[HISTORY: Adopted by the Board of Trustees of the Village of Hammondsport 10-2-1984 by L.L. No. 2-1984. Section 81-17 added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
It is the declared policy of this chapter to promote and assure an environment free from noise which threatens or affects the well-being of the people; to protect, promote and preserve the public health, safety and welfare by reducing and otherwise regulating noise levels; to promote the use and enjoyment of property; to protect the value of the property; to protect the enjoyment of sleep and repose; to promote commerce; and to protect and improve the quality of life.
The necessity for legislative intervention by the enactment of the provisions of this chapter is hereby declared as a matter of legislative determination, and this chapter should be liberally construed to effect its purposes.
Due to the complex nature of the contaminant, it is hereby determined that noise is best controlled by a combination of county and local action.
It is the intent and purpose of this chapter to regulate the emission of noise and vibration.
All terminology used in this chapter, not defined below, shall be in substantial conformance with applicable published standards of the American National Standards Institute (ANSI) or its successor bodies.
As used in this chapter, the following terms shall have the meanings indicated:
- Any act or combination of acts which actually results in the production of sound.
- The Chief of Police of the Village of Hammondsport or his designated representative.
- Any mechanism which prevents, controls, detects, measures or records the production of sound.
- A-WEIGHTED SOUND LEVEL
- The sound-pressure level in decibels as measured on a sound-level meter using the A-weighting network.
- Any activity necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, premises, parks, utility lines 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.
- CONSTRUCTION DEVICE
- Any device designed and intended for use in construction, including but not limited to any air compressor, pile driver, manual tool, bulldozer, pneumatic hammer, steam shovel, derrick, crane or steam or electric hoist.
- C-WEIGHTED SOUND LEVEL
- The sound-pressure level in decibels as measured on a sound-level meter using the C-weighting network. The level so read is designated dB(C) or dBc.
- DECIBEL (dB)
- A unit for measuring the volume of a sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals [20 micronewtons per square meter].
- Any mechanism which is intended to or which actually produces sound.
- DYNAMIC INSERTION LOSS
- The difference between two sound-pressure levels which are measured at the same point in space before and after a muffler is inserted.
- Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
- EXHAUST SOURCE
- A system which removes and transports air or gas from a device.
- INTERNAL-COMBUSTION ENGINE
- A device for the production of mecanical energy by means of the combustion under pressure of fossil fuel.
- LAND USE DESIGNATION FOR NOISE CONTROL
- The "land use designation," which shall consist of any of the following: noise-sensitive area, Residential District, Business and Commercial District, Light Industrial District, Medium Industrial District and Heavy Industrial District. All land within the municipality shall be so classified so that one of the preceeding six districts shall apply at any given property.
- MOTOR VEHICLE
- Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except electrically driven invalid chairs being operated or driven by an invalid, vehicles which run only upon rails or tracks and snowmobiles.
- A device consisting of a series of chambers of baffle plates or other mechanical design for the purpose of receiving exhaust gas from a sound source and effective in reducing sound levels.
- The Village of Hammondsport.
- Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans. It is also unwanted sound or sound without value.
- OCTAVE BAND
- All of the components in a sound spectrum whose frequencies are between two sine-wave components separated by an octave, with center frequencies as specified in Table II.
- Includes the owner of the freehold of the premises or lesser estate therein or mortgagee thereof, a lessee or agent of any of the above persons, a lessee of a device or his agent, a tenant, operator or any other person who has regular control of a device or an apparatus.
- An oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that cause compression and rarefaction of that medium. The description of "sound" may include any characteristic of such "sound," including duration, intensity and frequency.
- SOUND LEVEL
- A 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 the American National Standards Institute specifications for sound-level meters (ANSI SI.4-1971 or the latest approved revision thereof). The weighting employed must always be stated, such as 85dB(A). The reference pressure is 0.0002 micropascal.
- SOUND-LEVEL METER
- An instrument, including a microphone, amplifier, output display and frequency weighting network, for the measurement of sound levels. "Sound-level meters" shall conform to the requirements of the American National Standards Institute specifications for sound-level meters: SI.11 - 1966; SI.6 - 1967; SI.8 - 1969; and SI.4 - 1971 (or the latest approved revisions thereof).
- SOUND-PRESSURE LEVEL
- Twenty times the logarithm to the base 10 of the ratio of the pressure of the sound to the reference sound pressure. Unless otherwise specified, the effective (rms) pressure is to be utilized. The reference sound pressure is 20 x uN/m2 (micronewtons per square meter) or 0.0002 micropascal. The "sound-pressure level" is expressed in decibels (dB).
