[HISTORY: Adopted by the Town Board of the
Town of Ossining 1-25-2005 by L.L. No. 2-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Cabarets — See Ch. 68.
Explosives — See Ch. 89.
Firearms — See Ch. 94.
Parks — See Ch. 138.
[1]
Editor's Note: This local law also repealed
former Ch. 130, Noise, adopted 6-23-1981 by L.L. No. 4-1981.
The Town of Ossining recognizes that excessive
noise is detrimental to the public health, safety and welfare and
is inimical to the predominantly residential character of the Town.
The purpose of this enactment is to prohibit the creation of unreasonably
loud or disturbing noise.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who has registered a noise complaint with an authorized
enforcement agency that he or she is the receptor of noise on a property
which is in a protected property category, and said affected person
has an interest in the protected property as an owner, tenant, or
employee.
The American National Standards Institute or its successor
body.
A unit for measuring the loudness of sounds.
Those days recognized as holidays by New York State.
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A commercial, residential, industrial or public
service property having boilers, incinerators, elevators, automatic
garage doors, air conditioners, laundry rooms, utility provisions,
or health and recreational facilities, or other similar devices or
areas, either in the interior or on the exterior of the building,
which may be a source of elevated sound levels at another location
on the same distinct parcel of land which is in a different category;
or
A building which is both commercial (usually
on the ground floor) and residential (located above, behind, below
or adjacent).
Activities which should be conducted under conditions of
exceptional quiet, including, but not limited to, operation of schools,
libraries open to the public, houses of worship, and outpatient medical
facilities.
Either:
The imaginary line, including its vertical extension,
that separates one parcel of real property from another;
The vertical and horizontal boundaries of a
dwelling unit that is part of a multi-dwelling unit building; or
On a multi-use property, the interface between
the two portions of the property on which different categories of
activity are being performed (e.g., if the multi-use property is a
building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area).
A receiving land use classification in this Code, which refers
to property used for human habitation including, but not limited to:
The weighted sound-pressure level obtained by the use of
a sound-level meter utilizing the A-weighting network, as specified
in ANSI specifications for sound-level meters (ANSI Standard 1.4-1971,
or the latest approved revision thereof).
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under ANSI Specifications S1.4-1971
or the latest approved revision thereof.
Any device that is used for the production of sound, including,
but not limited to, any musical instrument, loudspeaker, radio, television,
tape recorder, phonograph, or any other sound-producing or sound-amplifying
equipment.
Any zone as defined in Chapter 200, Zoning, of this Code.
This chapter shall be applied only to facilities
and operations about which an affected person has lodged a complaint
with an authorized enforcement agent or agency. Unless otherwise specified,
compliance determinations shall be conducted only on the property
of the affected person regardless of whether there are other receptors
in closer proximity to the source under investigation. The requirement
of a complaint does not apply to portable or vehicular sound sources
operated in a public space or public right-of-way.
A.
No person shall operate or permit to be operated in
the Town of Ossining 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 sounds or noises that occur in
single or multiple bursts with a duration of less than one second
for which fast response shall be used. Compliance determinations for
plainly audible sound shall be made with the unaided hearing faculties.
B.
Customary residential activities. Customary residential activities on properties within any residential zoning district, including social gatherings (between the hours of 10:00 a.m. and 10:00 p.m.), and deliveries of home heating oil shall not be regulated by this chapter except for specific activities or noise sources that are subject to and governed by §§ 130-5 and 130-6. The pick-up of residential waste and recyclable materials, while the vehicle is on a public right-of-way, shall not be regulated by this chapter. This exemption does not extend to the collection of commercial waste and recyclable materials, or the operations on the property of a facility serving as a base of operations for such hauling.
C.
Maximum permissible sound levels by use occupancy.
(1)
No person shall operate or cause to be operated any
source of sound from any use occupancy in such a manner as to create
a sound level that exceeds the limits set forth in the use occupancy
category in Table I. These limits may not be exceeded by incidents
representing the normal, usual operation of the sound source, during
any three sampling intervals, the duration of which shall be no less
than 1/2 minute, within any one-hour period. If the total duration
of the sound under investigation is less than 1 1/2 minutes,
the requirement for three measurements shall be waived.
|
Table I
Maximum Permissible Sound-Level
Limits by Receiving Land Use
dB(A)
| ||||
|---|---|---|---|---|
|
Measurement
|
Residential
7:00 a.m. to
10:00 p.m.
