[HISTORY: Adopted by the Board of Trustees
of the Village of Montebello 4-25-1988 by L.L. No. 33-1988. Amendments noted
where applicable.]
This chapter shall be cited and may be referred
to hereinafter as the "Noise Pollution Control Law of the Village
of Montebello."
A.
It is the
intention of the Village Board of the Village of Montebello by the
adoption of this chapter to establish and impose restrictions upon
the creation of excessive, unnecessary or unusually loud noise within
the limits of the Village of Montebello in pursuance of and for the
purpose of securing and promoting the public health, comfort, convenience,
safety, welfare, prosperity and the peace and quiet of the Village
of Montebello and its inhabitants.
B.
Plainly
audible standards.
[Added 3-21-2012 by L.L. No. 1-2012]
(1)
The
Village Board determined to study the Village's "Noise Law" upon the
complaint of residents reportedly frustrated, believing that it was
archaic and virtually unenforceable. The residents claimed that this
is due to a highly technical or subjective approach to ascertaining
whether a violation had occurred. It was suggested, instead, that
a "plainly audible" standard be established, to be added to those
already in place.
(2)
The
Village Attorney, directed to study the subject and report, found
instances where the "plainly audible" standard had been adopted mainly
for amplified music but also for other sounds. In some cases the statutes
also continued with a technical standard based upon a sound level
dB(A) measurement, as well, plus certain sources were deemed as inherently
obtrusive, with time imitations, such as leaf blowers, chain saws
and unmuffled or inadequately muffled internal combustion engines.
(3)
In
this review process, the Village Attorney and the Trustees expressed
concern that in our Village, with generally low ambient noise and
large parcels, virtually any amplified music sound generation would
be "plainly audible" over a wide range of distances. Hence, there
was concern that the Village could become overwhelmed with prosecutions,
making the law a sword, instead of a shield, neighbor to neighbor.
To guard against this, this amendment[1] limits the applicability of “plainly audible”
to sound heard within the complainant’s home with the windows
closed. In addition it requires corroboration by a law enforcement
officer or other Village designee, such as the Building Inspector
or Village Engineer.
(4)
A noise
consultant assisted with the drafting of the amendment.
A.
All terminology defined herein which relates to the
nature of sound and the mechanical detection and recordation of sound
is in conformance with the terminology of the American National Standards
Institute or its successor body.
B.
A-WEIGHTED SOUND LEVEL [dB(A)]
COMMERCIAL DISTRICT
COMMERCIAL PURPOSE
CONSTRUCTION ACTIVITIES
CONTINUOUS NOISE
DECIBEL (dB)
DEVICE
EMERGENCY
EMERGENCY WORK
FLUCTUATING NOISE
IMPULSIVE SOUND
INDUSTRIAL DISTRICT
L-10
MOTOR VEHICLE
NOISE
NOISE DISTURBANCE
NOISE SENSITIVE ZONE
NONCOMMERCIAL PURPOSE
PERSON
PLAINLY AUDIBLE
REAL PROPERTY BOUNDARY
RESIDENTIAL DISTRICT
SOUND
SOUND-LEVEL METER
SOUND PRODUCTION DEVICE
UNREASONABLE NOISE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(a)
(b)
Unless the context otherwise clearly indicates, the
words and phrases used in this chapter are defined as follows:
The sound pressure level in decibels as measured on a sound
meter using the A-weighting network slow response. The level so read
is designated dB(A).
An area where offices, clinics and the facilities needed to serve them are located; an area with local shopping and service establishments; a tourist-oriented area where hotels, motels and gasoline stations are located; a business strip along a main street containing offices, retail businesses and commercial enterprises; and other commercial enterprises and activities which do not involve the manufacturing, processing or fabrication of any commodity. "Commercial district" shall include but shall not be limited to any parcel of land zoned commercial under Chapter 195, Zoning.
Includes the use, operation or maintenance of any sound-amplifying
equipment for the purpose of advertising any business, any goods or
any services or for the purpose of attracting the attention of the
public to or advertising for or soliciting the patronage of customers
to or for any performance, show, entertainment, exhibition or event
or for the purpose of demonstrating any such sound equipment.
Any and all activity incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, structures,
roads, or appurtenances thereto, including land clearing, grading,
excavating and filling.
A steady, fluctuating or impulsive noise which exists, essentially
without interruption, for a period of 10 minutes or more, with an
accumulation of an hour or more over a period of eight hours.
A unit of level which denotes the ratio between two quantities
which are proportional to power. The number of decibels corresponding
to the ratio of two amounts of power is 10 times the logarithm to
the base 10 of this ratio.
Any mechanism which is intended to produce or which actually
produces sound when operated or handled.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
The sound pressure level of a fluctuating noise which varies
more than six dB(A) during the period of observation when measured
with the slow meter characteristic of a sound-level meter.
A sound of short duration, usually less than one second,
with an abrupt onset and rapid decay. Examples of sources of impulsive
sound include explosions, drop forge impacts and the discharge of
firearms.
An area in which enterprises and activities which involve the manufacturing, processing or fabrication of any commodity are located. "Industrial district" shall include but shall not be limited to any parcel of land zoned as an industrial district under Chapter 195, Zoning.
