Subject to the provisions of this article, the creation of any
unreasonably loud, disturbing, and unnecessary noise or the creation
of any other objectionable nuisance is prohibited. Noise, any excessively
or unusually loud sound, or other nuisance of such character, intensity,
or duration or repetition as to be detrimental to the life or health
of any person or of the public is prohibited.
[L.L. No. 2-2011, § 1]
As used in this article, the following terms shall have the
meanings described in this section. All terminology not defined below
shall have the meaning described by the American National Standards
Institute or its successor body.
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition.
The unit of sound energy or pressure used to assess the loudness
of a noise source. A decibel is equal to 20 times the logarithm to
the base 10 of the ratio of measured sound pressure level to the reference
sound pressure of 20 micropascals per square meter. In noise analyses
for the purposes of this article, sound pressure is the referenced
quantity, and the decibel level is termed the sound pressure level
(SPL).
An electronic function of a sound level meter that seeks
to modify the S pressure response of the sound level meter, over the
range of perceptible frequencies, to approximate that of the human
ear. The notation "dBA" or "dB(A)" represents a sound pressure level
measured by a sound level meter using an A-weighted filter.
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Actual work necessary to maintain public health, safety or
welfare following an emergency or public calamity or any work required
to protect persons or property from an imminent exposure to danger.
Emergency work includes the performance of, but is not limited to,
snow removal, restoration of public utilities and maintenance of public
rights-of-way.
DIRECT GLAREIllumination beyond the real property boundary or line of the glare-emitting use caused by direct or specularly reflected rays from incandescent, fluorescent or aerial lighting from such high temperature processes as welding or petroleum or metallurgical refining.
INDIRECT GLAREIllumination beyond the real property boundary or line of the indirect glare-emitting use caused by diffuse reflection from a surface such as windows, walls or roof of a structure.
A sound of a short duration, usually less than one second,
with an abrupt onset and rapid decay. Examples include explosions
and the discharge of firearms.
New Year's Day, Martin Luther King Day, President's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas
Day.
All vehicles subject to regulation by the New York State
Department of Motor Vehicles. The term "motor vehicle" shall also
include, as used in this article, mopeds, minibikes, go-carts and
motorized scooters.
A device for abating the sound of escaping gases of an internal
combustion engine.
Any sound that endangers or injures the safety or health
of humans or animals or annoys or disturbs a reasonable person of
normal sensitivities, or endangers or injures personal or real property.
Any individual, association, partnership or corporation.
This may include any officer, employee, department, agency or instrumentality
of the state or any political subdivision of the state.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property or structure thereon which is owned or
controlled by a governmental entity.
Any sound which can be distinctly heard as a single pitch
or set of single pitches.
An imaginary line along the ground surface, and its vertical
extension, which separates one real property parcel from another real
property parcel.
Any pressure variation in air perceptible to the human ear.
Any machine or device used for the amplification of sound.
Such equipment, as used in this article, shall not include any warning
device, siren, horn or whistle used by emergency vehicles or by any
governmental agency to alert the public to an emergency or warn of
a dangerous condition.
AMBIENT SOUND LEVELThe sound level that includes all sound sources in an area.
BACKGROUND SOUND LEVELThe sound level that includes all sound sources in an area except the specific source in question that may be violating the noise ordinance.
An instrument for the measurement of sound conforming to
Type 1 or Type 2 ANSI standard under Specification S1.4-1971 or the
latest approved revision thereof.
The instantaneous difference between actual pressure and
the average barometric pressure at a given point in space, as produced
by sound energy.
Any noise that is avoidable, not absolutely needed and the
elimination of which will not cause greater hardship than the noise
itself.
An oscillatory motion of solid bodies of deterministic or
random nature described by displacement, velocity or acceleration
with respect to a given reference point.
Any day, Monday through Friday, which is not a legal holiday.
[L.L. No. 4-2007, § 1]
(a)
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this article. Any enumeration
herein shall not be deemed to be exclusive.
(1)
Noise from a burglar alarm or other alarm system of any building,
motor vehicle or boat that is continual and exceeds 15 minutes.
(2)
The operation of air-conditioning or air-handling devices, including
heat pumps, that produce a sound pressure level greater than 55 dBA
at a property line of a residential property is prohibited, except
when said operation produces a less than five dBA increase in the
background sound level. In order to determine the difference between
ambient and background sound levels, sound level measurements may
be taken on the property of the sound-emitting use.
