This chapter shall be known as the "Village of West Haverstraw
Noise Control Law."
It is hereby declared to be the policy of the Village of West
Haverstraw 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 Village of West Haverstraw to establish standards, variance
procedures, enforcement procedures and penalties.
As used in this chapter, the following terms and phrases shall
have the following meanings:
DECIBEL (dB)
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.
HOLIDAYS
New Year's Day, Lincoln's Birthday, President's
Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's
Day, Thanksgiving Day and Christmas Day.
NONRESIDENTIAL ZONING DISTRICT
Any zoning district which is not a residential zoning district.
Nonresidential zoning districts include the C Commercial, the PLI
Planned Light Industrial, the MLI Mixed Use Light Industrial and the
OSC Open Space Conservation Zoning Districts.
RESIDENTIAL ZONING DISTRICT
Any zoning district in which one-family, two-family detached
and/or multifamily dwellings are permitted principal uses, including
R-1, R-2, R-3 and R-4 Zoning Districts.
SOUND LEVEL
The sound-pressure level measured in decibels with a sound-level
meter set to A-weighting, expressed in dB(A).
SOUND REPRODUCTION DEVICE
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 or any other sound-amplifying
equipment.
SOUND-LEVEL METER
An instrument used for the measurement of sound levels which
conforms to Type 1 or Type 2 standards under American National Standards
Institute (ANSI) specifications S1.4-1971, or the latest approved
revision thereof.
UNREASONABLY INTRUSIVE
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.
ZONING DISTRICT
Any zone as defined in Chapter
250, Zoning, of the Village of West Haverstraw.
No person, including any owner or occupant, of any premises
shall operate or permit to be operated or use or cause to be operated
in the Village of West Haverstraw 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 sound 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 multiple-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 in the center of a room.
A. Customary residential activities. Customary residential activities on properties within any residential zoning district, including social gatherings, deliveries of residential heating oil and pickup of residential garbage, as well as permitted agricultural activities, shall not be regulated by this chapter, except for specific activities or noise sources that are subject to and governed by §
147-5H, Sound reproduction devices; §
147-5I, Burglar alarms; §
147-5J, Animals; or §
147-6B, Domestic tools and equipment; vehicle repair.
B. Other activities. Noise produced by other activities on properties within any residential or nonresidential zoning district shall not exceed 60 dB(A) during the hours of 8:00 a.m. to 6:00 p.m. or 45 dB(A) during the hours of 6:00 p.m. to 8:00 a.m. on any other property used for residential purposes within any residential zoning district unless otherwise permitted in §
147-7, Exceptions. However, the restrictions contained in this Subsection
B shall not be applicable to specific activities or noise sources that are subject to and governed by §§
147-5,
147-6 and/or
147-7.
The following acts are declared to be excessive, unusually loud,
unusually disturbing and unnecessary noises in violation of this chapter:
A. Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or public place of the Village of West Haverstraw, except as a danger
warning; the sounding of any such device for an unnecessary and unreasonable
period of time; and the use of any such signaling device when traffic
is for any reason held up.
B. Radios, television sets, tape recorders, bands, etc. The playing,
using, operating or permitting to be played, used or operated of any
radio receiving set, television set, musical instrument, band, tape
recorder, phonograph or other machine or device for the producing
or reproducing of sound in such manner as to disturb the peace, quiet,
tranquility and comfort of the neighboring inhabitants, or at any
time with louder volume than is necessary for the convenient hearing
of the person or persons who are in the place, room, vehicle or chamber
in which such set, machine, instrument, band or device is played or
operated and who are voluntary listeners thereto. The playing or operation
of any such set, tape recorder, instrument, band, phonograph, machine
or device in such manner as to be plainly audible at a distance of
50 feet from the place, building, structure or vehicle in which it
is located shall be prima facie evidence of a violation of this section.
C. Loudspeakers and amplifiers for advertising. The playing, using,
operating or permitting to be played, used or operated of any radio
receiving set, television set, musical instrument, band, tape recorder,
phonograph, loudspeaker, sound amplifier or other machine or device
for the purpose of producing or reproducing sound which is placed
upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or structure.
D. Yelling and shouting. Yelling and shouting on the public streets
at any time or at any place so as to annoy or disturb the quiet, comfort
or repose of persons in any office or in any dwelling, hotel or other
type of residence or of any persons in the vicinity.
E. Animals. The keeping of any dog or other animal which by causing
frequent or long continued barking or other noise shall disturb the
comfort or repose of any persons in the vicinity.
F. Schools, courts, churches and hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while the same are in use, or adjacent to any hospital,
which unreasonably interferes with the workings of such institution
or which disturbs or unduly annoys patients in the hospital, provided
that conspicuous signs are displayed in such streets indicating that
the same is a school, hospital or court street.
G. Hawkers and peddlers. The shouting, yelling and crying of peddlers,
hawkers, and vendors which disturbs the peace and quiet of the neighborhood.
H. Sound reproduction devices. No person, including any owner or occupant of any premises, shall operate or permit to be operated or use or cause to be operated loudspeakers or other sound reproduction devices so as to produce sounds which are audible between the hours of 8:00 p.m. and 10:00 a.m., or are audible and unreasonably intrusive at any other times on any other property used for residential purposes within any residential zoning district as determined within and no closer to the property line of the receiving property than the absolute minimum side yard distance specified for the residential zoning district in which the receiving property is located, except as permitted in Subsection
I, Burglar alarms, or §
147-7, Exceptions. For any sound reproduction device operated in any C, PLI or MLI development, the limitation on audibility of sound from that device shall be applied only outside of that development. Nothing in this subsection is intended to prohibit incidental sounds emanating from public sporting events or public entertainment events.
I. Burglar alarms. Sound from an exterior burglar alarm of any building
or motor vehicle shall terminate within 15 minutes after it has been
activated.
J. Animals. It shall be unlawful for any owner of or any other person
harboring any animal to permit or allow such animal while in the Village
of West Haverstraw to engage in habitual loud howling, barking or
noise making which is unreasonably intrusive.
K. Exhaust and mufflers. No person shall cause or permit the operation
of any device, vehicle, construction equipment or lawn maintenance
equipment, including, but not limited to, any diesel engine, internal
combustion engine or turbine engine, that has been modified or become
defective so as to cause the level of sound emitted to be greater
than that emitted as originally manufactured.
The provisions of this chapter shall in no case remove or render
less restrictive limitations on noise generation or other conditions
imposed for specific properties by actions of the Zoning Board of
Appeals or by actions of the Planning Board or required under other
applicable laws or regulations.
The provisions of this chapter shall be enforced by the Police
Department of the Town of Haverstraw, Code Enforcement Officers of
the Village of West Haverstraw or other officials designated by the
Village Board.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in its operation to
the clause, sentence, paragraph, section or part thereof directly
involved in the litigation in which such judgment shall have been
rendered.