[HISTORY: Adopted by the Town Board of the Town of Smithtown 10-12-1982. Amendments
noted where applicable.]
As used in this chapter, the following words and phrases shall
be defined as set forth below:
An all-encompassing composite of sounds from many sources
associated with a given environment.
That which can be heard by a person of normal hearing ability.
[Added 10-7-2003]
The sound pressure level as measured in decibels on a sound
level meter using the A-weighting network slow response (dBA).
[Amended 11-1-2016 by L.L. No. 2-2016]
Any property currently or hereinafter zoned for any classification
of business or commercial zoning according to the Zoning Map of the
Town of Smithtown or any facility or property used for activities
involving the furnishing or handling of goods or services, including
but not limited to:
[Added 5-3-1988]
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition, of buildings or structures.
[Added 5-3-1988]
Any sound that is not an impulsive sound.
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.
[Added 11-1-2016 by L.L.
No. 2-2016]
A unit for measuring the pressure level of a sound, equal
to 1/10 of a bel.
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.
[Added 5-3-1988]
A sound characterized by brief excursions of peak sound pressure
which significantly exceed the ambient sound.
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 Smithtown.
[Added 5-3-1988]
[Added 5-3-1988; amended 11-1-2016 by L.L. No. 2-2016]
Any sound that:
Endangers the safety or health of any person.
Disturbs a reasonable person of normal sensitivities.
Endangers personal or real property.
Is audible outside the real property boundary from which it
originates and is loud, disturbing, unreasonable and/or unnecessary
under the circumstances, as well as plainly audible in any other person's
residence and the source of sound is discernible regardless of whether
doors and windows are closed.
A noise disturbance may be substantiated by either of the following:
Sworn affidavits from two or more residents who are in general
agreement as to the times and durations of the noise and who reside
in separate residences.
A noise in excess of the maximum permissible A-weighted sound
levels as determined by a qualified technician using a sound level
device and reported on a form approved by the Smithtown Public Safety
Department.
The maximum absolute value of the instantaneous sound pressure
level during a specified time interval.
Any firm, partnership, corporation, association or individual.
[Added 7-11-1995]
Any street, avenue, boulevard, road, highway, sidewalk, alley
or similar place that is owned or controlled by a governmental entity.
[Added 5-3-1988]
Any real property or structures therein that are owned or
controlled by a governmental entity.
[Added 5-3-1988]
[Added 5-3-1988; amended 10-7-2003]
Any property used for human habitation.
[Added 5-3-1988]
Any variation in ambient barometric pressure.
Any radio device or apparatus or any device or apparatus
for the amplification of sounds from any radio, phonograph or other
sound-making or sound-producing device or any device or apparatus
for the reproduction or amplification of the human voice or other
sounds.
When measured in decibels, equal to 20 times the logarithm
to the base 10 of the ratio of the effective pressure of the sound
measured to the standard reference pressure of a sound.
Any person, animal, device, operation, process, activity,
or phenomenon which emits or causes sound.
[Added 10-7-2003]
Twenty micronewtons per square foot.
[Amended 8-14-1984; 5-3-1988; 8-2-1989; 10-7-2003]
A.
No person shall cause, suffer, allow or permit to be made verbally,
electronically, or mechanically any noise disturbance.
B.
No person shall cause, suffer, allow or permit the following acts:
(1)
Sound device or apparatus: operating, playing or permitting the operation or playing of any sound device or apparatus as defined in § 207-1 in such a manner as to create a noise disturbance; or the operation of any such device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be audible at a distance of 50 feet from the building, structure, vehicle or area in which it is located.
[Amended 11-1-2016 by L.L. No. 2-2016]
(2)
Commercial music: music originating from or in connection with the
operation of any commercial facility, establishment or enterprise
between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as
to be audible across a real property line. That such sound is audible
and its source determinable at such real property line by anyone empowered
to enforce this chapter shall be sufficient to establish that a violation
of this section has been committed.
(3)
Animals and birds: owning, possessing or harboring any animal or
bird that frequently or for continued duration makes sounds that create
a noise disturbance across a residential real property line. For the
purpose of this section, a "noise disturbance from an animal or bird"
shall be defined as the making of any sound which is audible across
a real property line for 15 minutes in any one-hour interval.
