As used in this chapter, the following terms
shall have the meanings indicated:
ANSI
The American National Standards Institute or its successor
bodies.
COMMERCIAL OPERATION
Any business or commercial activity that involves the purchase
or utilization of goods or services, including but not limited to
commercial dining establishments, motor vehicle services, retail and
wholesale services, banks and office buildings, recreation and entertainment
facilities, community services and public services.
CONSTRUCTION
Building or demolition work, but shall not be limited to
any structure, road or recreational facility and shall include all
related activities, including but not limited to the clearing of land,
earth moving, blasting and landscaping.
CONSTRUCTION SITE
Any location, including land, water and air, where construction
takes place, including but not limited to construction equipment located
either on public or private land or water or other location in the
vicinity of where the construction actually takes place. Quarries,
concrete and asphalt plants constructed and operated for the exclusive
use of a contractor for a particular construction site shall be included
as part of the construction site.
DECIBEL
See "sound-pressure level."
EMERGENCY WARNING DEVICE
Any gong, siren, whistle, horn or similar device that is
designed to be used and/or is actually used to warn of the exposure
of any human being or property to imminent danger.
EMERGENCY WORK
The work or activity that is necessary for the prevention
of the exposure of any human being or property to imminent danger.
This may include but is not limited to work to repair electrical,
gas, water, sewage or other public services.
FREQUENCY
The "frequency" of a function periodic in time is the reciprocal
of the period. The unit is the hertz.
INDUSTRIAL OPERATION
The production, fabrication and storage of durable and nondurable
man-made goods, and including any activity that is not otherwise defined
in this chapter.
L10
The A-weighted sound level measured with slow response that
is exceeded 10% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
L90
The A-weighted sound level measured with slow response that
is exceeded 90% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
MODIFICATION
Any physical change in or any change in the method of operation
of a commercial, business or industrial site which increased the amount
of sound emitted by such site, or which results in the emission of
a type of sound not previously emitted. "Modification" includes but
is not limited to an increase in the use of raw materials, the hours
of operation or the rate of production.
MOTOR VEHICLE
A.
Every vehicle operated or driven upon a public
highway which is propelled by any power other than muscular power,
except:
(1)
Electrically-driven invalid chairs being operated
or driven by an invalid;
(2)
Vehicles which run only upon rails or tracks;
or
NOISE
Sounds in the outdoor atmosphere, including but not limited to those sounds generated by man, his mechanical devices, domestic animals or pets as specified in §
157-5.
NOISE CONTROL MEASURE
Any procedure, method, process, device or equipment which
reduces the generation, emission, transmission, radiation or reception
of noise, or which renders the noise less noxious.
PERIOD
The periodic quantity is the smallest increment of the independent
variable for which the function repeats itself.
SAE
The Society of Automotive Engineers, Inc., or its successor
bodies.
SOUND
An oscillation in pressure, stress, particle displacement,
particle velocity, etc., in a medium with internal forces (e.g., elastic,
viscous) or the superposition of such propagated oscillations.
A.
IMPULSIVE SOUND- A sound characterized by brief excursions of sound pressure which significantly exceed the ambient sound.
B.
CONTINUOUS SOUND- Applies if it is not impulsive. (Examples include, but are not limited to, factory operations or a motor vehicle moving past an observer.)
SOUND LEVEL METER
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighting networks for the measurement of sound
levels and sound-pressure levels.
SOUND LEVELS
Based upon criteria related most directly to objective measurements
of sound levels, namely hearing loss, speech interference and sleep
interference. The frequency-weighted sound-pressure level, obtained
by the use of metering characteristics and the weightings A, B or
C as specified in ANSI Specification for Sound Level Meter I.4-1971
or latest revision. The sound level meter shall conform to either
Type 1 or Type 2. The weighting employed must always be stated.
SOUND-PRESSURE LEVEL (IN DECIBELS)
Twenty times the logarithm to the base 10 of the ration of
the pressure of this sound to the reference pressure of 20 micronewtons
per square meter. In formula:
|
|
SPL
|
=
|
20 log10 (P/Po)
|
|
Where:
|
|
|
SPL
|
=
|
The sound pressure
|
|
|
P
|
=
|
The reference pressure
|
|
|
Po
|
=
|
The effective (root mean square) sound pressure
|
STATISTICAL ANALYSIS
The methods outlined in 4642.03 of the Policies and Procedures
Manual for Sound and Vibration Control of the New York State Department
of Environmental Conservation or as amended or any reliable method
meeting present day technical and professional standards.
Nothing in this chapter shall authorize the
construction or operation of a source of sound in violation of the
Labor Law or Industrial Codes or the Rockland County Sanitary Code.
Nothing in this chapter shall authorize the
sale or operation of a source of sound in violation of the Vehicle
and Traffic Law.
For each of the prohibitions listed in this
chapter, sources of sound external to the property line of the commercial,
business or industrial operation shall be excluded when determining
whether noise is present. Such exclusion may be effected by manipulation
of the level of sound to be excluded, analytical calculation, correlation
techniques, mapping of noise contours, use of directional microphones
and microphone arrays or any other suitable method. Measurement techniques
are provided which shall be used when determining the external sound
level. Such exclusion shall not apply when determining the L90 required.
