This chapter shall be known and may be cited as "the Town of
Brutus Noise Abatement Law."
It is hereby declared to be the policy of the Town Board to
prevent unreasonably loud, disturbing and unnecessary noise and to
reduce noise level within the Town so as to preserve, protect and
promote the public health, safety and welfare and to foster convenience,
peace and quiet within the Town by the inhabitants and transients
thereof. The Town Board finds that every person is entitled to have
maintained noise levels which are not detrimental to life, health
and the enjoyment of property and that excessive and unnecessary noise
within the Town affects and is a menace to public health, safety,
welfare and the comfort of the people of the Town. While problems
involving the disturbance of peace and quiet by noise from various
activities are best solved by thoughtful discussions and cooperative
agreements between affected parties, there will be situations where
this is not possible; in such cases, the Town Board has established
standards, variance procedures, enforcement procedures and penalties
to resolve such problems.
For the purposes of this chapter, the terms used herein are
defined as follows:
A-WEIGHTED SOUND LEVEL
The sound level, in decibels, reported as measured by a sound-level
measuring instrument having an A-weighting network which discriminates
against the lower frequencies according to a relationship approximating
the auditory sensitivity of the human ear. The level so read is designated
"dBA."
DECIBEL (dB)
The practical unit of measurement for 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."
NOISE
That level of sound which, in each context described, hereunder
either:
A.
Annoys, disturbs or perturbs a reasonable person of normal auditory
sensitivities, or any sound which injures or endangers the comfort,
repose, health, hearing, peace or safety of a reasonable person of
normal auditory sensitivities; or
B.
Is loud, disturbing, unusual, unreasonable and unnecessary,
as well as audible outside the structure or the real property boundary
from which it originates.
REAL PROPERTY LINE
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit
building.
SOUND DEVICE OR APPARATUS
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
SOUND LEVEL
The sound pressure level measured in decibels with a sound-level
meter set for A-weighting. Sound level is expressed in dBA.
UNNECESSARY
That which is not required by the usual circumstances.
The following sounds shall not be deemed to be a violation of
this chapter:
A. Church bells: sounds created by church bells or chimes.
B. Warning devices: sounds created by any government agency or by the
use of public warning devices.
C. Lawn mowers/tools: sounds created by lawn mowers (equipped with mufflers,
as applicable), manual and power tools and household appliances, provided
that noise from such uses will be reduced to permissible sound limits
under this law between the hours of 11:00 p.m. and 7:00 a.m.
D. Carbide cannons or poppers: sounds created by carbide cannons or
poppers used by persons having not less than 10 acres in crop cultivation
at that same location during the growing season.
E. Public utilities: sounds created by public utilities in carrying
out the operation of their franchises.
F. Sporting events: sounds connected with sporting events of any public
or private school. Noise from such events will be reduced to permissible
sound limits under this law between the hours of 11:00 p.m. and 7:00
a.m.
G. Public entertainment: Temporary, nonregular events such as a carnival,
fair or parade, only as allowed by permit of the Town Board or any
other designated authority of the Town Board. Noise from such events
will be reduced to permissible sound limits under this law between
the hours of 11:00 p.m. and 7:00 a.m.
H. Agricultural machines and vehicles (when used in support of agricultural
activities).
I. Snowblowers/snowplows: sounds from equipment or vehicles used to
plow or blow snow.
This chapter shall be enforced during regular business hours by the Code Enforcement Officer and such other persons as are duly appointed and authorized by the Town Board as noise monitors. Enforcement of maximum permitted noise levels in §
87-4 shall be accomplished using a properly calibrated sound-level meter conforming to ANSI (American National Standards Institute) Type II Standards. Any complaint lodged under this law shall be duly investigated by the Town, and if the Town finds sufficient cause, the alleged violator shall pay for noise measurement to verify compliance with this chapter and the effectiveness of any mitigating methods.