This chapter shall be known as the "Noise Law of the Village
of Depew, Erie County, New York."
It is hereby declared to be the policy of the Village of Depew
to safeguard the right of its residents within the privacy of their
homes to be free from intrusive, unwanted sounds. Problems concerning
the disturbance of peace and quiet by noise from various activities
are best solved by thoughtful discussions and cooperative agreements
between affected parties. However, to resolve remaining problems of
noise which is disturbing to others, it is the policy of the Village
of Depew to establish standards, variance procedures, enforcement
procedures and penalties.
As used in this chapter, the following terms shall have meanings
indicated. All other terms shall have the meanings normally ascribed
to them in regular usage.
AMBIENT NOISE LEVEL
The sound pressure level of the all-encompassing noise associated
with a given environment, being usually a composite of sounds from
many sources and/or the A-weighted sound pressure level exceeded 90%
of the time L90 based on a minimum period of
10 minutes.
A-WEIGHTED SOUND PRESSURE LEVEL
The sound pressure level, in decibels, as measured on a sound
level meter using the A-weighting network by a trained operator. The
level so read is designated dB(a) or dBA.
DAY
Any day of the week, that is, Monday through Sunday.
DECIBEL (DB)
The practical unit of measurement for 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 (20 micropascals);
abbreviate dB.
NOISE DISTURBANCE
That level of sound which, in each context described, hereunder
either:
A.
Annoys, disturbs, or perturbs a reasonable person of normal
auditory sensitivities or any sound which injures or endangers the
comfort, repose, health, hearing, peace, or safety of a reasonable
person of normal auditory sensitivities; or
B.
Is loud, disturbing, unusual, unreasonable and unnecessary,
as well as audible outside the structure or the real property boundary
from which it originates.
PERSON
An individual, firm or corporation.
REAL PROPERTY BOUNDARY
A line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned
or controlled by another person, including intrabuilding real property
divisions.
RESIDENTIAL AREA
An area designated for any residential use in the Village
of Depew, Erie County, New York, or any area improved by a dwelling.
SOUND-LEVEL METER
An instrument for the measurement of sound levels conforming
to American National Standards Institute Type I or II Standards.
STATIONARY NOISE SOURCE
Any device, fixed or movable, which is located or used on
geographically defined real property other than a public right-of-way.
VIBRATION
An oscillatory motion of particles described by displacement,
velocity or acceleration with respect to a given reference point.
It is hereby declared to be a nuisance and it shall be unlawful
for any person, firm or occupation to make or cause or suffer or permit
to be made or caused, upon any premises owned, occupied or controlled
by him or her or it, or upon any public street, alley or thoroughfare
in the Village of Depew, any unnecessary noises or sounds by means
or methods which are physically annoying to the comfort of any person
or which are so harsh or so prolonged or unnatural or unusual in their
use, time and place as to occasion physical discomfort or which are
injurious to the lives, health, peace and comfort of the inhabitants
of said Village or any member thereof.
The following acts are declared to be loud, disturbing or excessive
noise in violation of this chapter, but said enumeration shall not
be deemed to be exclusive:
A. Amplified sound. The operation, playing or permitting the operation
or playing of any radio, receiver, television, phonograph, tape player,
compact disc or digital sound systems, sound amplifier, boom box,
musical instrument, loudspeaker, or similar device, whether from a
moving vehicle or a stationary location, which reproduces or amplifies
sound in such a manner as to create a sound level across a real property
line, or through partitions common to two or more persons within a
building, or from a stationary or moving vehicle, which exceeds the
limits set forth in Table I. (This subsection does not apply to industrial
manufacturing plants in the regular conduct on their business on their
own properties.)
B. Horns and signaling devices. The sounding of any horn, signaling
device or alarm (except as a danger warning, pursuant to § 375
of the Vehicle and Traffic Law of the State of New York) which results
in a harsh or loud sound or repetitive sounds for any unreasonable
or unnecessary period of time, so as to create a noise disturbance.
C. Shouting and yelling. Shouting, yelling, singing, calling, hooting
or whistling so as to create a noise disturbance.
