[HISTORY: Adopted by the Board of Trustees
of the Village of Depew 5-29-2012 by L.L. No. 3-2012.[1] Amendments noted where applicable.]
This chapter shall be known as the "Noise Law of the Village
of Depew, Erie County, New York."
It is hereby declared to be the policy of the Village of Depew
to safeguard the right of its residents within the privacy of their
homes to be free from intrusive, unwanted sounds. Problems concerning
the disturbance of peace and quiet by noise from various activities
are best solved by thoughtful discussions and cooperative agreements
between affected parties. However, to resolve remaining problems of
noise which is disturbing to others, it is the policy of the Village
of Depew to establish standards, variance procedures, enforcement
procedures and penalties.
As used in this chapter, the following terms shall have meanings
indicated. All other terms shall have the meanings normally ascribed
to them in regular usage.
The sound pressure level of the all-encompassing noise associated
with a given environment, being usually a composite of sounds from
many sources and/or the A-weighted sound pressure level exceeded 90%
of the time L90 based on a minimum period of
10 minutes.
The sound pressure level, in decibels, as measured on a sound
level meter using the A-weighting network by a trained operator. The
level so read is designated dB(a) or dBA.
Any day of the week, that is, Monday through Sunday.
The practical unit of measurement for sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviate dB.
That level of sound which, in each context described, hereunder
either:
Annoys, disturbs, or perturbs a reasonable person of normal
auditory sensitivities or any sound which injures or endangers the
comfort, repose, health, hearing, peace, or safety of a reasonable
person of normal auditory sensitivities; or
Is loud, disturbing, unusual, unreasonable and unnecessary,
as well as audible outside the structure or the real property boundary
from which it originates.
An individual, firm or corporation.
A line along the ground surface, and its vertical extension,
which separates the real property owned by one person from that owned
or controlled by another person, including intrabuilding real property
divisions.
An area designated for any residential use in the Village
of Depew, Erie County, New York, or any area improved by a dwelling.
An instrument for the measurement of sound levels conforming
to American National Standards Institute Type I or II Standards.
Any device, fixed or movable, which is located or used on
geographically defined real property other than a public right-of-way.
An oscillatory motion of particles described by displacement,
velocity or acceleration with respect to a given reference point.
It is hereby declared to be a nuisance and it shall be unlawful
for any person, firm or occupation to make or cause or suffer or permit
to be made or caused, upon any premises owned, occupied or controlled
by him or her or it, or upon any public street, alley or thoroughfare
in the Village of Depew, any unnecessary noises or sounds by means
or methods which are physically annoying to the comfort of any person
or which are so harsh or so prolonged or unnatural or unusual in their
use, time and place as to occasion physical discomfort or which are
injurious to the lives, health, peace and comfort of the inhabitants
of said Village or any member thereof.
The following acts are declared to be loud, disturbing or excessive
noise in violation of this chapter, but said enumeration shall not
be deemed to be exclusive:
A.
Amplified sound. The operation, playing or permitting the operation
or playing of any radio, receiver, television, phonograph, tape player,
compact disc or digital sound systems, sound amplifier, boom box,
musical instrument, loudspeaker, or similar device, whether from a
moving vehicle or a stationary location, which reproduces or amplifies
sound in such a manner as to create a sound level across a real property
line, or through partitions common to two or more persons within a
building, or from a stationary or moving vehicle, which exceeds the
limits set forth in Table I. (This subsection does not apply to industrial
manufacturing plants in the regular conduct on their business on their
own properties.)
B.
Horns and signaling devices. The sounding of any horn, signaling
device or alarm (except as a danger warning, pursuant to § 375
of the Vehicle and Traffic Law of the State of New York) which results
in a harsh or loud sound or repetitive sounds for any unreasonable
or unnecessary period of time, so as to create a noise disturbance.
C.
Shouting and yelling. Shouting, yelling, singing, calling, hooting
or whistling so as to create a noise disturbance.
D.
Engines. The operation, including stationary idling, of any engine,
including, but not limited to, an automobile, truck, motorcycle, motorbike,
motorboat or minibike engine, so as to create a noise disturbance,
or the use of any automobile, motorcycle, or motor vehicle so out
of repair, so loaded, or in any manner so as to create excessive or
unusual grating, grinding, rattling, or other noise, or the discharge
into the open air of the exhaust from any stationary steam engine,
stationary internal combustion engine or motorboat engine, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom, which exceed maximum permissible sound
levels in Table I herein.