The level exceeded 10% of the time.
Any vehicle, such as but not limited to a passenger vehicle,
truck, truck-trailer, trailer or semitrailer, propelled or drawn by
mechanical power, and shall include motorcycles, snowmobiles, minibikes,
go-carts and any other vehicle which is self-propelled.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which 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 area designated pursuant to this chapter for the purpose
of ensuring exceptional quiet.
The use, operation or maintenance of any sound equipment
for other than a commercial purpose. "Noncommercial purpose" shall
mean and include but shall not be limited to philanthropic, political,
patriotic and charitable purposes.
Any individual, association, partnership or corporation,
including any officer, employee, department, agency or instrumentality
of the state or any political subdivision of a state.
"Plainly audible sound" means any sound for which any of
the content of that sound, such as but not limited to comprehensible
musical rhythms, is communicated to a person using his or her unaided
hearing faculties. For the purposes of enforcement of this chapter,
the detection of any component of music, including but not limited
to the rhythmic bass by a person using his or her unaided hearing
faculties, is sufficient to verify plainly audible sound. It is not
necessary for such person to determine the title, specific words or
artist of such music. Plainly audible sound does not require a measurement
with a sound level meter.
[Added 3-21-2012 by L.L. No. 1-2012]
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, but not including intrabuilding real property divisions.
An area of single- or multiple-family dwellings and shall
include areas where multiple-unit dwellings, high-rise apartments
and high-density residential districts are located. "Residential district"
shall also include but is not limited to hospitals, nursing homes,
homes for the aged, schools, courts and similar institutional facilities.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of "sound" may include any characteristics of such sound, including
duration, intensity and frequency.
An instrument, including a microphone, an amplifier, an output
meter and frequency weighting networks for the measure of sound levels.
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any musical instrument, radio, television, tape recorder, phonograph,
loudspeaker, public-address system or any other sound-amplifying device.
[Amended 3-21-2012 by L.L. No. 1-2012]
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of a reasonable person of normal sensitivities
or which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether an unreasonable
noise exists in a given situation include but are not limited to the
following:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or
unusual.
Whether the origin of the noise is usual or
unusual.
The volume and intensity of the background noise,
if any.
The proximity of the noise to residential sleeping
facilities.
The nature and the zoning district of the areas
within which the noise emanates.
The time of the day or night the noise occurs.
The time duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or impulsive.
Plainly audible sound.
[Added 3-21-2012 by L.L. No. 1-2012]
Sound from a sound production device which is plainly audible,
within the residence of a complainant, with the windows closed.
A Village representative’s corroboration is necessary to proving a violation of Subsection (12)(a). The Village representative, before concluding that such violation has occurred, shall attempt to address the problem by requesting that the person or persons controlling the sound production device cease producing the sound, turn same off, eliminating same, or lower same to a level that is below the plainly audible threshold. There shall be a presumption that the sound was being generated expressly to annoy and harass the complainant, or with indifference, and a prosecution shall ensue if said person or persons refuse to abate the sound; should the representative find no one at the premises despite the sound being emanated; if the person controlling the sound production device abates the sound at the direction of the representative and subsequently increases the sound levels upon the representative’s departure; or if a violation of Subsection (12)(a) is determined for a third time in any twelve-month period irrespective of the cooperation of the person or persons controlling the sound production device. Upon prosecution, the charged party may attempt to raise as a defense that circumstances beyond his or her control caused the generation of unattended plainly audible sound.
No person shall make, continue or cause or suffer to be made or continued any unreasonable noise as defined in § 118-3B hereof. In particular, without limitation of the foregoing provision of this section, the following enumerated acts are declared to be in violation of this section.
A.
Animals. No person shall keep, permit or maintain
any animal under his control which frequently or for continued duration
makes sounds which create an unreasonable noise across a residential
real property boundary. This provision shall not apply to veterinarian
facilities.
B.
Commercial, business and industrial operation. No
person shall operate or permit to be operated on a sound source site
a commercial business or industrial operation that produces an unreasonable
sound level.
C.
Construction.
(1)
No person shall operate or permit to be operated any
tools, machinery or equipment used in construction, drilling or demolition
work:
(a)
Between sunset and 8:00 a.m. the following day
on weekdays or at any time on Sunday or legal holidays, such that
the sound therefrom creates an unreasonable noise across a residential
real property boundary.
[Amended 6-22-2005 by L.L. No. 4-2005]
(b)
At any other time such that the sound level
at or across a real property boundary exceeds an L-10 of 60 dB(A)
for the daily period of operation.
(2)
The provisions of this subsection shall not apply
to emergency work.
D.
Domestic power tools. No person shall operate or permit
the operation of any mechanically powered saw, sander, drill, grinder,
lawn or garden tool, snowblower or similar device used outdoors in
residential areas between the hours of 10:00 p.m. and 8:00 a.m. of
the following day, so as to cause an unreasonable noise across a residential
real property boundary.
E.
Explosives and similar devices. No person shall use
or fire explosives or similar devices which create impulsive sounds
so as to cause an unreasonable noise across a real property boundary.
