[HISTORY. Adopted by the Board of Trustees
of the Village of Hamilton 1-14-1992 by L.L. No. 1-1992. Amendments noted where
applicable.]
A.
No person shall use or operate an automobile, motorcycle,
bus or other vehicle so out of repair or so constructed or in any
manner as to create loud or unnecessary grating, grinding, rattling,
squealing or other noise in the Village of Hamilton.
B.
No person shall use or operate an automobile, motorcycle,
bus or other vehicle in such a manner as to cause spinning or squealing
of the tires, creating an unnecessary noise in the Village of Hamilton.
C.
Noise of such character, intensity or duration as
to endanger public comfort, peace or repose is declared to be a nuisance
and prohibited.
[Amended 2-19-2013 by L.L. No. 1-2013]
A.
Policy statement. It is hereby declared to be the policy of the Village of Hamilton to prevent unreasonably loud, disturbing, and unnecessary noise and sounds and to reduce noise and sound levels within the Village so as to preserve, protect and promote the public health, safety, and welfare and to foster convenience, peace, and quiet within the Village by inhabitants and visitors. By enacting this chapter and this § 109-2, the Village Board of Trustees intends to improve and promote the quality of life in our community. The Village of Hamilton welcomes weddings, dining and other similar outdoor festivities and celebrations. Such activities may include music, sound amplification, and other noises that require the issuance of a sound permit or sound level variance.
B.
A-WEIGHTED SOUND LEVEL
DECIBEL (dB)
MULTI-DWELLING-UNIT BUILDING
NOISE
PERSON
REAL PROPERTY LINE
RESIDENTIAL PROPERTY
SOUND DEVICE OR APPARATUS
SOUND LEVEL
SOUND-LEVEL METER
SOUND MEASUREMENT
Definitions. As used in this section, the following definitions shall
have the meanings indicated:
The measurement of sound approximating the auditory sensitivity
of the human ear as measured with a sound-level meter using the A-weighting
network. The level so read is designated "dB."
The unit of sound measurement, on a logarithmic scale, of
the ratio of the magnitude of a particular sound pressure to a standard
reference pressure which for the purpose of this section shall be
0.0002 microbar.
Any building wherein there are two or more apartments or
dwelling units.
Any sound of such level and duration as to be or tend to
be injurious to human health or welfare or that would reasonably interfere
with the enjoyment of life or property.
Any individual, corporation, association or other entity
having any form of ownership, possession, control and/or authority
over any sound device or apparatus, and/or over any premises upon
which any event or occurrence subject to the provisions of this section
is present or occurring, at the time such event is occurring, regardless
of the legal nature, form or duration of the right(s) of ownership,
control, possession and/or authority over the premises.
The boundary line, including the vertical extension thereof,
that separates legal ownership of one parcel of real property from
another, or the vertical and horizontal boundaries of a dwelling unit
that is part of a multi-dwelling-unit building.
Any structure used or intended for human habitation.
Any machine, equipment, electronic device, or other apparatus
or device that creates, reproduces or amplifies sound of any type.
The sound pressure level measured in decibels with a sound-level
meter set for A-weighting. Sound level is expressed in dB.
An instrument for the measurement of noise and sound.
The reading produced by the decibel meter held at chest level when pointed in the apparent direction of the source of the sound. The sound measurement shall be the average of two readings, each taken from a location specified in Subsection C(2) below. Reading locations shall at least 30 feet apart and with a minimum of at least one minute separation between readings when the meter is set for slow sound readings.
C.
Maximum permitted sound levels.
(1)
Except as otherwise expressly permitted in this section, no person
shall cause, suffer, allow, or permit the operation of any sound device
or apparatus within the Village of Hamilton with volume which is annoying,
causes alarm, disturbs a reasonable person of reasonable sensitivity,
unreasonably causes public inconvenience, or unreasonably disturbs
the quiet use and enjoyment of one's life and property.
(2)
Except as otherwise expressly permitted in this section, it shall
be prima facie evidence of a violation of this chapter if the sound
level emanating from any sound device or apparatus is measured at
a decibel level that exceeds 70 dB from one or more of the following
locations:
(a)
Upon a public sidewalk adjacent to the premises upon which the
sound device or apparatus is being operated or used; and/or
(b)
Upon any property adjacent to the premises upon which the sound
device or apparatus is being operated or used; and/or
(c)
At a distance of 30 feet or more from such sound device or apparatus
when used or operated in a public park or other public place.
