[HISTORY: Adopted by the Town Board of the
Town of Wheatfield 10-15-1990 by L.L. No. 3-1990. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All encompassing noise associated with a given environment.
The band pressure level of a sound for a specified frequency
band is the sound pressure level for the sound contained within the
restricted band. The reference pressure must be specified.
A unit of level when the base of a logarithm is 10 and is
restricted to levels of quantities proportional to power.
The complete sequence of values of a periodic quantity that
occur during a period.
One-tenth of a bel, and is a unit of level when the base
of the logarithm is the tenth root of 10 and the quantities concerned
are proportionally to power.
The noise level metering device is using the A-weighted network
to duplicate how the human ear hears the noise.
The duration of a transient noise is the period of time the
noise from a linear-moving device or vehicle is distinguished from
the ambient noise.
These terms may be used interchangeable and are known as
a unit which may be used for work or recreational purposes which creates
noise and disturbs, as provided herein, whether it is hand driven
or operated or is mechanically, electrically or electronically powered
or operated.
A unit which may be used for recreational purposes which
creates noise and disturbs, as provided herein, whether it is hand
driven or operated or is mechanically, electrically or electronically
powered or operated and is not specified, built or mufflered for street
or highway traffic (i.e., moto-dirt-bike, minibike, moto-cross-bike).
The frequency of a function periodic in time is the reciprocal
of the primitive period. The unit is the cycle per unit time and must
be specified.
Any linear moving device or vehicle shall be considered as
one that can be maneuvered or moves about (i.e., auto, boat, helicopter).
A unit of pressure commonly used in acoustics and is equal
to one dyne per square centimeter.
Any increase in the ambient noise heard and measured in §§ 118-3 and 118-4 or otherwise determined and confirmed. Noise is divided into the following categories:
TRANSIENT NOISEAny noise having a duration of six seconds up to one minute shall be considered a transient noise.
STEADY NOISEAny noise caused by any mechanical device (as provided in § 118-2N) that continues in excess of one minute shall be considered a steady noise (i.e., air conditioner, compressor, device or a vehicle with the motor running while parked or standing).
IMPACT NOISEAny noise caused by actions involving pounding, chipping, hammering or explosive-discharge noise.
Includes the singular and plural and shall also mean and
include any persons, firm, corporation, association, club, partnership,
society, union or any other form of association or organization.
A device for measuring the band pressure level or pressure
spectrum level of a sound as a function of frequency.
An instrument (including a microphone, an amplifier, an output
meter and frequency weighing networks) for the measurement of noise
and sound levels in the manner provided by this chapter.
The sound pressure level, in decibels, of a sound is 20 times
the logarithm to the base 10 of the ratio of the pressure of this
sound to the reference pressure, which reference pressure must be
explicitly stated.
A function of time, and is a description of its resolution
into components, each of different frequency, and is also used to
signify continuous range of components usually wide in extent within
which waves have some specified characteristics, such as audio-frequency
spectrum, and is also applied to functions of variables other than
time.
A device to monitor the wind velocity up to the equivalent
of 12 miles per hour.
The following acts, among others, are declared
to be prima facie evidence of a violation of this chapter and declared
to be unnecessary noises prohibited herein, and any lists or enumerations
herein shall not be deemed to be exclusive:
A.
The distinct and full sounding of any horn or signal
instrument on any automobile, bus, other device or vehicle except
as a warning of danger or distress or as a warning signal pursuant
to the provisions of § 375, Subdivision 1, of the Vehicle
and Traffic Law of the State of New York; or on any boat, except as
a warning of danger or distress or as a warning signal pursuant to
applicable navigation laws.[1]
B.
The operation of any radio, phonograph, tape recorder,
movies, television and other prerecorded and/or any mechanically amplified
sound or use of any musical instrument or drum(s) in such manner or
with such volume so as to disturb a reasonable person of normal auditory
sensitivities, as provided herein, due to structure-borne sound transmission
from an individual abutting dwelling space, between 11:00 p.m. and
7:00 a.m., and provided that all available precautions are taken to
prevent airborne sound transmission from an individual abutting dwelling
space.[2]
D.
The use, stationary or moving, of any automobile,
motorcycle, snowmobile or other transport device or vehicle so out
of repair, altered, modified or loaded in such manner as to create
loud and unnecessary explosive noises, grating, grinding, rattling
or other noise so as to disturb a reasonable person of normal auditory
sensitivities as provided herein.[4]
E.
The blowing of any steam whistle attached to any stationery
boiler, the sounding of a signaling device or tone(s), except to give
notice of the time of day or time to begin or stop work or as a warning
of danger, unless otherwise authorized by the Town Board.
F.