E.
Heavy equipment. The operation of any pile driver, bulldozer, pneumatic
hammer, grinder, noise or other construction equipment which creates
a noise disturbance, except between 7:00 a.m. and 11:00 p.m. and except
in cases of urgent necessity in the interest of public safety.
F.
Construction. Any construction, excavation, demolition, alteration,
or repair which creates a noise disturbance, except between 7:00 a.m.
and 11:00 p.m. and in cases of urgent necessity in the interest of
public safety.
G.
Domestic equipment. The operation of or permitting to be operated
any power saw, drill, sander, router, lawn or garden device, leaf
blower or snowblower, insect control device or domestic equipment
so as to create a noise disturbance, except between 7:00 a.m. and
11:00 p.m. However, the use of snowblowers, chain saws, and other
domestic tools and equipment are exempted from these limits when they
are being used to clear driveways, streets, or walkways during and
within 24 hours after snowfalls, rainstorms, ice storms, windstorms,
or similar emergencies.
H.
Machinery. The operation of any machinery, equipment, pump, fan,
air-conditioning apparatus or other mechanical device in such a manner
as to create a noise disturbance which exceeds maximum permissible
sound levels in Table I herein.
I.
Loading and unloading. The loading or unloading of any materials,
equipment, and garbage cans or the handling of bales, boxes, crates,
containers, or similar objects so as to create a noise disturbance
which exceeds maximum permissible sound levels in Table I herein.
J.
Domestic animals. The howling, barking, whining, squawking, neighing,
or other sounds of domestic animals which occur continuously or intermittently,
or so frequently as to create a noise disturbance. (For purposes of
this subsection, "continuous" shall be a period of 10 minutes, and
"intermittent" shall be a period of 30 minutes.)
K.
The making of any noise for advertising purposes in any street or
public place, or by means of aircraft, or the advertisement of or
calling attention to any advertisement, article, business, calling
or profession upon any street, sidewalk, or entrance to a place of
business by means of any horn, megaphone, siren, bell, radio, or any
other sound-producing or sound-amplifying mechanism, instrument, or
device.
L.
Places of public entertainment. Operating or permitting to be operated
any loudspeaker or other source of sound in any place of public entertainment
which produces maximum levels of 90 dB(A) or greater at any point
that is normally occupied by human beings, as read with the slow response
on a sound-level meter, without a conspicuous and legible sign with
lettering no less than one inch high located outside such place, near
the entrance, stating: WARNING: SOUND ENVIRONMENT WITHIN MAY CAUSE
TEMPORARY HEARING IMPAIRMENT WHICH MAY BECOME PERMANENT WITH CONTINUED
EXPOSURE. The sound level across a real property line shall not exceed
the limits set forth in Table I.
M.
Alarms. The sounding or permitting of the sounding of any exterior
alarm on any building or motor vehicle, unless such alarm shall terminate
its operation within 15 minutes of its being activated.
N.
Stationary emergency signaling devices. Testing of only the electromechanical
functioning of a stationary emergency signaling device shall occur
at the same time each day when a test is performed, but not before
9:00 a.m. nor after 8:00 p.m. Any such testing shall not exceed one
minute.
A.
It shall be unlawful for any person to operate or permit to be operated
any noise source in such a manner as to create a sound pressure level
in dB(A) which exceeds the limits set forth in Table I when measured
at the real property boundary.
|
TABLE I
Maximum Permissible Sound Levels by Receiving Land Use
Category
| ||||
|---|---|---|---|---|
|
Receiving Land Use Category (dBA)
| ||||
|
Sound Source Land Use Category
|
Time Period
|
Residential
|
Business
|
Manufacturing
|
|
Residential
(First, Second and M-F)
|
7:00 a.m. to 11:00 p.m.
11:00 p.m. to 7:00 a.m.
|
105
100
|
110
105
|
115
110
|
|
Business and manufacturing
|
7:00 a.m. to 11:00 p.m.
|
110
|
115
|
115
|
|
(M1, M2 Zoning)
|
11:00 p.m. to 7:00 a.m.
|
105
|
110
|
115
|
B.
