It is hereby declared to be the public policy
of the City of Glen Cove that the reduction in ambient noise levels
within the city limits is a benefit to the public at large which preserves
the health, safety and welfare of the citizenry and facilitates the
enjoyment of the assets, attractions and qualities of Glen Cove. Through
the establishment of maximum permitted numerical decibel levels and
through the deployment of sound level metering technology, which is
both nonsubjective and content neutral, this public policy may be
enforced with fairness while respecting the constitutional rights
of the people and property owners. The provisions contained hereinafter
are enacted for these purposes.
A.
All terms defined herein which relate to the nature
of sound or the mechanical detection or recording of sound are in
conformity with the terms used by the American National Standards
Institute (ANSI).
B.
A-WEIGHTED SOUND LEVEL
COMMERCIAL OCCUPANCY
(1)
(2)
(3)
CONTINUOUS SOUND
dBA
DECIBEL
FREQUENCY
INDUSTRIAL OCCUPANCY
(1)
(2)
(3)
IMPULSE SOUND
PERSON
PUBLIC PLACE
RECEIVING PROPERTY
RESIDENTIAL OCCUPANCY
(1)
(2)
(3)
SOUND
SOUND LEVEL
SOUND-LEVEL METER
SOURCE OF SOUND
The following words and terms, as used in this article,
shall have the following meanings:
The sound pressure level, in decibels, as measured on a sound-level
meter using the A-weighted network. The level so read is designated
"dBA" is this article.
Any business use of property located in any
business district as described in the Zoning Chapter and as shown
on the Zoning Map of the City of Glen Cove; or
Any business described in any certificate of
occupancy applicable to any property to which it purports to apply;
or
Any use of property involving trafficking in
goods, services, supplies and materials for sale or profit.
Any sound that is not "impulse sound" as defined herein;
any sound having a duration of one second or longer.
The abbreviation designating the unit of sound level as measured
using the A-weighting system.
The practical unit of measurement of sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound.
The number of sound pressure oscillations per sound, expressed
in hertz.
Any industrial use of property located in any
industrial district as described in the Zoning Chapter of the City
Code and as shown on the Zoning Map of the City of Glen Cove; or
Any industrial use described in any certificate
of occupancy applicable to any property to which it purports to apply;
or
Any use of property involving manufacturing,
assembly or warehousing of goods and products.
Sound characterized by either a single pressure peak or a
single burst (multiple pressure peaks) having a duration of less than
one second.
A natural person, firm, corporation or private entity, including
a managing agent for any business or property located within the City
of Glen Cove.
Any public park, public recreation area, common area accessory
to residential occupancy, any school licensed or chartered by the
New York Board of Regents.
Any property, whether or not located in the City of Glen
Cove, upon which sound may be detected through the use of a sound-level
meter which emanates from any specific source of sound beyond the
property line.
Any residential use of property located in any
residential district as described in the Zoning Chapter of the City
Code and as shown on the Zoning Map of the City of Glen Cove; or
Any residential use described in any certificate
of occupancy applicable to any property to which it purports to apply;
or
any use of property involving habitation of
people, whether or not located in the City of Glen Cove.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
The 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 (ANSI)
specifications for sound-level meters. If the frequency weighting
employed is not indicated, the A-weighting shall apply.
Any instrument used for the measurement of noise, or for
the measurement of sound levels, in a specified manner which complies
with the standards established by the American National Standards
Institute (ANSI) for sound-level meters.
Any person, animal, device, operation, process, activity
or phenomenon which emits or causes sound.
