[HISTORY: Adopted by the Board of Trustees of the Village
of Honeoye Falls 9-19-2011 by L.L. No. 4-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 55.
Parades — See Ch. 118.
Peddling and soliciting — See Ch. 127.
[1]
Editor's Note: This local law also superseded former
Ch. 114, Noise, adopted 10-12-1970, as amended.
A.
Excessive sound and noises are a serious hazard to the public health,
welfare and safety and the quality of life. It is the finding of the
Village Board of Honeoye Falls that unnecessary noise degrades the
environment of the Village. Persons and businesses in the Village
have a right to, and should be ensured of, an environment free from
excessive sound and noise.
B.
It is the policy of the Village of Honeoye Falls to prevent excessive
sound and noise. Further, the provisions hereinafter set forth are
in pursuance of and for the purpose of preserving, protecting and
promoting the public health, safety and welfare of its inhabitants
and the comfortable enjoyment of life, property and recreation and
free of interference with the conduct of business and industry in
the Village.
All terminology defined herein which relates to the nature of
sound and the mechanical detection and recording of sound, where applicable,
shall conform to the terminology of the American National Standards
Institute (ANSI) or its successor body. 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.
Sound that reaches the point of interest by propagation through
the air. Approved sound measuring equipment shall meet ANSI SI.4 1971
standards and is described under the definition of "dB(A)" below.
Any device that is designed to be used or is actually used
to cool, move or condition air including but not limited to air conditioners,
cooling towers, compressors, fans and blowers.
The all-encompassing noise associated with a given environment,
being usually composites of sounds from many sources, near and far.
American National Standards Institute, founded in 1918. The
Institute oversees the creation, promulgation and use of thousands
of norms and guidelines that directly impact businesses in nearly
every sector: from acoustical devices to construction equipment, from
dairy and livestock production to energy distribution, and many more.
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighing network. The level so read is designated
"dB(A)" or "dBA."
Any sound with a level that is capable of being heard; loud
enough to be heard; actually heard; perceptible to the hearing.
The Code Enforcement Officer of the Village of Honeoye Falls, or a designated representative as provided for in the Code of the Village of Honeoye Falls, Chapter 70, Building Code Administration and Enforcement.
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." This is the "bass component" of sound.
Any occupancy or property use that is not residential (single-family
or multifamily) or industrial or manufacturing. Typical commercial
occupancies or property uses include: office, retail, restaurant,
tavern, bank or manufacturing.
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, landscaping
and loading and unloading.
Any powered device or equipment designed and intended for
use in construction. These include but are not limited to: air compressors,
bulldozers, backhoes, trucks, shovels, cranes and power tools.
The unit for measuring the volume of a sound, based upon
the pressure level of a sound. For the purpose of this chapter, the
standard reference pressure stated herein will be used to ensure a
consistent and standard reference for measuring sound. The sound pressure
level measured in decibels is equal to 20 times the logarithm to the
base 10 of the ration of the effective pressure of the sound measured.
Any occurrence or set of circumstances as declared by state,
county or Village agencies involving actual or imminent physical trauma
or property damage which demands immediate action to protect the health,
safety and welfare of persons or property from fire, flood, snow,
ice, wind, etc.
Any gong, siren, whistle, air horn or similar device, the
use of which on emergency vehicles is permitted by the Vehicle and
Traffic Law.
The operation or parking of an authorized emergency vehicle
when such vehicle is engaged in transporting a sick or injured person,
responding to or working or assisting at the scene of an accident,
disaster, public call, training exercise, alarm or fire or any other
emergency.
The work or activity that is necessary to prevent or recover
from an emergency, including but not limited to work to repair public
utility services, buildings and other structures.
Any airborne sounds of such level, frequency, duration and
repetitiveness as to be or tending to be injurious to human health
or welfare or that would unreasonably interfere with the enjoyment
of life or property.
A function period in time which is the reciprocal of the
period and which is measured by the number of oscillations or cycles
per second, expressed in hertz (Hz).
The abbreviation for "hertz," equivalent to cycles per second.
Every device in, upon or by which any person or property
is or may be transported or drawn, which is propelled by any power
other than muscular power, except vehicles which run only upon rails
or tracks. This definition shall include but not be limited to trucks,
buses, automobiles, vans, motorcycles, motor-driven cycles, motor
scooters, and dune buggies, including both commercial and noncommercial
status.
An area adjacent to a site, including but not limited to
any authorized school, church, house of worship, senior-citizen center,
day-care center, hospital or nursing home, which requires specific
noise limitations.
See "sound" definition.
Includes the owner of the premises or lessee or agent of
either 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.