The prohibitions of this chapter shall not apply
to the following sounds:
A. Sounds created by the means of propulsion of railroad
trains. This exception applies only when such railroad train is either
in motion or idling during loading, unloading, coupling, uncoupling,
refueling or other similar operations, provided that the total idling
time for such operations does not exceed 30 minutes.
B. Sounds created by emergency work, provided that the
noise resulting from such work ceases to be emitted within 24 hours
of the time that noise is first emitted by such work.
C. Sounds that originate on construction sites between
the hours of 7:00 a.m. and 10:00 p.m.
D. Sounds created by the tires and motor when propelling
a motor vehicle that is registered to operate on public highways.
This exception does not apply to auxiliary equipment on such vehicles
or while such vehicles are under repair or test.
It shall be unlawful for any person to make,
continue or cause to be made or continued any excessive, unnecessary,
unusually loud or unusually disturbing noise within the limits of
the village.
The following acts are declared to be excessive,
unusually loud, unusually disturbing and unnecessary noises in violation
of this chapter:
A. Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle or other vehicle
on any street or public place of the Village of Haverstraw, except
as a danger warning; the sounding of any such device for an unnecessary
and unreasonable period of time; and the use of any such signaling
device when traffic is for any reason held up.
B. Radios, television sets, tape recorders, bands, etc.
The playing, using, operating or permitting to be played, used or
operated of any radio receiving set, television set, musical instrument,
band, tape recorder, phonograph or other machine or device for the
producing or reproducing of sound in such manner as to disturb the
peace, quiet, tranquillity and comfort of the neighboring inhabitants,
or at any time with louder volume than is necessary for the convenient
hearing of the person or persons who are in the place, room, vehicle
or chamber in which such set, machine, instrument, band or device
is played or operated and who are voluntary listeners thereto. The
playing or operation of any such set, tape recorder, instrument, band,
phonograph, machine or device in such manner as to be plainly audible
at a distance of 50 feet from the place, building, structure or vehicle
in which it is located shall be prima facie evidence of a violation
of this section.
[Amended 7-13-1992 by L.L No. 2-1992]
C. Loudspeakers and amplifiers for advertising. The playing,
using, operating or permitting to be played, used or operated of any
radio receiving set, television set, musical instrument, band, tape
recorder, phonograph, loudspeaker, sound amplifier or other machine
or device for the purpose of producing or reproducing of sound which
is placed upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or structure.
D. Yelling and shouting. Yelling and shouting on the
public streets at any time or at any place so as to annoy or disturb
the quiet, comfort or repose of persons in any office or in any dwelling,
hotel or other type of residence or of any persons in the vicinity.
[Amended 7-13-1992 by L.L. No. 2-1992]
E. Animals. The keeping of any dog or other animal which
by causing frequent or long continued barking or other noise shall
disturb the comfort or repose of any persons in the vicinity.
F. Schools, courts, churches and hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same are in use, or adjacent
to any hospital, which unreasonably interferes with the workings of
such institution or which disturbs or unduly annoys patients in the
hospital, provided that conspicuous signs are displayed in such streets
indicating that the same is a school, hospital or court street.
G. Hawkers and peddlers. The shouting, yelling and crying
of peddlers, hawkers and vendors which disturbs the peace and quiet
of the neighborhood.
H. Construction and property maintenance. The construction,
reconstruction, remodeling, lawn cutting or landscaping of property,
or the repair, etc., of automobiles, if the same creates noise which
is plainly audible at a distance of 50 feet from the place, building,
structure or vehicle from which it originates between the hours of
10:00 p.m. and 7:00 a.m. shall be prima facie evidence of a violation
of this section. If the premises is a multiple dwelling or attached
row building with residences, said violation occurs if the offending
noise is audible between units or between buildings.
[Added 6-2-2008 by L.L. No. 6-2008]
I. The installation, maintaining or operating of nonstandard
original factory-type mufflers or other vehicle exhaust systems equipment
designed to create noise exceeding that produced by the factory-issue
equipment as set forth in § 375, Subdivision 31, of the Vehicle
and Traffic Law of the State of New York is hereby prohibited in the
Village of Haverstraw. Any vehicle within the Village with such equipment,
whether operated or not, shall be prima facie evidence of a violation
of this section.
[Added 6-2-2008 by L.L. No. 6-2008]
[Amended 8-11-1997 by L.L. No. 4-1997; 10-6-2014 by L.L. No. 11-2014; 2-1-2016 by L.L. No.
1-2016; 10-17-2022 by L.L. No. 3-2022]
Any person, association, organization, corporation,
company or business entity violating or failing to comply with the
provisions of this chapter, or with any order or direction lawfully
given hereunder, shall be liable to a minimum penalty $500 and up
to $2,500; and which charge, under this article, shall be a petty
offense or infraction, and not a crime. The continuation or repeat
of a violation of, or failure to comply with, any provision of this
article shall constitute, for each occurrence that transpires or each
day on which the violation continues, a separate and distinct charge
hereunder.
As an additional remedy, the creation of noise
which violates this law shall be deemed and is declared to be a public
nuisance and may be subject to abatement summarily by a restaining
order or injunction issued by a court of competent jurisdiction.