- SOUND SIGNAL
- Any sound produced by a sound-signal device designed to transmit information.
- SOUND-SIGNAL DEVICE
- A device designed to produce a sound signal when operated, including but not limited to any klaxon, air horn, whistle, bell, gong or siren, but not an emergency signal device or verbal information.
- SOUND SOURCE
- Any activity or device whatsoever that produces sound.
- UNNECESSARY NOISE
- Any excessive or unusually loud sound or any sound which, in the opinion of the administrator, either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a person or damages property or business. Standards to be considered in determining whether "unnecessary noise" exists in a given situation shall include but are not limited to the following:
- (1) The volume of the noise.
- (2) The intensity of the noise.
- (3) Whether the nature of the noise is usual or unusual.
- (4) Whether the origin of the noise is natural or unnatural.
- (5) The volume and intensity of the background noise, if any.
- (6) The proximity of the noise to residential sleeping facilities.
- (7) The nature and land use designation for noise control of the area within which the noise emanates.
- (8) The density of inhabitation of the area within which the noise emanates.
- (9) The time of the day or night the noise occurs.
- (10) The duration of the noise.
- (11) Whether the noise is recurrent, intermittent or constant.
- (12) Whether the noise is produced by a commercial or non-commercial activity.
The administrator shall approve the designation of noise-sensitive areas which contain noise-sensitive activities. Noise-sensitive activities may include but are not limited to operations of schools, libraries open to the public, churches, hospitals and nursing homes.
If the administrator has reasonable cause to believe that any device is in violation of this chapter, the administrator may order the owner of the device to conduct such tests as are necessary to determine whether the device or its operation is in violation of this chapter and to submit the test results to the administrator within 10 days after the tests are completed.
Such tests shall be conducted in a manner approved by the administrator. The administrator may require that the entire test results shall be reviewed and certified by a professional with recognized competence.
The owner shall notify the administrator of the time and place of the test at least seven calendar days before the commencement of such test. Reasonable facilities shall be made available for the administrator to witness the test.
If, in the opinion of the administrator, tests by the Health Department or another proper person are necessary, the administrator may order the owner to provide such access to the device as the administrator may reasonably request, to provide a power source suitable to the testing points and to provide allied facilities, exclusive of a sound-level meter. The provisions shall be made at the expense of the owner of the device. The owner shall be furnished with copies of the analytical results of the data collected.
Upon presentation of proper credentials, the administrator may enter and/or inspect any private property, place, report or records, at any reasonable time, when granted permission by the owner or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this chapter may exist. Such inspection may include administration of any necessary tests.
As used in this section, the following terms shall have the meanings indicated:
- Any written agreement, purchase order or instrument whereby the municipality is committed to expend or does expend funds authorized by the capital budget of the contracting agency in return for work, labor, services, supplies, equipment, materials or any combination of the foregoing; however, the term "contract" shall not include:
- (1) Contracts for financial or other assistance made with a government.
- (2) Contracts, resolutions, indentures, declarations of trust or other instruments authorizing or relating to the authorization, issuance, award and sale of bonds, certificates of indebtedness, notes or other fiscal obligations of the municipality or consisting thereof.
- (3) Employment by the municipality of officers and employees of the municipality.
Contract provisions. No contract shall be awarded or entered into by the municipality unless such contract contains provisions requiring that:
Devices and activities which will be operated, conducted, constructed or manufactured pursuant to the contract and which are subject to the provisions of this chapter will be operated, conducted, constructed or manufactured without causing a violation of this chapter.
Such devices and activities incorporate advances in the art of noise control developed for the kind and level of noise emitted or produced by such devices or activities.
No person shall cause or permit the operation of a device or the conducting of any activity in such a way as to violate any provision of a contract required by this section or any regulation promulgated pursuant to this section.
No regulation promulgated pursuant to this section shall alter the terms, conditions and specifications of a contract already executed at the time of such regulation.
The provisions of this chapter shall not apply to the operation or use of any organ, bell, chimes or other similar instrument by any church, synagogue, mosque or school, when used as part of the religious order of service or when operated between the hours of 9:00 a.m. and 9:00 p.m., and natural sound, including but not limited to wind blown across natural objects, insects, wild animals or wild birds.
