcel of land, or a tract of land consisting
of two (2) or more parcels, which includes all contiguous land and
water areas under the ownership or control of a person in or upon
which one (1) or more sound sources are located. The "sound source
site" includes all individual sound sources that are located on such
site, whether stationary, movable or mobile. A "sound source site"
is created by the installation of one (1) or more sound sources thereon.
UNREASONABLE NOISE
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of a reasonable person of normal sensitivities
or which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether "unreasonable noise"
exists in a given situation include but are not limited to the following:
(2)
The intensity of the noise.
(3)
Whether the nature of the noise is usual or
unusual.
(4)
Whether the origin of the noise is usual or
unusual.
(5)
The volume and intensity of the background noise,
if any.
(6)
The proximity of the noise to residential sleeping
facilities.
(7)
The nature and zoning district of the areas
within which the noise emanates.
(8)
The time of day or night the noise occurs.
(9)
The time duration of the noise.
(10)
Whether the sound source is temporary.
(11)
Whether the noise is continuous or impulsive.