(3)
The sounding of any horn on any motor vehicle, motorcycle, bus
or other vehicle except as a warning or danger signal.
(4)
The creation, by means of any such horn listed above in (3)
of any unreasonably loud or harsh sound or the sounding of any such
device for an unnecessary and unreasonable period of time.
(5)
The operation of any amplified electronic equipment or sound
reproduction system such as a stereo, radio or tape player, television,
tape deck or similar device or use of any musical instrument in such
manner or with such volume as to be heard 60 feet from its source
or over any real property boundary or line.
(6)
The keeping of any animal or bird which makes a noise disturbance
that exceeds 15 minutes.
(7)
The use of any motor vehicle, motorcycle or vehicle so out of
repair, so loaded, so equipped or in such manner as to create loud
and unnecessary grating, grinding, rattling or other noise or squealing
or excessive noise of the tires.
(8)
The blowing of any stationary whistle, siren or other warning
device except to give notice of the time to begin or stop work or
as a warning of danger, not including the use of whistles, horns or
other signals customarily used at sports activities.
(9)
The construction or demolition of any building or upon any property
is prohibited during the following times: Monday through Friday from
7:00 p.m. to 7:00 a.m.; Saturday 12:01 a.m. to 9:00 a.m.; Saturday
5:00 p.m. to midnight; Sunday all day; Monday 12:01 a.m. to Monday
7:00 a.m.; and legal holidays all day. The aforementioned time limits
shall not apply when such work is conducted in the interior of a building
and no noise or other evidence of such work is evident or may be detected
outside of the building or by other tenants or occupants of the building.
Exceptions may be made in case of emergency work in the interest of
public safety.
(10)
The creation of any noise disturbance on any street adjacent
to any school, institution of learning or court or church while the
same is in session or adjacent to any hospital, which noise unreasonably
interferes with the workings of such institution, provided that conspicuous
signs are displayed in such streets indicating the presence of a school,
hospital, court or church.
(11)
The creation of loud, excessive and continual noise in connection
with loading or unloading any vehicle or the opening and/or destruction
of bales, boxes, crates and containers.
(12)
The shouting any crying of peddlers, hawkers and vendors that
disturbs the peace and quiet of the neighborhood.
(13)
The operation within the limits of the Village of a motor vehicle
or motorcycle that is not equipped with a suitable and effective muffler
attached to the engine and in use.
(14)
The operation of private refuse, waste and/or rubbish collection
vehicles within the Village between the hours of 7:00 p.m. and 7:00
a.m. Monday through Saturday. Notwithstanding the foregoing, the operation
of private refuse, waste and/or rubbish collection vehicles within
the Village at any time on a Sunday or legal holiday, except as to
those private refuse carters, property owners and/or business operators
that have been granted special permission by the Chief of the Police
Department or Village Board.
(b)
Exceptions may be granted to these regulations in cases of urgent
necessity in the interest of public safety and then only after prior
notice to and approval by the Police Department or Village Board or,
if the necessity relates to construction or demolition requiring a
building permit, approval by the Building Inspector. Additionally,
in order to protect the health, safety and welfare of the residents
of the Village, vehicles and equipment owned or employed by the Village
for the purpose of street repair and cleaning and the removal of snow
and refuse shall be exempt from these regulations.
[L.L. No. 4-2007, § 1]
(a)
Notwithstanding and in addition to the provisions of § 15-41(a)(9) above, the construction or demolition of any building or upon any property within the Village on a Saturday prior to 9:00 a.m. or after 5:00 p.m. shall require a building permit from the Building Inspector.
(b)
Notwithstanding and in addition to the provisions of § 15-41(a)(9) above, the construction or demolition of any building or upon any property within the Village on a Sunday or a legal holiday at any time shall require a building permit from the Building Inspector.
The provisions of this article shall not apply to the following
acts:
(a)
The emission of sound for the purpose of alerting persons to the
existence of an emergency.
(b)
Noise from municipally sponsored celebrations or events.
(c)
Noise from individually sponsored events where a permit for public
assembly or other relevant permission has been obtained from the Village
Clerk.
(d)
The operation or use of any organ, radio, bell, chimes or other instrument,
apparatus or device by any church, synagogue or licensed or chartered
school, provided that such operation or use does not occur between
the hours of 10:00 p.m. and 7:00 a.m.
