[HISTORY: Adopted by the Board of Trustees of the Village of Sylvan
Beach 8-13-1990 as L.L. No. 1-1990. Amendments
noted where applicable.]
The purpose of this chapter is to protect the health and well-being
of persons by imposing restrictions and regulations relating to the making
of unreasonable noise.
As used in this chapter, the following terms shall have the meanings
indicated:
Any powered device or equipment designed and intended for use in
construction. Examples of "construction devices" are air compressors, bulldozers,
backhoes, trucks, shovels, derricks and cranes.
The abbreviation for decibel.
The A-weighted sound level in decibels, as measured by a general
purpose sound-level meter complying with the 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.
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."
The number of oscillations per second, expressed in hertz (abbreviation
"Hz").
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"
are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc.
The abbreviation for hertz, and is equivalent to cycles per second.
An individual, association, firm, syndicate, company, trust, corporation,
department, bureau or agency or other entity recognized by law as the subject
of rights and duties.
The following noises are presumed to be unreasonable:
Noise which contains a sufficient acoustic vibration which causes temporary
or permanent hearing loss in a person so exposed to such noise.
Noise which interferes with another person's use of his property
or the conduct of his business and results from the operation of any radio,
receiving set, musical instrument, phonograph, television set or other machine
or device used for the producing or reproducing of sound in such a manner
as to disturb the peace, quiet and comfort of the neighboring inhabitants
and in such manner as to be plainly audible at a distance of 50 feet from
the area, building, structure or vehicle in which it is located.
Any noise which is plainly audible at a distance of 50 feet from the
area, building, structure or vehicle from which the noise originates.
All zoning districts within the corporate limits of Sylvan Beach.
A noise of a type or volume that a reasonable person under the circumstances
would not tolerate.
No person shall make, continue, cause or suffer to be made or continued
any unreasonable noise as defined herein. The following enumerative acts are
declared to be in violation of this section.
A.
Sound-reproduction device.
(1)
No person shall operate or cause to be operated a sound-reproductive
device that produces unreasonable noise.
(2)
No person shall operate, use or cause to be operated
any sound-reproductive device for commercial or business advertising or for
the purpose of attracting attention to any performance, show or the sale or
display of merchandise in connection with any commercial operation. This subsection
includes but is not limited to radios, televisions, phonographs, tape recorders,
phonograph records or tapes which are for sale in front of or outside of any
building near a public street, park or place where the sound produced may
be heard upon such public street, park or place. Nothing in this subsection
is intended to prohibit sound emanating from sporting events, entertainment
or other public events where such devices are used; all others by permit only.
A permit maybe granted at the discretion of the Village Board. Hours will
be restricted. The permit fee is to be established by the Village Board.
B.
Disorderly conduct.
(1)
No person shall conduct him or herself in a disorderly
manner.
(2)
A person is guilty of disorderly conduct when, with intent
to cause public inconvenience, annoyance or alarm or recklessly creating a
risk thereof, he:
(a)
Engages in fighting or in violent, tumultuous or threatening
behavior.
(b)
Makes unreasonable noise.
(c)
In a public place, uses abusive or obscene language or
makes an obscene gesture.
(d)
Without lawful authority, disturbs any lawful assembly
or meeting of persons.
(e)
Obstructs vehicular or pedestrian traffic.
(f)
Congregates with other persons in a public place and
refuses to comply with a lawful order of the police to disperse.
(g)
Creates a hazardous or physically offensive condition
by any act which serves no legitimate purpose.
C.
Animals. No person shall keep, permit or maintain any
animal under his control which frequently or for continued duration makes
sounds which create an unreasonable noise.
D.
Loading and unloading. No person shall engage in, cause
or permit the loading, unloading, opening, closing or other handling of boxes,
crates, containers, building materials or similar objects between the hours
of 7:00 p.m. and 7:00 a.m. the following day in such a manner as to cause
unreasonable noise.
E.
Squealing tires. No person shall intentionally operate
a vehicle in such a manner as to cause unreasonable noise by the spinning
of the tires of such vehicles.
F.
