As used in this chapter, the following terms shall have the
meanings indicated:
AMBIENT NOISE
The surrounding background noise generally associated with
a particular environment; the cumulative combination of disparate
sounds from more than one source.
COMMERCIAL PURPOSE
The use, operation, generation or maintenance of sound for
the purpose of advertising or promoting business, goods or services
or soliciting or attracting public attention to goods or services
for sale, lease or rental.
DECIBEL (dB)
A unit of energy/pressure used to represent the amplitude
or volume of sound waves. A decibel is equal to 20 times the logarithm
to the base 10 of the ratio of the measured sound-pressure level to
the reference sound pressure of 20 micropascals per square meter.
DECIBEL, A-WEIGHTED
An electric function of a sound-level meter, over the range
of perceptible frequencies, to approximate that of the human ear.
A noise volume measured by a sound-level meter using the A-weighted
filter is represented by the notation "dBA."
EMERGENCY WORK
Any work necessary to maintain public health, safety or welfare
following an emergency or public calamity or any work required to
protect persons or property from an imminent exposure of danger. Emergency
work includes, but is not limited to, snow removal, restoration of
public utilities and maintenance of public rights-of-way.
FREQUENCY
The number of times that a noise wave oscillation takes to
pass a single point. Units of noise frequency are represented by cycles
per second, commonly referred to as "hertz" (Hz).
HOLIDAYS
New Year's Day, Memorial Day, Independence Day, Thanksgiving
Day and Christmas Day.
MOTOR VEHICLE
All vehicles subject to regulation by the New York State
Department of Motor Vehicles. The term "motor vehicle," as used in
this chapter, includes mopeds, mini-bikes and go-carts.
NOISE
The unwanted, unwelcomed and unnecessary sound produced,
intentionally or unintentionally, by any act or in the course of any
activity.
NONCOMMERCIAL PURPOSE
The use, operation, generation or maintenance of sound for
any purpose other than a commercial purpose. "Noncommercial purpose"
includes, but is not limited to, philanthropic, political, patriotic
and charitable purposes.
SOUND
Any pressure variation in air perceptible to the human ear.
SOUND-AMPLIFYING EQUIPMENT
Any machine or device used for the amplification of sound.
"Sound-amplifying equipment," as used in this chapter, shall not include
any warning device, siren, horn or whistle used by emergency vehicles
or by any governmental agency to alert the public to an emergency
or warn of a dangerous condition.
SOUND-LEVEL METER
An instrument for the measurement of sound, conforming to
Type 1 or Type 2 ANSI standard under Specifications S1.4-1971, or
the latest approved revision thereof.
SOUND TRUCK
Any motor vehicle, regardless of method of power, whether
in motion or stationary, which has sound-amplifying equipment.
TOWN
The Town of East Fishkill.
UNREASONABLE INTRUSIVE NOISE
Any sound which would annoy, disturb or irritate a reasonable
person of normal sensitivities under the same circumstances, and time
of day and frequency.
The following sounds and noises are deemed beyond the scope
and intent of the Town to regulate and are not subject to this chapter.
A. Any sound intended to warn the public or indicate the existence of
an emergency condition, including any warning device, siren, horn
or whistle used by emergency vehicles or by any governmental agency
to alert the public to an emergency or warn of a dangerous condition.
This exception shall exempt the noise generated by business and residential
alarms permitted under the Town of East Fishkill Town Code when such
alarms are activated under circumstances indicating the existence
of an emergency condition.
B. Any sound within limits set by and under the jurisdiction of the
Federal Occupational Health and Safety Act or any other state or federal
act preempting local regulation.
C. Sound generated by or produced in association with a religious celebration
or observance.
D. Sounds associated with the operations of a farm regulated under the
Agricultural Law of the State.
E. Sounds associated with the performance of municipal-type activities
(i.e., police, fire, and refuse collection, water and sewer line repairs).
F. Sounds associated with the use by a duly constituted sportsman club
on property that was utilized by them prior to the adoption of this
chapter.
G. Snow, ice and tree removal equipment when being used in conjunction
with a storm or other weather event.
H. Sounds produced by equipment containing sound suppression equipment
meeting the original standards set by the manufacturer. (i.e., lawn
equipment).
I. Sounds produced by peddlers with a valid peddlers permit.
No person shall make, continue, cause or permit to be made,
verbally or mechanically, any unreasonable intrusive noise. The measurement
of such sound will be from within 10 feet from occupied residences
or other structures legally existing and which are customarily occupied
by residents of the property. Standards to be considered in determining
whether an unreasonably intrusive noise exists include, but are not
limited to, the following:
B. The frequency of the noise.
C. The periodicity of the noise.
D. Whether the noise is unusual and incongruous with the surrounding
environment.
E. The volume and frequency of the ambient noise, if any.
F. The proximity of the noise source to any residential, educational,
medical, religious or judicial facility.
G. The use, nature and character of the zoning district of the immediate
area where the noise source exists.
H. The time of day or night the noise occurs.
I. The duration of the noise.
The following list of acts and associated sounds are permissible
as of right and not subject to regulation under this chapter. This
enumeration is illustrative only and is not intended to be exhaustive.
Permissible acts and associated sounds include, but are not limited
to, the following:
A. Music performed in conjunction with any military or civic parade,
funeral procession or religious service or the use of any bell, chimes,
or other instrument, apparatus or device by any church or synagogue
or school licensed, charted or recognized by the State of New York,
provided that such performance or activity does not occur between
the hours of 10:00 p.m. and 7:00 a.m. of the following day.
B. Sounds created by any governmental agency, railroad or emergency
service organization intended to alert the public to an emergency
or warn of a dangerous condition.
