This chapter shall be known as the "Village of Montgomery Noise
Control Law."
It is hereby declared the policy of the Village of Montgomery
to safeguard the right of its residents within the privacy of their
homes to be free from intrusive and 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 effected parties. However, to resolve remaining problems of
noise which are disturbing to others, it is the policy of the Village
of Montgomery to establish standards, variance procedures, enforcement
procedures and penalties.
As used in this chapter, the following terms and phrases shall
have the following meanings:
AMBIENT NOISE or BACKGROUND NOISE
Noise of a measurable intensity that exists at a point as
a result of a combination of many distant sources individually indistinguishable.
BUSINESS ZONE
B-1 and B-2 Districts as set forth in §
122-6B of the Code of the Village of Montgomery and all uses associated therewith either permitted as of right or as a special use.
CONSTRUCTION
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition, for or of
public or private rights-of-way, structures, utilities or similar
property.
CONSTRUCTION EQUIPMENT
Any equipment or device operated by fuel or electric power
used in construction or demolition work.
DAYTIME HOURS
The hours between 8:00 a.m. and 9:00 p.m., Monday through
Saturday, and the hours of 9:00 a.m. and 9:00 p.m. on Sundays.
DECIBEL
A logarithmic unit of measure used in measuring magnitudes
of sound, the symbol for which is dB.
DEMOLITION
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
DOMESTIC POWER EQUIPMENT
Not limited to power saws, drills, grinders, lawn and garden
tools and other domestic power equipment intended for use in residential
areas by a homeowner.
EMERGENCY
Any occurrence or set of circumstances in solving actual
or imminent physical trauma or property damage that demands immediate
action.
EMERGENCY VEHICLE
Any motor vehicle authorized by the Village of Montgomery
to have sound warning devices, such as sirens and bells, that can
lawfully be used when responding to an emergency.
EMERGENCY WORK
Work made necessary to restore property to a safe condition
following an emergency or work required to protect persons or property
from exposure to imminent danger.
HOLIDAYS
New Year's Day, Presidents' Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
IMPULSE NOISE
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay.
INDUSTRIAL ZONE
I-1 and I-2 Districts as set forth in §
122-6B of the Code of the Village of Montgomery and all uses associated therewith either permitted as of right or as a special use.
MUFFLER
A device for abating sounds such as escaping gases.
NIGHTTIME HOURS
The hours between 9:00 p.m. and 8:00 a.m. Sunday evening
through Saturday morning and the hours of 9:00 p.m. Saturday through
9:00 a.m. Sunday.
NOISE
Any sound, the intensity of which exceeds the standards set forth in §
77-5B of this chapter.
NOISE LEVEL
The sound pressure level as measured with a sound level meter
using the A-weighting network. The level so read is designated dB(A)
or dBA.
NONRESIDENTIAL ZONING DISTRICT
Any zoning district that is not a residential zoning district.
Nonresidential zoning districts include B-1, B-2, I-1 and I-2 zoning
districts.
PERSON
Any individual, firm, partnership, syndicate, company, trust,
corporation, municipality, agency or political or administrative subdivision
of the state or other legal entity of any kind.
PREMISES
Any building, structure, land or portion thereof, including
all appurtenances, and shall include yards, lots, courts, inner yards
and real properties without buildings or improvements owned or controlled
by a person. The emitter's premises include contiguous publicly
dedicated street and highway rights-of-way, all road rights-of-way
and all waters of the state.
PROPERTY LINE
That real or imaginary line along the ground surface that
separates real property owned or controlled by a person from contiguous
real property owned or controlled by another person and separates
real property from the public right-of-way.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk, alley,
park, waterway, railroad or similar place that is owned or controlled
by a governmental entity.
RESIDENTIAL ZONE
Those residential districts set forth in §
122-6A of the Code of the Village of Montgomery as R-2, RA-3, R-4, R-4A, R-5, R-6 and RM-1 and all uses associated therewith either permitted as of right or as a special use.
RESIDENTIAL ZONING DISTRICT
Any zoning district in which one-family detached dwellings
or one-family, two-family and multifamily dwellings are permitted
principal uses, including zoning districts R-2, RA-3, R-4, R-4A, R-5,
R-6 and RM-1.
SOUND
A transmission of energy through solid, liquid or gaseous
media in the form of vibrations which constitute alterations in pressure
or position of particles in the medium and which, in air, evoke physiological
sensations, including, but not limited to, an auditory response when
impinging on the ear.
SOUND LEVEL
The sound pressure level measured in decibels with a sound-level
meter set to A-weighting, expressed in dB(A).
SOUND PRESSURE LEVEL
Twenty times the logarithm to the base 10 of the ratio of
the pressure of a sound to the reference pressure of 20 micronewtons
per square meter (20 x 10 Newtons/meter), and is expressed in decibels
dB.
SOUND REPRODUCTION DEVICE
Any electronic or electrical device that is used for the
production of sound, including, but not limited to, any loudspeaker,
radio, television, tape recorder, phonograph or any other sound-amplifying
equipment.
SOUND-LEVEL METER
An instrument for the measurement of sound levels that conform
to Type 1 or Type 2 standards under ANSI specifications S1.4-1971
or the latest approved revision thereof.