No person shall make, continue or cause, or permit to be made or continued, any unnecessary noise which crosses a real property line. Noncommercial public speaking or public assembly activities shall be exempt from the operation of this section.
Sound-signal devices. No person shall operate or use, or cause to be operated or used, any sound-signal device so as to create an unnecessary noise, except that a person may only operate or use, or cause to be operated or used, any sound-signal device in possession of said person or attached to a motor vehicle, wagon or manually propelled cart from which food or any other items are sold, which emits a sound signal less frequently than once every three minutes in any village block and with a duration of less than 10 seconds for any single emission.
Animals and birds. Owning, possessing or keeping any animal or bird which frequently or for a continued duration howls, barks, meows, squawks or makes other sounds which create an unnecessary noise across a residential real property boundary or within a noise-sensitive area, as may be hereinafter designated, shall be in violation of this chapter. This provision shall not apply to public zoos.
Emergency signal devices. No person shall operate or use, or cause to be operated or used, any emergency signal device so as to create an unnecessary noise nor for a period of time longer than is strictly necessary to respond to such emergency. An "emergency signal device" means any gong, siren's whistle or siren or any air horn or any similar device, the use of which on authorized emergency vehicles is permitted by Subdivision 26 of § 375 of the Vehicle and Traffic Law of the State of New York. Any authorized emergency vehicle which is in the immediate act of responding to an emergency shall be exempt from this section. An "authorized emergency vehicle" means every ambulance, police vehicle, fire vehicle and civil defense emergency vehicle.
Construction activities. It shall be unlawful for any person to use any pile driver, shovel, hammer derrick, hoist tractor, roller or other mechanical apparatus operated by fuel or electric power in building or construction operations so as to create unnecessry noise between the hours of 10:00 p.m. and 7:00 a.m. within 600 feet of any building used for residential or hospital purposes, except for work on public improvements and work of public service utilities or by permit issued pursuant to § 81-13.
Explosives, firearms and similar devices. The use or firing of explosives, firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way, without first obtaining a permit issued pursuant to § 81-13, shall be prohibited. Such permit need not be obtained for licensed game-hunting activities on property where such activities are authorized.
Air compressors. No person shall operate, or cause to be operated, an air compressor unless a muffler certified by the manufacturer of such muffler to provide a dynamic insertion loss of 20dB(C) of the sound release from the exhaust source of such air compressor is installed on such exhaust source. As used in this chapter, "air compressor" means an internal-combustion device which draws in air or gas, compresses it and delivers it at a higher pressure.
Solid waste compacting vehicles. No person shall operate or permit to be operated a solid waste compacting vehicle which, when compacting, creates a sound level in excess of 70dB(A) when measured at 10 feet from any point of the compacting unit. No solid waste collection shall be permitted between the hours of 10:00 p.m. to 7:00 a.m. of the following day in any area which is designated as residential for noise control. As used in this chapter, a "solid waste compacting vehicle" means a motor vehicle designed to compact and transport solid waste.
Domestic power tools. No person shall operate or permit the operation of any mechanically or electrically powered saw, drill, sander, grinder, lawn or garden tool or similar device used outdoors in residential areas between the hours of 10:00 p.m. and 8:00 a.m. the following day so as to create an unnecessary noise across a residential real property boundary. Snow-removal activities shall be exempt from this section.
Recreational motorized vehicles operating off public rights-of-way.
Except a permitted in § 81-13, no person shall operate or cause to be operated any recreational motorized vehicle off a public right-of-way in such a manner that the sound level emitted therefrom exceeds the limits set forth in Table I at a distance of 50 feet or more from the path of the vehicle when operated on a public space or at or across the boundary of private property. This section shall apply to all recreational motorized vehicles, whether or not duly licensed and registered, including but not limited to commercial or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles, amphibious craft, campers and dune buggies, but not including motorboats.
Test procedures to determine whether maximum noise emitted by vehicles in use meets the noise limits stated in Subsection B(9)(a) above shall be in substantial conformity with applicable provisions of Standards and Recommended Practice established by the Society of Automotive Engineers, Inc. (SAE), or its successor bodies, including SAE Standard J986; SAE Standard J331; Recommended Practice J366 and Recommended Practice J184, all as last amended.
Noise levels and land use designations.
Noise-sensitive area. The following acts, and the causing thereof, are declared to be in violation of this chapter:
Creating or causing the creation of any sound within or entering any noise-sensitive area designated pursuant to § 81-4 so as to disrupt the activities normally conducted within the area, provided that conspicuous signs are displayed indicating the presence of the area.