(3)
Use of a sound device or apparatus that produces sound in excess of the decibel level set forth in Subsection C(2) above, but in no event greater than 80 dB, shall be permissible if such sound is produced within the limitations of a sound permit issued by the Village at least seven business days prior to the event as provided herein. A sound permit application may be obtained from the Village Office. Application for multiple planned events may be made in a single application subject to the conditions set forth below. Sound permit applications shall be signed by at least one owner (if the premises are owner occupied) or at least one tenant (if the premises are not owner occupied) of the premises upon which the subject event is to occur and shall list all owners and all tenants and residents of the premises, as well as all individuals and organizations involved in the staging and conduct of the planned event. Applications may be approved by either the Mayor or the Code Enforcement Officer of the Village of Hamilton after consultation with the Chief of Police. Sound permits may be subject to payment of an application fee which may be determined from time to time by the Board of Trustees. Approval of sound permits shall be subject to demonstrated conformance to the following additional criteria and limitations:
(a)
Permits shall be issued and valid only for single-day events
beginning no earlier than 9:00 a.m. The maximum effective duration
of any sound permit shall be four continuous hours. On Fridays and
Saturdays, all sound permits shall expire no later than 11:59 p.m.
on the day of the event for which the sound permit is issued. On all
other days (Sunday through Thursday), all sound permits shall expire
no later than 9:00 p.m.
(b)
No sounds emanating from the premises upon which the event is occurring may exceed the 80 dB maximum at the distances stated in Subsection C(2) above.
(c)
No sound permit shall be issued for an event to be held upon
any premises, or by any applicant, which is the subject of a pending
citation for a violation of any provision of this chapter, or which
has been the subject of a conviction for a violation of this section,
within the immediately preceding three-month period.
(d)
No more than one sound permit shall be issued for any single location in any given calendar month. This limitation may be exceeded only upon the issuance of a sound level variance as set forth in Subsection D below.
(e)
No sound permits will be issued for an event which the Mayor
or Code Enforcement Officer reasonably believes would be in violation
of any other state or local law, code or regulation.
D.
Sound level variances. Notwithstanding the provisions of Subsection C above, to promote a positive image of the hospitality of the Village of Hamilton, written applications for sound level variances will be considered by the Board of Trustees for outdoor dining, outdoor weddings, and other activities which may include music, sound amplification, and other noises that exceed any of the limits prescribed under Subsection C above. Such sound level variances may be obtained only upon approval by the Board of Trustees and may be approved upon such terms and conditions as the Board of Trustees, in its discretion, deems appropriate, including presentment of the application at a duly noticed public hearing. Prior to the issuance of a sound level variance, the Chief of Police shall be consulted so that the Board of Trustees may take into consideration prior sound and other complaints at the location of the planned event. The Village Code Enforcement Officer shall also be consulted in advance for matters relating to construction, demolition or other relevant building, zoning and property use and maintenance issues.
(1)
Any person seeking a variance pursuant to this Subsection D shall file a written application with the Village Clerk no later than 21 days prior to the date of the planned event and shall pay an application fee as may be determined from time to time by resolution of the Board of Trustees.
(2)
Unless a specific application form is prescribed and provided by
the Village, the application shall consist of a letter signed by the
applicant(s) containing information which demonstrates the benefit
of the event to the community, if any, the benefit of the event to
the applicant, and also the hardship that compliance with this section
would create on the part of the applicant, the community, or other
persons. Said application shall describe the sources and purposes
of the sounds to be created and set forth other pertinent information
such as the direction and placement or location on the property of
speakers, highest anticipated decibel level that is expected if a
variance is granted, the address of the event, expected attendance,
and the hours, days and duration of the event for which the variance
is requested. The Board of Trustees may require that additional information
be submitted as deemed by the Board of Trustees to be necessary to
make an informed decision. Noncompliance with any granted variance
shall immediately terminate the variance and shall subject the applicant
and all other persons to the provisions of this chapter.
(3)
No sound level variance shall be issued for an event to be held upon
any premises, or by any applicant, which is the subject of a pending
citation for a violation of any provision of this chapter, or which
has been the subject of a conviction for a violation of this section,
within the immediately preceding three-month period, except and unless
the Board of Trustees deems that sufficient measures have been implemented
by the applicant or others to minimize the likelihood of future violations.
E.
Public notice. Notice that a sound permit or a sound level variance
has been issued, including the address of the event, the name of the
person(s) to whom the permit or variance was issued, and the date
and hours of the event, along with a copy of the application, will
be posted on the Village website. Failure of the Village to post such
notice shall not affect the validity of the permit or variance issued,
nor shall such failure to post create any liability on the part of
the Village.
F.
Exceptions. The following sounds shall be exempt from the restrictions
and prohibitions of this section and shall not be deemed a violation
of this chapter:
(1)
Church bells: sounds created by bells or chimes emanating from religious
institutions between the hours of 7:00 a.m. and 8:00 p.m.
(2)
Warning devices: sounds created by any government agency, or by the
use of public agency warning devices, and also the amplified warnings
and communications generated by the Colgate University emergency warning
system.
