Village of Depew, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Depew 5-29-2012 by L.L. No. 3-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 59.
Animals — See Ch. 68.
Building construction and fire prevention — See Ch. 76.
Peace and good order — See Ch. 160.
Peddling and soliciting — See Ch. 164.
Races — See Ch. 176.
Zoning performance standards — See Ch. 260.
[1]
Editor's Note: This local law also repealed former Ch. 148, Noise, adopted 12-27-1971 by L.L. No. 2-1971 as Ch. 68 of the 1971 Code, as amended.
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.
A. 
It shall be unlawful for any person to operate or permit to be operated any noise source in such a manner as to create a sound pressure level in dB(A) which exceeds the limits set forth in Table I when measured at the real property boundary.
TABLE I
Maximum Permissible Sound Levels by Receiving Land Use Category
Receiving Land Use Category (dBA)
Sound Source Land Use Category
Time Period
Residential
Business
Manufacturing
Residential
(First, Second and M-F)
7:00 a.m. to 11:00 p.m.
11:00 p.m. to 7:00 a.m.
105
100
110
105
115
110
Business and manufacturing
7:00 a.m. to 11:00 p.m.
110
115
115
(M1, M2 Zoning)
11:00 p.m. to 7:00 a.m.
105
110
115
B. 
The restrictions set forth in this chapter shall not apply to alarms as defined in § 166-5M of this chapter.
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.
A. 
The use of any sound-producing, sound-reproducing or sound-amplifying device, machinery, domestic equipment, heavy equipment, or engine so as to cause the sound produced thereby to be audible outside the building or beyond the boundary of the property (real and personal) where it originates, between the hours of 11:00 p.m. and 7:00 a.m. the following day, shall be presumptive, prima facie evidence of a violation of this chapter.
B. 
Barking, squawking, whining, neighing or any other domestic animal sound which is audible at a point beyond the real property boundary from which sounds emanates and which continues continuously for 10 minutes or intermittently for over 30 minutes, between the hours of 11:00 p.m. and 7:00 a.m., shall be presumptive, prima facie evidence of a violation of this chapter.
A. 
The following sounds are exempt from the operation of this chapter:
(1) 
Emergency vehicles, such as fire, police or ambulance, while on emergency calls using radios, sirens, horns, bells or whistles.
(2) 
Parades, fireworks displays and/or other special events for which permission has been granted by the Village, within such hours and conditions as may be imposed by the permit.
(3) 
Emergency construction work which is necessary for the protection of life and property.
(4) 
Trains, buses, aircraft or other items of transportation governed by either the state or federal noise regulations.
(5) 
Emergency alarms, such as fire alarms or burglar alarms, prior to a reasonable opportunity for the owner or tenant in possession of the premises served by such alarm to turn off the alarm.
(6) 
Church bells which are to be rung to signal church services.
(7) 
Music in connection with any military, civic or authorized parade, funeral procession or religious ceremony, or any musical performance conducted under a consent of municipal authority.
(8) 
Municipal refuse collection.
(9) 
Activities that are governed, authorized, or permitted under state or federal regulations.
(10) 
Routine maintenance activities on all Village-owned facilities, such as parks, community centers, playgrounds and golf courses.
B. 
It is the intention of the Village Board that this chapter, while in addition to and supplementing the federal and state regulations, be construed to secure for the people freedom from unlawful noise as described herein, without violating any of the rights secured by the Constitution of the State of New York.
The provisions of this chapter shall not apply to police officers and firemen while in the discharge of duty.
A. 
Any person seeking a variance pursuant to this chapter shall file an application for a permit with the Village Board. The application shall consist of a letter signed by the applicant and containing a legal form of verification. Such letter shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. In addition, the following information shall be provided:
(1) 
The plan, specifications and other information pertinent to such sources.
(2) 
The characteristics of the sound emitted by the source, including but not limited to the sound levels, the presence of impulsive sounds and the hours during which such sound is generated.
(3) 
The noise abatement and control methods used to restrict the emission of sound.
B. 
The Village Board, upon receipt of such application and upon payment of any fee which shall be required by the resolution of the Village Board, shall set the matter down for a public hearing to be held within 30 days from the date the application is submitted. The Village Board shall cause publication of such public hearing to be given in the official newspapers of the Village in the same manner as an application to the Zoning Board of Appeals is published. The applicant, in like manner, shall give notice of the application by certified mail to all property owners surrounding the sound source site within a radius of 200 feet from the borders of said site.
C. 
In determining whether to grant or deny the application for a permit, the Village Board shall balance the hardship to the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on the property affected and any other adverse impacts of granting the special permit.
D. 
The Village Board shall have the power to impose restrictions, conditions and the recording of covenants upon any sound source site, including time limits on permitted activity, in the event that it shall grant any permit hereunder.
E. 
The Village Clerk shall notify appropriate Village departments of the granting of variances and restriction imposed by the Village Board.
A. 
A sound level meter conforming to ANSI (American National Standards Institute) Type II Standards shall be used and shall be calibrated prior to use. The calibrator shall be calibrated at least annually. The Building Inspection Department and/or the Police Department of the Village of Depew shall operate, witness and read the sound-level meter(s) and related equipment. The wind velocity gauge shall confirm to accepted standards and shall be checked periodically for accuracy.
B. 
Court appearance tickets shall be issued by the Building Inspection Department or Police Department.
A. 
Any person who violates any portion of this chapter or harbors or owns any animal which creates a violation of this chapter shall be guilty of a violation and, upon conviction, shall be punished by a fine not exceeding $250 or by imprisonment for a period not in excess of 15 days, or by both such fine and imprisonment.
B. 
The owner of any property and any person in control thereof when anything in violation of this chapter shall occur shall be guilty of a separate violation and, upon conviction thereof, shall be fined or imprisoned as herein provided.
C. 
Unless otherwise provided, each day a violation occurs shall be deemed a separate violation for purposes of this chapter.
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.