Any individual, partnership, company, corporation, association,
fine, organization, governmental agency, administration or department
or any other group of individuals, or any officer or employee thereof,
or any other form of association or organization or any legal entity
whatsoever.
Any tract of privately owned land including its buildings,
or a building together with its grounds.
Any highway, road, street, avenue, public park, public driveway
or other public way.
The boundary line, including its vertical extension, that
separates one parcel of real property from another.
Any vehicle which is propelled by any power other than muscular
power that is designed for or capable of cross-country travel. This
definition shall include but not be limited to trucks, automobiles,
campers, motorcycles, motor-driven cycles, motor scooters, dune buggies,
racing vehicles, snowmobiles, all-terrain vehicles, go-carts, mini-bikes,
trail bikes, amphibious craft and all other types of motorized recreational
vehicles. A "recreational vehicle" is also classed as a motor vehicle
when such recreational vehicle is operated or driven upon a public
highway.
All engine- or motor-powered garden or maintenance tools
intended for repetitive use in residential areas used by a homeowner.
Common residential sound-producing devices include but are not limited
to the following: lawn mowers, powered garden tools, riding tractors,
snow blowers, leaf blowers, yard vacuums, chain saw and other similar
utilitarian domestic devices and domestic power tools (drill, saw,
sander, etc).
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 (American National
Standards Institute terminology). The description of sound may include
any characteristic of such sound, including duration, intensity and
frequency.
The weighted pressure level, measured by the use of a metering
characteristic and the weighting A, B and C (ANSI terminology). For
purposes of enforcing and interpreting the provisions of this chapter,
unless a different frequency weighting is indicated, the A-weighting
slow response shall apply.
An instrument for the measurement of sound levels in conformance
with the requirements of ANSI specifications for sound-level meters.
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any musical instrument, radio, television, tape recorder, phonograph
or any other sound-amplifying equipment.
Any activity or device that produces sound.
Exceeding the following noise limits are declared to be in violation
of this chapter:
A.
Sound-reproducing devices.
(1)
No person shall use or operate or permit to be used or operated any
radio, television, phonograph, musical instrument or other machine
or device for the producing, reproducing or amplification of sound
with louder volume than is necessary for convenient hearing for the
person or persons who are voluntary listeners thereto. It shall be
proof of a violation of this section if the sound emanating from such
machine or device exceeds the following:
(a)
Sound level of 50 dBA during the nighttime hours of 9:00 p.m.
of one day and 8:00 a.m. of the following day when measured at the
real property line of the premises from which the sound is emanating;
except that on Fridays and Saturdays the 9:00 p.m. becomes 11:00 p.m.
(b)
Sound level of 65 dBA during the daytime hours of 8:00 a.m.
and 9:00 p.m. of the same day when measured at the real property line
of the premises from which the sound is emanating, except that on
Fridays and Saturdays, 9:00 p.m. becomes 11:00 p.m.
(c)
Sound level of 60 dBA when measured at a distance of 50 feet
from such machine or device when operated in a public place at any
time of day.
B.
Residential operations. Except as may otherwise be authorized by
the provisions of this chapter:
(1)
No person shall operate, cause or permit to be operated any residential
outdoor equipment or domestic power tool in such a manner that the
sound level emitted therefrom exceeds 50 dBA during the nighttime
hours of 8:00 p.m. of one day to 8:00 a.m. of the following day, when
measured at the real property line of the premises from which the
sound is emanating.
(2)
No person shall shout, yell, call, hoot, whistle or sing on private
property in excess of 50 dBA during the nighttime hours of 8:00 p.m.
of one day to 8:00 a.m. of the following day, when measured at the
real property line of the premises from which the sound is emanating.
C.
Motor vehicles. This section shall apply to all motor vehicles, whether
or not duly licensed or registered.
(1)
Vehicle or boat motor operation, repair or testing. No person shall
cause or permit the operation, repairing, rebuilding, modifying or
testing of any motor vehicle or boat motor in such a manner that the
sound level emitted therefrom exceeds 50 dBA during the nighttime
hours of 8:00 p.m. of one day to 8:00 a.m. of the following day, when
measured at the real property line of the premises from which the
sound is emanating.
(2)
Standing motor vehicles. No person shall operate or cause or permit
to be operated any motor vehicle with a gross vehicle weight rating
(GVWR) in excess of 10,000 pounds or any auxiliary equipment attached
to such vehicle for a period exceeding 20 consecutive minutes in any
hour while the vehicle is stationary, for reasons other than traffic
congestion, on a public right-of-way or public space so that the sound
emanating from the vehicle exceeds 50 dBA during the nighttime hours
of 8:00 p.m. one day and 7:00 a.m. of the following day when measured
at the real property line of the premises from which the sound is
emanating.