(e)
Noise caused by vehicles or personnel of the Village of Tuckahoe
engaged in necessary public business.
(f)
Noise caused by emergency work.
(a)
No land or building shall be used or occupied in any manner or for
any purpose so as to create any dangerous, injurious or noxious noise,
smoke, vibration, odor, pollution, radiation, heat, glare, traffic,
liquid or solid waste or other conditions conducive to the breeding
of rodents or insects or other substance, condition or element (all
referred to herein as "dangerous") in which such use or occupancy
does not in a manner or amount conform to the regulations of this
section, referred to herein as "performance standards."
(b)
With respect to any application for approval by the Planning Board
or Zoning Board of Appeals, such Board may require such evidence as
it may deem to be necessary to determine whether or not the proposed
use will reasonably conform to the performance standards set forth
in this subsection and with the site plan approved in accordance with
the provisions of the Village Ordinances. In connection with such
review, said Board may obtain expert advice, at the expense of the
applicant. As a condition of further consideration of the applications,
the applicant shall make payment in advance of the amount of such
expenses, or make payment in the form of an estimated amount determined
by the Building Inspector to be held in an escrow account towards
such expenses.
(c)
Nonconforming uses. Uses established before the effective date of
this section and nonconforming as to performance standards shall be
required to conform herewith by December 31, 2000.
(d)
Noise.
(1)
Table 1[1] shows the maximum permissible sound levels. No person
shall cause, suffer, allow or permit the operation of any source of
sound in such a manner as to create a sound pressure level that exceeds
the sound limits set forth in Table 1.
[1]
Editor's Note: Table 1 is located at the end of this chapter.
(2)
Correction for character of sound. For any source of sound that
emits a pure tone or impulsive sound, the maximum sound level limits
set forth in table 1 shall be reduced by five dBA.
(3)
The sound level shall be measured at the real property line of the receiving property, or as near to the line as is practical. Noise measurements made for the enforcement of this article shall be made in accordance with § 15-44 below.
(5)
Decibels are used to measure the loudness or intensity of sounds.
One decibel (1 dB) is the smallest difference between sounds detectable
by the human ear. The decibel scale is logarithmic in nature, similar
to the Richter scale used in earthquake measurement. The addition
of 10 decibels equals a ten-fold increase in sound power. For example,
a 20 dB sound is not twice as loud as a 10 dB sound but 10 times louder.
A 30 dB Sound is 100 times louder than a 10 dB sound. A 40 dB sound
is 1,000 times louder than a 10 dB sound, etc.
(e)
Vibration. No vibration shall be produced which is transmitted through
the ground and is discernible without the aid of instruments at or
beyond the vibration-emitting source's real property boundary or line,
nor shall any vibration produced exceed 0.002g peak at up to 50 cycles
per second (CPS) frequency measured at or beyond a premises boundary
using either seismic or electronic vibration measuring equipment.
Vibrations occurring at higher than 50 CPS frequency or a periodic
vibration shall not induce accelerations exceeding 0.001g. Single-impulse
periodic vibrations occurring at an average interval greater than
five minutes shall not induce accelerations exceeding 0.01g.
(f)
Smoke. No emissions shall be permitted at any point, from any chimney
or otherwise, of visible gray smoke of a shade equal to or darker
than No. 1 on the standard Ringelmann Smoke Chart, as issued by the
United States Bureau of Mines, Information Circular 8333, May 1967,
or its approved equivalent or successor, except that visible gray
smoke of a shade equal to No. 2 on said chart may be emitted for four
minutes in any 30 minutes. These provisions applicable to visible
gray smoke shall also apply to visible smoke of a different color
but with an equivalent apparent opacity.
(g)
Odors. No land use shall emit any discernible, readily detectable
obnoxious odor beyond its real property boundary or line.
(h)
Fly ash, dust, fumes, vapors, gases or other forms of air pollution.
No emission shall be permitted which can cause any damage to health,
to animals, to vegetation or other forms of property or which can
cause any excessive soiling, at any point on the property of others,
and in no event any emission, from any chimney or otherwise, of any
solid or liquid particles in concentrations exceeding 0.3 grains per
cubic foot of the conveying gas. For measurement of the amount of
particles in gases resulting from combustion, standard corrections
shall be applied to a stack temperature of 500° F., 50% excess
air.