Noise-Sensitive
24 hours
|
Residential
10:00 p.m. to
7:00 a.m.
|
Commercial
24 hours
|
Industrial
24 hours
|
|
Outdoors
|
60
|
50
|
65
|
75
|
|
Indoors
|
50
|
35
|
55
|
65
|
(2)
Indoor measurements shall be taken only if the sound
source is on or within the same property as the receiving property,
as in the case of a multi-dwelling-unit building or a multi-use property
(e.g., sound generated within a commercial unit of a multi-use property
building and received within a residential unit of the same building).
In addition, indoor measurements shall be taken if the property line
between the receiving property and the source property is a common
wall, floor or ceiling.
(3)
If the residential or noise-sensitive receptor is
within a commercial or industrial zone, or within 200 feet of such
a zone, the permissible sound-level limit between the hours of 7:00
a.m. and 10:00 p.m. is increased by five dB(A).
(4)
If the sound source under investigation is a mechanical
device and is, in the opinion of the investigating officer, emitting
a sound with a steady tonal quality, the permissible sound-level limits
in Table I shall be reduced by five dBA. The sound emissions must
be comprised of a single frequency or a narrow cluster of frequencies,
which may be referred to as a whine, hum or burr. The measured sound
levels of such a source must not fluctuate by more than plus or minus
three dB. Such sound sources include, but are not limited to, heating,
ventilating or air-conditioning units; refrigeration units; and transformers.
Notwithstanding, this provision shall not apply to residential HVAC
equipment.
The following acts, among others, are declared
to be loud and disturbing noises in violation of this chapter. Any
enumeration herein shall not be deemed to be exclusive:
A.
Sound-production devices. No person shall operate
or use or cause to be operated loudspeakers, musical instruments or
other sound production devices so as to produce sounds which are plainly
audible inside a residence between the hours of 10:00 p.m. and 7:00
a.m. At no time shall sound from these sources exceed the limitations
set forth in Table I, which shall be reduced by five dBA for sound
from sound-production devices. Sound-level measurements for compliance
determination shall be conducted at or within the property line of
an affected person. In addition, loudspeakers and other sound equipment
must face into the geometric center of the property on which they
are located.
B.
Animals. The owner of any animal that barks, whines,
howls or makes any other noise for a period of 10 minutes or more
at a volume which can be heard anywhere at or within the property
of a complainant shall be guilty of violating this chapter.
C.
Honking of horns. The honking of horns on motor vehicles,
for other than emergency purposes, is hereby prohibited between the
hours of 9:00 p.m. and 6:30 a.m. on Mondays through Saturdays and
9:00 p.m. to 9:00 a.m. on Sundays and holidays.
D.
Idling of vehicles. Diesel or gas powered engines
on vehicles parked within the Town may not be idled between the hours
of 9:00 p.m. and 6:30 a.m. in such a manner that they are audible
within a residence for more than five minutes.
A.
Residential and commercial air-conditioning and air-handling
equipment.
(1)
Residential HVAC equipment shall not exceed 60 dBA
between the hours of 7:00 a.m. and 10:00 p.m. on the property of an
affected residence when measured in an outdoor area that is regularly
used by the affected person. An example of these areas may include
a patio or deck, a picnic area, poolside areas, etc.
(2)
Residential HVAC equipment shall not exceed 40 dBA
between the hours of 10:00 p.m. and 7:00 a.m. when measured within
the sleeping quarters of the affected residential property.
B.
Loading of commercial vehicles. The loading or unloading
of commercial vehicles is not permitted within a residential district
or within 250 feet of a residential district between the hours of
9:00 p.m. and 6:30 a.m. on Mondays through Saturdays and 9:00 p.m.
and 9:00 a.m. on Sundays and holidays.
C.
Construction activities.
(1)
All motorized equipment used in construction and demolition activity shall be operated with a properly functioning muffler. Any building or construction activity, including the clearing and removal of trees or other site preparation work, that is audible outside a building or structure is permitted only as follows in Subsection C(1)(a) and (b) below, during which time the limits set forth in Table I[2] do not apply:
(2)
Portable sound-production devices such as radios or
tape players shall not be operated at a construction site in a manner
that produces plainly audible sound within an adjacent occupied structure.
