[Amended 10-15-2012 by L.L. No. 6-2012]
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, boat, recreational vehicle, other
device or vehicle except as a warning of danger or distress.
B.
The operation of any audio device which produces sound,
or use of any musical instrument or drum(s) in such manner or with
such volume so as to disturb, as provided herein, due to structure-borne
sound transmission from an individual abutting dwelling space, particularly
between 11:00 p.m. and 7:00 a.m., and all available precautions are
taken to prevent airborne sound transmission from an individual abutting
dwelling space.
C.
The keeping of any animal or bird in such manner as to cause frequent or long continued noise which shall disturb, as provided herein, Chapter 101, Animals, of the Town Code, notwithstanding.
D.
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 Article III, § 230-5.
(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 Article II (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:
(a)
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.
