[HISTORY: Adopted by the Board of Trustees
of the Village of Montgomery 5-18-2021 by L.L. No. 2-2021.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 77,
Noise, adopted 12-2-1968, as amended.
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:
Noise of a measurable intensity that exists at a point as
a result of a combination of many distant sources individually indistinguishable.
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.
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.
Any equipment or device operated by fuel or electric power
used in construction or demolition work.
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.
A logarithmic unit of measure used in measuring magnitudes
of sound, the symbol for which is dB.
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
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.
Any occurrence or set of circumstances in solving actual
or imminent physical trauma or property damage that demands immediate
action.
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.
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.
New Year's Day, Presidents' Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay.
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.
A device for abating sounds such as escaping gases.
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.
Any sound, the intensity of which exceeds the standards set forth in § 77-5B of this chapter.
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.
Any internal combustion engine powered vehicle that is being
used for recreational purposes.
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.
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.
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.
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.
Any street, avenue, boulevard, highway, sidewalk, alley,
park, waterway, railroad or similar place that is owned or controlled
by a governmental entity.
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.
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.
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.
The sound pressure level measured in decibels with a sound-level
meter set to A-weighting, expressed in dB(A).
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.
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.
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.
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.
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.Â
All personnel conducting sound measurements shall be trained in the
current techniques and principles of sound-measuring equipment and
instrumentation.
B.Â
Instruments used to determine sound-level measurements shall conform
to the sound-level meters as defined by this chapter.
C.Â
The general steps listed below shall be followed when preparing to
take sound-level measurements:
(1)Â
The instrument manufacturer's specific instructions for the
preparation and use of the instrument shall be followed.
(2)Â
The sound-level meter shall be calibrated before and after each set
of measurements.
(3)Â
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)Â
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)Â
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.Â
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.Â
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.
A.Â
It shall be unlawful for any person to emit or cause to be emitted
any noise beyond the boundaries of his/her premises in excess of the
noise levels established in this chapter.
B.Â
Noise level standards.
(1)Â
No person in a residential zone shall emit noise beyond the boundaries
of his/her premises exceeding the levels stated herein and applicable
to adjacent residential, business and industrial zones:
|
Receptor's Zone
| ||||
|---|---|---|---|---|
|
Emitter's Zone
(dBA)
|
Industrial
(dBA)
|
Business
(dBA)
|
Residential (day)
(dBA)
|
Residential (night)
(dBA)
|
|
Residential
|
62
|
55
|
55
|
45
|
|
Business
|
62
|
62
|
55
|
45
|
|
Industrial
|
70
|
66
|
61
|
51
|
C.Â
High background noise levels and impulse noise.
(1)Â
In those individual cases where the background noise levels caused
by sources not subject to these regulations exceed the standards contained
herein, a source shall be considered to cause excessive noise if the
noise emitted by such source exceeds the background noise levels by
five dBA, provided that no source subject to the provisions of this
chapter shall emit noise in excess of 80 dBA at any time, and provided
that this section does not decrease the permissible levels of other
sections of this chapter.
(2)Â
No person shall cause or allow the emission of impulse noise in excess
of 80 dB peak sound pressure level during the nighttime to any residential
noise zone.
(3)Â
No person shall cause or allow the emission of impulse noise in excess
of 100 dB peak sound pressure level at any time to any zone.
D.Â
Exclusions. These levels shall not apply to noise emitted by or related
to:
(1)Â
Natural phenomena.
(2)Â
Any bell or chime from any building clock, school or church.
(3)Â
Any siren, whistle or bell lawfully used by emergency vehicles or
any other alarm systems used in an emergency situation; provided,
however, that burglar alarms not terminating within 15 minutes after
being activated shall be unlawful.
(4)Â
Warning devices required by the Occupational Safety and Health Administration
or other state or federal safety regulations.
E.Â
Exemptions. The following shall be exempt from these regulations,
subject to special conditions as spelled out:
(1)Â
Noise generated by any construction equipment that is operated during daytime hours, provided that the operation of construction equipment during nighttime hours shall not exceed the maximum noise levels as specified in § 77-5B.
(2)Â
Noise created as a result of or relating to an emergency.
(3)Â
Noise from domestic power equipment, such as but not limited to power
saws, sanders, grinders, lawn and garden tools or similar devices
operated during daytime hours.
(4)Â
Noise from snow removal equipment.
(5)Â
Noise from demolition work conducted during daytime hours, provided
that when considered emergency work, demolition shall be exempted
at all times from the noise levels set in this regulation.
