[Adopted 12-17-1991 by L.L. No. 10-1991 (Ch. 81 of the 1976
Code)]
A.
All terminology defined herein which relates to the nature of sound
and the mechanical detection and recordation of sound is in conformance
with the terminology of the American National Standards Institute
or its successor body.
B.
ABATEMENT
A-WEIGHTED SOUND-PRESSURE LEVEL
COMMERCIAL AREA
COMMERCIAL PROPERTY
CONSTRUCTION
CONSTRUCTION DEVICE
dBA
DECIBEL (dB)
DEMOLITION
EMERGENCY WORK
GROSS VEHICLE WEIGHT RATING (GVWR)
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
IMPULSIVE SOUND
INDUSTRIAL AREAS
INDUSTRIAL PROPERTY
MOTOR VEHICLE
MULTIDWELLING BUILDING
NOISE
NOISE CONTROL OFFICER
NOISE POLLUTION
(1)
(2)
(3)
(4)
(5)
(a)
(b)
NOISE-SENSITIVE ZONE
OCTAVE BAND SOUND-PRESSURE LEVEL
OFF-ROAD RECREATIONAL VEHICLE
PERSON
PLAINLY AUDIBLE
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY LINE
RESIDENTIAL AREA
RESIDENTIAL PROPERTY
SOUND
SOUND-LEVEL METER
SOUND-PRESSURE LEVEL
SOUND REPRODUCTION DEVICE
SOUND SIGNAL DEVICE
SOUND SOURCE
SOUND SOURCE SITE
UNREASONABLE NOISE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
As used in this article, the following terms shall have the meanings
indicated:
An official warning to remove, stop and/or cease that which
causes an unreasonable noise.
The sound-pressure level measured in decibels with a sound-level
meter set for A-weighting, abbreviated "dBA."
A group of commercial properties and the abutting public
rights-of-way and public spaces.
Any property currently or hereinafter zoned for any classification
of business or commercial zoning according to the Zoning Map of the
Town of Riverhead or any facility or property used for activities
involving the furnishing or handling of goods or services, including
but not limited to:
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition, of buildings or structures.
Any power device or equipment designed and intended for use
in construction, including but not limited to air compressors, bulldozers,
backhoes, trucks, shovels, derricks and cranes.
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.
The practical unit of measurement for sound-pressure level.
The number of decibels of a measured sound is equal to 20 times the
logarithm of 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."
Any dismantling, intentional destruction or removal of buildings
or structures.
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.
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle, should be used.
All engine- or motor-powered equipment intended for repetitive
use in residential areas typically capable of being used by a homeowner.
Examples of "homeowner's light residential outdoor equipment" are
lawn mowers, garden tools, riding tractors, snowblowers, hedge clippers,
etc.
A sound of short duration, usually less than one second,
and of high intensity with an abrupt onset and rapid delay. Examples
of "impulsive sound" would be explosions, drop forge impacts, discharge
of firearms, etc.
Those areas zoned as such by the Code of the Town of Riverhead.
Any facility or property used for activities involving the
production, fabrication, packaging, storage, warehousing, shipping
or distribution of goods, including any property currently or hereinafter
zoned for any classification of industrial zoning according to the
Zoning Map of the Town of Riverhead.
Any vehicle which is propelled or drawn on land by an engine
or motor.
Any building wherein there are two or more dwelling units.
Any airborne sound of such level and duration as to be or
tend to be injurious to human health or welfare or that would unreasonably
interfere with the enjoyment of life or property.
Any employee of the Town of Riverhead trained in the measurement
of sound and empowered to issue a summons for violations of this article.
The presence of that amount of acoustic energy for that amount
of time necessary to:
Cause temporary or permanent hearing loss in persons exposed;
Be otherwise injurious or tend to be, on the basis of current
information, injurious to the public health or welfare;
Cause a nuisance;
Exceed standards or restrictions established herein; or
Interfere with the comfortable enjoyment of life and property
or the conduct of business. The following are deemed to interfere
with the comfortable enjoyment of life and property or the conduct
of business:
Yelling, shouting, hooting, whistling or singing on the public
streets or from private property at any time that annoys or disturbs
the quiet comfort or repose of person or persons in the vicinity and
that such noise is plainly audible at a distance of 50 feet from the
area, building, structure or vehicle from which such noise emanates.