No person shall make, cause, allow or permit
any source of sound to emanate from any property, nor shall any person
conduct any activity from a public place, which impacts any other
property or other public place in such manner as to create a sound
level exceeding the maximum permissible continuous sound levels as
set forth in Table 196-12 when measured in dBA within the real property
line of any receiving property or public area so impacted.
|
Table 196-12
Maximum Permissible Continuous Sound Levels
at Specified Times Measured in dBA
| ||
|---|---|---|
|
Source of Sound
|
Receiving Property
|
Sound Level Limits
|
|
Residential occupancy or public place
|
Residential occupancy or public place
|
50 dBA when measured between the hours of 10:00
p.m. and 7:00 a.m.
|
|
65 dBA when measured between the hours of 7:00
a.m. and 10:00 p.m.
| ||
|
Commercial occupancy
|
Residential occupancy or public place
|
50 dBA when measured between the hours of 10:00
p.m. and 7:00 a.m.
|
|
65 dBA when measured between the hours of 7:00
a.m. and 10:00 p.m.
| ||
|
Industrial occupancy
|
Residential occupancy or public place
|
50 dBA when measured between the hours of 10:00
p.m. and 7:00 a.m.
|
|
65 dBA when measured between the hours of 7:00
a.m. and 10:00 p.m.
| ||
|
Commercial occupancy
|
Commercial occupancy or industrial occupancy
|
70 dBA when measured between the hours of 10:00
p.m. and 7:00 a.m.
|
|
70 dBA when measured between the hours of 7:00
a.m. and 10:00 p.m.
| ||
|
Industrial occupancy
|
Industrial occupancy or commercial occupancy
|
75 dBA when measured between the hours of 10:00
p.m. and 7:00 a.m.
|
|
75 dBA when measured between the hours of 7:00
a.m. and 10:00 p.m.
| ||
No person shall make, cause, allow or permit
any impulse source of sound to emanate from any property, nor shall
any person conduct any activity from any public place, which impacts
any other property or other public place in such manner as to create
a peak sound pressure level in excess of 80 dBA. If an impulse sound
is the result of the normal operation of an industrial occupancy or
commercial occupancy and occurs more frequently than four times in
any hour then the maximum sound levels set forth in Table 196-12 shall
apply.
A.
Domestic power tools, lawn mowers, leaf blowers and
agricultural equipment shall be permitted to operate only so long
as such equipment:
B.
No person shall operate or permit the operation of
an engine of any standing motor vehicle with a weight in excess of
10,000 pounds, manufacturer's gross vehicle weight (GVW), for a period
in excess of 10 minutes when such vehicle is standing on property
containing residential occupancy or on a public street adjacent to
residential occupancy or when such vehicle is standing on any private
property closer than 100 feet to any residential occupancy.
A.
The Building Department Administrator shall be the
chief enforcement officer of this article; any other municipal employee
shall have the authority to enforce this article whenever designated
by the City Council of the City of Glen Cove. The Glen Cove City Police
shall have the authority to enforce this article.
B.
Every sound level measurement taken by any enforcement
officer of the City of Glen Cove in order to determine compliance
with these provisions shall be taken using a sound-level meter at
least two feet inside the property line of the receiving property
or public area and at two different locations not closer than six
feet apart in distance and not closer than five minutes apart in time
in any given twenty-four-hour period. Whenever both such measurements
establish the presence of noise levels which exceed the sound limits
as provided in this article, which noise levels are identified as
emanating from the same source of sound, then a notice of violation
may be issued to the property owner of any premises from which such
sounds have emanated and/or any other person who shall have made,
caused, permitted or allowed such sound levels to be exceeded.
C.
Failure to comply with a notice of violation, as provided
herein, within the time provided, shall subject the violator to prosecution
for violation of this article. Any subsequent violation within 180
days of the issuance of such notice of violation shall subject the
violator to immediate prosecution without the necessity of the issuance
of a second or subsequent notice of violation.
D.
Nothing in this article shall be interpreted to prohibit
any sound or vibration emitted for the purpose of alerting people
in an emergency; sounds created by church bells or church chimes;
sounds created by a government agency through the use of public warning
devices; municipally sponsored concerts or celebrations; or noise
from snow blowers or snow throwers when operated with a muffler.