C. Sounds created by public utilities in furtherance of fulfilling their
franchise.
D. Sounds generated by, or associated with, organized sporting events
of any public or private school or generated by, or associated with,
any sport or recreational activity sponsored or permitted by the Town.
E. Sounds generated by, or associated with, the activities of the Town
Department of Public Works.
F. Sounds generated on private property, amplified or unamplified, for
private, noncommercial use and enjoyment, provided that such sound
does not exceed 70 dBA as measured from within 10 feet from occupied
residences or other structures legally existing and which are customarily
occupied by residents of the property owned, rented or leased by any
person complaining that such sound is unreasonably intrusive.
G. Amplified noncommercial speech offered to express ideas or communicate
thought is permitted, provided that such sound does not exceed 70
dBA as measured from within 10 feet from occupied residences or other
structures legally existing and which are customarily occupied by
residents of the property owned, rented or leased by any person complaining
that such sound is unreasonably intrusive.
H. Routine construction work, unless prohibited by §
132-7, and all associated sounds and noises between the hours of 7:00 a.m. and 9:00 p.m., Monday through Friday and Saturdays between the hours of 8:00 a.m. and 9:00 p.m. All construction work includes, but is not limited to, building, repairing, blasting, when authorized by Town permit, grading, leveling, excavating and other similar acts and activities usually and customarily associated with building and construction.
I. Power tools, blowers and gasoline- and non-gasoline-powered engines
operating with sound suppression equipment meeting the manufacturers'
original standards.
J. Residential generators in use during power outages or other times
of emergency and for testing purposes or required by the manufacturer
for the proper maintenance thereof.
The following acts and associated sounds are prohibited under
this chapter. Prohibited acts and associated sounds include, but are
not limited to, the following:
A. The habitual, constant, repetitive, annoying or frequently sounding
of any horn or signal device on any motor vehicle, except as a warning
signal pursuant to the provisions of the Vehicle and Traffic Law of
the State of New York.
B. The use or operation of any radio, television, phonograph, musical
instrument or instruments, loudspeaker, sound-amplification equipment
or other machine or device for the production or reproduction of sound
so as to create an unreasonably intrusive noise.
C. Any unreasonably intrusive noise exceeding 70 dBA at any time within
a residential district or exceeding 75 dBA within any other district
between the hours of 9:00 p.m. and 7:00 a.m., Monday through Friday,
or exceeding 70 dBA before 8:00 a.m. or after 9:00 p.m., Saturday,
or exceeding 70 dBA between the hours of 12:01 a.m. and 11:59 p.m.
on Sunday or any recognized holiday. The measurement of such sound
will be from within 10 feet from occupied residences or other structures
legally existing and which are customarily occupied by residents of
the property.
D. The keeping or harboring of any animal, fowl or bird which disturbs
the peace, comfort or repose of any person residing in the vicinity
by causing unreasonably intrusive noise. This section shall not pertain
to legally existing agricultural properties within the Town.
E. The discharge of exhaust into the open air generated by any steam
engine, internal-combustion engine, stationary or mobile, air compressor
or other device which creates an unreasonably intrusive noise, except
where such discharge is through a muffler or other device which effectively
prevents loud, unusual or explosive noise.
F. Construction work, including but not limited to the operation of
mechanical machinery or equipment, blasting, grading, leveling and
excavating, between the hours of 9:00 p.m. and 7:00 a.m., Monday through
Friday, before 8:00 a.m. or after 9:00 p.m., Saturday, or between
the hours of 12:01 a.m. and 11:59 p.m. on any Sunday or recognized
holiday.
G. The operation of gasoline-powered lawn mowers, leaf blowers or other
gasoline-powered lawn or garden equipment or construction tools between
the hours of 9:00 p.m. and 7:00 a.m., any weekday, before 8:00 a.m.
or after 9:00 p.m., Saturday or any holiday, or before 8:00 a.m. or
after 9:00 p.m., Sunday.
H. The use or operation of any radio, phonograph, musical instrument,
loudspeaker, sound amplifier or other machine or device for the production
or reproduction of sound intended as a commercial advertising or solicitation
unless permitted by the Chief of Police.
I. The use of any drum, bell, loudspeaker or other instrument or device
for the purpose of attracting attention to any solicitation, performance,
show, sale or display of merchandise unless permitted by the Chief
of Police.
J. No person shall keep or harbor a dog which howls or barks in violation
of this section.
(1) It shall constitute a violation of this section if the howling or
barking occurs and is audible beyond the property line of the premises
on which the dog is located:
(a)
For more than five consecutive minutes repeatedly, repetitiously,
habitually between the hours of 10:00 p.m. and 8:00 a.m.; or
(b)
For more than 15 consecutive minutes between the hours of 8:00
a.m. and 10:00 p.m.; or
(c)
For a shorter duration than cited above, but on more than five
occasions within a given ten-day period if attested to by complaints
from two or more separate properties. It shall be a defense to such
violation if the owner of the dog proves by a preponderance of the
evidence that the only reason the dog was howling was that the dog
was being provoked by a person or was otherwise being incited, or
was acting as a guide dog, hearing dog, service dog or police work
dog.
(2) "Consecutive" for this section will mean either intermittent or continual.
In lieu of filing either a criminal or civil proceeding, the
Chief of Police may issue a warning to anyone accused of having violated
the provisions herein.
Any complaint filed hereunder may, upon consent of all parties,
be referred for binding mediation/arbitration by the Chief of Police.
The Town shall make available an independent mediation service for
this purpose. If mediation is completed, the complaint will be deemed
resolved.