[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck Plaza 8-15-1967 as Ord. Nos. 58 and 59. Amendments noted
where applicable.]
This chapter shall be known and may be cited
as the "Unnecessary Noise Ordinance of the Village of Great Neck Plaza."
Definitions of words and phrases used in this
chapter shall be as follows:
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 10th root of 10, and the quantities concerned
are proportional to power.
The "duration" of a transient noise from a machine during
the entire period when the transient noise is first distinguished
from the ambient noise until the noise from the same machine finally
recedes into the ambient noise shall be the period of time beginning
when the transient noise first exceeds a certain band pressure level
until it no longer exceeds the same band pressure level, and provided
that it remains above the same band pressure level for at least 1/3
of the total duration.
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.
A unit of pressure commonly used in acoustics and is equal
to one dyne per square centimeter.
Any increase in the ambient noise, measured as provided in
this chapter, caused by any mechanical device including aircraft.
Includes any individual, firm, association or corporation,
whether such person be the owner, lessee or charterer, his or its
pilots or copilots as to aircraft and any individual, firm, association
and corporation, its servants, agents or employees as to any other
sound-producing device or mechanism.
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-weighting networks for the measure-meter and frequency
weight 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.
Any noise having a duration in excess of one minute shall
be considered a "steady noise," and the limits of Table II of this
chapter[1] shall apply.
Any noise having a duration of one minute or less shall be
considered a "transient noise," and the limits of Table I of this
chapter[2] shall apply.
It is hereby declared to be the policy of the
Board of Trustees of this village to prevent any unreasonable loud,
disturbing and unnecessary noise. Noise of such character, intensity
and duration as to be detrimental to the life or health of any individual
or contrary to the public welfare is prohibited.
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but any enumeration herein shall not be deemed to be exclusive:
A.Â
The sounding of any horn or signal device of any automobile,
motorcycle, bus, street car or other vehicle except as a warning signal
pursuant to the provisions of § 375 of the Vehicle and Traffic
Law of the State of New York.
B.Â
The operation of any radio, phonograph or use of any
musical instrument in such a manner or within such volume, particularly
between 11:00 p.m. and 7:00 a.m., so as to annoy or disturb the quiet,
comfort or repose of persons in any dwelling, hotel or other type
of residence.
C.Â
The keeping of any animal or bird which by causing
frequent or long continued noise shall disturb the comfort and repose
of any person in the vicinity.
D.Â
The use of any automobile, motorcycle, street car
or vehicle so out of repair, so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
E.Â
The blowing of any steam whistle attached to any stationary
boiler except to give notice of the time to begin or stop work or
as a warning of danger.
F.Â
The discharge into the open air of the exhaust of
any steam engine, stationary internal combustion engine or motor vehicle
engine except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
G.Â
The erection, including excavating, demolition, alteration
or repair, of any building other than between 7:00 a.m. and 6:00 p.m.
on weekdays, except in case of urgent necessity in the interest of
public safety and then only with a permit from the Building Inspector,
which permit may be renewed for a period of three days or less while
the emergency continues.
H.Â
The creation of any excessive noise on any street
adjacent to any school, institution of learning or court while the
same is in session or adjacent to any hospital which unreasonably
interferes with the workings of such institution, provided that conspicuous
signs are displayed in such streets indicating that the same is a
school, hospital or court street.
[Amended 6-18-1968]
I.Â
The creation of a loud and excessive noise in connection
with loading or unloading any vehicle or the opening and destruction
of bales, boxes, crates and containers.
J.Â
The shouting and crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood.
K.Â
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.Â
The use of mechanical loudspeakers or amplifiers on
trucks or other moving vehicles for advertising or other purposes.
M.Â
The use of any radio apparatus, talking machine, loudspeaker
or amplifier attached thereto in such a manner that the loudspeaker
shall cause the sound from such radio apparatus or talking machine
to be projected directly therefrom outside of any building or out
of doors; or the use of any radio apparatus, talking machine, loudspeaker
or amplifier which is in any way fastened to or connected with any
outside wall or window in any building or structure so that the sound
therefrom is projected outside of such outside wall or window between
the hours of 11:00 p.m. and 9:00 a.m. Nothing herein contained shall
be construed to prevent the operation of a radio apparatus or talking
machine used in a reasonable manner by any person within any building
or structure, provided that said radio apparatus or talking machine
or loudspeaker is not so arranged so that such loudspeaker shall project
the sound therefrom directly outside of any building or out of doors.
N.Â
The operation of any machinery, equipment, pump, fan,
exhaust fan, attic fan, air-conditioning apparatus or mechanical device
in such a manner as to create any noise exceeding 35 decibels at the
adjoining property line.
O.Â
The loading or unloading of any vehicle, cart, wagon,
dolly, can, bucket or other type of receptacle in connection with
the off-premises transportation, disposal or storage of waste, refuse,
garbage or other items or materials of similar nature, other than
between 7:00 a.m. and 8:00 p.m.
[Added 6-18-1968]
No person shall operate or cause to be operated
any mechanism or device (including but not limited to airplanes) which
shall create a noise within the Village of Great Neck Plaza exceeding
the limiting noise spectra set forth in Tables I and II as follows:
|
Table I
| |
|---|---|
|
Limiting Noise Spectrum
for Transient Noise
| |
|
Band Pressure Level
(decibels re: 0.0002
microbars)
|
Octave Band
Center Frequency
(cycles per second)
|
|
92
|
63
|
|
87
|
125
|
|
79
|
250
|
|
72
|
500
|
|
66
|
1,000
|
|
60
|
2,000
|
|
54
|
4,000
|
|
52
|
8,000
|
A.Â
During the daytime from 7:00 a.m. to 7:00 p.m., the
limits of Table I hereinbefore set forth shall apply to transient
noises having a duration in excess of 12 seconds.
B.Â
During the night 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.
|
Table II
| |
|---|---|
|
Limiting Noise Spectrum for Steady Noise
| |
|
Band Pressure Level
(decibels re: 0.0002
microbars)
|
Octave Band
Center Frequency
(cycles per second)
|
|
72
|
63
|
|
67
|
125
|
|
59
|
250
|
|
52
|
500
|
|
46
|
1,000
|
|
40
|
2,000
|
|
34
|
4,000
|
|
32
|
8,000
|
Noise measurements and limits shall conform
to the following practices:
A.Â
Noise shall be measured at an altitude not exceeding
100 feet above sea level.
B.Â
Measurements of noise emanating from any mechanism
or device not originating on private property, including but not limited
to motor vehicles, shall be made at a distance of at least 100 feet
from the longitudinal center line of the vehicle.
C.Â
Machinery noise originating on private property shall
be measured at the property line of the property on which the noise
source is located.
[Amended 6-18-1968[1]]
It shall be a violation of this chapter for any person, corporation or association to cause, permit, aid, abet, direct or suffer any of the acts listed under § 145-4, Unlawful noises, hereinabove or any other disturbing and unnecessary noise. The violation of any of the provisions of this chapter shall be punishable by a fine not exceeding $250 or by imprisonment for not more than 15 days, or by both fine and imprisonment.
