No person shall make, cause, allow, or permit
to be made any unreasonable noise within the geographical boundaries
of the Town or within those areas over which the Town has jurisdiction
except as otherwise provided herein. The standards to be considered
in determining whether an unreasonable noise exists include, but are
not limited to, the following:
B. The frequency of the noise;
C. Whether the noise is unusual and incongruous with
the surrounding environment;
D. The volume and frequency of the ambient noise, if
any;
E. The proximity of the noise source to any residential,
educational, medical, religious or judicial facility;
F. The use, nature and character of the zoning district
of the immediate area where the noise source exists;
G. The time of day or night the noise occurs; and
H. The duration of the noise.
In addition to the general prohibition set forth in §
205-5 hereof, any of the following acts and causes thereof which either annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities are declared to be in violation of this chapter and to constitute unreasonable noise:
A. Sound reproduction systems: operating, playing or
permitting the operation or playing of any radio, phonograph, tape
player, compact disc player, television, receiver or similar device
that reproduces or amplifies sound in such a manner as to create a
noise disturbance for any person other than the operator of the device.
B. Loudspeakers and public-address systems: using or
operating any loudspeaker, public-address system or similar device
between the hours of 8:00 p.m. and 9:00 a.m. of the following day
such that the sound therefrom creates a noise disturbance across a
residential real property line.
C. Animals and birds: owning, possessing or harboring
any animal or bird that frequently or for continued duration makes
or creates a noise disturbance across a residential real property
line. A noise disturbance is created by a dog barking continually
for 10 minutes or intermittently for 30 minutes.
D. Loading and unloading: loading, unloading, opening,
closing or other handling of boxes, crates, containers, bales, cans,
drums, refuse or similar objects or the pumped loading or unloading
of materials in liquid, gaseous, powder or pellet form between the
hours of 10:00 p.m and 7:00 a.m. the following day when the sound
therefrom creates a noise disturbance across a residential real property
line.
E. Motor vehicles:
(1) Operating or permitting the operation of any motor
vehicle or any auxiliary equipment attached to such a vehicle for
a period of longer than five minutes in any sixty-minute period while
the vehicle is stationary for reasons other than traffic congestion
or emergency work on a public right-of-way or public space within
150 feet of a residential area;
(2) Operating or permitting the operation of any motor
vehicle so out of repair or in such a condition as to create a noise
disturbance or that is otherwise not in compliance with the provisions
of any state or federal law, including but not limited to §§ 375
and 386 of the New York State Vehicle and Traffic Law;
(3) Spinning or squealing the tires of any motor vehicle;
or
(4) Allowing noise from a motor vehicle alarm to continue
in excess of 15 minutes' duration after it has been activated.
F. Construction, repair and demolition: operating or permitting the operation of any tool or equipment used in construction, repair, demolition or excavation between the hours of 6:00 p.m. and 7:00 a.m. the following day or at any time on weekends or legal holidays. Such operation does not constitute a violation if the tool or equipment is used in an emergency situation or if the tool or equipment is equipped with a functioning muffler or if the operator is issued a variance pursuant to Article
VI of this chapter.
G. Sound devices on public transportation: operating,
playing or permitting the operation or playing of any radio, phonograph,
tape player, compact disc player, television receiver or similar device
on or in any method of public transportation in such a manner that
the sound from such device is audible to any other person.
H. Miscellaneous sound producers: creating or emitting
a noise which constitutes a noise disturbance by any manner, including
but not limited to a horn, siren, whistle, yell, shout, bell, musical
instrument, tool, engine, etc.
The following shall be considered prima facie
evidence of noise disturbance:
A. A sound-level reading taken at a dwelling within a
multi-dwelling-unit building, arising from any location within a multi-dwelling-unit
building, above 50 dBA during the time period commencing at 7:00 a.m.
and ending at 10:00 p.m.
B. A sound-level reading taken at a dwelling within a
multi-dwelling-unit building, arising from any location within a multi-dwelling-unit
building, above 45 dBA during the time period commencing at 10:00
p.m. and ending at 7:00 a.m. the next day.
C. A sound-level reading taken at a residential property,
arising from another residential property, above 55 dBA during the
time period commencing at 7:00 a.m. and ending at 10:00 p.m.
D. A sound-level reading taken at a residential property,
arising from another residential property, above 50 dBA during the
time period commencing at 10:00 p.m. and ending at 7:00 a.m. the next
day.
E. A sound-level reading taken at a residential property,
arising from a commercial property, an industrial property, a public
space or a public right-of-way, above 75 dBA during the time period
commencing at 7:00 a.m. and ending at 10:00 p.m.
F. A sound-level reading taken at a residential property,
arising from a commercial property, an industrial property, a public
space or a public right-of-way, above 50 dBA during the time period
commencing at 10:00 p.m. and ending at 7:00 a.m. the next day.
G. A sound-level reading taken at a commercial property
at any time, arising from any property source, above 75 dBA.
H. A sound-level reading taken at an industrial property
at any time, rising from any property source, above 75 dBA.
I. A sound reproductive device level in or from a motor
vehicle acceding 50 dBA as measured from the nearest curb or edge
of the roadway or be plainly audible more than 25 feet in any direction
from the motor vehicle from which the sound emanates.
J. A sound plainly audible at a distance of 50 feet from
its source.