[HISTORY: Adopted by the Town Board of the
Town of Phelps 6-2-1998 by L.L. No. 3-1998. Amendments noted where
applicable.]
A.
The purpose of this chapter is to preserve the public
health, peace, welfare and good order by preventing and suppressing
the making, creation or maintenance of excessive, unnecessary, unnatural
or unusually loud noises which are prolonged, unusual and unnatural
in their time, place and use and which are a detriment to public health,
peace, welfare or good order.
B.
It shall be unlawful for any person or persons, individually
or in unison, within the Town to make or continue, or cause to be
made or continued, any unreasonably loud, unnecessary or unusual noise,
except as otherwise provided in this Code of The Town of Phelps, which
either annoys, disturbs or endangers the comfort, repose, health,
peace or safety of one or more individuals of normal sensitivity within
the limits of the Town.
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter (and are examples and not to be interpreted as a limitation
of the general statement and purpose of this chapter):
A.
The operation of any radio, phonograph or use of any
musical instrument in such a manner or with such volume as to annoy
or disturb the quiet, comfort or repose of persons in any dwelling,
hotel or other type of residence.
B.
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.
C.
The use of any automobile, motorcycle, trail bike,
minibike, snowmobile, bus or any other vehicle so loaded or in such
a manner as to create loud and unnecessary noise.
D.
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.
E.
The discharge into the 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.
F.
The erection, including excavation, demolition, alteration
or repair, of any building other than between 7:00 a.m. and 9:00 p.m.,
except in the case of urgent necessity in the interest of public safety
as determined by the Code Enforcement Officer or other applicable
laws in the Code of the Town of Phelps.
G.
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 institutions, provided that conspicuous
signs are displayed in such streets indicating that the same is a
school, hospital or court street.
H.
The creation of a loud and excessive noise in connection
with the loading or unloading of any vehicle or the opening and destruction
of bales, boxes, crates and containers in such a manner as to create
an unreasonable or unnecessary noise of unreasonable extent and duration.
I.
The shouting and crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood.
J.
The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention to any sale or display
of merchandise by the creation of noise.
K.
The sounding of any horn or signal device on any vehicle,
motorcycle, bus or other device except as a warning signal, pursuant
to the provisions of Subdivision 1 of § 375 of the Vehicle
and Traffic Law of the State of New York.
L.
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. 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 that
such loudspeaker shall project the sound therefrom directly outside
of any building or out out of doors.
M.
The creation of any noise which causes public inconvenience
or alarm or disturbs the public's peace, comfort or tranquility, including
the unnecessary squealing of tires on a motor vehicle and unnecessary
blowing of horns on a motor vehicle.
The following sounds shall not be deemed to
be a violation of this chapter:
A.
Normal farming operations. It is recognized that farming
is an essential activity in the Town of Phelps and requires that normal
farming and agricultural operations be exempted from the provisions
of this chapter.
B.
Sand and gravel and extraction companies. It is recognized
that there are a number of existing sand and gravel and excavating
or mining businesses in the Town and the provisions of this chapter
shall not apply to these businesses already existing prior to the
enactment of this chapter.
C.
Sounds created by lawn mowers between the hours of
8:00 a.m. and 9:00 p.m. weekdays and 10:00 a.m. and 9:00 p.m. Sundays.
D.
Sounds connected with sporting events of any public
or private school or authorized carnival, fair, exhibition, parade,
etc., allowed by permit of the Town Board.
E.
Sounds on private property which do not carry beyond
the boundary lines of the property on which they are created.
Some of the standards which shall be considered
in determining whether a violation of the provisions of this section
exist shall include, but not be limited to the following:
A.
The volume of the noise.
B.
The intensity of the noise.
C.
The number of people disturbed by such noise.
D.
Whether the nature of the noise is usual or unusual.
E.
Whether the origin of the noise is natural or unnatural.
F.
The volume and intensity of the background noise,
if any.
G.
The proximity of the noise to residential facilities.
H.
The nature and zoning of the area within which the
noise emanates.
I.
The density of the inhabitation of the area within
which the noise emanates.
J.
The time of the day or night the noise occurs.
K.
The duration of the noise.
L.
Whether the noise is recurrent, intermittent or constant.
M.
Whether the noise is produced by a commercial or noncommercial
activity.
The Town Board of the Town of Phelps has deemed
it appropriate and in the best interest of the Town to reduce and/or
mitigate noise problems and complaints in the community and to supplement
the provisions contained herein by the establishment of acceptable
standards of decibel readings for ambient noise as an alternate means
of enforcement of the intent of this chapter. These standards reflect
community needs for such standards, taking into consideration such
issues as surrounding circumstances, place, time of day, and the like,
and are set forth herein below:
A.
A-WEIGHTED SOUND LEVEL
AMBIENT NOISE
CLASS A (RESIDENTIAL)
CLASS B (COMMERCIAL) LAND
CLASS C (INDUSTRIAL) LAND
CONTINUOUS SOUND
DAYTIME
dBA
FAST RESPONSE
IMPULSIVE SOUND
INDUSTRIAL OPERATION
MAXIMUM SOUND LEVEL
REAL PROPERTY BOUNDARY
RECEIVING LAND
SOUND LEVEL
SOUND LEVEL METER
Definitions. For the purpose of this section, the
following definitions shall apply:
The sound pressure level measured with a meter using an "A-weighted"
frequency response as prescribed by the American National Standards
Institute (ANSI), or its successor. A-weighting is used to approximate
the average human ear's response to a range of sound frequencies.
The background average noise level within an area, exclusive
of any extraneous sounds.
Lands residentially zoned and used primarily for sleeping
purposes by people. Such lands shall include those contained in the
R-1 and R-AG Zoning Districts.
