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Town of Southeast, NY
Putnam County
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Table of Contents
Table of Contents
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[HISTORY: Adopted by the Town Board of the Town of Southeast 7-29-2010 by L.L. No. 3-2010. Amendments noted where applicable.]
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.
A. 
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.
B. 
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 defense emergency vehicle.
[Amended 4-21-2022 by L.L. No. 2-2022]
CALIBRATION
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, RC-2, NB, GC, HC, SR-6 and SR-22 Zoning Districts.
[Amended 4-21-2022 by L.L. No. 2-2022]
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.
CONSTRUCTION
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 shall include 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" shall not mean the performance of necessary emergency repairs.
[Amended 4-21-2022 by L.L. No. 2-2022[1]]
CONTINUOUS SOUND
Any sound that is not an impulsive sound.
DAYTIME
From 7:00 a.m. to 8:00 p.m.
DBA
The abbreviation for A-weighted sound level in decibels.
DEVICE
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.
EMERGENCY
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.
L1
The sound pressure level that is exceeded 1% of the time during the measurement period.
[Added 4-21-2022 by L.L. No. 2-2022]
LEQ
See "equivalent sound pressure level".
LEQ(1hr)
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.
(1) 
Maximum impulsive sound level shall be measured using the "fast response" setting.
(2) 
Maximum continuous sound level shall be measured using the "slow response" setting.
NIGHTTIME
From 8:01 p.m. to 6:59 a.m.
NOISE DISTURBANCE
Any sound which:
[Added 4-21-2022 by L.L. No. 2-2022]
(1) 
Is of a kind or nature that has the reasonable possibility of endangering or injuring the safety or health of humans or animals; or
(2) 
Intends to cause public inconvenience, annoyance or alarm that a person of normal sensitivities would not tolerate; or
(3) 
Endangers or injures personal or real property.
OUTDOOR AMPLIFIED NOISE
Any sounds that are projected mechanically or electronically from a property to other properties, including announcements, music, or entertainment.
[Added 4-21-2022 by L.L. No. 2-2022]
OWNER
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.
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.
PLAINLY AUDIBLE
Any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is outdoor amplified noise from a home stereo system, the Code Enforcement Officer or responding law enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic base component of the noise is sufficient to constitute a plainly audible sound.
[Added 4-21-2022 by L.L. No. 2-2022]
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") or one-third-octave band sound pressure level obtained with "fast" or "slow" response.
[Amended 4-21-2022 by L.L. No. 2-2022]
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.
UNREASONABLE NOISE
Any sound which by reason of its duration, intensity, or the hour of the day or night inappropriately interferes with the quiet enjoyment and repose of nearby properties and the reasonable expectations of privacy of inhabitants of such properties as determined by the Code Enforcement Officer or responding law enforcement officer. Any sound that exceeds the noise thresholds of this chapter shall be considered unreasonable noise.
[Added 4-21-2022 by L.L. No. 2-2022]
[1]
Editor's Note: This local law also repealed the former definitions of "construction activity" and "construction work," both added 6-4-2015 by L.L. No. 5-2015, which immediately followed this definition.
[Amended 9-27-2012 by L.L. No. 9-2012; 6-4-2015 by L.L. No. 5-2015; 4-21-2022 by L.L. No. 2-2022[1]]
[1]
Editor's Note: This local law also repealed former Art. III, Motor Vehicles; Penalty, which immediately followed this article, and incorporated the contents thereof as §§ 96-9 and 96-10 into this article.
It shall be unlawful for the owner or occupant of any parcel of land to create or permit the creation of unreasonable noise or sound which exceeds the levels shown on the following table for receiving land use:
A. 
Continuous sound. Maximum sound level in dBA, slow response receiving land use category:
Class
Day
Night
Class A (Residential)
65
55
Class B (Retail/commercial)
70
60
Class C (Office/warehouse/light industrial)
80
70
B. 
Impulsive sound. Maximum sound level in dBA, fast response receiving land use category:
Class
Day
Night
Class A (Residential)
75
65
Class B (Retail/commercial)
80
70
Class C (Office/warehouse/light industrial)
90
80
C. 
With impulsive noise, the following adjustment in the allowable maximum levels shall apply:
(1) 
From three to 10 repetitions per hour, deduct one dBA.
(2) 
From 11 to 20 repetitions per hour, deduct two dBA.
(3) 
From 21 to 60 repetitions per hour, deduct three dBA.
(4) 
For over 60 repetitions per hour, deduct four dBA.
D. 
General conditions.
(1) 
For the purposes of evaluating § 96-5A and B above, sound levels shall be determined at the property line of the lot from which the noise is emitted. Sound measurements shall be taken at the property line for twenty-minute durations. The calculated time-weighted one-hour average [Leq(1hr)] shall be the measurement parameter used to identify any violations of these subsections.
(2) 
In the event that the background noise (ambient) level for a given land use exceeds the standards above, the following maximum sound levels, measured using the criteria above, shall apply:
(a) 
Any continuous sound which exceeds the ambient by five dBA or more.
(b) 
Any impulsive sound which exceeds the ambient by 10 dBA or more, with the above adjustment applied.
E. 
