[HISTORY: Adopted by the Common Council of the City of Glens
Falls 8-9-2001 by L.L. No. 1-2001. Amendments noted where applicable.]
This chapter is entitled "City of Glens Falls Noise Control
Law."
A.
The City of Glens Falls is a geographically small community located
in Warren County, New York, between the Town of Queensbury to the
north and the Village of South Glens Falls to the south. The City
contains a large business and commercial area, including residential
uses.
B.
The Common Council of the City of Glens Falls recognizes the need
to reasonably regulate noise generated within the City of Glens Falls,
but to do so in a manner that balances the legitimate interests of
various segments of the community, including private residential uses
as well as a variety of business and commercial uses.
C.
It is hereby declared to be the policy of the City of Glens Falls
to control excessive, unnecessary, unreasonable or unusually loud
noise generated by refuse compacting vehicles and/or vehicles. This
chapter is intended to preserve, protect and promote the public health,
safety, welfare, peace and repose of the people of the City of Glens
Falls. It is the policy of the City of Glens Falls that automobile
traffic and solid waste collection within the City may not be conducted
in a manner that detrimentally affects the reasonable use and enjoyment
of the residents of the City of Glens Falls and that excessive, unnecessary,
unreasonable or unusually loud noise resulting from such operation
has a detrimental effect, especially between the hours of 10:00 p.m.
and 7:00 a.m.
[Amended 11-28-2023 by L.L. No. 4-2023]
For the purposes of this chapter, the terms used herein are
defined as follows:
Any act or combination of acts which causes the production
of sound.
All sound sources in the area.
American National Standards Institute or its successor bodies.
A machine capable of playing, reproducing and/or amplifying
speech, including but not limited to a radio, tape player or compact
disc player.
The frequency-weighted sound pressure level (in decibels)
measured on a sound-level meter with an A-weighted scale as specified
in the American National Standards Institute (ANSI) specifications
for solid-level meters (ANSI No. 4-1971).
The abbreviation for A-weighted sound level in decibels.
A unit for measuring the volume of sound equal to 20 times
the logarithm to the base of 10 of the ratio of the pressure of the
sound measured to the reference pressure which is 20 micropascals
(20 micronewtons per square meter).
The logarithm of the ratio of a quantity to a reference of
the same kind. The base of the logarithm is 10.
Any individual, partnership, company, public or private corporation,
association, firm, organization, political subdivision, governmental
agency, administration or department, municipality, trust, estate,
group of individuals or any other legal entity.
Any 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 the vertical extension of such line.
Any vehicle which is either designed to be used or is used
to compact and/or transfer refuse, garbage or trash.
Any occupied property or, if a condominium, apartment house,
duplex or attached business, within any adjoining unit; or place of
business which is affected adversely by noise.
The quantity in decibels measured by a sound-level meter
satisfying the requirements of American National Specification for
Sound-Level Meters S1.4 -- 1971. This publication is available from
the American National Standards Institute, Inc., 1430 Broadway, New
York, New York 10018. Sound level is the frequency-weighted sound-pressure
level obtained with the standardized dynamic characteristic fast or
slow and weighting A, B and C; unless indicated otherwise, the A-weighting
with a slow response is understood.
An instrument, including a microphone, an amplifier, an output
meter and frequent-weighing network for the measurement of sound levels.
Sound-level meters shall conform to the requirements of ANSI specifications
for sound-level meters S1.4-1971, Types 1, 2, S1 or S2a.
Twenty times the logarithm to the base 10 of the ratio of
the root mean squared pressure of a sound to a reference pressure
of 20 micropascals. The unit applied to this measure shall be the
decibel (dB).
The term "vehicle" shall have that meaning ascribed to such
term in § 159 of the Vehicle and Traffic Law, as the same
may be modified and amended, or replaced, provided, however that "vehicle"
shall not include any authorized emergency vehicle or any vehicle
owned or controlled by the City of Glens Falls and operated for the
benefit of the City; such vehicle owned by the City of Glens Falls
includes, but is not limited to, any vehicle engaged in snow removal.
Any act in violation of any of the provisions of this local
law is deemed to be in violation of this chapter.
Nothing in this chapter shall restrict any right which any person
may have under any statute, including but not limited to Environmental
Conservation Law, Vehicle and Traffic Law, Labor Law and the Industrial
Code, or common law, to seek enforcement of any noise-control requirement
or to seek any other relief.
