Town of Geneva, NY Chapter 106 Noise

[HISTORY: Adopted by the Town Board of the Town of Geneva 9-8-2009 by L.L. No. 4-2009. Amendments noted where applicable.]

GENERAL REFERENCES

Zoning — See Ch. 165

§ 106-1 Title.

This chapter shall be known as "Noise Regulations of the Town of Geneva."

§ 106-2 Purpose.

In order to maintain peace, good order and safety for the people residing in and who are visitors to the Town, this chapter is intended to prevent unreasonably loud or disturbing noises which are of a character, intensity or duration as to be detrimental to the peace, welfare or good order of the people.

§ 106-3 Nighttime hours.

A. Nighttime hours shall be the hours between 10:00 p.m. and 7:00 a.m.

§ 106-4 Definitions; standards for decibel readings.

A. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

AMBIENT NOISE

The background average noise level within an area, exclusive of extraneous sounds.

COMMERCIAL ZONES

The B-1 General Business and B-2 Special Business Districts, as set forth in the Town of Geneva Zoning Law.[1]

CONTINUOUS SOUND

Any sound that is not impulsive.

dBA

The abbreviation for A-weighted sound level in decibels.

FAST RESPONSE

The characteristic of a sound level meter which allows for accurate measurement of impulsive sounds such as a horn blasts, explosive sounds, firearm discharges or passing motor vehicles.

IMPULSIVE SOUND

Characterized by excursions of the sound pressure which exceed the ambient by six or more decibels, but that last two seconds or less.

INDUSTRIAL/AGRICULTURAL OPERATION

The production, fabrication and storage of man-made goods, the production, transformation and storage of energy in all forms, and farm equipment used in farming operations.

INDUSTRIAL/AGRICULTURAL ZONES

The A Agriculture and I-1 Industrial Districts, as set forth in the Town of Geneva Zoning Law.[2]

MAXIMUM SOUND LEVEL

The recorded or noted maximum room-mean-square (RMS) sound-pressure level noted using an instrument which meets requirements. Maximum impulsive sound shall be measured using the fast-response setting. Maximum continuous sound level shall be measured using the slow-response setting.

REAL PROPERTY BOUNDARY

An imaginary line exterior to any structure along the ground surface which separates the real property owned by one person from that owned by another person, and vertical extension of such a line.

RECEIVING LAND

The property line of the real property where the sound is being heard and where appropriate level restrictions apply. In the case of any apartment, townhouse or condominium, the point of measurement is within the affected unit.

RESIDENTIAL ZONES

The R-1 Residence and R-2 Residence Districts, as set forth in the Town of Geneva Zoning Law.[3]

SOUND LEVEL

The quantity in decibels, measured using an instrument (ANSI S1.4-1983). "Sound level" is the frequency-weighted sound-pressure level obtained with fast or slow response.

SOUND LEVEL METER

An instrument designed to detect and measure sound-pressure levels and display this information in decibels, either in analog or digital form (ANSI S1.4-1983, Type 1 or 2).

[1] Editor's Note: See Ch. 165, Zoning.

[2] Editor's Note: See Ch. 165, Zoning.

[3] Editor's Note: See Ch. 165, Zoning.

B. Standards. The following tables set forth the maximum permissible sound levels by a receiving land. Any noise source that produces sound in excess of those levels, as measured within the boundary of the receiving land, shall constitute a violation of this chapter.

(1) Continuous sound: slow-response meter level.

	Land Uses	Maximum Sound at Night (in dBA)
	Residential Zones	65
	Commercial Zones	75
	Industrial/Agricultural Zones	90

(2) Impulsive sound.

(a) Fast-response meter level.

	Land Uses	Maximum Sound at Night (in dBB)
	Residential Zones	85
	Commercial Zones	90
	Agricultural/Industrial Zones	100

(b) With impulsive noise, the following adjustment levels shall apply:

	Repetitions per Hour	Deduction (in dB)
	3 – 10	1
	11 – 20	2
	21 – 60	3
	Over 60	4

(3) Where ambient (background) noise level for receiving land exceeds the standards, the following maximum sound levels shall apply:

(a) Any continuous sound which exceeds the ambient by 10 dB or more.

(b) Any impulsive sound which exceeds the ambient by 20 dB or more.

(4) The above conditions listed in Subsection B(3) shall not apply to noise emanating from agricultural or industrial operations.

§ 106-5 Exceptions.

A. There shall be excepted from compliance with this chapter all vehicles and machinery used in conducting an actual farm operation within the Town of Geneva; vehicles used for delivery of produce, equipment or inventory traveling on state highways or county roads traveling through the Town of Geneva; vehicles and equipment operated by Town of Geneva employees or contractors of the Town in the course of conducting Town business and vehicles and equipment operated by employees of the State of New York; contractors of the State of New York in the course of conducting state business such as snow removal; a business located in a Business Zone (B-1 or B-2); a business located in other zones except when subject to a special use permit; industrial or manufacturing operations when located in an Industrial Zone (A-1); and farming operations.

B. Any person, firm, corporation or party that properly files an operating permit with the Town may be exempt from the provisions for the time period specified in the permit.

§ 106-6 Penalties for offenses; enforcement.

A. Any person, firm, partnership, corporation or other party who violates any provision of this chapter shall be guilty of a violation and subject to a fine of not less than $50 nor more than $100 for the first offense. Any subsequent violation of the provisions of this chapter shall be a violation; and, upon conviction, persons shall be subject to the penalties prescribed in Chapter 1, General Provisions, Article III. The imposition of any such penalty for the violation of this chapter shall not excuse such violation or permit the continuance thereof. The application of the above penalty or penalties for a violation of the provisions of this chapter shall not be held to prevent the removal of conditions prohibited by this chapter by such legal means as may be proper.

B. This chapter shall be administered and enforced by the Ontario County Sheriff's Department, the New York State Police or any law enforcement agency.