The discharge into the open air of the exhaust of
any steam engine, stationery internal-combustion engine or internal-combustion
engine of a linear moving device or vehicle (except field vehicle),
including engine and gear noises, except according to the engine manufacturer's
specified and approved operating efficiency and accompanying exhaust
system muffler(s) or equivalent device(s), which will effectively
prevent loud or explosive noises therefrom; the recurrent, intermittent
or constant charges or internal-combustion engine RPM noises, bursts
and the accompanying abnormal exhaust system and muffler noises, although
the engine manufacturer's specified and approved exhaust system and
muffler(s) are used.
G.
The operating of heavy equipment (i.e., tractor, bulldozer) for the purpose of erection, excavation, demolition and alteration or repairs involved in any building or construction project other than between 7:00 a.m. and 7:00 p.m., Monday through Saturday, except in case of urgent necessity in the interest of public safety, and then only with a special permit from the Building Department, which permit may be renewed for a period of three days or less while the emergency continues, and/or subject to the undue hardship provisions under § 118-5, as follows:
(1)
Manual labor and the customary use of hand tools,
in excess of 50 dB(A), for the purpose of erection, excavation, demolition
and major alteration and repairs involved in any building or construction
project other than between the period of sunrise to sunset, and then
only subject to a building permit.
(2)
The operation of equipment with noise emission that affects the outdoor atmosphere (i.e., generator, fan, pump), exceeding the dB(A) tables in § 118-3 (including impact noises as from a business or commercial establishment), except when operated at the equipment manufacturer's approved efficiency and sound level and operated with necessary noise suppression equipment, sound barriers, sound-absorbing screens and devices commensurate with the state of the art as may be determined and recommended by an officially accepted sound engineering consultant, as follows: noise emission increase of existing equipment that affects the outdoor atmosphere and/or new or additional units of equipment that may substantially increase the sound level, except when properly evaluated for overall noise control and special permission of the Town Board.
H.
The creation of any excessive noise on any street
adjacent to any church, school, institution of learning or court,
while the same is in session, or adjacent to any hospital, nursing
home or similar institution which shall unreasonably disturb, as provided
herein, the workings of such institutions, provided that conspicuous
signs are displayed in such streets indicating that the same is a
church, school, institution of learning, court, hospital, nursing
home or similar institution on the street.
I.
The creation of a loud and excessive noise which shall
disturb a reasonable person of normal auditory sensitivities, as provided
herein, in connection with loading or unloading any vehicle or the
opening and destruction of boxes, crates or containers.[5]
J.
The shouting and crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood, except as
may be required subject to a license to conduct such business, or
work at a sports event, parade, fair, convention, circus or other
similar public events.[6]
K.
The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention to any performance,
show or sale or display of merchandise by the creation of noise.
L.
The use of a mechanical loudspeaker(s) or amplifier(s)
on a linear-moving device or vehicle, including a truck, boat or flying
machine, for advertising or other purposes.
M.
The use of any radio apparatus, talking machine, amplifier or loudspeaker attached hereto in such manner that the sound therefrom is directed into the open out-of-doors or from an enclosed space which shall disturb a reasonable person of normal auditory sensitivities, as provided herein; or the use of any radio apparatus, talking machine, amplifier or loudspeaker which is in any way fastened to or connected with any outside wall or window of any building or structure so that the sound therefrom is projected outside of such outside wall or window which shall disturb a reasonable person of normal auditory sensitivities, as provided in § 118-3C, Table 2. Nothing herein contained shall be construed to prevent the operation of any radio, phonograph, tape recorder, movies, television and other prerecorded and/or mechanically amplified sound or use of any musical instrument used in a reasonable manner by any person within any building or structure, provided that said equipment or musical instrument is not so arranged that sound therefrom is projected directly outside of any building or out-of-doors.[7]
N.
The operation of any machinery, equipment, pump, fan, exhaust fan, exhaust air under pressure, attic fan, air-conditioning apparatus, swimming pool pump or similar mechanical device in such continuous manner as to create noise levels exceeding those under § 118-3C, Table 2 (see also exceptions under Subsection O below).
O.
Exceptions. The following exceptions shall apply:
(1)
In a case where the engine manufacturer's specified
and approved exhaust system or muffler is broken or out of repair
in connection with a device or vehicle which is a necessary means
of transportation or similar emergency and the operator is making
a conscientious and deliberate effort to keep the engine acceleration
to a minimum for operating the device or vehicle, until the necessary
and proper repair is made within four working days after the defect
occurs to conform to the engine manufacturer's specified and approved
exhaust system and muffler(s) or equivalent noise control.
(2)
An initial engine start with high RPM engine warm-up
noise, up to five minutes, that may be due to unusual engine malfunction
or due to lack of experience by the operator, as opposed to recurrent,
intermittent engine start or constant unnecessary charges or internal-combustion
engine RPM bursts and the accompanying exhaust system and muffler
noises after warm-up time, whether from a stationary or linear-moving
device or vehicle.
