[HISTORY: Adopted by the Board of Trustees of the Village
of Oakfield 8-12-2002 by L.L. No.
4-2002. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Those areas designated "C" on the Village of Oakfield Zoning
Map.
Any occurrence or circumstance involving actual or imminent
physical or property damage which demands immediate attention.
Any sound signal device that is to warn of an emergency.
Any undesirable audible sound.
Those areas designated "R" on the Village of Oakfield Zoning
Map.
Any oscillation in pressure, particle velocity or other physical
parameter, in a medium with internal forces that cause compression
and rarefaction of the medium.
Any device that is designed to be used or is actually used
for the reproduction of sound, including but not limited to any amplified
musical instrument, radio, television, tape recorder, phonograph,
loudspeaker, public address system or any other sound-amplifying device.
Any land or amphibian conveyance propelled by either an internal
source or self-propelled.
7:00 a.m. Monday to 10:00 p.m. Friday.
10:00 p.m. Friday to 7:00 a.m. Monday.
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighted network. The level so read is designated
dB(A).
The purpose of this chapter is to preserve, protect and promote
the public health, safety and welfare and to foster peace and quiet
in the Village. To this end, no person shall willfully make or continue,
or cause to be made or continued, any noise that a reasonable person
of normal sensitivities would find to be unnecessary, loud, disturbing,
annoying or excessive.
The following acts are declared to be a violation of this chapter
and to constitute unreasonable noise:
A.
Any domestic animal which produces 15 minutes of continuous noise
between the hours of 10:00 p.m. and 7:00 a.m. or 30 minutes of continuous
noise between 7:00 a.m. and 10:00 p.m. in residential zones.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Erection, alteration or repair of any building or structure in a
residential zone between 10:00 p.m. and 7:00 a.m. on weekdays and
10:00 p.m. and 8:00 a.m. on weekends, except in case of urgent necessity
or in the interest of public safety.
C.
Use of any drum, loudspeaker or other instrument or device for the
purpose of attracting attention to any business. This does not include
businesses that legally sell goods from vehicles during the day.
D.
Any noise made by an individual with the intent to cause public inconvenience,
annoyance or alarm or recklessly create a risk thereof.
E.
Noise generated in a residential zone from any sound-reproduction
system operating or playing, any radio, portable radio or tape player,
television, tape deck or similar device that reproduces or amplifies
sound that crosses a property line at 55 db(A) or above from 7:00
a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on weekends
and at 50 db(A) or above from 10:00 p.m. to 7:00 a.m. on weekdays
and 10:00 p.m. to 8:00 a.m. on weekends.
F.
Noise generated in any commercial zone from any sound-reproduction
system operating or playing, any radio, portable radio or tape player,
television, tape deck or similar device that reproduces or amplifies
sound that crosses a property line at 70 db(A) or above from 7:00
a.m. to 10:00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on weekends
and at 60 db(A) or above from 10:00 p.m. to 7:00 a.m. on weekdays
and 10:00 p.m. to 8:00 a.m. on weekends. This excludes outdoor entertainment
such as bands performing before 12:00 midnight.
G.
Operation of power equipment in residential zones outdoors between
the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and
8:00 a.m. on weekends.
H.
Sounding of any horn or signaling device on or in any vehicle for
any unnecessary or unreasonable period of time.
I.
Any other excessive or unusually loud sound which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace
or safety of a reasonable person of normal sensitivities.
The provisions of this chapter shall not apply to:
A.
Any sound emitted for the purpose of alerting people of any emergency.
B.
Any sound emitted in the performance of correcting an emergency.
C.
Sounds created by any government agency by the use of public warning
devices or associated with the delivery of municipal services.
D.
Sounds created by church bells or chimes.
E.
Sounds connected with any sporting event.
F.
Sounds connected with any authorized carnival, fair, exhibition,
parade or community celebration or from any municipally sponsored
celebration or event or individually sponsored event where a permit
or other relevant permission has been obtained from the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
G.
Noise generated by the installation and maintenance of utilities.
H.
Residential, commercial and car alarms.
I.
Activities conducted for the purpose of managing snow, including
but not limited to the operation of snowblowers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Where the Village finds that practical difficulties or unnecessary
hardship would result from strict compliance with these regulations,
it may grant special variances for limited times and purposes. The
Village of Oakfield Board of Trustees may require such conditions
as will, in its judgment, secure the objectives of this chapter. An
application for a special variance is to be submitted to the Village
of Oakfield Code Enforcement Officer and forwarded to the Village
Board of Trustees. The application must include the following:
(1)
An application fee in an amount as set from time to time by resolution
of the Village Board of Trustees.
(2)
The characteristics of the sound and vibration emitted by the source,
including but not limited to the sound levels and the days and hours
during which such vibration and sound would be generated and any other
information pertinent to the source of sound and vibration.
(3)
Any noise abatement and control methods that may be used to restrict
the emission of the sound and vibration.
(4)
The name and address of the applicant and the applicant's agent,
if any, and whether the applicant is the owner, lessee, licensee,
etc., of the premises.
B.
The Village shall give notice of the application by regular mail
to all owners surrounding the sound-source site within a radius of
500 feet from the borders of said site. The Village shall also meet
any notice requirements of General Municipal Law §§ 239-m
and 239-nn.
Upon prior reasonable public notice, the Village Board of Trustees
shall hold a public hearing on the special variance application. Upon
reviewing all input from the public hearing and obtaining any additional
information or data deemed necessary, the Village Board of Trustees
shall decide on the special variance application. The decision shall
be transmitted to the Village Clerk-Treasurer, who will advise the
applicant by transmitting a copy of the application to the applicant
with the decision and conditions, if any.
The applicant or his agent shall have readily available the
approved special variance at the location or site for which the variance
has been issued and shall show same to any agent of the Village of
Oakfield whenever requested.
Any person found violating any provision of this chapter or
any condition imposed by the Village of Oakfield upon an approved
special variance shall be guilty of an offense and, upon conviction
thereof, shall be punished by a fine for each offense of not less
than $50 nor more than $250 and up to 15 days in jail.