The using or operating of or permitting to be played, used or
operated any sound reproductive device as defined herein, or other
machine or device for the producing or reproducing of sound from a
sound source site in such manner as to be plainly audible from a neighboring
inhabitant's real property line, in a manner that does disturb the
peace, quiet and comfort of the neighboring inhabitants.
[Amended 5-3-2022 by L.L. No. 2-2022]
Any area designated pursuant to this article for the purpose
of ensuring exceptional quiet.
Sound-pressure level measured in standard octave bands with
sound-level meter and octave band analyzer that meet ANSI SI.4 and
SI.11, or the latest revision thereof.
Any vehicle which is propelled by any power other than muscular
power.
An individual, association, firm, syndicate, company, trust,
corporation, department, bureau or agency or any other entity recognized
by law as the subject of rights and duties.
Any sound that can be detected by a person using his or her
unaided hearing faculties. As an example, if the sound source under
investigation is a portable or personal vehicular sound amplification
or reproduction device, the enforcement officer need not determine
the title of a song, specific words, or the artist performing the
song. The detection of the rhythmic bass component of the music is
sufficient to constitute the sound being plainly audible.
[Added 5-3-2022 by L.L. No. 2-2022]
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 thereon that are owned or
controlled by a governmental entity.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Any property used for human habitation.
Any variation in ambient barometric pressure.
An instrument, including a microphone, an amplifier and output
meter and frequency-weighting networks, for the measurement of sound
levels.
The weighted sound-pressure level in decibels obtained by
the use of a sound-level meter and frequency-weighting network, such
as A, B or C. If the frequency weighting employed is not indicated,
the A-weighting slow response shall apply.
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any musical instrument, radio, television, tape recorder, phonograph,
loudspeaker, public address system or any other sound-amplifying device.
Any device that is designed to be used or is actually used
to produce a sound signal, but not spoken language, including but
not limited to any horn, whistle, bell, gong, siren, rattle, clapper,
hammer, drum or air horn.
Any activity or device whatsoever that produces sound.
Any one parcel of land or a tract of land consisting of two
or more parcels, which includes all contiguous land and water areas
under the ownership or control of a person in or upon which one or
more sound sources are located. The sound source site includes all
individual sound sources that are located on such site, whether stationary,
movable or mobile. A sound source site is created by the installation
of one or more sound sources thereon.
Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business, except the sound from raceways pursuant to Chapter 259, Raceways, and to agricultural operations. Standards to be considered in determining whether unreasonable noise exists in a given situation include, but are not limited to, the following:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is usual or unusual.
The volume and intensity of the background noise, if any.
The proximity of the noise to residential sleeping facilities.
The nature and zoning district of the areas within which the
noise emanates.
The time of day or night the noise occurs.
The time duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or impulsive.
Whether the noise is plainly audible and causing noise pollution
as defined herein.
[Added 5-3-2022 by L.L. No. 2-2022]
Whether the noise is scheduled and routinely transmitted from
a particular sound source site on certain days of the week for prolonged
durations.
[Added 5-3-2022 by L.L. No. 2-2022]
A.
The provisions of this article shall be enforced by noise control
officers and/or police officers of the Town of Riverhead.
B.
The noise control officers shall have the power to:
(1)
Issue a summons or warning, pursuant to § 251-9, to immediately cease and desist the subject noise.
(2)
Coordinate the noise control activities of all municipal departments
and cooperate with all other public bodies and agencies to the extent
practicable.
(3)
Review the action of other municipal departments and advise such
departments of the effect, if any, of such actions on noise control.
(4)
Review and inspect public projects and, upon consent by the owner
or designated agent, review and inspect private projects for compliance
with this article.
C.
