It is the policy of the Town of Saratoga to maintain the peace and quiet
of the Town. Unnecessary noise is determined by the Town Board to be detrimental
to the public health, safety and welfare and to the quality of life of the
citizens of the Town. Unnecessary noise degrades the environment and interferes
with the enjoyment of life, property and recreation and with the conduct and
operation of business and industry. The Town Board declares that the provisions
of this chapter are for purposes of preserving, protecting and promoting the
public health, safety and welfare and the peace and quiet of the Town of Saratoga.
As used in this chapter, unless expressly stated otherwise, the following
terms shall have the meanings indicated:
AIRBORNE SOUND
Sound that reaches the point of interest by propagation through the
air.
COMMERCIAL SERVICE EQUIPMENT
All engine- or motor-powered equipment intended for infrequent service
work in inhabited areas, typically commercial or skilled operators. Examples
of commercial service equipment include chain saws, log chippers, and paving
rolls.
CONSTRUCTION DEVICE
All powered devices or equipment designed and intended for use in
construction. Examples of construction devices are air compressors, bulldozers,
backhoes, trucks, shovels, derricks and cranes.
DB
The abbreviation for decibel.
dBA
The A-weighed sound level in decibels, as measured by general purpose
sound level meter complying with provisions of the American National Standard
Institute Specifications for Sound Level Meters (ANSI S1. 4 1971), properly
calibrated and operated on the A-weighting network.
DECIBEL
A unit for measuring the volume of a sound, equal to the logarithm
of the ratio of the sound pressure of the sound to the sound pressure of a
standard sound (0.0002 microbar); abbreviated "db."
EMERGENCY WORK
Work or activity that is necessary to prevent or recover from an
emergency, including but not limited to work to repair electric, gas, water,
sewage and telephone services.
FREQUENCY
Number of oscillations or cycles per second, expressed in hertz (abbreviation
"Hz").
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
All engine- or motor-powered garden or maintenance tools intended
for repetitive use in residential areas, typically capable of being used by
a homeowner. Examples of homeowner's light residential outdoor equipment
include lawn mowers, garden tools, riding tractors, snowblowers and snowplows.
HZ
The abbreviation for hertz, equivalent to cycles per second.
PERSON
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.
SOUND LEVEL METER
An instrument, including a microphone, an amplifier, an output meter
and frequency weighting networks for the measurement of sound levels. Sound
level meters shall conform to the requirements of ANSI Specifications for
Sound Level Meters S1.4-1971.
UNNECESSARY NOISE
Any excessively or unusually loud sound or any sound which annoys,
disturbs, injures or endangers the comfort, repose, health, peace or safety
of a person, or which causes injury to animal life or damages property or
business. Standards which can be considered in determining whether unnecessary
noise exists in a given situation include, but are not limited to the following:
A.
The intensity of the noise;
B.
Whether the nature of the noise is usual or unusual;
C.
Whether the origin of the noise is associated with nature or man-made
activity;
D.
The intensity of the background noise, if any;
E.
The proximity of the noise to sleeping facilities;
F.
The nature of the zoning district of the area within which the noise
emanates;
G.
The time of the day or night the noise occurs;
H.
The time duration of the noise;
I.
Whether the sound source is temporary;
J.
Whether the noise is continuous or impulsive;
K.
The presence of discrete tones;
L.
Whether alternate methods are available to achieve the objects of the
sound-producing activity.
This chapter shall apply to the use or occupancy of any lot or structure
except the following:
A. The intermittent or occasional use between 7:00 a.m.
through 8:00 p.m. of homeowner's light residential outdoor equipment
or commercial service equipment, provided that the equipment and its use otherwise
comply with this chapter, and the equipment is being operated for its intended
use.
B. Construction activities between 7:00 a.m. through 8:00
p.m. and the associated use of construction devices, provided that such activities
and the use of such equipment otherwise comply with this chapter.
C. Agricultural pursuits, including, but not limited to,
animal noises and crop protection devices.
D. The ringing of church bells or chimes used in conjunction
with religious or education purposes.
E. The operation of sirens, horns or other alarms when used
for the purpose of alerting persons to the existence of an emergency and the
passage of vehicles.
F. The emission of sound in performance of emergency work.
G. Temporary uses as may be granted by permit.
H. Official public celebrations, including any event held
on public property or sponsored by a government entity.
I. Noise of lawful aircraft flight operations.
J. The lawful operation of any properly equipped motor vehicles
on any public way, subject to the applicable sections of the Vehicle and Traffic
Law that refer to noise.
K. Audible interior burglar alarms in operation for 10 minutes
or less.
L. Hunting and target shooting with firearms.
Persons committing any act prohibited by this chapter shall be guilty
of a violation and, as such, shall be punishable by a sentence of up to 15
days in jail, or a fine of up to $250, or both.