(i)
Electromagnetic radiation. It shall be unlawful to operate or cause
to be operated any planned or intentional source of electromagnetic
radiation which does not comply with the regulations of the Federal
Communications Commission regarding such sources of electromagnetic
radiation.
(j)
Heat. For the purpose of this article, "heat" is defined as thermal
energy of a radioactive, conductive or convective nature. Heat emitted
at any or all points shall not at any time cause a temperature increase
beyond the real property boundary or line of the heat-emitting use
in excess of 10° F., whether such change is in the air or the
ground, in a body of water or in any structure on such adjacent property.
(k)
Glare and outdoor lighting.
(1)
Direct glare. No such direct glare shall be permitted, with
the exception that parking areas and walkways may be illuminated by
luminaries so hooded or shielded so that the maximum angle of the
cone of direct illumination shall be 60° drawn perpendicular to
the ground, with the exception that such angle may be increased to
90° if the luminary is less than four feet above the ground. Such
luminaries shall be placed not more than 16 feet above ground level,
and the maximum illuminations at ground level shall not be in excess
of three footcandles.
(3)
Deliberately induced sky-reflected glare, as by casting a beam
upward for advertising purposes, is specifically prohibited.
(l)
Liquid or solid wastes. No discharge shall be permitted at any point
into any public sewer, private sewage disposal system or stream or
into the ground except in accordance with standards provided by the
State Department of Health, Westchester County Department of Health,
New York State Department of Environmental Conservation or Village
Department of Public Works, or of any material of such nature or temperature
as can contaminate any water supply. There shall be no accumulation
of solid wastes or putrescible materials conducive to the breeding
of rodents or insects.
(a)
All sound level measurements shall be made by a designated Village
officer, agent or employee. The usual designee shall be the Building
Inspector. Additional designees shall include the officers of the
Village of Tuckahoe Police Department.
(b)
The measurement of any sound or noise shall be made with a Type 1
or Type 2 sound level meter, using the slow-response setting and the
A-weighted decibel scale. The meter shall meet the applicable ANSI
standards. The instrument shall be maintained in calibration and good
working order. The sound level meter will be calibrated annually according
to the manufacturer's instructions and before and after each use.
A record of maintenance and calibration shall be maintained.
(c)
The sound level measurement shall be made on the property of the
sound receptor. The measurement shall be taken at or near the real
property line nearest to the sound source. If there is significant
change in the topography from the sound source property and the sound
receptor property, the Village officer, agent or employee making the
sound level measurement may take additional measurements at an exterior
building line of the primary building on the sound receptor's property.
The sound level meter shall be placed or held four feet above the
ground and 10 feet from the nearest reflective surface (such as a
wall or fence). The meter shall be placed so as not to be interfered
with by individuals conducting or observing the measurements. During
measurement, the microphone shall be positioned so as not to create
any enhancement or diminution of the measured sound or noise. A windscreen
may be used to screen the sound level meter.
(d)
When investigating a noise complaint, the enforcing officer may at
his or her sole discretion take as many sound level readings as deemed
necessary, and nothing shall prevent an enforcement officer from taking
multiple sound level readings and citing the average recorded sound
level reading as a violation.
(e)
Where an appearance ticket or violation is issued for violation of
this section, the enforcing officer shall record the time, approximate
location, before and after calibration checks and the sound level
reading(s).
(f)
Penalties for offenses.
(1)
Any person, firm or corporation who or which violates any of the provisions of this article shall, upon conviction thereof, be punished by a penalty as prescribed in § 1-7; and each day on which such violation continues shall constitute a separate offense and such violation shall constitute disorderly conduct and the person so offending shall be deemed a disorderly person.
(2)
Any person, firm or corporation who shall violate any of the provisions of this article, in addition to the penalty described in § 15-43(f), shall be liable for the costs to the Village of performing any tests in connection with such offenses, and said costs may be added to the penalty. In the event that the Village incurs any cost for performing any test in connection with an alleged violation of any standard set forth in § 15-43 and it is found that the use or activity is in conformance with said standards, the person who filed the complaint which was the basis for conducting the tests shall be liable for the costs incurred by the Village. If said costs are not paid to the Village upon demand, said costs may be collected by civil proceedings commenced by the Village.