If any provisions of this chapter are held invalid, such invalidity
shall not affect other provisions which can be given effect without
the invalid provisions.
It shall be prima facie evidence that an activity is in violation
of this chapter when a sound-level meter determines that the decibel
level of a particular activity is in excess of the standards hereinafter
set forth.. All measurements will be made on the A-2 weighted sound
level of a Type 0, 1 or 2 sound-level meter with a slow response.
[Amended 11-28-2023 by L.L. No. 4-2023]
The following noise shall be prohibited:
A.
Refuse compacting.
(1)
Commercial.
The operation of a refuse-compacting vehicle in the process of compacting
or collecting refuse contained in a dumpster or similar receptacle
between the hours of 10:00 p.m. and 6:00 a.m.; or
(2)
Residential.
The operation of a refuse-compacting vehicle in the process of compacting
or collecting refuse contained in individual garbage cans between
the hours of 10:00 p.m. and 7:00 a.m.
B.
Between
the hours of 10:00 p.m. and 7:00 a.m., noise should be below 75 dB
as measured from property boundary or public right-of-way, excluding;
sirens, alarms and emergency repair work or other matters related
to public safety or events otherwise permitted by the Common Council.
C.
Between
the hours of 7:00 am to 10:00 p.m.: public disturbance noises such
as loud, raucous, frequent, repetitive, or continuous noise clearly
heard by someone at a distance of 75 feet or more or heard clearly
inside an adjacent building in excess of four hours over any twenty-four-hour
period, excluding noise associated with routine property maintenance
or permitted construction.
A.
No person shall operate, play or permit the operation or playing
of any radio, stereo, sound amplifier, audio device or similar device
from any parked vehicle or vehicle which remains stationary for at
least five minutes, at sound levels which may be heard at a distance
of 150 feet away from the vehicle.
B.
No person may operate, play or permit the operation or playing of
any radio, stereo, sound amplifier, audio device or similar device
from a stationary vehicle.
A.
No person may operate an audio device from any parked motor vehicle
or motor vehicle which remains stationary for at least five minutes
at sound levels which may be heard at a distance of 150 feet away
from the motor vehicle.
B.
No person may operate, play or permit the operation or playing of
any radio, stereo, sound amplifier audio device or similar device
from a stationary vehicle or from a moving vehicle which produces,
reproduces or amplifies sound in a manner which rises the ambient
sound level within the nearest sensitive receptor (measured at the
nearest real property boundary line from the street in cases of a
moving vehicle or stationary vehicle located on a street or measured
at the nearest real property boundary line adjacent to the parcel
of real property on which any parked vehicle is located) to a level
which exceeds:
C.
For purposes of Subsection B, the ambient sound level for a moving vehicle may be determined, but shall not be required to be determined, by causing the vehicle to remain stationary and without adjusting any radio, stereo, sound amplifier or similar device measuring the ambient sound level produced from the stationary vehicle.
[Added 11-28-2023 by L.L. No. 4-2023[1]]
This chapter shall not apply to the operation or use of any
organ, radio, bell, chime or other instrument, apparatus or device
by any church, synagogue, school or government officer or employer
in the course of official duty or to properly functional emergency
and safety alarms sounding off for the protection of public health,
safety and welfare, nor for any events that have been explicitly approved
by the Common Council.
Any person found guilty of violating any of the provisions of
this chapter shall be guilty of a violation and, upon conviction,
shall be punishable by a fine of $250 for the first violation and
$500 for each violation thereafter or by imprisonment for not more
than one month, or both. Each occurrence in contravention of the provisions
of this chapter constitutes a separate violation.
This chapter shall take effect upon filing in the office of
the Secretary of State of the State of New York, as provided in § 27
of the Municipal Home Rule Law.
[Added 11-28-2023 by L.L. No. 4-2023]
A.
It shall
be the duty of the Glens Falls Police Department to enforce the provisions
of this chapter.
B.
If a violation
of this chapter shall occur in the presence of a Glens Falls police
officer, they shall issue an appearance ticket, as set forth in §§ 150.10
to 150.75 of the New York State Criminal Procedure Law, based upon
witnessing the incident or upon a written statement by the complainant.