(3)
Solid waste compacting vehicles. No person shall operate or cause
or permit to be operated any solid waste compacting or recycling vehicle
in such a manner that the sound level emanating therefrom exceeds
70 dBA when measured 10 feet from any point of the vehicle. No solid
waste or recycling collection shall be permitted during the nighttime
hours of 8:00 p.m. of one day and 6:00 a.m. of the following day within
the Village for noise control.
D.
Recreational motorized vehicles. This section shall apply to all
recreational motorized vehicles, whether or not duly licensed and
registered. No person shall operate or cause or permit to be operated
any recreational motorized vehicle or any auxiliary equipment of such
vehicle on private property in such a manner that the sound level
emitted therefrom exceeds 50 dBA during the nighttime hours of 8:00
p.m. of one day to 8:00 a.m. of the following day, when measured at
the real property line of the premises from which the sound is emanating.
E.
Air-conditioning and air-handling devices. In areas zoned residential,
no person shall operate or cause or permit to be operated an air-conditioning
or air-handling device in such a manner that the sound level emitted
therefrom exceeds 55 dBA at any time of day, when measured at the
real property line of the premises from which the sound is emanating.
F.
Construction activities. No person shall engage in or permit any
person to be engaged in construction activities in such a manner that
the sound level emitted therefrom exceeds 50 dBA during the nighttime
hours of 8:00 p.m. of one day to 8:00 a.m. the of following day, when
measured at the real property line of the premises from which the
sound is emanating.
G.
Commercial and industrial operations. No person shall operate or
cause or permit to be operated on a commercial, business or industrial
site an operation in such a manner that the sound level emitted therefrom
exceeds the following:
(1)
Sound level of 70 dBA when measured at the real property line of
the premises from which the sound is emanating during the daytime
hours of 8:00 a.m. and 8:00 p.m. of the same day.
(2)
Sound level of 50 dBA when measured at the real property line of
the premises from which the sound is emanating during the nighttime
hours of 8:00 p.m. of one day to 8:00 a.m. of the of following day.
Notwithstanding the regulations in § 114-3 of this chapter, no person shall make, continue to make or cause to be made, or permit to be made or continued to be made any excessive noise as defined in this chapter.
The measurement of any sound or noise shall be made with a sound-level
meter using an A-scale decibel level. The measurement shall be conducted
at the real property line of the property upon which such noise is
generated.
The provisions of this chapter shall not apply to the following:
A.
The emission of sound from normal agriculture activities.
B.
The emission of sound for the purpose of alerting persons to the
existence of an emergency and the passage of vehicles for that purpose.
C.
The emission of sound in the performance of an emergency operation
including utility trucks.
D.
Village-approved or sponsored public events.
E.
Organs, bells, chimes or other similar instruments that use sound-amplifying
devices to broadcast the sound of bells or chimes by a school, church,
synagogue, mosque or other house of worship when used as part of religious
service or funeral procession, when operated between the hours of
9:00 a.m. and 9:00 p.m. of the same day.
F.
Seasonal music. Use of loudspeakers in non-residential-zoned districts
of the Village solely to broadcast seasonal music from December 15
through January 1 of the following year, between the hours of 9:00
a.m. and 9:00 p.m. of the same day.
G.
The use of amplifiers or other sound-producing instruments or equipment
in connection with any religious or any permitted athletic competition
or recreational event held on athletic fields, stadiums or public
places in the Village.
H.
Vehicles that are used to sell ice cream or similar products equipped
with a bell or sound-reproducing device operated by the driver of
such vehicle, provided that no such bell or any sound produced from
the vehicle shall be capable of being heard from a distance greater
than 400 feet and only between the hours of 9:00 a.m. and 9:00 p.m.
of the same day.
The provisions of this chapter shall be enforced by the Code
Enforcement Officer. For purposes of enforcement of the provisions
of this chapter, an enforcement official may enter and/or inspect
any private property or place at any reasonable time when granted
permission by the owner for the limited purpose of obtaining accurate
sound-level readings. Such inspection may include administration of
any necessary tests.
An 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 Code Enforcement Officer. The notice
shall provide a reasonable time period within which to bring the excessive
noise into compliance.
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be punishable by a fine of $250 for the first
offense, $500 for the second offense and $1,000 for the third offense,
or by imprisonment for a term of not more than 15 days, or by both
such fine and imprisonment, for each violation. Multiple offenses
shall be calculated within a two-year calendar time frame.
If the provisions of this chapter are inconsistent with any
other provision in this Code, or with any rule or regulation of any
department, bureau or governmental agency of the Village of Honeoye
Falls, the provisions of this chapter shall be controlling.