(3)
A school or church event, public or private social event for multiple participants and observers conducted under cooperative or reciprocating arrangements with a surrounding neighborhood, including necessary considerations for any apparent special needs for sound or noise level restraints and time limits and may be subject to undue hardship provisions under § 118-5. Special events or meets which are not held in a customary enclosure by their special nature are subject to the undue hardship provisions under § 118-5.
(4)
Occasional or irregular creative work noise and repair
work noise in excess of 50 dB(A) that may occur in or around a home,
involving a combination of noises (transient, steady, impact) in the
maintenance and improvement of the premises and equipment therefor
by others or by the occupants thereof (i.e., lawn mower, garden tractor,
vacuum cleaner, hedge trimmer, chipping, hammering nails) between
the period of sunrise to sunset, personal judgment notwithstanding,
when and where it is apparent that there are special customary needs
for quiet.
(5)
Any noise generated by agricultural activities, including
but not limited to animal noise and noise generated by farm equipment.
P.
Infringement upon the right of privacy.
(1)
To intentionally engage in or be responsible for a course of loud or obstreperous conduct, even though not to a level in violation of §§ 118-3 and 118-4, which materially interferes with or disrupts another in the conduct of lawful activities at his home; provided, however, that where the loud or obstreperous conduct consists solely of natural speech or communication by or between people, such shall not be prohibited under this subsection unless it is used as a guise to materially interfere with or disrupt another in the conduct of lawful activities at his or her home and that is the result.
(2)
The following standards and definitions shall be used
in the application of this subsection:
(a)
The person(s) engaging in such conduct must
be at a location other than the complainant's home and not attending
a bona fide outdoor public event such as a sports event.
(b)
The term "home" shall include the physical residence
as well as the outside premises.
(c)
The term "another" shall include all members
of the household as well as others rightfully on the premises.
(d)
The person(s) is not to be convicted of a violation
unless it has been communicated to him or her or to someone on the
same property upon which he or she is located that conduct in violation
of this subsection is occurring or has recently occurred, and after
such communication the same is repeated or continued; provided, however,
that in the event that there has been both a similar situation within
the previous 48 hours and a communication about it, then no such communication
need be made; and further, there need be no such communication where
there have been four or more such situations and communications within
any six-month period.
(e)
If such conduct originates upon private property
and the owner or some other person with authority to control that
property is present at the time that such conduct occurs, that person
shall also be held responsible for the conduct under this subsection.
(f)
This subsection shall be in full force and effect
24 hours every day.
A.
No person shall operate or cause to be operated any
mechanism, device or vehicle (aircraft, Federal Aviation Agency noise
regulations notwithstanding) which shall create a noise within the
Town of Wheatfield exceeding the db(A) noise limitation as set forth
herein, as measured on a sound-level meter using the A-weighted scale
with slow response.
B.
Limiting levels for transient noise.
(1)
Table 1 shall be as follows.
|
Table 1
| ||
|---|---|---|
|
Limiting Levels for Transient Noise
| ||
|
Daytime (7:00 a.m. to 7:00 p.m.)
|
Nighttime (7:00 p.m. to 7:00 a.m.)
| |
|
85 dB(A)
|
85 dB(A)
| |
(2)
In the Town of Wheatfield from 7:00 a.m. to 7:00 p.m.,
the limits herein set forth shall apply to transient noises having
a duration in excess of 12 seconds, pursuant to noise regulations
of the New York State Department of Transportation and Environmental
Protection Agency notwithstanding.
(3)
In the Town of Wheatfield from 7:00 p.m. to 7:00 a.m.,
the same limits shall apply to transient noises having a duration
in excess of six seconds.
C.
Limiting levels for steady noise. Table 2 shall be
as follows:
|
Table 2
| ||
|---|---|---|
|
Limiting Levels for Steady Noise
| ||
|
Daytime (9:00 a.m. to 11:00 p.m.)
|
Nighttime (11:00 p.m. to 9:00 a.m.)
| |
|
65 dB(A)
|
50 dB(A)
| |
Noise measurements and limits shall conform
to the following practices:
A.
Noise shall be measured at an altitude between 500
and 700 feet above sea level with wind velocity less than 12 miles
per hour and microphone wind screen in place using a sound-level meter
conforming to American National Standards Institute Type II Standards
and set at slow meter reading response.
B.
Measurement of transient noise emanating from any
linear moving device or vehicle, including but not limited to motor
vehicles, shall be made at or adjusted to a distance of 50 feet from
the longitude center line of the device or vehicle, with the microphone
three to five feet above the ground.
C.
