[HISTORY: Adopted by the Town Board of the Town of Oyster
Bay 7-24-1990. Amendments noted where applicable.]
This chapter may be cited as the "Noise Control Ordinance."
A.
Terminology. All terminology used in this chapter not defined below
shall be in conformance with applicable publications of the American
National Standards Institute (ANSI) or its successor body.
B.
A-WEIGHTED SOUND LEVEL
COMMERCIAL AREA
CONSTRUCTION
DECIBEL (dB)
DEMOLITION
EMERGENCY
EMERGENCY WORK
GROSS VEHICLE WEIGHT RATING (GVWR)
INDUSTRIAL AREA
MOTORBOAT
MOTOR CARRIER VEHICLE ENGAGED IN INTERSTATE COMMERCE
MOTORCYCLE
MOTOR VEHICLE
MUFFLER or SOUND DISSIPATIVE DEVICE
NOISE
NOISE DISRUPTION
NOISE DISTURBANCE
NOISE-SENSITIVE ZONE
PERSON
POWERED MODEL VEHICLE
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY BOUNDARY
RESIDENTIAL AREA
SOUND
TIME
VIBRATION
WEEKDAY
As used in this chapter, the following terms shall have the meanings
indicated:
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network. The level so read is designated
dB(A) or dBA.
Any area designated for commercial uses under the Town of
Oyster Bay Building Zone Ordinance.[1]
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition.
A unit for measuring the volume of a 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 (20 micronewtons
per square meter).
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
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 value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle, shall be used.
An area designated for any industrial use under the Town
of Oyster Bay Building Zone Ordinance.[2]
Any vessel which operates on water and which is propelled
by a motor, including but not limited to boats, barges, amphibious
craft, water ski towing devices and hover craft.
Any vehicle for which regulations apply pursuant to Section
18 of the Federal Noise Control Act of 1972, P.L. 92-574, as amended,
pertaining to motor carriers engaged in interstate commerce.
An unenclosed motor vehicle having a saddle for the use of
the operator and two or three wheels in contact with the ground, including
but not limited to motor scooters and minibikes.
Any vehicle which is propelled or drawn on land by a motor,
such as but not limited to passenger cars, trucks, truck-trailers,
semitrailers, campers, goKarts, snowmobiles, amphibious craft on land,
dune buggies or racing vehicles, but not including motorcycles.
A device for abating the sound of escaping gases of an internal
combustion engine.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
The creation of any sound which interferes with the reasonable
and normal activities of reasonable persons of normal sensitivities
lawfully occupying an area adjacent to the source of said sound.
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.
Time of day, volume and duration are factors considered when determining
said sound to be a "noise disturbance."
Any area designated pursuant to this chapter for the purpose
of ensuring exceptional quiet.
Any individual, association, partnership or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state.
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle, which is not designed to carry persons, including
but not limited to any model airplane, boat, car or rocket.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
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 designated for any residential use under the Town
of Oyster Bay Building Zone Ordinance.[3]
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that cause compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
All "time" references are made to prevailing time.
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.
[Amended 6-26-2018 by L.L. No. 6-2018]
A.
The Town of Oyster Bay Department of Public Works shall have the
following duties with respect to this chapter:
(1)
Review of actions of other departments. To request any other department
or agency responsible for any proposed or final standard, regulation
or similar action or construction activity to consult on the advisability
of revising the action, if there is reason to believe that the action
is not consistent with this chapter;
(2)
Review of public projects. To review public projects, subject to
mandatory review or approval by its department, for compliance with
this chapter, if such projects are likely to cause sound or vibration
in violation of this chapter;
(3)
Inspections. To stop any owner or operator of any motorboat operated
on any public waterway, including but not limited to any Town facility,
reasonably suspected of violating this chapter, and issue a notice
of violation and/or summons; and
(4)
Investigate and pursue violations. To investigate and pursue possible
violations of this chapter.
B.
The Town of Oyster Bay Department of Planning and Development shall
have the following duties with respect to this chapter:
(1)
Review of private projects. To review private projects, subject to
mandatory review or approval by its department, for compliance with
this chapter, if such projects are likely to cause sound or vibration
in violation of this chapter;
(2)
Inspections. Upon presentation of proper credentials, to enter and
inspect any private property or place and inspect any report or records
at any reasonable time when granted permission by the owner or by
some other person with apparent authority to act for the owner. When
permission is refused or cannot be obtained, a search warrant or other
court order may be sought;
(3)
Investigate and pursue violations. To investigate and pursue possible
violations of this chapter and to issue notice of violation and/or
summons; and
(4)
Provide capital improvement guidelines. To establish noise assessment
guidelines for the evaluation of proposed capital improvements. These
guidelines shall assist in the determination of the relative priority
of each improvement in terms of noise impact.
