This chapter shall be known and may be cited as the "Noise Ordinance of the Town of Southeast, New York."
The purpose of this chapter is to prevent the generation of excessive, unnecessary or unusually loud noise within the Town of Southeast, for the purpose of preserving, protecting and promoting the public health, comfort, convenience, safety, welfare, and prosperity of its inhabitants.
This chapter regulates and restricts the generation of noise within the Town of Southeast outside the limits of the Incorporated Village of Brewster.
Certain words used in this chapter are defined and explained in definitions which follow, and the other words in this chapter shall have the meanings commonly attributed to them. Doubts as to the precise meaning of words in this chapter shall be determined by the Code Enforcement Officer, in a written letter, giving due consideration to the expressed intent and purpose of the chapter.
For the purpose of this chapter, the following definitions shall apply:
- A-WEIGHTED SOUND LEVEL
- The sound pressure level measured with a meter using an "A-Weighted" frequency response as prescribed by the American National Standards Institute (ANSI), or its successor. A-Weighting is used to approximate the average human ear's response to a range of sound frequencies.
- AMBIENT NOISE
- The background average noise level within an area exclusive of any extraneous sounds.
- AUTHORIZED EMERGENCY VEHICLE
- Every ambulance, police, fire or civil defence emergency vehicle.
- The checking of the calibration of the microphone and electronics of a sound level measuring device using an appropriate calibrator traceable to National Institute of Standards and Technology (NIST) criteria.
- CLASS A (RESIDENTIAL)
- Lands and structures which are used by people for living and sleeping overnight on a regular basis. This class shall include lands within the RMF, R-20, R-40, R-60, R-80, R-160, and LTW Zoning Districts.
- CLASS B (RETAIL/COMMERCIAL)
- Lands intended primarily for retail and commercial uses. "Class B" shall include lands within the RC, NB-1, NB-2, GC-1, GC-2, HC-1, and RT22 Zoning Districts.
- CLASS C (OFFICE/WAREHOUSE/LIGHT INDUSTRIAL)
- Lands intended primarily for office, warehouse, and light industrial uses. "Class C" shall include lands within the ED, OP-1, OP-2, and OP-3 Zoning Districts.
- COMMERCIAL OPERATION
- Any business or commercial activity that involves the purchase or utilization of goods or services.
- Any activity necessary or incidental to the erection, demolition, assembly, alteration, or equipping of buildings, public or private highways, roads, premises parks, utility lines or other property.
- CONSTRUCTION ACTIVITY
- Any activity necessary or incidental to the erection, demolition,
assembly, alteration, or equipping of buildings, public or private
highways, roads, premises, parks, utility lines or other property.[Added 6-4-2015 by L.L. No. 5-2015]
- CONSTRUCTION WORK
- All work performed by one or more employees and/or independent
contractors pursuant to an oral or written agreement for compensation
and involving the construction, reconstruction, demolition or removal
of buildings or major repairs to buildings, the excavation, clearing,
filling or grading of land or the placement or removal of earth, stone
or building material of any kind, whether or not the work involves
the use of machinery or power tools. The term "construction work"
shall not mean the performance of necessary emergency repairs.[Added 6-4-2015 by L.L. No. 5-2015]
- CONTINUOUS SOUND
- Any sound that is not an impulsive sound.
- From 7:00 a.m. to 8:00 p.m.
- The abbreviation for A-weighted sound level in decibels.
- Any machine, mechanism, or equipment which is intended to or which actually produces sound or vibration.
- DISCRETE TONE
- A sound wave whose instantaneous sound pressure varies essentially as a simple sinusoidal function of time. Such sound wave may exist alone or as a component of a complex sound wave.
- A public calamity, utility services failure, or an exposure of any person or property to actual or immediate danger.
- EMERGENCY OPERATIONS
- The operation or parking of an authorized emergency vehicle, when such vehicle is engaged in response to an emergency. "Emergency operations" shall not include return from such service.
- EMERGENCY WARNING DEVICE
- Any sound-generating device that is designed to be used to warn of an emergency.
- EMERGENCY WORK
- The work or activity that is necessary to prevent or recover from an emergency, including but not limited to, work to repair electric, gas, water, sewer, or telephone services.
- EQUIVALENT SOUND PRESSURE LEVEL (Leq)
- The steady sound level that, over a specified period of time, would produce the same energy equivalence as the fluctuating sound level actually occurring.
- FAST RESPONSE
- The characteristics of a sound level meter which allows for accurate measurement of impulsive sound such as horn blasts, firearm discharge or vehicle pass-by.
- GENERATING LAND
- The land whereon the sound is being generated or emitted.
- IMPULSIVE SOUND
- A sound characterized by excursions of the sound pressure which exceed the ambient sound, by six or more decibels, but last two seconds or less.
- INDUSTRIAL OPERATION
- The production, fabrication, and storage of manmade goods, and the production, transformation and storage of energy in all forms.
- See "equivalent sound pressure level".
- The Leq noise level for a specific one-hour period.
- MAXIMUM SOUND LEVEL
- The recorded or noted maximum RMS (root-mean-square) sound pressure level noted using an instrument which meets the requirements of the ordinance.
- From 8:01 p.m. to 6:59 a.m.
- Any person who has regular control of a device or site, including, but not limited to, the owner freehold of the premises or lesser estate therein, or an agent of such person.
- 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 whatsoever.
- PUBLIC HIGHWAY
- Any highway, road, street, avenue, alley, public driveway, or any other public way.
- PUBLIC PLACE
- Any real property or structures thereon which are owned or controlled by a governmental entity.
- REAL PROPERTY BOUNDARY
- An imaginary line exterior to any structure, along the ground surface, which separated the real property owned by one person from that owned by another person, and the vertical extension of such line.
- RECEIVING LAND
- The property line of the real property where the sound is being heard, and where appropriate level of restrictions apply. In the case of an apartment, townhouse, or condominium, the point-of-measurement is within the affected unit.
- SOUND LEVEL
- The quantity, in decibels, measured using an instrument satisfying the requirements of ANSI S1.4-1983 (R2006). "Sound level" is the frequency-weighted (see "A-weighting") 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, in an analog or digital form. An instrument meeting the requirements of this code shall conform to the requirements of ANSI S1.4-1983 (R2006), Type 1 or Type 2.