As used in this article, the following terms shall have the meanings
indicated:
ABATEMENT
An official warning to remove, stop and/or cease that which
causes an unreasonable noise.
COMMERCIAL AREA
A group of commercial properties and the abutting public
rights-of-way and public spaces.
COMMERCIAL PROPERTY
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:
(4)
Other commercial activities.
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition, of buildings or structures.
CONSTRUCTION DEVICE
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.
dBA
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.
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 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."
DEMOLITION
Any dismantling, intentional destruction or removal of buildings
or structures.
EMERGENCY WORK
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.
GROSS VEHICLE WEIGHT RATING (GVWR)
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.
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
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.
IMPULSIVE SOUND
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.
INDUSTRIAL AREAS
Those areas zoned as such by the Code of the Town of Riverhead.
INDUSTRIAL PROPERTY
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.
MOTOR VEHICLE
Any vehicle which is propelled or drawn on land by an engine
or motor.
NOISE
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.
NOISE CONTROL OFFICER
Any employee of the Town of Riverhead trained in the measurement
of sound and empowered to issue a summons for violations of this article.
NOISE POLLUTION
The presence of that amount of acoustic energy for that amount
of time necessary to:
(1)
Cause temporary or permanent hearing loss in persons exposed;
(2)
Be otherwise injurious or tend to be, on the basis of current
information, injurious to the public health or welfare;
(4)
Exceed standards or restrictions established herein; or
(5)
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:
(a)
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.
(b)
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]
NOISE-SENSITIVE ZONE
Any area designated pursuant to this article for the purpose
of ensuring exceptional quiet.
OCTAVE BAND SOUND-PRESSURE LEVEL
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.
PERSON
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.
PLAINLY AUDIBLE
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]
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or similar place that is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon that are owned or
controlled by a governmental entity.
REAL PROPERTY LINE
(1)
The imaginary line, including its vertical extension, that separates
one parcel of real property from another; or
(2)
The vertical and horizontal boundaries of a dwelling unit that
is one in a multidwelling unit building.
RESIDENTIAL AREA
A group of residential properties and the abutting public
rights-of-way and public spaces.
SOUND
Any variation in ambient barometric pressure.
SOUND-LEVEL METER
An instrument, including a microphone, an amplifier and output
meter and frequency-weighting networks, for the measurement of sound
levels.
SOUND-PRESSURE LEVEL
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.
SOUND REPRODUCTION DEVICE
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.
SOUND SIGNAL 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.
SOUND SOURCE
Any activity or device whatsoever that produces sound.
SOUND SOURCE SITE
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.
UNREASONABLE NOISE
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:
(2)
The intensity of the noise.
(3)
Whether the nature of the noise is usual or unusual.
(4)
Whether the origin of the noise is usual or unusual.
(5)
The volume and intensity of the background noise, if any.
(6)
The proximity of the noise to residential sleeping facilities.
(7)
The nature and zoning district of the areas within which the
noise emanates.
(8)
The time of day or night the noise occurs.
(9)
The time duration of the noise.
(10)
Whether the sound source is temporary.
(11)
Whether the noise is continuous or impulsive.
(12)
Whether the noise is plainly audible and causing noise pollution
as defined herein.
[Added 5-3-2022 by L.L. No. 2-2022]
(13)
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]