[HISTORY: Adopted by the Town Board of the Town of Rockland 8-20-2009 by L.L. No.
3-2009. Amendments noted where applicable.]
This chapter shall be known as the "Town of Rockland Noise Abatement
Law."
It is hereby declared to be the policy of the Town of Rockland
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 Town
of Rockland to establish standards, enforcement procedures and penalties.
As used herein, the following words and phrases shall have the
meanings below set forth:
A unit for measuring the volume of sound, equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to a standard pressure of 20 micronewtons per square
meter.
The pound-pressure level measured in decibels with a sound-level
meter set to A-weighting, expressed in dB(A).
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under ANSI Specifications S1.4-1971,
or the latest approved revision thereof.
Any electronic or electrical device that is used for the
production of sound, including, but not limited to, any loudspeaker,
radio, television, tape recorder, phonograph, compact disc player,
digital sound recording player or any other sound-amplifying equipment
or device.
The Town of Rockland.
Any sound which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of a reasonable person
of normal sensitivities under the circumstances.
No person shall, or no owner or occupant of any premises shall,
operate or permit to be operated or use or cause to be operated in
the Town any sound source that produces a sound level exceeding the
limitations in this section. The measurement of any sound or noise
shall be made with a sound-level meter using the A-weighted scale
and slow response, except for sounds or noises which occur in single
or multiple bursts with a duration of less than one second, for which
fast response shall be used. The sound-level determination or measurement
shall be conducted not nearer to the sound source than the closest
property line of the parcel on which such noise is generated, except
where otherwise specified, and in no case on public or private streets.
When the determination or measurement is made for a dwelling unit
of a multi-dwelling-unit building as the receiving property, all exterior
doors and windows of the dwelling unit shall be closed, and the determination
or measurement shall be taken not nearer than three feet from a common
wall.
A.Â
The production of sound by any equipment or device exceeding 40 dB(A)
between the hours of 8:00 p.m., prevailing time, and 9:00 a.m., prevailing
time, or exceeding 60 dB(A) between the hours of 9:00 a.m., prevailing
time, and 8:00 p.m., prevailing time, or otherwise at any time so
as to annoy or disturb the quiet, comfort, rest or repose, health
or safety of persons in any dwelling or other type of residence located
in the Town is prohibited.
[Amended 4-6-2017 by L.L.
No. 2-2017]
B.Â
Anything to the contrary in Subsection A above notwithstanding, the use of an amplifying or public address system shall be limited to brief announcements and messages, solely in the event of an emergency, for residents of the property upon which such system is located and on such occasions the sound produced thereby shall not exceed 40 dB(A) between the hours of 8:00 p.m., prevailing time, and 9:00 a.m., prevailing time, or exceeding 60 dB(A) between the hours of 9:00 a.m., prevailing time, and 8:00 p.m., prevailing time. The use of any sound amplifying or public address system to reproduce or broadcast any announcements, any radio or television program, or for the playing of any music or other form of sound from any source whatsoever, is hereby prohibited. The foregoing prohibition may be waived by resolution of the Town Board for purposes of a single special event upon prior written application and payment of such fee as the Town Board may, from time to time, prescribe by resolution.
[Added 4-6-2017 by L.L.
No. 2-2017]
The provisions of this chapter shall in no case supersede, remove
or render less restrictive limitations on noise generation or other
conditions imposed for specific properties and/or uses by actions
of the Town Planning Board and/or Town Zoning Board of Appeals or
as may otherwise be required pursuant to applicable laws or regulations.
The provisions of this chapter may be enforced by any police
agency, public agency, the Code Enforcement Officer or other officials
designated by the Town Board. The Town's Code Enforcement Officer
is hereby authorized to issue appearance tickets to compel appearance
in the Town Justice Court with respect to violations of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. IV)]
Any person who violates any provision of this chapter shall
be deemed guilty of an offense and, upon conviction thereof, shall
be punishable by a maximum fine of $250 or imprisonment for not more
than 15 days, or by both such fine and imprisonment. Each day that
a violation shall continue shall constitute a separate offense.
