This chapter shall be known as the "Noise Control Law of the
Town of Wappinger."
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. The following words
and terms, when used in this chapter, shall have the following meanings,
unless the context clearly indicates otherwise:
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound
level meter using the A-weighted network. The unit of measurement
is the dB(A). This frequency weighting network for the measurement
of sound levels shall comply with standards established by the American
National Standards Institute specifications for sound level meters
S1.4-1983, as amended.
ALL-TERRAIN VEHICLE
Any self-propelled vehicle which is manufactured for sale
for operation primarily on off-highway trails or off-highway competitions
and only incidentally operated on public highways and as further defined
by § 2281 of the New York State Vehicle and Traffic Law,
or any successor statute. All-terrain vehicles shall include, but
not be limited to, off-road motorcycles and minibikes.
CONSTRUCTION
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public
or private highways, roads, premises, parks, utilities or other property,
including but not limited to related activities such as land clearing,
grading, earthmoving, excavating, blasting, filling and landscaping.
CONTINUOUS SOUND
Sound which lasts one second or longer. Impulsive sounds
that are rapidly repetitive and have a duration of one second or longer
shall be measured as continuous airborne sound. Continuous sound shall
be measured by the slow response setting of a sound level meter.
dBA
The abbreviation designating the unit of sound level as measured
by a sound level meter using the A-weighting, also known as "dBA."
All references to "decibel" or "db" shall be presumed to mean "dBA"
unless otherwise specified.
DECIBEL
The practical unit of measurement for a 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),
abbreviated "dB."
DEMOLITION
The dismantling, destruction or removal of buildings, structures,
utilities or roadways.
EMERGENCY WORK
Any work or action necessary to deliver essential public
services, including, for example, but not limited to, repairing water,
gas, electricity, telephone, sewer, or public transportation facilities,
removing fallen trees on roads or highways, dredging navigational
waterways, or abating property- or life-threatening conditions.
EXTRANEOUS SOUND
An intermittent sound which is neither neighborhood residual
sound nor sound from the source under investigation.
FREQUENCY
The number of sound pressure oscillations per second, expressed
in Hertz, abbreviated "Hz."
IMPULSIVE SOUND
A single pressure peak or a single burst (multiple pressure
peaks) that has a duration of 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. Impulsive
sound that repeats four or more times in any hour is deemed to be
continuous sound.
MOTOR VEHICLE
Any motor vehicle as defined by § 125 of the New
York State Vehicle and Traffic Law, or any successor statute.
MUFFLER
An apparatus generally consisting of but not limited to a
series of chambers or baffles for the purpose of transmitting gases
while reducing sound levels.
NEIGHBORHOOD RESIDUAL SOUND LEVEL
That measured value which represents the summation of the sound from all of the discrete sources affecting a given site at a given time, exclusive of extraneous sound and the sound from the source of interest. Neighborhood residual sound level shall be measured in accordance with §
166-6K.
NOISE
Any sound of such level and duration as to be or tend to
be a public nuisance, or which is disruptive to the peace and quiet,
or which impairs the health, safety, welfare or quality of life of
individuals or the public.
PLAINLY AUDIBLE
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 the 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. In the case of
motor vehicles, the detection of the sound of a muffler or of an exhaust
by a person using his or her unaided hearing faculties is sufficient
to verify plainly audible sound. Plainly audible sound does not require
measurement with a sound level meter.
REAL PROPERTY LINE
Either:
A.
The imaginary line, including its vertical extension, that separates
one parcel of real property from another;
B.
The vertical and horizontal boundaries of a dwelling unit that
is part of a multidwelling unit building; or
C.
On a multiuse property, the interface between the two portions
of the property on which different categories of activity are being
performed (e.g., if the multiuse property is a building which is residential
upstairs and commercial downstairs, then the real property line would
be the interface between the residential area and the commercial area).
SOUND
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.
SOUND LEVEL
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B
or C as specified in the American National Standards Institute (ANSI)
specifications for sound level meters. If the frequency weighting
employed is not indicated, the A-weighting shall apply.
SOUND LEVEL METER
Any instrument including a microphone, an amplifier, an output
meter, and frequency weighting networks for the measurement of sound
levels in a specified manner and which complies with standards established
by the American National Standards Institute specifications for sound
level meters S1.4-1983, as amended.