The noise control officers shall not use this article in situations
within the jurisdiction of the Federal Occupational Safety and Health
Act.
A.
All departments and agencies of the Town of Riverhead shall, to the
fullest extent consistent with other law, carry out their programs
in such a manner as to further the policy of this article and shall
cooperate with the noise control officer in the implementation and
enforcement of this article.
B.
All departments charged with new projects or changes to existing
projects that may result in the production of noise shall consult
with the noise control officer prior to the approval of such projects
to ensure that such activities comply with the provisions of this
article.
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
land or right-of-way in such a manner as to create a sound level that
exceeds the particular 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 this
article for which no measurement of sound is required.
[1]
Editor's Note: Table I is included as an attachment to this chapter.
B.
When measuring noise within a multidwelling unit, all doors and windows
shall be closed and the measurements shall be taken in the center
of the room.
C.
The following are exempt from the A-weighted sound-pressure level
limits of Table I:
(1)
Noise from the intermittent or occasional use of homeowner's light
residential outdoor equipment, including but not limited to domestic
power tools, lawn mowers and equipment, when operated with a muffler,
between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00
a.m. and 8:00 p.m. on weekends and legal holidays.
(2)
Sound from church bells and church chimes when part of a religious
observance or service.
(4)
Noise from snowblowers, snow throwers and snowplows, when operated
with a muffler, for the purpose of snow removal.
(5)
Noise from stationary emergency signaling devices owned and operated
by any public utility, municipal subdivision, fire department or ambulance
corps when used in connection with an emergency or for testing purposes,
including but not limited to train switching.
(6)
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 be operated more than 15
minutes in any one-hour period.
(7)
Sound from chimes or bells from municipal buildings, including but
not limited to fire district buildings.
(8)
Noise from generators used for emergency purposes.
(9)
Noise from licensed or permitted fireworks displays, outdoor concerts,
musical entertainment, parades or assemblies.
No person shall make, continue or cause or suffer to be made or continued any unreasonable noise as defined in § 251-1 hereof. In particular, without limitations of the foregoing provision of this section, the following enumerated acts are declared to be in violation of this section:
A.
Sound reproduction devices.
(1)
No person shall operate or cause to be operated a sound reproduction
device that produces unreasonable noise or noise pollution as defined
in $251-1 of this chapter. The operation of any such device in such
a manner as to create unreasonable noise or noise pollution across
a person(s) real property line or the operation of such device by
a passenger of a vehicle in such a way as to disturb any other person
is prohibited.
[Amended 5-3-2022 by L.L. No. 2-2022]
(2)
No person shall operate, use or cause to be operated or used any
sound reproduction device for commercial or business advertising purposes
or for the purposes of attracting attention to any performance, show
or sale or display of merchandise in connection with any commercial
operation, including but not limited to the sale of radios, televisions,
phonographs, tape recorders, phonograph records or tapes; in front
or outside of any building, place or premises abutting or adjacent
to a public street, park or place, where the sound therefrom may be
heard upon any public street, park or place or from any stand, platform
or other structure; or on a boat or on the waters within the jurisdiction
of the Town of Riverhead; or anywhere on public streets, parks or
places. Nothing in this subsection is intended to prohibit sounds
emanating from sporting, entertainment or other public events held
on property of the Town of Riverhead or School District so suited
for such activities, provided that proper authorization from the Town
of Riverhead has been obtained.
(3)
No person shall operate or use or cause to be operated or used any
sound reproduction device in any public place in such a manner that
the sound emanating therefrom creates unreasonable noise across a
real property boundary.
B.
Shouting and peddling.
(1)
No person shall shout, yell, call, hoot, whistle or sing on public
streets or in public places so as to cause unreasonable noise.
(2)
No person shall call for the purpose of advertising goods, services,
wares or merchandise within any area zoned for residential use so
as to cause unreasonable noise. The provisions of this section shall
not apply to the sale of merchandise, food and beverages at Town of
Riverhead authorized entertainment events such as parades, fairs and
sporting events.
C.