Motorboats. No person shall operate or permit to be operated
any engine-powered motorboat which has not been Coast Guard approved in any
lake, river or other waterway at any time, at any speed or under any condition
of load, acceleration or deceleration within 1,500 feet of the incorporated
limits of the Village of Sylvan Beach.
G.
Construction. No person shall operate or permit to be
operated any tool or equipment used in construction, drilling or demolition
work between the hours of 8:00 p.m. and 7:00 a.m. of the following day in
such manner that the resulting sound creates unreasonable noise. This provision
shall not apply to any emergency work.
H.
Noisy muffler. No person shall operate a motor vehicle
which does not contain in operating condition a muffler or other such sound-suppressing
equipment designed to prevent such vehicle from causing unnecessary noise.
A.
No person shall create or cause to be emitted any noise
which, when measured at any lot line in a residential district, exceeds the
following standards:
(1)
From 7:00 a.m. to 7:00 p.m.:
(a)
Airborne sound in excess of 65 dBA's; or
(b)
Airborne sound which has an octave band sound-pressure
level in decibels which exceeds the values listed below in one or more octave
bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound-Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
78
| |
|
63
|
73
| |
|
125
|
67
| |
|
250
|
60
| |
|
500
|
55
| |
|
1,000
|
51
| |
|
2,000
|
46
| |
|
4,000
|
43
| |
|
8,000
|
40
|
(2)
From 7:00 p.m. to 7:00 a.m.:
(a)
Airborne sound which has a sound level in excess of 50
dBA's; or
(b)
Airborne sound which has an octave band sound-pressure
level which exceeds the values listed below in one or more octave bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound-Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
75
| |
|
63
|
70
| |
|
125
|
64
| |
|
250
|
57
| |
|
500
|
52
| |
|
1,000
|
49
| |
|
2,000
|
43
| |
|
4,000
|
40
| |
|
8,000
|
37
|
B.
No person shall create or cause to be emitted any noise
which when measured at any lot line in a commercial or industrial district
exceeds the following standards:
(1)
From 7:00 a.m. to 7:00 p.m.:
(a)
Airborne noise in excess of 70 dBA's; or
(b)
Airborne sound which has an octave band sound-pressure
level in decibels which exceeds the values listed below in one or more octave
bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound-Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
85
| |
|
63
|
80
| |
|
125
|
74
| |
|
250
|
67
| |
|
500
|
62
| |
|
1,000
|
58
| |
|
2,000
|
53
| |
|
4,000
|
50
| |
|
8,000
|
47
|
(2)
From 7:00 p.m. to 7:00 a.m.:
(a)
Airborne sound which has a sound level in excess of 55
dBA's; or
(b)
Airborne sound which has an octave band sound-pressure
level in decibels which exceeds the values listed below in one or more octave
bands:
|
Octave Band Center Frequency
(Hz)
|
Octave Band Sound-Pressure Level
(dB)
| |
|---|---|---|
|
31.5
|
78
| |
|
63
|
73
| |
|
125
|
67
| |
|
250
|
60
| |
|
500
|
55
| |
|
1,000
|
51
| |
|
2,000
|
46
| |
|
4,000
|
43
| |
|
8,000
|
40
|
A.
The provisions of the above shall apply except for the
following:
(1)
The intermittent or occasional use between 8:00 a.m.
through 8:00 p.m. of homeowner's light residential outdoor equipment
or commercial service equipment, provided that such equipment and its use
complies with the other provisions of this chapter.
(2)
Construction activities between 8:00 a.m. through 8:00
p.m. and the associated use of construction devices or the noise produced
thereby, provided that such activities and such equipment and their uses comply
with the other provisions of this chapter.
(3)
Noise from church bells or chimes used in connection
with religious services.
(4)
Public celebrations.
(5)
Noise of aircraft flight operations.
(6)
The lawful operation of properly equipped motor vehicles
or motor craft.
The Planning Board may, by resolution, propose further amendments to
these regulations to the Village Board. Within 30 days from the time such
resolution is filed with the Village Clerk, it shall be the duty of the Board
to vote on such proposed amendment.