SOUND PRODUCTION DEVICE
Any device whose primary function is the production of sound,
including, but not limited to, any musical instrument, loudspeaker,
radio, television, digital or analog music player, public address
system or sound-amplifying equipment.
SOUND SOURCE
Any person, animal, device, operation, process, activity,
or phenomenon that emits or causes sound.
TOTAL SOUND LEVEL
That measured level which represents the summation of the
sounds from the source under investigation and the neighborhood residual
sound level, excluding any extraneous sound, when measured on the
property of an affected person.
UTILITIES
Entities which provide essential and other services such
as and similar to gas and electric, water supply, sewage disposal,
telephone and cable TV services.
VIBRATION
An oscillatory motion of solid bodies of deterministic or
random natures described by displacement, velocity or acceleration
with respect to a given reference point.
WEEKDAY
Any day that is not a federal or state holiday, and beginning
on Monday at 7:00 a.m. and ending on the following Friday at 7:00
p.m.
WEEKEND
The portion of the week that begins on Friday at 7:00 p.m.
and ends on the following Monday at 7:00 a.m. and, for the purposes
of this definition, includes federal and state holidays.
This chapter shall apply to all sound created in the Town of Wappinger, except as provided in §
166-5 below.
Regardless of the decibel limits or any plainly audible standards,
the provisions of this chapter shall not apply to:
A. Sound emitted for the purpose of alerting people to an emergency,
performing emergency work, or correcting an emergency situation.
B. Sound from a church, synagogue, mosque, or other house of worship,
when part of religious activities.
C. Sound from educational or extracurricular activities of a public
or private school.
D. Sound from snowblowers, chain saws and other tools and equipment
are exempted from these limits when they are being used to clear driveways,
streets or walkways during and within 48 hours after snowfalls, rainstorms,
ice storms, windstorms or similar emergencies, so long as all internal
combustion engines are equipped with a properly functioning muffler.
E. Sound from a burglar alarm of any building or vehicle, provided such
burglar alarm terminates its operation within five minutes of activation.
F. Sound generated by concerts and events authorized or sponsored by
a governmental entity having jurisdiction within the Town of Wappinger.
G. Sound from farm operations as defined by the New York State Agriculture
and Markets Law.
H. The engine or exhaust sound of motor vehicles when on public roadways.
However, no internal combustion engine shall be operated at any time
or place in the Town of Wappinger without a properly functioning muffler.
I. Sound generated by garbage trucks as follows:
[Amended 11-25-2013 by L.L. No. 15-2013]
(1) On
weekdays between 5:00 a.m. and 10:00 p.m. when servicing of property
used for commercial, industrial, governmental, educational purposes
and for multifamily residential developments containing four or more
units;
(2) On
weekdays between 5:30 a.m. and 10:00 p.m. when servicing of properties
in one- and/or two-family residential zoning districts;
(3) On
weekends and legal holidays between 6:00 a.m. and 10:00 p.m.;
(4) Loaded
garbage trucks shall perform compacting operations in areas without
residences; and
(5) Whenever
an area contains a mix of different uses, the most restrictive standard
shall apply.
J. Sound generated by the normal operation of utilities as defined in
this chapter.
K. The sound generated by quieter backup alarms that are either self-adjusting
or manually adjusting and approved in accordance with OSHA regulations,
29 CFR 1926.601(b)(4) and 1926.602(a)(9) are exempt at all times.
L. The sound generated by backup alarms and other safety alarms approved
in accordance with OSHA regulations are exempt from 7:00 a.m. to 10:00
p.m.
M. Emergency energy release devices.
N. Sound to relocate wildlife authorized by a governmental agency.
O. Sound produced by aircraft flight operations.
P. Sounds produced by railroads.
Q. Sounds produced by the authorized use of explosive devices.
R. Sounds produced by fireworks displays authorized pursuant to Article
405 of the Penal Law.
S. Normal operation of a handgun, rifle, shotgun, skeet shooting or
trapshooting range that is permitted under the Code of the Town of
Wappinger or the laws of the State of New York.
T. Emergency electricity generators in use during an electrical outage.