Places of public entertainment. No person shall operate or permit
to be operated a place of public entertainment, including but not
limited to a restaurant, bar, cafe, discotheque or dance hall, in
which the playing of any sound reproduction device or similar device
creates a sound level in excess of 95 dBA sustained for more than
30 seconds at any point that is normally occupied by a customer, unless
a conspicuous and legible sign is located outside such place, near
each public entrance, stating "sound levels within may cause permanent
hearing impairment."
D.
Animals and birds. No person shall keep, permit or maintain any animal,
including a bird, under his control which frequently or for continued
duration of 15 minutes makes sounds which create unreasonable noise
across a residential real property boundary.
E.
Noise-sensitive zones. No person shall cause or permit the creation
of any sound by means of any device or otherwise on any sidewalk,
street or public place adjacent to any school, court, house of worship
or public library while such facility is in use or adjacent to any
hospital or nursing home at any time, so that such sound disrupts
the normal activities conducted at such facilities or disturbs or
annoys persons making use of such facilities.
F.
Loading and unloading.
(1)
No person shall engage in, cause or permit the loading, unloading,
opening, closing or other handling of boxes, crates, containers, building
materials or similar objects between the hours of 8:00 p.m. and 7:00
a.m. the following day in such a manner as to cause unreasonable noise
across a residential real property boundary.
(2)
This provision shall not apply to the operation of any business as to which specific Town Code regulations set forth different times or covenants were recorded prior to the enactment of this article by direction of any agency of the Town of Riverhead settling forth a limitation for conducting of the activities set forth in Subsection F(1) above during the hours other than those set forth in said subsection. In such case, the hours set forth in the covenant or Town Code regulations shall control.
G.
Horns and signaling devices. No person shall cause or permit to be
caused the sounding of any horn or other auditory signaling device
on or in any motor vehicle except to serve as a danger warning.
H.
Squealing tires. No person shall operate a vehicle in such a manner
as to cause unnecessary noise by spinning or squealing the tires of
such vehicle.
I.
Standing motor vehicles.
(1)
No person shall operate or permit to be operated the engine of any
motor vehicle or any auxiliary equipment attached to such vehicle,
for a period longer than 10 minutes in any hour while the vehicle
is stationary, for reasons other than traffic congestion, on any private
property or public right-of-way or public space so that the sound
therefrom is audible within 300 feet of a residential property boundary
between the hours of 8:00 p.m. and 7:00 a.m. the following day.
(2)
This subsection shall not apply to authorized emergency vehicles
or to public utility vehicles actually engaged in any emergency repair
activity.
J.
Street cleaning and/or parking lot sweeper equipment. No person shall
engage in or permit to be operated any street sweepers, industrial
vacuums or other like equipment between the hours of 8:00 p.m. and
7:00 a.m. the following day. The provisions of this subsection shall
not apply to emergency work or municipal street cleaning.
K.
Construction.
(1)
No person shall operate or permit to be operated any construction
device, including but not limited to construction and demolition work,
excavating or earthmoving equipment:
(a)
Between the hours of 8:00 p.m. and 7:00 a.m. the following day
on weekdays or at any time on Sundays or legal holidays, such that
the sound therefrom creates unreasonable noise across a residential
real property boundary.
(b)
At any other time such that the continuous sound-in-air level
at or across a real property boundary exceeds an L{10} of 80 dBA.
(c)
At any other time such that the impulsive sound-in-air has a
peak sound-pressure level at or across a real property boundary in
excess of 130 dBA.
(2)
The provisions of this subsection shall not apply to emergency work.
L.
Commercial, business and industrial operation.
(1)
No person shall operate or permit to be operated on a sound source
site a commercial business or industrial operation that produces a
sound level exceeding the limitations as provided in this subsection.
(2)
Continuous sound-in-air which has crossed the property line of such
sound source site and enters property zoned for residential use or
property within a noise-sensitive zone shall not exceed either of
the following levels:
(3)
Continuous sound-in-air which has crossed the property line of a
sound source site and enters property which is zoned for business
or property where the public in general congregates, except property
zoned for industrial use, shall not exceed either of the following
levels:
(5)
Exposure to sound that has crossed the property line of a sound source
site and enters property zoned for industrial use shall not exceed
any of the following levels:
M.