[Amended 6-22-2005 by L.L. No. 4-2005]
F.
Horns and signaling devices. No person shall cause
or permit to be caused the sounding of any horn or other auditory
signaling device on or in any motor vehicle except to serve as a danger
warning.
G.
Motor vehicle repairs and testing. No person shall
repair, rebuild, modify or test any motor vehicle in such a manner
as to cause an unreasonable noise across a residential real property
boundary or within a noise sensitive zone.
H.
Mufflers. No person shall discharge into the open
air the exhaust of any steam engine, stationary internal-combustion
engine, air-compressor equipment, motor vehicle or other power device,
which is not equipped with an adequate muffler in constant operation
and properly maintained to prevent any unreasonable noise or noise
disturbance, and no such muffler or exhaust system shall be modified
or used with a cutoff, bypass or similar device which causes said
engines, vehicles or other power devices to create an unreasonable
noise.
I.
Noise sensitive zones. No person shall cause or permit
the creation of any sound by means of any device or otherwise on any
sidewalk, street or public place adjacent to any hospital, nursing
home, school, court, house of worship or public library while such
facility is in use at any time, so that such sound disrupts the normal
activities conducted at such facilities or disturbs or annoys persons
making use of such facilities.
J.
Sound production devices.
[Amended 3-21-2012 by L.L. No. 1-2012]
(1)
No person shall operate or cause to be operated a
sound production device that produces an unreasonable noise or noise
disturbance across a real property boundary between the hours of 11:00
p.m. and 8:00 a.m. the following day or within a noise sensitive zone.
(2)
No person shall operate or use or cause to be operated or used any sound production device in any public place in such a manner that the sound emanating therefrom creates an unreasonable noise across a real property boundary, as more particularly set forth in § 118-3B, Subsection (12)(a) through (b), above.[1]
(3)
This section shall not apply to any person participating
in a school band or in a parade, or sounds emanating from sporting,
entertainment or other public events where such devices are used.
K.
Trucks. No person shall load 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
within a residential district nor within 300 feet of any hotel or
motel between the hours of 10:00 p.m. and 6:00 a.m. the following
day.
[Amended 6-22-2005 by L.L. No. 4-2005]
The provisions of this chapter shall not apply
to:
A.
The Village Board of the Village of Montebello shall
have the authority, consistent with this section, to grant variances
to this chapter.
B.
Any person seeking a variance pursuant to this section
shall file an application with the Village Board. The application
shall consist of a letter signed by the applicant and containing a
legal form of verification. Such letter shall contain information
which demonstrates that bringing the source of sound or activity for
which the variance is sought into compliance with this chapter would
constitute an unreasonable hardship on the applicant, on the community
or on other persons. In addition, the following information shall
be provided:
(1)
The plan, specifications and other information pertinent
to such sources.
(2)
The characteristics of the sound emitted by the source,
including but not limited to the sound levels, the presence of impulsive
sounds and the hours during which such sound is generated.
(3)
The noise abatement and control methods used to restrict
the emission of sound.
C.
The Village Board, upon receipt of such application
and upon payment of any fee which shall be required by resolution
of the Village Board, shall set the matter down for a public hearing
to be held within 30 days from the date the application is submitted.
The Village Board shall cause publication of such public hearing to
be given in the official newspaper of the Village. The applicant shall
give notice of the application by certified mail to all property owners
surrounding the sound source site within a radius of 200 feet from
the borders of the said site.
D.
In determining whether to grant or deny the application,
the Village Board shall balance the hardship to the applicant, the
community and other persons of not granting the variance against the
adverse impact on the health, safety and welfare of persons affected,
the adverse impact on the property affected and other adverse impacts
of granting the special variance.
E.
The Village Board shall cause the taking of sound
level readings by an agency to be designated by the Village Board
in the event that there shall be any dispute as to the sound levels
prevailing or to prevail at the sound source site.
F.
The Village Board shall have the power to impose restrictions,
conditions and the recording of covenants upon any sound source site,
including time limits on permitted activity, in the event that it
shall grant any variance hereunder.
The enforcement of these rules and regulations
will be by Police Department personnel, other duly authorized personnel
or by any other special personnel as may be from time to time authorized
by the Village Board.
A.
Any person, firm or corporation violating any provision
of this chapter shall be guilty of a Class 2 violation, as defined
in the schedule of penalties of the Village of Montebello and shall
be fined according to the provisions thereunder.[1] A separate offense shall be deemed committed on each day
during or on which a violation occurs or continues.
B.
The remedies contained within this chapter shall further
not be exclusive, but shall be in addition to any other remedy provided
by law, so long as not inconsistent herewith, nor shall the invoking
of any remedy or procedure contained within this chapter preclude
the pursuit of any and all other remedies, and the same are intended
to be cumulative.
This chapter supersedes, and is in derogation
of, Chapter 244 of the Code of the Town of Ramapo, County of Rockland,
State of New York. This chapter is enacted by authority of § 20,
Subdivision 5, of the Municipal Home Rule Law and any other law referenced
herein as authority herefor.