(5)
Construction: operating or permitting the operation of any tools
or equipment used in construction, drilling, earthmoving, excavating
or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the
following day on weekdays or at any time on weekends or legal holidays,
except for:
(a)
Emergency work;
(b)
[2]When it is the result of the operation of any said equipment
by or for any municipal agency.
[2]
Editor's Note: Former Subsection B(5)(b), regarding exceeded
sound limits, was repealed 11-18-2021 by Res. No. 2021-1016. This resolution
also designated former Subsection B(5)(c) as Subsection B(5)(b).
(6)
Standing motor vehicles: operating or permitting the operation of
any motor vehicle with a gross vehicle weight rating (GVWR) in excess
of 10,000 pounds or any auxiliary equipment attached to such a vehicle
for a period longer than five minutes in any hour while the vehicle
is stationary, for reasons other than traffic congestion on a public
right-of-way or public space or for emergency purposes, within 150
feet of a residential area between the hours of 10:00 p.m. and 8:00
a.m. the following day.
[Added 6-28-2005]
(7)
Horns and signaling devices: the sounding of any horn, signaling
device or alarm (except as in danger warning pursuant to § 375
of the Vehicle and Traffic Code of the State of New York) which results
in a harsh or loud sound or repetitive sounds for any unreasonable
or unnecessary period of time so as to create a noise disturbance.
[Added 11-1-2016 by L.L.
No. 2-2016]
(8)
Shouting and yelling: shouting, yelling, singing, calling, hooting
or whistling so as to create a noise disturbance.
[Added 11-1-2016 by L.L.
No. 2-2016]
(9)
Condition of vehicle or load: the use of any automobile, motorcycle,
or vehicle so out of repair, or loaded in such a manner so as to create
loud, grating, grinding, rattling or other sounds so as to create
a noise disturbance.
[Added 11-1-2016 by L.L.
No. 2-2016]
(10)
Loading and unloading: the loading or unloading of any vehicle,
boat, barge or train or the opening and destruction of bales, boxes,
crates and containers, or the loading and unloading of any materials,
equipment or garbage cans so as to create a noise disturbance.
[Added 11-1-2016 by L.L.
No. 2-2016]
(11)
[3]Institutional buildings: the creation of any noise disturbance
on any street adjacent to any school, place of worship, court, or
hospital, while same is in use, which unreasonably interferes with
the workings of such institution or which disturbs or unreasonably
annoys occupants, visitors or employees of such institutions, provided
that conspicuous signs are displayed in such streets indicating that
the same is a school, hospital, court, or place of worship.
[Added 11-1-2016 by L.L.
No. 2-2016]
[3]
Editor's Note: Former Subsection B(11), regarding construction
or repairing of buildings and incidental areas, added 11-1-2016 by L.L. No. 2-2016,
was repealed 11-18-2021 by Res. No. 2021-1016. This resolution
also redesignated former Subsection B(12) through (19) as Subsection
B(11) through (18), respectively.
(12)
Hawkers, peddlers, and vendors: the shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood
so as to create a noise disturbance.
[Added 11-1-2016 by L.L.
No. 2-2016]
(13)
Transportation of metal rails, pillars and columns: the transportation
of metal rails, pillars or columns of iron, steel or other material
over and along streets and other public places upon carts, drays,
cars, trucks or in any other manner so as to create a noise disturbance.
[Added 11-1-2016 by L.L.
No. 2-2016]
(14)
Domestic equipment: operating or permitting to be operated any
lawn or garden device, leaf or snow blower, insect control device
or equipment so as to create a noise disturbance, except between the
hours of 7:00 a.m. and 8:00 p.m. on weekdays, 9:00 a.m. and 8:00 p.m.
on Saturdays and between the hours of 10:00 a.m. and 5:00 p.m. on
Sundays, and except in cases of emergency or in the interest of public
safety.
[Added 11-1-2016 by L.L.
No. 2-2016; amended 9-20-2018; 11-18-2021 by Res. No. 2021-1016]
(15)
Sound device or apparatus: operating, playing or permitting
the operation or playing of any sound device or apparatus, including,
but not limited to, loudspeakers, speaker systems, outdoor public
address systems, or any device for the production or reproduction
of sound, in such a manner so as to create a noise disturbance.