(3)
Sporting events and public entertainment: sounds emanating from sporting
events of any public or private schools, Colgate University, and/or
any Village-authorized carnival, fair, exhibition, outdoor concert,
parade, and/or athletic contest, including, but not limited to, organized
youth football, baseball, softball, volleyball, and soccer leagues
on Village athletic fields conducted between 7:00 a.m. and 9:30 p.m.
on any day except Sunday, when the hours shall be between 10:00 a.m.
and 9:30 p.m.
(4)
Mobile vendors: sounds created between the hours of 9:00 a.m. and
sunset by vehicles selling ice cream products and similar ready-to-eat
food products, provided such sounds are not audible for a distance
of more than 400 feet from the vehicle creating the sounds.
(5)
Construction activities: sounds created by activities associated
with site improvements and building construction, repair and maintenance
between the hours of 8:00 a.m. and 6:00 p.m. Sounds created by construction
activities between the hours of 6:00 p.m. and 8:00 a.m. shall be subject
to the limitations of this section, except that in the event of an
emergency, so declared by the Code Enforcement Officer, Fire Department,
or Police Department, construction activities directly connected to
the abatement of such emergency may be undertaken without regard to
the prohibitions and limitations of this section for a period not
to exceed 72 hours from the commencement of such construction activities,
during which time application for a sound permit or sound level variance
shall be made.
(6)
Agricultural activities: including sounds emanating from activities
considered sound agricultural practices under the Agriculture and
Markets Law, provided that all powered agricultural and farm equipment
is equipped with exhaust mufflers recommended by the manufacturers
thereof.
(7)
Residential property maintenance: sounds produced by the use of lawn
mowers, hedge trimmers, leaf blowers, chain saws, tillers, mulchers,
chippers, and other similar residential power tools and devices used
in the care and maintenance of lawns, yards, and vegetation between
the hours of 7:00 a.m. and sunset.
(8)
Snow removal operations: sounds produced by snowblowers, snow throwers,
and snowplows when used in their customary manner, provided that all
equipment is equipped with exhaust mufflers recommended by the manufacturers
thereof.
(9)
Governmental operations: sounds produced by vehicles, equipment and
machines engaged in the conduct of governmental functions of any federal,
state or local municipal entity.
(10)
Federally preempted activities: sounds produced by activities
which are beyond the jurisdiction of the Village to regulate based
upon the federal interstate commerce clause.
G.
Enforcement.
(1)
This chapter shall be enforced by the Village Code Enforcement Officer
and/or the Hamilton Police Department. Upon the issuance of a citation
for violation of this section, the conduct in violation shall immediately
cease, and the sound permit or sound level variance, as applicable,
shall be deemed to be immediately revoked.
(2)
All persons applying for a sound permit or variance, and all persons
named as a tenant or resident of the subject premises in any such
application, shall be subject to citation or arrest for each violation
of this chapter that occurs upon the premises for which the sound
permit or variance was issued, and all such persons shall be subject
to the penalties provided herein upon conviction. Notwithstanding
the foregoing, and regardless of whether a sound permit or variance
was applied for or issued, all persons creating sound in violation
of this chapter, and all persons who are tenants and/or residents
of the premises upon which any offending sound is created, shall be
subject to citation and/or arrest for violation of this chapter.
(3)
The Village of Hamilton Code Enforcement Officer or Police Department
shall notify the record owner of the property (as listed in the most
recent Village assessment roll and any applicable permit application)
in writing by regular U.S. mail, as soon as practical, of each citation
for a violation of this section that was written by a law enforcement
or code enforcement officer and that the incident will be a factor
for consideration for renewal of a rooming house/boardinghouse permit,
as applicable.
H.
Penalties.
(1)
Any person who violates any provision of this section shall, upon
conviction thereof for a first offense, be deemed guilty of a violation,
punishable by a fine not to exceed $250, 15 days' imprisonment,
or both. In addition, upon such conviction, the convicted person(s)
and the premises upon which said violation occurred shall not be eligible
for the issuance of a sound permit or sound level variance for a period
of three months following the date of the conviction.
(2)
Upon conviction of any subsequent violation within six months of
a previous violation, such person shall be deemed guilty of an unclassified
misdemeanor, punishable by a fine not to exceed $1,000, 30 days'
imprisonment, or both. In addition, upon such subsequent conviction,
the convicted person(s) and the premises upon which said violations
occurred shall not be eligible for the issuance of a sound permit
or sound level variance for a period of six months following the date
of the second conviction.
No person shall throw sticks, stones or any
other material or substance into the culvert or raceway leading from
Woodman's Pond under the feeder or in any water that flows into the
same or in any waterway or watercourse owned or used by the water
works system of the Village of Hamilton, New York, or in any other
waterway or watercourse of said Village.