(6)Â
Noise created by any aircraft flight operations that are specifically
preempted by the Federal Aviation Administration.
(7)Â
Noise created by any recreational activities that are permitted by
law and for which a license or permit has been granted by the Village,
including, but not limited to, parades, sporting events, concerts
and fireworks displays.
(8)Â
Noise created by blasting, other than that conducted in connection
with construction activities, shall be exempt, provided that the blasting
is conducted between 8:00 a.m. and 5:00 p.m. local time at specified
hours previously announced to the local public, or provided that a
permit for such blasting has been obtained from local authorities.
(9)Â
Noise created by refuse and solid waste collection, provided that
the activity is conducted during daytime hours.
(10)Â
For sound reproduction devices used in connection with weddings or similar events on any property used for residential purposes, sound levels in excess of those permitted in this chapter are allowed, provided that such sound levels do not exceed 65 dB(A) on any property used for residential purposes within any residential zoning district and provided that sound levels in excess of those permitted in § 77-5A cease by 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday nights and by 12:30 a.m. on Saturday or Sunday mornings.
(11)Â
Sounds connected with activities and equipment of the Village of
Montgomery Public Works Department and the Police Department are exempted
from the limitations of this chapter.
The following activities are prohibited:
A.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.
A.Â
Air-conditioning and air-handling equipment. No person shall or no
owner or occupant of any premises shall operate or permit to be operated
or use or cause to be operated an air-conditioning or air-handling
device that produces a sound level greater than 55 dB(A) on any other
property used for residential purposes within any residential zoning
district. However, this limitation shall not apply to property operating
air-conditioning equipment installed in residential zoning districts
prior to enactment of this chapter.
B.Â
Construction activities. Any building or construction activity, including
the clearing and removal of trees or other site preparation work that
is audible outside of a building or structure, is permitted only as
follows:
C.Â
Domestic tools and equipment; vehicle repair.
(1)Â
In addition to the restrictions of § 77-6, no person shall or owner or occupant of any premises shall operate or permit or use or cause to be operated any hand tool or power tool or equipment, including but not limited to, saws, hammers, sanders, drills, grinders, lawn or garden tools, mowers, tractors, chain saws, leaf blowers or gatherers or similar devices or wood chippers of any kind, or cause or permit vehicle repair or engine tune-up activities so as to create noise in excess of the following limits. This prohibition includes equipment used by lawn care or landscape services.
(2)Â
Noise levels from domestic tools and equipment and from vehicle repair
during daytime hours, Monday through Friday, except holidays, and
9:00 a.m. to sundown, Saturday, Sunday and holidays, shall not be
restricted by this subsection. At all other times, such noise levels
shall not exceed 45 dB(A) on any other property used for residential
purposes within any residential zoning district.
(3)Â
However, use of snow blowers, 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 48 hours
after snowfalls, rainstorms, ice storms, windstorms or similar emergencies.
D.Â
Noise from sound reproduction devices in motor vehicles.
(1)Â
Noise levels from sound reproduction devices emanating from motor
vehicles during daytime hours shall not exceed 60 decibels as measured
from the nearest curb or edge of roadway nor shall such noises be
audible more than 50 feet from the motor vehicle from which the noise
emanates. During nighttime hours, such noise levels shall not exceed
45 decibels as measured from the nearest curb or edge of roadway nor
be audible more than 25 feet from the motor vehicle from which the
noise emanates.
(2)Â
Nothing herein shall be deemed to apply to noise emanating from the
operation of motor vehicles on public highways, which is regulated
by the New York State Vehicle & Traffic Law; nor shall it be deemed
to apply to equipment operation used in connection with the operation
of motor vehicles, such as mufflers and horns, which are further regulated
by the New York State Vehicle & Traffic Law; nor shall this subsection
be deemed to apply to motor vehicles regulated by the Federal Noise
Control Act of 1972.
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.
A.Â
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Trustees shall have the power, in passing upon a petition for a variance duly made pursuant to Subsection E by owners of properties with nonresidential uses that would be in violation of other subsections of this chapter, to vary or modify the application of any of the regulations or provisions of this chapter so that the spirit of this chapter shall be observed, public health, safety and welfare secured and substantial justice done.
B.Â
No variation or adjustment in the strict application of any regulations
or provisions of this chapter shall be granted by the Board of Trustees
unless it finds that:
(1)Â
The applicant has demonstrated good and sufficient cause for the
granting of a variance. Such demonstration shall be founded upon a
fair consideration of the circumstances presented pertinent to the
petition, including but not limited to:
(a)Â
The social utility of the use or activity for which a variance
is sought.