C.
The Town of Oyster Bay Department of Environmental Resources shall
have the following duties with respect to this chapter:
[Amended 3-15-2022 by L.L. No. 5-2022]
(1)
The Division of Environmental Planning and Technical Review, in compliance
with state and local law, shall conduct environmental reviews of all
actions as required, and in doing so shall apply the provisions of
this chapter.
D.
Nothing in this section shall be construed to preclude enforcement
by any duly authorized law enforcement body having jurisdiction in
the Town of Oyster Bay.
A.
Noise disturbances prohibited. No person shall make, continue or
cause to be made or continued any noise disturbance at any time.
B.
Specific prohibitions. The following acts and the causing thereof
are declared to be in violation of this chapter:
(1)
Radios, television sets, musical instruments and similar devices.
(a)
Operating, playing or permitting the operation or playing of
any radio, television, phonograph, drum, musical instrument, sound
amplifier or similar device which produces, reproduces or amplifies
sound:
[1]
Between the hours of 10:00 p.m. the previous day to 8:00 a.m.,
Monday through Saturday, and 11:00 p.m. the previous day to 9:00 a.m.
on Sunday or Holidays in such a manner as to create a noise disruption
across a real property boundary or within a noise-sensitive zone.
[2]
In such a manner as to create a noise disruption at approximately
50 feet from such device, when operated in or on a motor vehicle on
a public right-of-way or public space or in a boat on public waters;
or
[3]
In such a manner as to create a noise disruption to any person
other than the operator of the device, when operated by any passenger
on a common carrier.
(2)
Loudspeakers and public address systems. Using or operating for any
purpose any loudspeaker, public address system or similar device such
that the sound therefrom creates a noise disruption across real property
boundary or within a noise sensitive zone or between the hours of
10:00 p.m. the previous day to 8:00 a.m., Monday through Saturday,
and 10:00 p.m. the previous day to 9:00 a.m. on Sunday or Holidays
on a public right-of-way or public space.
(3)
Street sales. Offering for sale or selling anything by shouting or
outcry within any residential or commercial area of the town, except
in a stadium or sports arena.
(4)
Animals and birds. Owning, possessing or harboring any animal or
bird which, for a long continuous and frequent duration in excess
of 30 minutes, howls, barks, meows, squawks or makes other sounds
which create noise disruption across a residential real property boundary
or within a noise-sensitive zone.
(5)
Loading and unloading. Loading, unloading, opening closing or other
handling of boxes, crates, containers, building materials or similar
objects between the hours of 10:00 p.m. the previous day to 7:00 a.m.,
Monday through Saturday, and 10:00 p.m. the previous day to 8:00 a.m.
on Sunday or Holidays in such a manner as to cause a noise disruption
across a residential real property boundary or within a noise-sensitive
zone.
(6)
Commercial equipment. Operating or permitting the operation of any
commercial tools or commercial equipment (e.g., air-conditioning and
refrigeration systems) between the hours of 10:00 p.m. the previous
day and 8:00 a.m. in such a manner as to create a noise disturbance
across a residential real property or within a noise-sensitive zone.
(7)
Construction. Operating or permitting the operation of any tools
or equipment used in construction, drilling or demolition work:
(a)
Between the hours of 10:00 p.m. the previous day to 7:00 a.m.,
Monday through Saturday, and at any time on Sunday or Holidays, such
that the sound therefrom creates a noise disruption across a residential
real property boundary or within a noise-sensitive zone, except for
emergency work or public service utilities.
(8)
Vehicle or motorboat repairs and testing. Repairing, rebuilding,
modifying or testing any motor vehicle, motorcycle or motorboat in
such a manner as to cause a noise disruption across a residential
real property boundary or within a noise-sensitive zone from 10:00
p.m. the previous day to 8:00 a.m., Monday through Saturday, and 10:00
p.m. the previous day to 9:00 a.m. on Sunday or Holidays.
(9)
Airport and aircraft operations. Nothing in this section shall be
construed to prohibit, restrict, penalize, enjoin or in any manner
regulate the movement of aircraft which are in all respects conducted
in accordance with or pursuant to applicable federal laws, regulations
and local laws or ordinances.
(10)
Explosives, firearms and similar devices. The use or firing
of explosives, firearms or similar devices which create impulsive
sound so as to cause a noise disruption across a real property boundary
or on a public space or right-of-way.
(11)
Powered model vehicles. Operating or permitting the operation
of powered model vehicles so as to create a noise disruption across
a residential real property boundary, in a public space or within
a noise-sensitive zone between the hours of 10:00 p.m. the previous
day to 8:00 a.m., Monday through Saturday, and 10:00 p.m. the previous
day to 9:00 a.m. on Sunday or Holidays.
