This chapter shall be known and may be cited as the "Noise Control
Law of the Village of Baldwinsville."
It is hereby declared to be the policy of the Village Board
to prevent unreasonably loud, disturbing and unnecessary noise and
to reduce noise levels within the Village so as to preserve, protect
and promote the public health, safety and welfare and to foster convenience,
peace and quiet within the Village by the inhabitants and transients
thereof. The Village Board finds that every person is entitled to
have maintained noise levels which are not detrimental to life, health
and the enjoyment of property and that excessive and unnecessary noise
within the Village of Baldwinsville affects and is a menace to public
health, safety, welfare and the comfort of the people of the Village.
For the purpose of this chapter, the terms used herein are defined
as follows:
DECIBEL (dB)
The practical unit of measurement of sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the sound pressure of the measured sound
to the sound pressure of a standard sound (20 micropascals); abbreviated
"dB."
NOISE
Any sound of such level and duration as to be or tend to
be injurious to human health or welfare or that would unreasonably
interfere with the enjoyment of life or property, exceeding the limits
as set forth in this chapter.
NOISE CONTROL OFFICER
Any member of the Police Department trained in the measurement
of sound and empowered to issue a summons for violation of this chapter.
REAL PROPERTY LINE
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit that is one in a multidwelling-unit
building.
SOUND DEVICE OR APPARATUS
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
SOUND LEVEL
The sound pressure level measured in decibels with a sound-level
meter set for A-weighting; sound level is expressed in dBA.
UNNECESSARY
That which is not required by the usual circumstances.
WEIGHTED SOUND LEVEL
The sound level, in decibels, reported as measured by a sound-level-measuring
instrument having an A-weighted network which discriminates against
the lower frequencies according to a relationship approximating the
auditory sensitivity of the human ear. The level so read is designated
in dBA.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but the enumeration
herein shall not be deemed to be exclusive:
A. The operation of any radio, phonograph or use of any musical instrument
in such a manner or with such volume as to annoy or disturb the quiet,
comfort or repose of persons in any dwelling, apartment or other type
of residence.
B. The keeping of any animal or bird which, by causing frequent or long-continued
noise, shall disturb the comfort and repose of any person in the vicinity.
(For the purpose of this section, a "noise disturbance from a barking
dog" shall be defined as that created by a dog barking continually
for five minutes or intermittently for 10 minutes, unless provoked.)
C. The use of any automobile, motorcycle, all-terrain vehicle, bus or
vehicle in any manner as to create loud and unnecessary noise.
D. The discharge into the 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.
E. The erection, including excavation, demolition, alteration or repair
of any building other than between 7:00 a.m. and 9:00 p.m., except
in the case of urgent necessity in the interest of public safety as
determined by the noise control officer.
F. The creation of any excessive noise on any street or property adjacent
to any school, institution of learning, court or church while the
same is in session or adjacent to any hospital or nursing home which
unreasonably interferes with the workings of such institution.
G. The creation of a loud and excessive noise in connection with the
loading or unloading of any vehicle, or the opening and destruction
of bales, boxes, crates and containers in such a manner as to create
an unreasonable or unnecessary noise of unreasonable extent and duration.
H. The shouting and crying of peddlers, hawkers and vendors which disturbs
the peace and quiet of the neighborhood.
I. 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.
J. The sounding of any horn or signal device on any vehicle, motorcycle,
bus or other device, except as a warning signal pursuant to the provisions
of Subdivision 1 of § 375 of the Vehicle and Traffic Law
of the State of New York.
K. The use of any radio apparatus, talking machine, loudspeaker, public address system or amplifier attached thereto in such a manner that the loudspeaker shall cause the sound from such device to exceed the level set forth in §
221-4 at the property line nearest the sound source.
L. The creation of any noise which causes public inconvenience or alarm
or disturbs the public's peace, comfort and tranquility.
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 lawn mowers, snowblowers or other real property
maintenance equipment.
D. Sounds created by public utilities in carrying out the operation
of their franchises.
E. Sounds connected with sporting events of any public or private school,
authorized carnival, fair, exhibition, parade, etc.
F. Sounds on private property which do not carry beyond the boundary
lines of the property on which they are created.
G. Sounds created in the exercise of any trade, industry, business or
employment, provided that it is not conducted in such a manner as
to create any unreasonable or unnecessary noise of any unreasonable
extent and duration.
Any person violating any of the provisions of this chapter shall
be guilty of a violation of this chapter and, upon conviction thereof,
shall be punishable by a fine of not more than $250 or by imprisonment
for not more than 15 days, or both.
This chapter shall be administered and enforced by the noise
control officers.