UNREASONABLY INTRUSIVE
Any sound that either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of a reasonable person
of normal sensitivities under the circumstances.
ZONING DISTRICT
Any zone as defined in the Zoning Law of the Village of Montgomery.
For the purposes of determining noise levels as set forth in
this chapter, the following guidelines shall be applicable:
A. All personnel conducting sound measurements shall be trained in the
current techniques and principles of sound-measuring equipment and
instrumentation.
B. Instruments used to determine sound-level measurements shall conform
to the sound-level meters as defined by this chapter.
C. The general steps listed below shall be followed when preparing to
take sound-level measurements:
(1) The instrument manufacturer's specific instructions for the
preparation and use of the instrument shall be followed.
(2) The sound-level meter shall be calibrated before and after each set
of measurements.
(3) When measurements are taken out of doors, a wind screen shall be
placed over the microphone of the sound-level meter as per the manufacturer's
instructions.
(4) The sound-level meter shall be placed at an angle to the sound source
as specified by the manufacturer's instructions and at least
four feet above the ground. It shall be so placed as not to be interfered
with by individuals conducting the measurements.
(5) Measurements shall be taken at the point that is located about one
foot beyond the boundary of the emitter's premises. The emitter's
premises include his/her individual unit of land or group of contiguous
parcels under the same ownership as indicated by public land records.
D. No person shall or no owner or occupant of any premises shall operate
or use or cause to be operated in the Village of Montgomery any sound
source that produces a sound level exceeding the limitation in this
chapter. The measurement of any sound or noise shall be made with
a sound-level meter using the A-weighted scale and slow response except
for sounds or noises which occur in single or multiple bursts with
a duration of less than one second for which fast response shall be
used. The sound level determination or measurement shall be conducted
not nearer to the sound source than the closest property line of the
parcel on which such noise is generated, except where otherwise specified,
and in no case on public or private streets. When the determination
or measurement is made for a dwelling unit of a multiple-dwelling
unit building as the receiving property, all exterior doors and windows
of the dwelling unit shall be closed and the determination or measurement
shall be taken in the center of the room.
E. Customary residential activities. Customary residential activities
on properties within any residential zoning district, including social
gatherings, deliveries of residential heating oil and pickup of residential
garbage, as well as permitted agricultural activities, shall not be
regulated by this chapter, except for specific activities or noise
sources that are subject to and governed by this chapter and set forth
specifically herein.
F. Other activities. Noise produced by other activities on properties within any residential or nonresidential zoning district shall not exceed the noise level standards in §
77-5.
The following activities are prohibited:
A. Vehicle horns. No person shall at any time sound any horn or other
audible signal device of a motor vehicle unless it is necessary as
a warning to prevent or avoid a traffic accident.
B. Truck idling. No person shall operate an engine or any standing motor
vehicle with a weight in excess of 10,000 pounds manufacturer's
gross vehicle weight (GVW) for a period in excess of 10 minutes when
such vehicle is parked on residential premises or on a Village street
next to a residential premises.
C. Exhaust discharge. No person shall discharge into the ambient air the blow-down of any steam vent or the exhaust of any stationary internal combustion engine or air compressor equipment, unless such discharge be through a muffler as defined in §
77-3 of this chapter or through an apparatus providing equal noise reduction.
D. Burglar alarms. Sound from an exterior burglar alarm of any building
or motor vehicle shall terminate within 15 minutes after it has been
activated.
E. Animals. It shall be unlawful for any owner of or any other person
harboring any animal to permit or allow such animal while in the Village
of Montgomery to engage in habitual loud howling or barking that is
unreasonable intrusive. Engaging in habitual loud howling, barking,
whining or causing disturbing noises shall be a violation of this
chapter if the habitual loud howling, barking or whining continues
for a period of 15 minutes in a continuous or substantially continuous
manner, that can be heard by neighboring property owners and that
unreasonably disturbs neighboring property owners.
F. Exhaust and mufflers. No person shall cause or permit the operation
of any device, vehicle, construction equipment or lawn maintenance
equipment, including, but not limited to, any diesel engine, internal
combustion engine or turbine engine that has been modified or become
defective so as to cause the level of sound emitted to be greater
than that emitted as originally manufactured.
No person shall create or cause to be created any unreasonably loud or disturbing noise due to the operation of a recreational vehicle. A noise shall be deemed unreasonably loud and a violation of this chapter when the noise so generated exceeds the noise level standards set forth in §
77-5B for residential zones.
The provisions of this chapter shall in no case remove or render
less restrictive limitations on noise generation or other conditions
imposed for specific properties by actions of the Village of Montgomery
Zoning Board of Appeals or by actions of the Village of Montgomery
Planning Board or required under other applicable laws or regulations.
The provisions of this chapter shall be enforced by the Police
Department of the Village of Montgomery, building or code enforcement
officials of the Village of Montgomery or other officials designated
by the Board of Trustees.
Any person who violates any provision of this chapter shall
be deemed guilty of an offense and, upon conviction thereof, shall
be fined an amount not exceeding $250 for each offense. Each day a
violation continues shall constitute a separate and distinct offense.