D.
Domestic tools and equipment; exemptions.
(1)
Noncommercial or nonindustrial power tools used for
landscaping and yard maintenance shall not be operated between the
hours of 8:00 p.m. and 8:00 a.m. on weekdays or between the hours
of 8:00 p.m. and 9:00 a.m. on weekends or holidays in such a manner
that they are plainly audible within the residence of an affected
person. All motorized equipment used in these activities shall be
operated with a properly functioning muffler. At all other times,
the limits set forth in Table I shall not apply.
(2)
Commercial or industrial power tools used for landscaping
and yard maintenance, excluding emergency work, shall not be operated
within 200 feet of a residential property line between the hours of
8:00 p.m. and 8:00 a.m. on weekdays or between the hours of 8:00 p.m.
and 9:00 a.m. on weekends or holidays in such a manner that they are
plainly audible within the residence of an affected person. All motorized
equipment used in these activities shall be operated with a properly
functioning muffler. At all other times, the limits set forth in Table
I shall not apply.
(3)
However, snowblowers, chain saws and other domestic
tools and equipment are exempted from these limits when they are being
used to clear driveways, streets or walkways during and within 24
hours after snowfalls, rainstorms, ice storms, windstorms or similar
emergencies, so long as all internal combustion engines are properly
muffled.
E.
Garbage trucks shall have self-adjusting back-up beepers.
A.
Noise emanating from the operation of motor vehicles
on public highways is regulated by the New York State Vehicle and
Traffic Law. The maximum noise levels set forth in the Vehicle and
Traffic Law for the operation of motor vehicles on public highways,
as they may be amended from time to time, are hereby designated to
be the maximum permissible noise levels for the operation of motor
vehicles on all other property in the Town of Ossining.
B.
Noise emanating from motor vehicles other than from
their operation, including, but not limited to, the noise of radios,
is regulated by this chapter and must not be audible more than 50
feet from the vehicle from which the noise emanates.
A.
No person shall operate within the Unincorporated Town of Ossining
any gas-powered leaf blower between May 31 and September 30 every
year, subject to the following limitations:
(1)
This provision does not take effect until May 31, 2019.
(2)
This provision does not apply to cemetery properties and on
pavement/impervious surfaces when the gas-powered leaf blower is being
operated at half-speed.
(3)
During times of emergency caused by storm or other exigent circumstances,
the Town Supervisor may declare a temporary moratorium on the operations
of this provision.
(4)
The Building Inspector may, in his discretion and upon application,
grant permits for the temporary operation of gas-powered leaf blowers,
with reasonable and appropriate conditions and/or limitations as determined
by the Building Inspector, for a period not to exceed seven days to
accommodate special circumstances, which special circumstances shall
not include regular property maintenance, and shall charge and collect
a fee of $35 for each permit granted.
B.
Additional rules for any person operating any type of leaf blower,
including but not limited to gas and electric-powered leaf blowers,
when permitted under the provisions of this section are as follows:
C.
Violations
(1)
Any person, individually or on behalf of a business, operating
a leaf blower in contravention of this section and/or any tenant or
owner of property where a leaf blower is being operated in contravention
of this section may be deemed violators of this section and may be
penalized as set forth herein.
A.
Nothing in this chapter shall be construed to prevent
the production of music in connection with any military or civic parade,
funeral procession or religious service.
B.
This chapter shall not be construed to prohibit the
use of any organ, bell, chimes or any other similar instrument or
device by any church, synagogue or school on or within its own premises
in connection with religious rites or ceremonies of such church or
synagogue or in connection with a school education program.
C.
Sounds created by any governmental agency by the use
of public warning devices are exempted from the limitations of this
chapter.
Upon the trial of any person charged with creating
unreasonably loud or disturbing noise in violation of this chapter,
the court may admit evidence of sound-pressure levels in decibels
as shown by a standard calibrated sound meter. For the purpose of
this section, evidence that noise exceeding the maximum sound-pressure
levels, in decibels, as provided in Table I hereof,[1] may be admitted as prima facie evidence that the noise
was unreasonably loud and/or disturbing.
A.
The owner of any instrumentality exceeding permissible
noise levels, its operator, and/or the owner of the property from
which the sound is being emitted may be deemed violators of this chapter.
B.
Any person violating any provision of this chapter
shall be guilty of a violation punishable as follows:
