[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.]
A.
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.
B.
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.
C.
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.
A.
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.
B.
ACTIVITY
ADMINISTRATOR
APPARATUS
A-WEIGHTED SOUND LEVEL
CONSTRUCTION
CONSTRUCTION DEVICE
C-WEIGHTED SOUND LEVEL
DECIBEL (dB)
DEVICE
DYNAMIC INSERTION LOSS
EMERGENCY
EXHAUST SOURCE
INTERNAL-COMBUSTION ENGINE
LAND USE DESIGNATION FOR NOISE CONTROL
MOTOR VEHICLE
MUFFLER
MUNICIPALITY
NOISE
OCTAVE BAND
OWNER
SOUND
SOUND LEVEL
SOUND-LEVEL METER
SOUND-PRESSURE LEVEL
SOUND SIGNAL
SOUND-SIGNAL DEVICE
SOUND SOURCE
UNNECESSARY NOISE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
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.
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.
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.
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.
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.
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.
A system which removes and transports air or gas from a device.
A device for the production of mecanical energy by means
of the combustion under pressure of fossil fuel.
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.
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.
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.[1]
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.
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.
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).
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).
Any sound produced by a sound-signal device designed to transmit
information.
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.
Any activity or device whatsoever that produces sound.
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:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or
unusual.
Whether the origin of the noise is natural or
unnatural.
The volume and intensity of the background noise,
if any.
The proximity of the noise to residential sleeping
facilities.
The nature and land use designation for noise
control of the area within which the noise emanates.
The density of inhabitation of the area within
which the noise emanates.
The time of the day or night the noise occurs.
The duration of the noise.
Whether the noise is recurrent, intermittent
or constant.
Whether the noise is produced by a commercial
or non-commercial activity.
[1]
Editor's Note: See Table II, Noise Levels,
at the end of this chapter.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
CONTRACT
(1)
(2)
(3)
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:
Contracts for financial or other assistance
made with a government.
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.
Employment by the municipality of officers and
employees of the municipality.
B.
Contract provisions. No contract shall be awarded
or entered into by the municipality unless such contract contains
provisions requiring that:
(1)
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.
(2)
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.
C.
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.
D.
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.
B.
Restrictions.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
(8)
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.
(9)
Recreational motorized vehicles operating off public
rights-of-way.
(a)
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.
|
Table I
| ||
|---|---|---|
|
Recreational Motorized Vehicle Sound Limits
| ||
|
[measured at 50 feet]
| ||
|
Date of Manufacture
|
Sound Level for Snowmobiles
[dB(A)]
|
Sound Level for Any Other Vehicle
[dB(A)]
|
|
Before 6-1-1975
|
82
|
86
|
|
6-1-1975 to 5-31-1978
|
78
|
82
|
|
After 5-31-1978
|
73
|
82
|
(b)
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.
B.
Noise levels and land use designations.
(1)
Noise-sensitive area. The following acts, and the
causing thereof, are declared to be in violation of this chapter:
(a)
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.
(b)
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.
(2)
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.[1] All sound-level measurements shall be made by a Type 1
or a Type 2 sound-level meter on slow response.
[1]
Editor's Note: See Table II, Noise Levels,
at the end of this chapter.
(3)
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).
(4)
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.
(5)
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 provisions of this chapter shall not apply
to:
A.
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.
B.
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.
C.
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.
D.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