Lands where people likely to communicate with one another
by speech. Class B shall include public lands and zoning districts
designated as C-1.
Lands intended primarily for heavy commercial or industrial
use, and shall include those lands in zoning district M-1.
Any sound that is not an impulsive sound.
From 7:00 a.m. to 9:00 p.m.
The abbreviation for A-weighted sound level in decibels.
The characteristic of a sound level meter which allows for
accurate measurement of impulsive sounds such as horn blasts, explosive
sounds, discharges or passing vehicles.
A sound characterized by excursions of the sound pressure
which exceed the ambient sound by six or more decibels but last two
seconds or less.
The production, fabrication and storage of man-made goods
and the production, transformation and storage of energy in all forms.
The recorded or noted maximum RMS (room-mean-square) sound
pressure level noted using an instrument which meets the requirements
of this chapter. Maximum impulsive sound level shall be measured using
the fast response setting. Maximum continuous sound level shall be
measured using the slow response setting.
An imaginary line exterior to any structure, along the ground
surface, which separates the real property owned by one person from
that owned by another person, and the vertical extension of such line.
The property line of the real property where the sound is
being heard, and where appropriate level restrictions apply. In the
case of any apartment, Townhouse or condominium, the point of measurement
is within the affected unit.
The quantity, in decibels, measured using an instrument satisfying
the requirements of ANSI S1.4-1983. Sound level is the frequency-weighted
(see "A-weighting") sound pressure level obtained with "fast" or "slow"
response.
An instrument designed to detect and measure sound pressure
levels and display this information in decibels, in an analog or digital
form. An instrument meeting the requirements of this code shall conform
to the requirements of ANSI S1.4-1983, Type 1 or Type 2.
B.
Maximum Permissible Sound Levels by Receiving Land
Use. Any noise source that produces sound in excess of those levels
set forth in Table I, as measured at or within the property boundary
of the receiving land use, shall constitute a violation of this section.
|
TABLE I
| ||
|---|---|---|
|
Continuous Sound - Slow Response Meter
Level
| ||
|
Maximum Sound in dBA
| ||
|
Receiving Land Use Category
|
Day
|
Night
|
|
Class A (residential)
|
65
|
55
|
|
Class B (commercial)
|
70
|
60
|
|
Class C (industrial)
|
80
|
70
|
|
Impulsive Sound - Fast Response Meter
Level
| ||
|---|---|---|
|
Maximum Sound in dBA
| ||
|
Receiving Land Use Category
|
Day
|
Night
|
|
Class A (residential)
|
75
|
65
|
|
Class B (commercial)
|
80
|
70
|
|
Class C (industrial)
|
90
|
80
|
|
Notes:
| |
|
1 With impulsive noise, the following
adjustment in the allowable maximum levels shall apply:
|
|
Repetitions per hour
|
Adjustment
|
|---|---|
|
3-10
|
Deduct 1 dBA
|
|
11-20
|
Deduct 2 dBA
|
|
21-60
|
Deduct 3 dBA
|
|
Over 60
|
Deduct 4 dBA
|
|
2 In the event that the background
noise (ambient) level for a given receiving land use exceed the standards
above, the following maximum sound levels, measured using the criteria
above, shall apply:
| |||
|
|
|
| |
|
(a)
|
Any continuous sound which exceeds the ambient
level by 10 dBA or more.
| ||
|
(b)
|
Any impulsive sound which exceeds the ambient
level by 20 dBA or more, with the above adjustment applied
| ||
C.
The above table shall not apply to noise emanating
from an industrial operation, which noise shall be subject to the
following limits:
(1)
Performance standards. All heavy industrial and light
industrial uses proposed to be established shall provide documentation
of conformance with the following standards as a minimum condition
of permit issuance.
(2)
Noise measurement.
(a)
Noise shall be measured with a sound level meter
having an A-weighted filter constructed in accordance with specifications
of the American National Standards Institute (ANSI). Measurements
are to be made at any point as indicated in Table II following.
(b)
Impact noise shall be measured using the fast
response of the sound level meter. Impact noises are intermittent
sounds such as from a punch press or drop forge hammer. Measurements
are to be made at any point as indicated in Table II.
(c)
Between the hours of 7:00 p.m. and 9:00 a.m.,
the permissible sound levels in a residential district, including
the R-AG District, shall be reduced by five decibels for continuous
and by 10 decibels for impact noises.
(e)
The following table describes the maximum pressure
level permitted for an industrial source measured in any adjacent
nonindustrial district or industrial district lot adjacent to the
site.
|
TABLE II
| ||
|---|---|---|
|
Maximum Permitted Sound Levels, dBA
(RE: 0.0002 microbar)
| ||
|
Sound Measured in Response to the Noise
Source
|
Continuous Slow Meter Response
|
Impact Fast Meter
|
|
Decibels
|
Decibels
| |
|
Residential
|
50
|
60
|
|
Commercial
|
60
|
70
|
|
Industrial district lot
|
70
|
80
|
A.
Any person, alone or in concert, who shall violate any provision
of this chapter shall be guilty of a violation and, upon conviction
thereof, shall be subject to a fine of $250 or by imprisonment not
exceeding 15 days, or by both such fine and imprisonment, for a conviction
of a first offense; for conviction of a second offense, both of which
were committed within a period of five years, the second violation
shall be punishable by a fine of not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, such third
and each subsequent offense shall be punishable by a fine of not less
than $700 nor more than $1,000 or imprisonment not to exceed six months,
or both. Each day such violation continues shall constitute a separate
and distinct violation.
[Amended 8-10-2015 by L.L. No. 3-2015]
B.
This chapter shall be administered and enforced by
the Ontario County Sheriff's Department or other law enforcement agency
and/or by the Code Enforcement Officer of the Town of Phelps.