(b)Â
The nature and degree of the variance from prescribed standards
that result from such use or activity.
(c)Â
The impact of such use or activity on other residents and properties.
(d)Â
The nature and cost of available measures that may be taken
to mitigate the impact of such use or activity.
(2)Â
There are unique or special circumstances or conditions, fully described
in the findings of the Board of Trustees, applying to the activity
or the use of land, property or facilities for which the variance
is sought that warrants the granting of a variance on the ground of
practical difficulty or unnecessary hardship.
(3)Â
The granting of a variance is necessary to enable the applicant to
conduct the activity or use for which a variance is sought without
unreasonable burden or restriction, and the variance as granted by
the Board of Trustees is the minimum adjustment that will accomplish
such purpose.
(4)Â
The granting of the variance will be in harmony with the general
purposes and intent of this chapter, will not be injurious to the
community or any neighborhood or otherwise detrimental to the public
health, safety, or welfare and will not be in conflict with other
laws or inconsistent with the Comprehensive Plan of the Village.
C.Â
The Board of Trustees, in passing upon a petition for a variance
under this chapter, may limit the effective period of any variance
granted and may impose upon the grant or operation of any variance
such conditions in furtherance of the public interest as the Board
of Trustees finds necessary or appropriate.
D.Â
The Board of Trustees shall retain continuing jurisdiction over and with respect to any variance granted under this chapter, and it shall have the fullest powers and authority allowed by law to review, re-hear, modify, reverse or annul, for good cause shown, any order, resolution, decision or determination made with respect to a petition for or the granting of a variance under this chapter. No such review, reconsideration or action shall be taken except upon and after notice and a hearing as provided in Subsections F and G.
E.Â
All such appeals shall be in writing and each appeal or application
shall refer to the specific provisions of this chapter and shall exactly
set forth the details of the variance that is applied for and the
grounds on which it is claimed that the same should be granted. Any
petition for a variance shall also identify all practical steps that
have been taken or that are proposed to be taken by the applicant
to reduce noise.
F.Â
Notice of hearing. Notice of any hearing shall be published by the
Board of Trustees in the official newspaper at least five days prior
to the date of the hearing. Notice of the hearing shall also be mailed
by the Board of Trustees to the parties at least five days before
such hearing. The applicant shall mail, by certified mail, notice
of the hearing to all abutting property owners and to all owners of
property situated directly across a street from the property affected
by such appeal. Proof of such mailing shall be submitted to the Board
of Trustees by the applicant prior to the hearing. The applicant shall
be responsible for the cost of publication and mailing of such notice.
G.Â
Hearing. The Board of Trustees shall conduct a public hearing on
any applications made pursuant to this chapter. At such public hearings
all those present and wishing to be heard shall be given an opportunity
to be heard.
H.Â
For a period of 90 days after this chapter becomes effective, a properly
filed application for a variance shall exempt the applicant from the
specific provisions of this chapter from which a variance is being
sought, from the date of filing of the application until the Board
of Trustees has ruled on the application.
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.
A.Â
For the purpose of determining compliance with the provisions of
this chapter, the Police Department and building or code enforcement
officials of the Village of Montgomery or other officials designated
by the Board of Trustees are hereby authorized to make inspections
of all noise sources and to take measurements and make tests whenever
necessary to determine the quantity and character of noise. In the
event that any person refuses or restricts entry and free access to
any part of a premises or refuses inspection, testing or noise measurement
of any activity, device, facility or process where inspection is sought,
the Police Department or building or code enforcement officials of
the Village of Montgomery or other officials designated by the Board
of Trustees, may seek from the appropriate court a warrant, without
interference, restriction or obstruction, at a reasonable time, for
the purpose of inspecting, testing or measuring noise.
B.Â
It shall be unlawful for any person to refuse to allow or permit
the Police Department or building or code enforcement officials of
the Village of Montgomery or other officials designated by the Board
of Trustees, free access to any premises when the Police Department
or building or code enforcement departments of the Village of Montgomery
is acting in compliance with a warrant for inspection and order issued
by the appropriate court.
C.Â
It shall be unlawful for any person to violate the provisions of
any warrant or court order requiring inspection, testing or measurement
of noise sources.
D.Â
No person shall hinder, obstruct, delay, resist, prevent in any way,
interfere or attempt to interfere with any authorized person while
in the performance of his/her duties under this chapter.
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.