(12)
Vibration. Operating or permitting the operation of any device
that creates vibration which is above the vibration perception threshold
of an individual at or beyond the property of the source if on private
property or at approximately 50 feet from the source if on a public
space or public right-of-way. For the purposes of this section "vibration
perception threshold" means the minimum ground- or structure-borne
vibrational motion necessary to cause a normal person to be aware
of the vibration by such direct means as, but not limited to, sensation
by touch or visual observation of moving objects. This section shall
not apply to construction activities performed in compliance with
all applicable federal, state and any local laws and ordinances.
(13)
Stationary nonemergency signaling devices.
(a)
Sounding or permitting the sounding of any signal from any stationary
bell, chime, siren, whistle or similar device intended primarily for
nonemergency purposes, from any place, for more than one minute in
an hourly period.
(b)
Devices used in conjunction with places of religious worship
shall be exempt from the operation of this provisions.
(14)
Emergency signaling devices.
(a)
The intentional sounding or permitting the sounding outdoors of any fire, burglar or civil defense alarm, siren, whistle or similar stationary emergency signaling device, except for emergency purposes or for testing, as provided in Subsection B(14)(b).
(b)
Testing.
[1]
Testing of a stationary emergency signaling device shall occur
at the same time of day each time such a test is performed, but not
before 9:00 a.m. or after 9:00 p.m. Any such testing shall use only
the minimum cycle test time. In no case shall such test time exceed
60 seconds.
[2]
Testing of the complete emergency signaling system, including the functioning of the signaling device and the personnel response to the signaling device, shall not occur more than once in each calendar month. Such testing shall not occur before 8:00 a.m. or after 6:00 p.m. The time limit specified in Subsection B(14)(b)[1] shall not apply to such complete system testing.
(c)
Sounding or permitting the sounding of any exterior burglar
alarm or any motor vehicle burglar alarm unless such alarm is automatically
terminated within six minutes of activation.
(15)
Motorboats. Operating or permitting the operation of any motorboat
in any harbor, bay, sound area or other waterway in such manner as
to create a noise disruption at approximately 50 feet or the nearest
shoreline, whichever distance is less.
(16)
Domestic power tools. Operating or permitting the operation
of any mechanically powered saw, sander, drill, grinder, lawn or garden
tool, snowblower or similar device used in residential areas between
the hours of 10:00 p.m. the previous day to 8:00 a.m., Monday through
Saturday, and 10:00 p.m. the previous day to 9:00 a.m. on Sundays
or Holidays so as to cause a noise disruption across a residential
real property boundary.
(17)
Tampering. The following acts or the causing thereof are prohibited:
(a)
The removal or rendering inoperative by any person, other than
for purposes of maintenance, repair or replacement, of any noise control
device or element of design.
(b)
The moving or rendering inaccurate or inoperative of any sound-monitoring
instrument or device positioned by or for the Town of Oyster Bay or
its agent or employee, provided that such device or the immediate
area is clearly labeled or identified.
(c)
The use of a product which has had a noise control device or
element of design rendered inoperative, with knowledge that such action
has occurred.
(18)
Leaf blowers. The operation of any motorized leaf-blower device
prior to 8:00 a.m., prevailing time, or after 7:00 p.m., prevailing
time, weekdays, or prior to 9:00 a.m., prevailing time, or after 5:00
p.m., prevailing time, weekends and national holidays.
[Added 10-1-1996 by L.L. No. 2-1996]
A.
Emergency exception. The provisions of this chapter shall not apply
to the emission of sound for the purpose of alerting persons to the
existence of an emergency or the emission of sound in the performance
of emergency work.
B.
Municipal operation exception. The provisions of this chapter shall
not apply to the emission of sounds created in conjunction with the
performance of valid municipal functions by town or private entities.
C.
Lawful hunting exception. The provisions of this chapter shall not
apply to the emission of sounds created in conjunction with lawful
hunting at New York State approved hunting areas when proper hunting
licenses are obtained.
A.
No person shall operate or cause to be operated a public or private
motor vehicle or motorcycle on a public right-of-way at any time in
such a manner that the sound level emitted by the motor vehicle or
motorcycle exceeds the level set forth in applicable federal regulations.
Since newly manufactured motor vehicles of all kinds, including trucks,
automobiles and motorcycles, are covered by applicable federal regulations,
it is not the intent of this chapter to regulate the standards for
newly manufactured vehicles.
B.
Adequate mufflers or sound dissipative devices.
(1)
No person shall operate or cause to be operated any motor vehicle
or motorcycle not equipped with a muffler or other sound dissipative
device in good working order and in constant operation.
(2)
No person shall remove or repair inoperative or cause to be removed
or rendered inoperative, other than for purposes of maintenance, repair
or replacement, any muffler or sound dissipative device on a motor
vehicle or motorcycle.
C.