Noise mufflers. No person shall operate a motor vehicle which shall fail to contain a muffler or other sound-suppression equipment in operable condition which shall prevent said vehicle from causing unnecessary noise. In addition to other standards contained herein in the definition of "unreasonable noise" under § 251-1, a motor vehicle shall be deemed to cause unreasonable noise if it produces a sound level of 80 dBA or more.
The provisions of this article shall not apply to:
A.
Agricultural operations.
B.
The emission of sound for the purpose of alerting persons to the
existence of an emergency.
C.
The emission of sound in the performance of emergency work.
D.
The noise generated in agricultural production and operating, including
but not limited to farm irrigation equipment, animal training or air
cannons used to prevent animal damage.
A.
The Town Board of the Town of Riverhead shall have the authority,
consistent with this section, to grant variances to this article.
B.
Any person seeking a variance pursuant to this section shall file
an application with the Town Board. The application shall consist
of a letter signed by the applicant and contain a legal form of verification.
Such letter shall contain information which demonstrates that bringing
the source of sound or activity for which the variance is sought into
compliance with this article would constitute an unreasonable hardship
on the applicant, on the community or on other persons. In addition,
the following information shall be provided:
(1)
The plan, specifications and other information pertinent to such
sources.
(2)
The characteristics of the sound emitted by the source, including
but not limited to the sound levels, the presence of impulsive sounds
and the hours during which such sound is generated.
(3)
The noise abatement and control methods used to restrict the emission
of sound.
C.
The Town Board, upon receipt of such application and upon payment
of any fee which shall be required by resolution of the Town Board,
shall set the matter down for a public hearing to be held within 30
days from the date the application was submitted. The Town Board shall
cause publication of such public hearing to be given in the official
newspaper of the Town in the same manner as an application for a special
permit is published. The applicant, in like manner, shall give notice
of the application by certified mail, return receipt, to all property
owners surrounding the sound source site within a radius of 200 feet
from the borders of said site.
D.
In determining whether to grant or deny the application, the Town
Board shall balance the hardship to the applicant, the community and
other persons against the adverse impact on the health, safety and
welfare of persons affected, the adverse impact on the property affected
and any other adverse impacts deemed appropriate.
E.
The Town Board shall cause the taking of sound-level readings by
an agency to be designated by the Town Board in the event that there
shall be any dispute as to the sound levels prevailing or to prevail
at the sound source site.
F.
The Town Board shall have the power to impose restrictions, conditions
and the recording of covenants upon any sound source site, including
time limits of permitted activity, in the event that it shall grant
any variance hereunder.
[Amended 5-3-2022 by L.L. No. 2-2022]
Each violation of this article shall be punishable as follows:
A.
For the first offense, no less than $250, but no more than $750. Each noise event permitted to continue or exist shall constitute a separate additional offense subject to the penalty provisions in §251-8B and C as applicable. For the purposes of this § 251-8, a noise event shall be an event which may occur 15 minutes after the first offence or up to 30 days thereafter whereby a summons has already been issued and properly served upon any person as defined herein.
B.
For the
second offense of a noise event, no less than $750, but no more than
$1,500.
C.
For the
third offense of a noise event, of which is committed within any one-year
period, no less than $1,500, but no more than $2 500.
A.
Except as provided in Subsection B below, in lieu of issuing a summons, the noise control officer may issue a warning requiring abatement of any source of sound alleged to be in violation of this article.
B.
A warning shall not be issued when the noise control officer has
reason to believe that there will not be compliance with the warning,
when the alleged violator has been served with a previous warning
or had previously been convicted for a violation of this article.
No provision of this article shall be construed to impair any
common law or statutory cause of action, or legal remedy therefrom,
of any person for injury or damage arising from any violation of this
article or from other law.