Plainly audible unreasonable noise prohibited. Notwithstanding the above, no person shall make, cause, allow, or permit to be made any plainly audible unreasonable noise within the geographical boundaries of the Town except as otherwise provided herein. The standards to be considered by the Code Enforcement Officer or responding law enforcement officer in determining whether a plainly audible unreasonable noise exists include the following:
(1) 
The volume of the noise;
(2) 
The frequency of the noise;
(3) 
The periodicity of the noise;
(4) 
Whether the noise is unusual and incongruous with the surrounding environment;
(5) 
The volume and frequency of the ambient noise, if any;
(6) 
The proximity of the noise source to any residential, educational, medical, institutional, or religious facility;
(7) 
The use, nature and character of the zoning district of the immediate area where the noise source exists;
(8) 
The time of day or night the noise occurs; and
(9) 
The duration of the noise.
F. 
Outdoor amplified noise.
(1) 
Unless expressly granted authority to do so by a noise permit issued by the Code Enforcement Officer pursuant to criteria specified in this chapter, no person shall commercially or privately generate outdoor amplified noise, as defined herein, at any time of day.
(2) 
For the purposes of evaluating outdoor amplified noise, sound levels shall be determined at a receiving land. Sound measurements shall be taken at the receiving land for between two and five minutes. The L1 shall be the measurement parameter used to identify any violations of this subsection.
(3) 
No person shall operate or use or cause to be operated any loudspeaker, public address system or similar amplification device at a sound level in excess of 55 dBA or in excess of 45 dBA in any one-third-octave band having a center frequency between 63 Hz and 500 Hz (ANSI bands numbers 18 through 27, inclusive) when measured at or within the real property line of the receiving property between the hours of 8:01 p.m. and 6:59 a.m.
The following activities shall be exempt from the provisions of this Code:
A. 
Operation of commonly used maintenance items such as mowers, blowers, trimmers, brush cutters, edgers, pruners, chainsaws, and pressure washers Monday through Friday between the hours of 8:00 a.m. and 9:00 p.m., and Saturday and Sunday between the hours of 9:00 a.m. and 8:00 p.m.
B. 
Operation of snowblowers.
C. 
Operation of agricultural equipment or devices between the hours of 6:00 a.m. and 10:00 p.m.
D. 
Noise-producing construction activity or work Monday through Friday, 7:00 a.m. to 8:00 p.m., and Saturday from 9:00 a.m. to 5:00 p.m.
E. 
An individual may perform construction activities him/herself on a residential property on which such individual resides on Sunday from 9:00 a.m. to 5:00 p.m.
F. 
Emergency work or emergency operations, as defined in § 96-4 of this Code.
G. 
A sound agricultural practice regardless of the hour of the day.
H. 
Emergency backup generators in operation during a power outage or during periods of cycling or periodic maintenance.
I. 
Fireworks on Independence Day and New Year's Eve.
J. 
Operation of golf course maintenance equipment between the hours of 6:00 a.m. and 10:00 p.m.
A. 
Any construction activity outside of the hours identified in § 96-6 shall be prohibited. Furthermore, construction activity is prohibited at all times on the following federal holidays:
(1) 
New Year's Day.
(2) 
Memorial Day.
(3) 
Independence Day.
(4) 
Labor Day.
(5) 
Thanksgiving Day.
(6) 
Christmas Day.
A. 
Enforcement of this Code shall be effected using a sound pressure level meter (sound level meter) or logging dosimeter meeting or exceeding the requirements of ANSI S1.4-1983 (R2006) Type I or Type 2, with a dynamic range consistent with the measurements being taken, A-scale weighting, one-thired-octave band analysis, a fast and slow response constant, and the capability for measuring statistical noise levels (e.g., L1). If used, a logging dosimeter shall have the ability to operate on an exchange rate of three.
B. 
The meter shall be calibrated using a calibrator properly fitted to the sound-measuring instrument being used, traceable to NIST, and having an accuracy of +/-0.4 dBA or better.
C. 
Enforcement officers shall be trained in the proper calibration and use of the instrument.
The Code Enforcement Officer is authorized to issue a noise permit for an activity which would otherwise create an unlawful noise level under this chapter.
A. 
Such permit may be issued only upon the written application of the owner or legal occupant of the land or premises where the sound is to be generated, such application specifically stating:
(1) 
The source of the anticipated sound.
(2) 
The anticipated level of the sound at the property line of both the closest and the highest class receiving land use within one mile.
(3) 
The times of day or night when the noise is to occur.
(4) 
The land class from when the noise is to emanate.
(5) 
The anticipated duration of the noise.
(6) 
Whether the noise is impulsive or continuous in nature.
(7) 
The presence of discrete tones.
(8) 
Whether alternate methods are available to achieve the objective of the sound-producing activity.
(9) 
What sound abatement steps have been taken.
(10) 
The benefit of the activity to the Town of Southeast and its residents.
B. 
Such noise permit will be issued at the sole discretion of the Code Enforcement Officer, so as to minimize the inconvenience and disturbance of the affected residents.
C. 
Noise permits are for individual discrete activities, such as fireworks display or festival on a specific date, and not for the prolonged or repeated emanation of noise in excess of the thresholds established by this chapter. The Code Enforcement Officer shall include an expiration date on all noise permits. Each property shall only apply for one noise permit per year for an event not to exceed one day.
It shall be unlawful for the owner of or occupant of any motor vehicle to allow or operate a radio, sound amplifier or similar device which produces, reproduces or amplifies sound such that the sound coming from said device is heard at a point 50 feet from such motor vehicle.
Any person who shall violate any provision of this chapter shall be guilty of an offense and upon conviction thereof shall be subject to a fine of not more than $250, or by imprisonment not exceeding 15 days, or both such fine and imprisonment.