Motor vehicle horns and signaling devices. The sounding of any horn
or other auditory signaling device on or in any motor vehicle except
as a warning of danger is a violation of this chapter.
D.
Standing motor vehicles. No person shall operate or permit the operation
of any motor vehicle with a gross vehicle weight rating (GVWR) in
excess of 10,000 pounds or any auxiliary equipment attached to such
a vehicle for a period longer than 10 minutes in any hour while the
vehicle is stationary, for reasons other than traffic congestion on
a public right-of-way or public space, within 150 feet of a residential
area between the hours of 10:00 p.m. the previous day to 9:00 a.m.,
Monday through Saturday, and 9:00 p.m. the previous day to 8:00 a.m.
on Sunday or Holidays.
E.
Recreation motorized vehicles operating off public right-of-way.
No person shall operate or cause to be operated any recreational motorized
vehicle off a public right-of-way in such a manner that the sound
level emitted therefrom creates a noise disruption at a distance of
approximately 50 feet or more from the path of the vehicle when operated
on a public space or at or across the boundary of private property
when operated on private property. This section shall apply to all
recreational motorized vehicles, whether or not duly licensed and
registered, including but not limited to commercial or noncommercial
racing vehicles, motorcycles, goKarts, snowmobiles, amphibious craft,
campers and dune buggies, but not including motorboats.
A.
Immediate threats to health and welfare.
(1)
The Town of Oyster Bay or its agent or employee shall order an immediate
halt to any sound which exposes any person to continuous sound levels
in excess of those shown in Table I or to impulsive sound levels in
excess of those shown in Table II. Within five days following issuance
of such an order, the Town of Oyster Bay or its agent or employee
shall apply to the appropriate court for an injunction to replace
the order.
(2)
Any person subject to an order issued pursuant to Subsection A(1) shall comply with such order until the sound is brought into compliance with the order, as determined by the Town of Oyster Bay or its agent or employee, or a judicial order has superseded the Town of Oyster Bay or its agent or employee.
|
TABLE I
| |
|---|---|
|
CONTINUOUS SOUND LEVELS WHICH POSE AN IMMEDIATE THREAT
TO HEALTH AND WELFARE
(measured at 50 feet or 15 meters)
| |
|
Sound Level Limit
(dBA)
|
Duration
|
|
90
|
24 hours
|
|
93
|
12 hours
|
|
96
|
6 hours
|
|
99
|
3 hours
|
|
102
|
1.5 hours
|
|
105
|
45 minutes
|
|
108
|
22 minutes
|
|
TABLE II
| |
|---|---|
|
IMPULSIVE SOUND LEVELS WHICH POSE AN IMMEDIATE THREAT
TO HEALTH AND WELFARE
(measured at 50 feet or 15 meters)
| |
|
Sound Level Limit
(dBA)
|
Number of Repetitions per 24-Hour Period
|
|
145
|
1
|
|
135
|
10
|
|
125
|
100
|
B.
Other remedies. No provision of this chapter shall be construed to
impair any common law or statutory cause of action or legal remedy
therefrom of any person for injury or damage arising from any violation
of this chapter or from other law.
[Amended 3-7-2023 by L.L. No. 4-2023]
Any person who shall violate any portion of the chapter herein
or regulation thereon or fail to comply therewith or with any of the
requirements thereof shall be guilty of an offense punishable by a
fine not exceeding $350 or imprisonment for a period not to exceed
six months, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of five years, punishable by a fine not less than $350 nor more than
$700 or imprisonment for a period not to exceed six months, or both;
and upon conviction for a third or subsequent offense, all of which
were committed within a period of five years, punishable by a fine
not less than $700 nor more than $1,000 or imprisonment for a period
not to exceed six months, or both. However, for the purpose of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter or of such regulation shall be deemed misdemeanors,
and, for such purpose only, all provisions of law relating to misdemeanors
shall apply to such violations. Each week's continued violation shall
constitute a separate additional violation.
[Added 8-19-1997 by L.L. No. 6-1997; 3-7-2023 by L.L. No. 4-2023]
In addition to and notwithstanding any other remedy for an offense
against this chapter, any person violating a directive issued by the
Commissioner or his/her duly authorized representative, made pursuant
to the provisions of this chapter, shall be guilty of a violation
punishable by a fine not exceeding $900 or imprisonment for a period
not to exceed 15 days, or both.
[Added 3-7-2023 by L.L. No. 4-2023]
Any person found by the Bureau of Administrative Adjudication to have violated any provision of this chapter shall be subject to a monetary penalty within the range of fines authorized herein for the first and second violations of same. A third or subsequent violation of this chapter within a period of six months shall be deemed a misdemeanor, pursuant to § 156-8 herein and shall be within the jurisdiction of the District Court of Nassau County or other court of competent jurisdiction.
