[HISTORY: Adopted by the Board of Trustees of the Village
of the Branch as Ch. 55 of the 1973 Code; amended in its entirety
at the time of adoption of Code (See Ch. 1, General Provisions, Art.
I). Subsequent amendments noted where applicable.]
As used in this chapter, the following words and phrases shall
be defined as set forth below:
An all-encompassing composite of sounds from many sources
associated with a given environment.
That which can be heard by a person of normal hearing ability.
The sound pressure level as measured in decibels on a sound
level meter using the A-weighting network slow response (dBA).
Any property currently or hereinafter not zoned as residential
property.
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition, of buildings or structures.
Any sound that is not an impulsive sound.
The A-weighted sound level in decibels, as measured by a
general-purpose sound level meter complying with the provisions of
the American National Standards Institute Specifications for Sound
Level Meters (ANSI SI.4 1971), properly calibrated and operated on
the A-weighting network.
A unit for measuring the pressure level of a sound, equal
to 1/10 of a bel.
Any work or action necessary to deliver essential services,
including, but not limited to, repairing water, gas, electricity,
telephone and sewer facilities and public transportation, removing
fallen trees on public rights-of-way and abating life-threatening
conditions.
A sound characterized by brief excursions of peak sound pressure
which significantly exceed the ambient sound.
Any sound that:
Disturbs a reasonable person of normal sensitivities.
Is audible outside the real property boundary from which it
originates and is loud, disturbing, unreasonable and/or unnecessary
under the circumstances, as well as plainly audible in any other person's
residence and the source of sound is discernible regardless of whether
doors and windows are closed.
A noise disturbance may be substantiated by either of the following:
Sworn affidavits from two or more residents who are in general
agreement as to the times and durations of the noise and who reside
in separate residences.
A noise in excess of the maximum permissible A-weighted sound
levels as determined by a qualified technician using a sound level
device and reported on a form approved by the Smithtown Public Safety
Department.
The maximum absolute value of the instantaneous sound pressure
level during a specified time interval.
Any firm, partnership, corporation, association or individual.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or similar place that is owned or controlled by a governmental entity.
Any real property or structures therein that are owned or
controlled by a governmental entity.
Any property used for human habitation.
Any variation in ambient barometric pressure.
Any radio device or apparatus or any device or apparatus
for the amplification of sounds from any radio, phonograph or other
sound-making or sound-producing device or any device or apparatus
for the reproduction or amplification of the human voice or other
sounds.
When measured in decibels, equal to 20 times the logarithm
to the base 10 of the ratio of the effective pressure of the sound
measured to the standard reference pressure of a sound.
Any person, animal, device, operation, process, activity,
or phenomenon which emits or causes sound.
Twenty micronewtons per square foot.
No person shall cause, suffer, allow or permit to be made verbally,
electronically, or mechanically any noise disturbance.
A.
No person shall cause, suffer, allow or permit the following acts:
(1)
Sound device or apparatus: operating, playing or permitting the operation or playing of any sound device or apparatus as defined in § 180-1 in such a manner as to create a noise disturbance; or the operation of any such device between the hours of 11:00 p.m. and 8:00 a.m. in such a manner as to be audible at a distance of 50 feet from the building, structure, vehicle or area in which it is located.
(2)
Animals and birds: owning, possessing or harboring any animal or
bird that frequently or for continued duration makes sounds that create
a noise disturbance across a residential real property line. For the
purpose of this subsection, a "noise disturbance from an animal or
bird" shall be defined as the making of any sound which is audible
across a real property line for 15 minutes in any one-hour interval.
(4)
Construction: operating or permitting the operation of any tools
or equipment used in construction, drilling, earthmoving, excavating
or demolition work between the hours of 6:00 p.m. and 8:00 a.m. the
following day on weekdays or at any time on weekends or legal holidays,
except for:
(5)
Horns and signaling devices: the sounding of any horn, signaling
device or alarm (except as in danger warning pursuant to § 375
of the Vehicle and Traffic Code 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.
