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.