Steady noise, including manual creative work noise
and repair work noise, shall be measured at three feet from the major
surface (i.e., floor, wall) of residences, buildings or structures
used primarily for sleeping purposes by people, with the microphone
three to five feet above the ground.
A.
Applications for a permit for relief from the noise
level designated in this chapter on the basis of undue hardship may
be made to the Town Supervisor or the duly authorized representative.
Any permit granted therefor shall contain all conditions upon which
said permit has been granted and shall specify a reasonable time that
the permit shall be effective. The Town Supervisor or the duly authorized
representative may grant the relief as applied when it is found as
follows:
B.
The Town Supervisor may prescribe any conditions or
requirements that seem necessary to minimize adverse effects upon
the community or the surrounding neighborhood.
A.
The requirements, prohibitions and terms of this chapter
shall not apply to any authorized emergency vehicle when responding
to an emergency call or acting in time of emergency.
B.
The terms of this chapter shall not apply to those
activities of a temporary duration permitted by law and for which
a license or permit therefor has been granted by the Town, including
but not limited to parades and fireworks displays.
C.
The terms of this chapter shall not apply to the operation
of any vehicles or equipment when responding to an emergency or a
declared general state of emergency (i.e., civil defense, storm).
A.
Noise from a field vehicle, as defined in § 118-1, operated at a given premises shall be classified as steady noise, and when such vehicle(s) is capable of disturbing, as provided herein, shall not be operated at a distance separation less than 1,000 feet from a location or point normally occupied by people or from a known or approved sanctuary for birds and animals.
B.
Such field vehicle(s) may be operated on a premises at a lesser distance separation, provided that the owner or the owner's superior (parent or guardian) can first of all prove to the designated enforcement official(s) by a suitable method, for the public record, that a given field vehicle is properly and permanently altered so that the vehicle (or group of vehicles so altered) can be certified for permission to be operated at the limiting levels for transient noise under § 118-3B, Table 1, and adjusted for distance separation. However, these limitations shall not be construed to prevent the owner or operator of a field vehicle from traveling to or from home or points normally occupied by people, as provided above (New York State Vehicle and Traffic Laws notwithstanding), but at a safe, low RPM and dB(A) noise level, to the specified premises and distance separation for operating such field vehicle(s) at the desired RPM and noise level. A warning is given: Such high RPM and noise level may injure the hearing and mental health of the operator and consenting persons. The distance separation specified herein may be reduced, upon approval of the Town Board, for given locations, depending upon sound barriers and guaranties for the physical and mental safety of the nearby residents.
A.
A sound-level meter conforming to ANSI (American National
Standards Institute) Type II Standards shall be used and shall be
calibrated officially on the day of sound-level meter measurement
involving a violation for arrest, and such device shall immediately
be checked against the calibrator in the presence of an official witness.
The calibrator shall be calibrated at least annually. The wind velocity
gauge shall conform to accepted standards and shall be checked periodically
for accuracy.
B.
Apprehension and arrest shall be made by a law enforcement officer in conjunction with the administration of this chapter by a person designated by the Town board who is certified as qualified to take sound measurements as provided in this chapter as follows: a minor violating this chapter while operating a field vehicle shall be apprehended or otherwise be required to give his or her identify and address and shall be warned, and such warning shall be delivered to the parent(s) or guardian(s) of such minor on the form prescribed. If and when an additional violation is discovered, the parent(s) or guardian(s) of such minor shall be notified and may be subject to the penalties under § 118-9. In the event of a third violation within a six-month period, a summary arrest shall be made, after which the violator may be released and the device or vehicle involved shall be impounded at a place prescribed by the Town Board for a period not to exceed six months, without regard that the device or vehicle impounded may not be the exact same model of the device or vehicle which was involved in the first and second violation.[1]
A.
The provisions of this chapter shall be liberally
construed to prevent excessive, unreasonable, disturbing and unnecessary
noise, due consideration being given to the circumstances, time of
day, particular location of each violation and the demands of the
public health, safety and welfare.
B.
Except as otherwise provided in this chapter, every person, as defined in § 118-1, violating any of the provisions of this chapter shall be deemed to have committed a violation against this chapter, and, upon conviction therefor, such person shall be punishable by a fine not to exceed $250 or imprisonment not to exceed 15 days, or both such fine and imprisonment for each and every violation. The continuation of a violation against the provisions of this chapter shall constitute, for each day the violation is continued, a separate and distinct violation hereunder.[1]
C.
Except as otherwise provided by law, such a violation
shall not be a crime and the penalty or punishment imposed heretofore
shall not be deemed for any purpose a penal or criminal penalty or
punishment and shall not impose any disability upon or affect or impair
the credibility as a witness, or otherwise, of any person convicted
thereof.