(6)
Shouting and yelling: shouting, yelling, singing, calling, hooting
or whistling so as to create a noise disturbance.
(7)
Construction or repairing of buildings and incidental areas: any
construction, excavation, demolition, alteration or repair which creates
a noise disturbance, except between the hours of 8:00 a.m. and 6:00
p.m. on weekdays and except in cases of emergency or in the interest
of public safety.
(8)
Institutional buildings: the creation of any noise disturbance on
any street adjacent to any school, place of worship, court, or hospital,
while same is in use, which unreasonably interferes with the workings
of such institution or which disturbs or unreasonably annoys occupants,
visitors or employees of such institutions, provided that conspicuous
signs are displayed in such streets indicating that the same is a
school, hospital, court, or place of worship.
(9)
Peddlers and vendors: the shouting of peddlers and vendors which
disturbs the peace and quiet of the neighborhood so as to create a
noise disturbance.
(10)
Domestic equipment: the operation of or permitting to be operated
any power saw, drill, sander, router, lawn or garden device, leaf
or snow blower, insect control device or domestic equipment so as
to create a noise disturbance, except between the hours of 8:00 a.m.
and 8:00 PM on weekdays and weekends, and except in cases of emergency
or in the interest of public safety.
(11)
Sound device or apparatus: operating, playing or permitting
the operation or playing of any sound device or apparatus, including,
but not limited to, loudspeakers, speaker systems, outdoor public
address systems, or any device for the production or reproduction
of sound, in such a manner so as to create a noise disturbance.
(12)
Explosives, firearms, fireworks and similar devices: the use
or firing of explosives, firearms, fireworks or similar devices so
as to create a noise disturbance, except as permitted by any other
federal, state, county or local law.
(13)
Generators: the use of a generator when there is no power outage
caused by a storm or other emergency, except for routine testing.
(14)
Trash collection: the collection of trash between the hours
of 11:00 p.m. and 6:00 a.m.
A.
No person shall cause, suffer, allow or permit the operation of any
source of sound on a particular category of property or any public
lands or right-of-way in such a manner as to create a sound level
that exceeds the particular sound level limits set forth in Table
I[1] when measured at or within the real property line of the receiving property, except those acts specifically prohibited in § 180-2 of this chapter for which no measurement of sound is required.
[1]
Editor's Note: Table I is included as an attachment to
this chapter.
B.
The following are exempt from the A-weighted sound pressure level
limits of Table I:
(1)
The noise of domestic power tools, lawn mowers and agricultural equipment, when operated with a muffler during permitted hours designated in § 180-2A(10), provided that they produce less than 70 dBA at any real property line of a residential property.
(2)
The sound from church bells and church chimes when a part of a religious
observance or service.
(4)
The noise from snowblowers, snow throwers and snowplows, when operated
with a muffler, for the purpose of snow removal.
(5)
The noise from a burglar alarm of any building or motor vehicle,
provided that such burglar alarm shall terminate its operation within
15 minutes after it has been activated and shall not operate more
than 15 minutes in any one-hour period.
It shall be unlawful for any person to use or operate or cause
to be used or operated any sound device or apparatus in, on, near
or adjacent to any public street, park or place for commercial or
business advertising purposes.
The provisions of this chapter shall not apply to:
A.
The emission of sound for the purpose of alerting persons to the
existence of an emergency or the creation of sound in the performance
of emergency work, including, but not limited to, fire alarms and
whistles.
B.
Noise from noncommercial public speaking and public assembly activities
conducted on any public space or public right-of-way.
C.
Noise from municipally sponsored celebrations or events.
Any person who shall violate any of the provisions of this chapter
shall be guilty of an offense, and such violation shall be punishable
by a fine of up to $250 for the first offense, not less than $500
for the second offense, and not less than $1,000 for the third and
subsequent offenses or imprisonment of not more than 15 days, or both.