D. Engines. The operation, including stationary idling, of any engine,
including, but not limited to, an automobile, truck, motorcycle, motorbike,
motorboat or minibike engine, so as to create a noise disturbance,
or the use of any automobile, motorcycle, or motor vehicle so out
of repair, so loaded, or in any manner so as to create excessive or
unusual grating, grinding, rattling, or other noise, or the discharge
into the open air of the exhaust from any stationary steam engine,
stationary internal combustion engine or motorboat engine, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom, which exceed maximum permissible sound
levels in Table I herein.
E. Heavy equipment. The operation of any pile driver, bulldozer, pneumatic
hammer, grinder, noise or other construction equipment which creates
a noise disturbance, except between 7:00 a.m. and 11:00 p.m. and except
in cases of urgent necessity in the interest of public safety.
F. Construction. Any construction, excavation, demolition, alteration,
or repair which creates a noise disturbance, except between 7:00 a.m.
and 11:00 p.m. and in cases of urgent necessity in the interest of
public safety.
G. Domestic equipment. The operation of or permitting to be operated
any power saw, drill, sander, router, lawn or garden device, leaf
blower or snowblower, insect control device or domestic equipment
so as to create a noise disturbance, except between 7:00 a.m. and
11:00 p.m. However, the use of snowblowers, chain saws, and other
domestic tools and equipment are exempted from these limits when they
are being used to clear driveways, streets, or walkways during and
within 24 hours after snowfalls, rainstorms, ice storms, windstorms,
or similar emergencies.
H. Machinery. The operation of any machinery, equipment, pump, fan,
air-conditioning apparatus or other mechanical device in such a manner
as to create a noise disturbance which exceeds maximum permissible
sound levels in Table I herein.
I. Loading and unloading. The loading or unloading of any materials,
equipment, and garbage cans or the handling of bales, boxes, crates,
containers, or similar objects so as to create a noise disturbance
which exceeds maximum permissible sound levels in Table I herein.
J. Domestic animals. The howling, barking, whining, squawking, neighing,
or other sounds of domestic animals which occur continuously or intermittently,
or so frequently as to create a noise disturbance. (For purposes of
this subsection, "continuous" shall be a period of 10 minutes, and
"intermittent" shall be a period of 30 minutes.)
K. The making of any noise for advertising purposes in any street or
public place, or by means of aircraft, or the advertisement of or
calling attention to any advertisement, article, business, calling
or profession upon any street, sidewalk, or entrance to a place of
business by means of any horn, megaphone, siren, bell, radio, or any
other sound-producing or sound-amplifying mechanism, instrument, or
device.
L. Places of public entertainment. Operating or permitting to be operated
any loudspeaker or other source of sound in any place of public entertainment
which produces maximum levels of 90 dB(A) or greater at any point
that is normally occupied by human beings, as read with the slow response
on a sound-level meter, without a conspicuous and legible sign with
lettering no less than one inch high located outside such place, near
the entrance, stating: WARNING: SOUND ENVIRONMENT WITHIN MAY CAUSE
TEMPORARY HEARING IMPAIRMENT WHICH MAY BECOME PERMANENT WITH CONTINUED
EXPOSURE. The sound level across a real property line shall not exceed
the limits set forth in Table I.
M. Alarms. The sounding or permitting of the sounding of any exterior
alarm on any building or motor vehicle, unless such alarm shall terminate
its operation within 15 minutes of its being activated.
N. Stationary emergency signaling devices. Testing of only the electromechanical
functioning of a stationary emergency signaling device shall occur
at the same time each day when a test is performed, but not before
9:00 a.m. nor after 8:00 p.m. Any such testing shall not exceed one
minute.
No person shall operate a motor vehicle on a public right-of-way
at any time in such manner that the sound pressure level emitted by
said vehicle exceeds the levels set forth in the New York State Vehicle
and Traffic Law.
The provisions of this chapter shall not apply to police officers
and firemen while in the discharge of duty.
This chapter shall take effect as of May 29, 2012.
The existing Noise Ordinance of the Village of Depew, New York, effective 12-27-1971 by L.L. No. 2-1971 as Chapter
148 of the 1971 Code, as amended, is hereby repealed and replaced by this chapter, effective May 29, 2012.