[Added 11-1-2016 by L.L.
No. 2-2016]
(16)
Explosives, firearms, fireworks and similar devices: the use
or firing of explosives, firearms, fireworks or similar devices so
as to create a noise disturbance, except as permitted by any other
federal, state, county or local law.
[Added 11-1-2016 by L.L.
No. 2-2016]
(17)
Generators: the use of a generator when there is no power outage
caused by a storm or other emergency, except for routine testing.
[Added 11-1-2016 by L.L.
No. 2-2016]
(18)
Trash collection: the collection of trash between the hours
of 11:00 p.m. and 6:00 a.m.
[Added 11-1-2016 by L.L.
No. 2-2016]
[Amended 5-3-1988]
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
lands or right-of-way in such a manner as to create a sound level
that exceeds the particular sound 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 § 207-2 of this chapter for which no measurement of sound is required.
[1]
Editor's Note: Table I is included at the end of this chapter.
B.
The following are exempt from the A-weighted sound pressure level
limits of Table I:
(1)
The noise of domestic power tools, lawn mowers and agricultural equipment, when operated with a muffler during permitted hours designated in § 207-2B(15), provided that they produce less than 70 dBA at any real property line of a residential property.
[Amended 10-7-2003; 9-20-2018]
(2)
The sound from church bells and church chimes when a part of a religious
observance or service.
(4)
The noise from snowblowers, snow throwers and snowplows, when operated
with a muffler, for the purpose of snow removal.
(5)
The 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 operate more
than 15 minutes in any one-hour period.
[Amended 10-7-2003[2]]
[2]
Editor's Note: This ordinance repealed former Subsection B(5),
concerning signaling devices used in connection with an emergency,
and renumbered former Subsection B(6) as B(5).
A.
It shall be unlawful for any person to use or operate or cause to
be used or operated any sound device or apparatus in, on, near or
adjacent to any public street, park or place for commercial or business
advertising purposes.
B.
It shall be unlawful for any person to operate or drive or to employ,
procure or induce another to operate, drive, lend, lease or donate
any automobile, truck or other type of vehicle or to operate or aviate
or procure or induce another to operate, aviate, lend, lease or donate
any airplane or other type of flying device or commercial or business
advertising by means of any sound device or apparatus in violation
of this chapter.
C.
The use of the name of any person or of any proprietor, vendor or
exhibitor or the use of any trade business or corporate name in connection
with such commercial or business advertising shall be presumptive
evidence that such advertising was conducted by reason of employment,
procurement or induction on the part of said person, proprietor, vendor
or exhibitor or the person or persons represented by said trade, business
or corporate name.
[Added 5-3-1988]
The provisions of this chapter shall not apply to:
A.
The emission of sound for the purpose of alerting persons to the
existence of an emergency or the creation of sound in the performance
of emergency work.
B.
Noise from noncommercial public speaking and public assembly activities
conducted on any public space or public right-of-way.
C.
Noise from municipally sponsored celebrations or events.
[Amended 10-7-2003; 11-1-2016 by L.L. No.
2-2016; 11-16-2023 by Res. No. 2023-1111]
Any person who shall violate any of the provisions of this chapter
shall be guilty of an offense, and such violation shall be punishable
by a fine of up to $500 for the first offense, not less than $1,000
for the second offense and not less than $1,500 for the third and
subsequent offenses or imprisonment of not more than 15 days, or both.
|
NOISE CONTROL TABLE I
| ||||
|---|---|---|---|---|
|
Maximum Permissible A-Weighted Sound Pressure
Levels by Receiving Property Category, in Dba
[Amended 10-7-2003]
| ||||
|
Receiving Property Category
| ||||
|
Sound Source Property Category
|
Residential, 7:00 a.m. to 10:00 p.m.
(dBA)
|
Residential, 10:00 p.m. to 7:00 a.m.
(dBA)
|
Commercial, all times
(dBA)
|
Industrial, all times
(dBA)
|
|
Residential
|
45
|
40
|
65
|
70
|
|
Commercial or public lands or rights-of-way
|
55
|
45
|
65
|
70
|
|
Industrial
|
55
|
45
|
65
|
70
|