Creating or causing the creation of any sound within or entering any noise-sensitive area containing a hospital, nursing home or similar activity so as to interfere with the functions of such activity or disturb or annoy the patients in the activity, provided that conspicuous signs are displayed indicating the presence of the area.
At no point on the property line of the receptor shall the sound emanating from the sound source exceed the level as shown on Table II. All sound-level measurements shall be made by a Type 1 or a Type 2 sound-level meter on slow response.
Nighttime levels. Between the hours of 10:00 p.m. and 7:00 a.m. of the following day, the maximum sound-pressure levels for residences (LUDNC) as stated in Subsection B(2) of this section shall be reduced by 5dB or 5dB(A).
The operational performance standards established by this chapter shall not apply to any public performance being conducted in accordance with the provisions of a permit granted by the administrator for the conduct of a public performance.
Test procedures to determine whether sound emitting from the sound source exceeds these levels as stated in Subsection B(2) of this section shall be in substantial conformity, where applicable, with the standards of the American National Standards Institute, or its successor bodies, including ANSI Standard SI.4-1971; ANSI Standard SI.12-1967; ANSI Standard SI.11-1966; SAE Recommended Practice J184; and the New York State Department of Environmental Conservation Policies and Procedures Manual, all as last amended.
The unamplified human voice.
Interstate railway locomotives and cars.
Nonstationary farming equipment.
Federal regulations which preempt local authority.
The provisions of this chapter shall not apply to:
The administrator shall have the authority, consistent with this section, to grant permits which may be requested pursuant to § 81-10B(4) pertaining to construction activities, § 81-10B(5) pertaining to explosives, firearms and similar devices, § 81-10B(9) pertaining to recreational motorized vehicles and § 81-11B(2) pertaining to noise levels.
Any person seeking a permit pursuant to this section shall file an application with the administrator. The application shall contain information which demonstrates that bringing the source of sound or activity for which the permit is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. Notice of an application for a permit may be published according to jurisdictional procedure. Any individual who claims to be adversely affected by allowance of the permit may file a statement with the administrator containing any information to support his claim. If the administrator finds that a sufficient public interest exists regarding an application, a public hearing may be held.
In determining whether to grant or deny the application, the administrator shall balance the hardship to the applicant, the community and other persons of not granting the permit against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected and any other adverse impacts of granting the permit. Applicants for permits and persons contesting permits may be required to submit any information that the administrator may reasonably require. In granting or denying an application, the administrator shall place on public file a copy of the decision and the reasons for denying or granting the permit.
Permits shall be granted by notice to the applicant containing all necessary conditions, including a time limit and duration on the permitted activity. The permit shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the permit shall terminate the permit and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which the permit was granted. Revocation of the permit may be made at any time by the administrator.
Except where a person is acting in good faith to comply with an abatement order issued pursuant to § 81-15, emission from any source of noise in excess of the limitations established in or pursuant to this chapter shall be deemed and is hereby declared to be a public nuisance and shall be cause for a notice of violation to be issued by the administrator.
In lieu of issuing a notice of violation as provided for in § 81-14, the administrator may issue an order requiring abatement of any sound source alleged to be in violation of this chapter within a reasonable time period and according to guidelines which the administrator may prescribe. The items to be considered in the issuance of the order and the compliance dates prescribed therein shall include, but not be limited to the following:
The owner of any commercial or industrial source of sound may apply to the administrator for a variance for time to comply with § 81-11. The administrator shall have the authority, consistent with this section, to grant a variance.
Any person seeking a variance shall file an application with the administrator. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community or on other persons. If the administrator finds that a sufficient controversy exists regarding an application, a public hearing may be held.
In determining whether to grant or deny the application, the administrator shall balance the hardship on the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected and any other adverse impacts of granting the variance. Applicants for variances and persons contesting variances may be required to submit any information that the administrator may reasonably require. In granting or denying an application, the administrator shall notify the applicant and shall keep on public file a copy of the decision and the reasons for denying or granting the variance. If granted, the variance may include time-of-day restrictions and/or a limit on the number of days permitted.
Variances shall be granted by notice to the applicant containing all necessary conditions, including a schedule for achieving compliance. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the variance shall terminate the variance and subject the person holding it to those provisions of this chapter for which the variance was granted.
Application for extension of time limits specified in variances or for modification of other substantial conditions shall be treated like applications for initial variances under Subsection B above, except that the administrator must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification.