This chapter shall be known and may be cited
as the "Village of Tivoli Noise Control Law."
It is hereby declared to be the public policy
of the Village to reduce the ambient noise level in the Village, so
as to preserve, protect and promote the public health, safety and
welfare, and the peace and quiet of the inhabitants of the Village,
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 Village. It is the public
policy of the Village 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 Village
affects and is a menace to public health, comfort, convenience, safety,
welfare and the prosperity of the people of the Village. The provisions
and prohibitions hereinafter contained and enacted are for the above-mentioned
purpose. This chapter is enacted pursuant to Municipal Home Rule Law,
§§ (1)(ii)(a)(11) and (12) and 4(b). It is hereby declared
the intention of the Village to supersede the provisions of § 20-2006
of Village Law relative to the amount of fines that may be established
by the Village Board for violation of its ordinances or local laws.
This chapter shall be liberally constructed
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.
AMBIENT NOISE
A-WEIGHTED SOUND LEVEL
COMMERCIAL AREA
COMMERCIAL FACILITY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
CONSTRUCTION
CONTINUOUS SOUND
DBA
DECIBEL
DEMOLITION
EMERGENCY
EMERGENCY WARNING DEVICE
EMERGENCY WORK
EXTRANEOUS SOUND
FREQUENCY
IMPULSE SOUND
MOTOR VEHICLE
NOISE
NOISE DISTURBANCE
PEAK SOUND PRESSURE LEVEL
PERSON
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
TRANSIENT SOUND
UNREASONABLE NOISE
VIBRATION
As used in this chapter, the following terms shall
have the meanings indicated:
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 facilities 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.
Any sound that is not impulse sound.
The abbreviation designating the unit of sound level as measured
by a sound level meter using the A-weighting, also known as "DBA."
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-ways, dredging of waterways
or abating life-threatening conditions.
A sound which is neither part of the neighborhood residual
sound nor comes from the source under investigation.
The number of sound pressure oscillations per second, expressed
in hertz; abbreviated "Hz."
Sound characterized by either a single pressure peak or a
single burst (multiple pressure peaks) having a duration of less than
one second.
Shall include any automobile, motorcycle, truck, recreational
vehicle, all-terrain vehicle or snowmobile.
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 Village
of Tivoli.
Any sound which endangers or injures the safety or health
of humans or animals or annoys or disturbs a reasonable person of
normal sensitivities or endangers or injures personal or real property.
The maximum absolute value of the instantaneous sound pressure
level during a specified time interval.
Any individual, association, partnership, corporation or
other entity and includes any officer, employee, department or agency
of the above.
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 structure thereon that is owned, leased,
or controlled by a governmental entity.
Either the imaginary line including its vertical extension
that separates one parcel of real property from another or the vertical
and horizontal boundaries of a dwelling unit that is one in a multidwelling-unit
building.
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). If the 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, televisions, 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.
A sound whose level does not remain constant during measurement.
An oscillatory motion of solid bodies of deterministic or
random natures described by displacement, velocity or acceleration
with respect to a given reference point.
