[HISTORY: Adopted by the Board of Trustees of the Village
of Nyack 10-11-1990 by L.L. No. 8-1990; amended in its entirety 12-8-2011 by L.L. No.
14-2011. Subsequent amendments noted where applicable.]
[Amended 7-14-2022 by L.L. No. 4-2022]
A.
It is the declared policy of this chapter to promote and ensure an
environment free from noise which threatens or affects the well-being
of the people; to protect, promote and preserve the public health,
safety and welfare by reducing and otherwise regulating noise levels;
to promote the use and enjoyment of property; to protect the value
of property; to protect the enjoyment of sleep and repose; to promote
commerce and to keep noise levels in the commercial areas in the Village
of Nyack at levels where they will not adversely affect businesses
located near the source of the sounds; and to protect and improve
the quality of life and environment.
B.
The necessity for legislative intervention by the enactment of the
provisions of this chapter should be liberally construed to effect
its purposes.
[Amended 7-14-2022 by L.L. No. 4-2022]
It is the intent and purpose of this chapter to regulate the
emission of noise and vibration and to limit the noise created or
played in residential areas and commercial areas of the Village, and
in places of public assembly late at night and in the early morning.
A.
All terminology used in this chapter, not defined below, shall be
in substantial conformance with applicable published standards of
the American National Standards Institute (ANSI) or its successor
bodies.
B.
DECIBEL (DB)
EMERGENCY
EOUIVALENT-ENERGY LEVEL (LEQ)
IMPULSIVE SOUND
MOTOR VEHICLE
MULTIFAMILY DWELLING
NOISE LEVEL
NOISE LEVEL MEASUREMENT
OWNER
PERSON
PRECISION SOUND LEVEL METER
REAL PROPERTY BOUNDARY
RESIDENTIAL PROPERTY
SOUND DEVICE OR APPARATUS
As used in this chapter, the following terms shall have the meanings
as indicated:
A unit for measuring the amplitude of sound, equal to 20
times the logarithm to the base 10 of the ratio of the pressure of
the sound measured to the reference pressure, which is 20 micropascals.
Any occurrence or set of circumstances involving actual or
imminent physical trauma, or property damage which requires immediate
action.
The level of a steady-state noise that has the same sound
energy as a given time-varying noise.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of impulsive sounds include
explosions, drop impacts and firearm discharges.
Every vehicle which is not self-propelled, except an electrically
driven invalid chair being operated or driven by an invalid, which
includes but is not limited to a passenger vehicle, truck, truck-trailer,
trailer or semitrailer, motorcycle, snowmobile, minibike and Go-Kart.
Any housing unit where two or more dwellings are separated
by a common wall, floor, or ceiling, including but not limited to
apartments, condominiums and townhouses.
The amplitude of sound pressure referenced to 20 micropascals,
measured in decibels, using the A-weighting network (for the purposes
of this chapter).
The procedure of measuring sound consisting of the usage
of a precision sound level meter (SLM), as defined in this section,
set to "fast" response. If the sound level meter is analog with a
VU meter, then the response shall be "slow" unless the noise issue
is impulsive. The meter must be calibrated before any measurements
and the microphone shall be a minimum of 3 1/2 feet from any
wall, floor or other large sound-reflecting surface. The meter shall
be protected from wind or other extraneous noise by the use of screens,
shields or other appropriate devices.
Includes the owner of the freehold of the premises or lessor
estate therein; or mortgagee thereof, a lessee or agent of any of
the above persons, a lessee of a device or his agent, a tenant, operator
or any other person who has regular control of a building, device
or an apparatus.
Any individual, association, partnership or corporation,
including any officer, employee, department, agency or instrumentality
of the state or any political subdivision of a state.
A sound pressure level measuring instrument which conforms
to the American National Standards Institute (ANSI) specification
S1.4 for Type 1 or Type 2 measuring instruments.
A line along the ground surface and its vertical extension,
which separates the real property owned by one person from that owned
by another person.
Any property legally used for a single-family, two-family
or multifamily dwelling as defined in the Zoning Chapter.[1]
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
The following acts, among others, are declared to be loud, disturbing,
unnecessary and unreasonable noises in violation of this chapter.
Each subsection of this section shall be considered a separate and
distinct prohibited noise, and the enumeration herein shall not be
deemed to be exclusive:
A.
The playing or operation of any instrument(s), band, phonograph,
machine or other device producing sound or music in such manner as
to be plainly audible at the curbline, directly perpendicular to the
storefront line of the building or establishment being measured for
a violation:
B.
The playing or operation of any instrument(s), band, phonograph,
machine or other device producing sound or music in such manner as
to be plainly audible through a common interior partition wall of
the building or establishment being measured for a violation and any
adjacent building:
C.
The failure to comply with any condition of a site-specific permit
for outdoor dining/sidewalk cafe issued by the Nyack Building Department
to the extent that such condition requires windows or doors to be
closed at the time that cafe tables are to be removed from the sidewalk
of the business, building or establishment holding the permit.
D.
In any residential zoning district, the operation of any radio receiving
set, television set, musical instrument(s), tape recorder, phonograph
or other sound device or apparatus in such a manner as to disturb
the peace, health, tranquility, comfort and repose of a reasonable
person of normal sensibilities at a distance of 50 feet or more from
the place, building, structure or vehicle in which it is located.
Such a disturbance shall be prima facie evidence of a violation of
this section.
E.
