This chapter shall be known and may be cited
as the "Town of Guilderland Noise Control Ordinance."
It is hereby declared to be the public policy
of the Town of Guilderland ("the Town") 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, plant 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.
A.
All terminology defined herein which relates to the
nature of sound and the mechanical detection and recording of sound
is in conformance with the terminology of the American National Standards
Institute (ANSI) or its successor body.
B.
AGRICULTURAL ZONE
AGRICULTURAL EQUIPMENT
AMBIENT NOISE
A-WEIGHTED SOUND LEVEL
COMMERCIAL AREA
COMMERCIAL PROPERTY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
CONSTRUCTION
dBA
DECIBEL
DEMOLITION
EMERGENCY
EMERGENCY WARNING DEVICE
EMERGENCY WORK
FREQUENCY
MOTOR VEHICLE
MUFFLER
MULTI-DWELLING-UNIT BUILDING
NOISE
NOISE DISTURBANCE
PERSON
PLAINLY AUDIBLE
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY LINE
RESIDENTIAL AREA
RESIDENTIAL PROPERTY
SOUND
SOUND LEVEL
SOUND LEVEL METER
SOUND PRESSURE LEVEL
SOUND REPRODUCTION DEVICE
SOUND SOURCE
UNREASONABLE NOISE
VIBRATION
As used in this chapter, the following terms shall
have the meanings indicated:
As defined in § 280-13 of the Town Code.
Necessary equipment used to conduct agriculture as that term is defined in § 280-5 of the Town Code.
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources.
The sound-pressure level in decibels as measured on a sound
level meter using the A-weighted network. The level so read is designated
"dBA."
A group of commercial properties and the abutting public
right-of-way and public spaces.
Any premises, property, or facility involving traffic in
goods or furnishings of services for sale or profit, including but
not limited to:
Dining and/or drinking establishments;
Banking and other financial institutions;
Establishments for providing retail services;
Establishments for providing wholesale services;
Establishments for recreation and entertainment;
Office buildings;
Transportation;
Warehouses;
Hotels and/or motels.
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public
or private highways, roads, premises, parks, utility lanes or other
property, including but not limited to related activities such as
land clearing, grading, earthmoving, excavating, blasting, filling
and landscaping, but not including agriculture.
The abbreviation designating the unit of sound level as measured
by a sound level meter using the A-weighting, also known as "dBA."
All references to "decibel" or "dB" shall be presumed to mean "dBA"
unless otherwise specified.
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.
Any occurrence or circumstances involving actual or imminent
physical or property damage which demands immediate action.
Any sound signal device that is to warn of an emergency.
Any work or action necessary to deliver essential services,
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."
Any vehicle that is propelled or drawn on land by an engine
or motor.
A device or system for abating the sound of escaping gasses
of art internal combustion engine.
Any building wherein 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.
Any sound which:
Any individual, association, partnership, corporation or
other entity and includes any officer, employee, department or agency
of the above.
Any sound that can be detected by a person using his or her
unaided hearing faculties. As an example, if the sound source under
investigation is a portable or personal vehicular sound amplification
or reproduction device, the enforcement officer need not determine
the title of a song, specific words, or the artist performing the
song. The detection of the rhythmic base component of the music is
sufficient to constitute a plainly audible sound.
Any street, avenue, boulevard, road, highway, sidewalk, alley,
or boardwalk, that is leased, owned or controlled by a governmental
entity, no matter how designated.
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
Either:
A group of residential properties and the abutting public
rights-of-way and public spaces.
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.
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 specifications
for sound level meters (ANSI). lithe frequency weighting employed
is not indicated, the A-weighting shall apply.
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.
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.
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 amplified musical instrument, radio, television,, tape recorder,
phonograph, loudspeaker, public-address system or any other sound-amplifying
device.
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.