The restrictions set forth in this chapter shall not apply to alarms
as defined in § 166-5M of this chapter.
No person shall operate a motor vehicle on a public right-of-way
at any time in such manner that the sound pressure level emitted by
said vehicle exceeds the levels set forth in the New York State Vehicle
and Traffic Law.
A.
The use of any sound-producing, sound-reproducing or sound-amplifying
device, machinery, domestic equipment, heavy equipment, or engine
so as to cause the sound produced thereby to be audible outside the
building or beyond the boundary of the property (real and personal)
where it originates, between the hours of 11:00 p.m. and 7:00 a.m.
the following day, shall be presumptive, prima facie evidence of a
violation of this chapter.
B.
Barking, squawking, whining, neighing or any other domestic animal
sound which is audible at a point beyond the real property boundary
from which sounds emanates and which continues continuously for 10
minutes or intermittently for over 30 minutes, between the hours of
11:00 p.m. and 7:00 a.m., shall be presumptive, prima facie evidence
of a violation of this chapter.
A.
The following sounds are exempt from the operation of this chapter:
(1)
Emergency vehicles, such as fire, police or ambulance, while on emergency
calls using radios, sirens, horns, bells or whistles.
(2)
Parades, fireworks displays and/or other special events for which
permission has been granted by the Village, within such hours and
conditions as may be imposed by the permit.
(3)
Emergency construction work which is necessary for the protection
of life and property.
(4)
Trains, buses, aircraft or other items of transportation governed
by either the state or federal noise regulations.
(5)
Emergency alarms, such as fire alarms or burglar alarms, prior to
a reasonable opportunity for the owner or tenant in possession of
the premises served by such alarm to turn off the alarm.
(6)
Church bells which are to be rung to signal church services.
(7)
Music in connection with any military, civic or authorized parade,
funeral procession or religious ceremony, or any musical performance
conducted under a consent of municipal authority.
(8)
Municipal refuse collection.
(9)
Activities that are governed, authorized, or permitted under state
or federal regulations.
(10)
Routine maintenance activities on all Village-owned facilities,
such as parks, community centers, playgrounds and golf courses.
B.
It is the intention of the Village Board that this chapter, while
in addition to and supplementing the federal and state regulations,
be construed to secure for the people freedom from unlawful noise
as described herein, without violating any of the rights secured by
the Constitution of the State of New York.
The provisions of this chapter shall not apply to police officers
and firemen while in the discharge of duty.
A.
Any person seeking a variance pursuant to this chapter shall file
an application for a permit 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.
B.
The Village Board, upon receipt of such application and upon payment
of any fee which shall be required by the 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 newspapers of the Village in the same manner as an application
to the Zoning Board of Appeals is published. The applicant, in like
manner, 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 said site.
C.
In determining whether to grant or deny the application for a permit,
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 any other adverse
impacts of granting the special permit.
D.
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 permit hereunder.
E.
The Village Clerk shall notify appropriate Village departments of
the granting of variances and restriction imposed by the Village Board.
A.
A sound level meter conforming to ANSI (American National Standards
Institute) Type II Standards shall be used and shall be calibrated
prior to use. The calibrator shall be calibrated at least annually.
The Building Inspection Department and/or the Police Department of
the Village of Depew shall operate, witness and read the sound-level
meter(s) and related equipment. The wind velocity gauge shall confirm
to accepted standards and shall be checked periodically for accuracy.
B.
Court appearance tickets shall be issued by the Building Inspection
Department or Police Department.
A.
Any person who violates any portion of this chapter or harbors or
owns any animal which creates a violation of this chapter shall be
guilty of a violation and, upon conviction, shall be punished by a
fine not exceeding $250 or by imprisonment for a period not in excess
of 15 days, or by both such fine and imprisonment.
B.
The owner of any property and any person in control thereof when
anything in violation of this chapter shall occur shall be guilty
of a separate violation and, upon conviction thereof, shall be fined
or imprisoned as herein provided.
C.
Unless otherwise provided, each day a violation occurs shall be deemed
a separate violation for purposes of this chapter.
This chapter shall take effect as of May 29, 2012.
The existing Noise Ordinance of the Village of Depew, New York, effective 12-27-1971 by L.L. No. 2-1971 as Chapter 148 of the 1971 Code, as amended, is hereby repealed and replaced by this chapter, effective May 29, 2012.