The operation of any tools, machinery or equipment used in construction
or repair of any building, except in case of emergency in the interest
of public safety, other than:
F.
The operation of any mechanically powered saw, sander, drill, grinder,
lawn or garden tool (including but not limited to leaf blowers), lawnmower
or similar device used outdoors in residential areas between the hours
of 9:00 p.m. and 8:00 a.m. of the following day.
G.
The repair, rebuilding, modifying or testing of any motor vehicle
in such a manner as to cause unreasonable noise across a residential
real property boundary.
H.
The keeping or maintaining of any animal which, by causing frequent
or long-continued noise, shall create a public nuisance or create
unreasonable noise across a residential real property boundary.
I.
The use of any automobile, motorcycle, bus or vehicle so out of repair,
so loaded or in such manner as to create loud and unreasonable grating,
grinding, rattling or other noise.
J.
The discharge into the open air of the exhaust of any steam engine,
stationary internal combustion engine or motor vehicle engine, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
K.
The creation of loud, excessive and unreasonable noise in connection
with loading or unloading any vehicle or the opening and destruction
of bales, boxes, crates and containers.
L.
The loading of any garbage or trash on a compactor truck or any other
truck whereby the loading, unloading or handling of boxes, crates,
equipment or other objects is conducted between the hours of 9:00
p.m. and 7:00 a.m. of the following day.
M.
The sounding of any horn or signal device on any vehicle, motorcycle,
bus or other device except as a danger warning signal.
N.
The shouting and crying of peddlers, hawkers and vendors which disturbs
the peace and quiet of the neighborhood.
O.
Yelling and shouting on the public streets at any time or at any
place so as to annoy or disturb the quiet, comfort or repose of persons
in any office or in any dwelling, hotel or other type of residence
or of any persons in the vicinity.
P.
The creation of any excessive noise on any street adjacent to any
school, institution of learning or court while the same is in session
or adjacent to any hospital which unreasonably interferes with the
working of such institutions, provided that conspicuous signs are
displayed in such streets indicating that the same is a school, hospital
or court street.
Q.
The use of any drum, loudspeaker or other instrument or device for
the purpose of attracting attention to any sale or display of merchandise
by the creation of noise.
R.
Except as otherwise permitted in this chapter, any source of sound
in excess of the sound level limits set forth herein shall constitute
a violation of this chapter. For purposes of determining sound levels
from any source of sound, sound level measurements shall be made at
a point on the receiving property nearest where the sound source at
issue generates the highest sound level.
(3)
Sound level measurements shall be made with a precision sound level
meter (Type 1 or 2) set to A-weighting, and "fast" response. "Slow
or fast" response may be used for continual sources of sound. For
repetitive, impulsive sound, the one-second rms maximum level (Lmax)
shall be used. For continuous sound, use the average level or Leq.
In multifamily residential structures, the microphone shall be placed
no closer than 3 1/2 feet to the wall through which the source
of sound at issue is transmitting. The microphone shall also be placed
five feet above the floor regardless of whether the source of sound
at issue transmits through the floor, ceiling or wall.
S.
Leaf blowers.
Gasoline-powered leaf blowers may be used only between March 15 through
May 15, and September 15 through December 15. During the portions
of the year when the use of gasoline-powered leaf blowers is permitted,
they may only be used from 8:00 a.m. until 7:00 p.m. on Monday through
Friday; 9:00 a.m. until 5:00 p.m. on Saturdays; and 12 noon until
5:00 p.m. on Sundays and legal holidays. The use of gasoline-powered
leaf blowers shall be prohibited at all other times. Electric- and
battery-powered leaf blowers are exempt from the date restrictions
of this subsection, but shall be subject to the hours of operation
set forth in this subsection. The use of gasoline-powered leaf blowers
shall be prohibited at all times after January 1, 2024.
[Added 7-14-2022 by L.L. No. 4-2022]
The following sounds shall not be deemed to be a violation of
this chapter:
A.
Sounds created by church bells or chimes.
B.
Sounds created by any government agency by the use of public warning
devices.
C.
Sounds created by lawnmowers in use between the hours of 8:00 a.m.
and 9:00 p.m.
D.
Sounds created by public utilities in carrying out the operations
of their franchises.
E.
Sounds connected with sporting events of any public or private school
or authorized carnival, fair, exhibition, parade, outdoor concert,
etc., allowed by permit of the Village Board.
F.
Religious and seasonal music from December 16 through January 1.
This chapter may be enforced by Police Department personnel
of the Towns of Orangetown and Clarkstown, Building Inspector of the
Village of Nyack, Village of Nyack Parking Enforcement Aide, or by
any code enforcement official employed by the Village of Nyack. In
addition to all other remedies provided for herein, the Board of Trustees
may also enforce obedience to this chapter by injunction sought pursuant
to Village Law § 20-2006 or other applicable statute, or
by any other remedy available to it by virtue of the judicial process.
A.
Any person who shall refuse or neglect to comply with any section
or provision of this chapter shall be guilty of a violation. Each
and every violation of this chapter shall be punishable by a fine
as follows:
B.
Each day's continued violation shall constitute a separate violation.
C.
The submission of written proof (in a form acceptable to the Village Attorney) of the installation, or proposed installation, of sound attenuation materials in a premises being prosecuted for a violation of § 238-4A or 238-4B of this chapter may be grounds for an adjournment in contemplation of dismissal of the prosecution, provided such sound attenuation materials are designed to achieve compliance with the Code, and will be installed within sixty (60) days of the date of the alleged violation.
