Unless otherwise stated, the meanings of terms used in this chapter
shall be as stated below:
A-WEIGHTED SOUND LEVEL
The sound-pressure level (in decibels) as measured on a sound-level
meter using the A-weighting network. The level so read is designated
"dBA."
AGRICULTURAL ACTIVITIES
Those activities lawfully conducted for the production of
crops, livestock and livestock products as defined in § 301
of the Agriculture and Markets Law of the State of New York. This
includes all activities, mechanical or otherwise, performed in cultivating
the soil; harvesting, handling, planting, drying, packing, grading
and storing of crops. This term shall be broadly construed, but not
to include activities conducted in connection with commercial processing
of crops produced on land other than where such activities are conducted.
AMBIENT NOISE
The all-encompassing noise associated with a given environment,
usually being a composite of sounds from many sources, near and far.
CONSTRUCTION
Any activity necessary or incidental to the assembling, erection,
demolition, altering, installing or equipping of buildings, public
or private highways, roads, premises, parks, utility lines or other
property, including, but not limited to, related activities such as
land clearing, grading, earthmoving, excavating, blasting, filling
and landscaping.
CONSTRUCTION DEVICE
Any powered device or equipment designed and intended for
use in construction. Examples are air compressors, bulldozers, backhoes,
trucks, shovels, derricks and cranes.
CONSTRUCTION SITE
Any location, including land and water, where construction
takes place.
dBA
The A-weighted sound level (in decibels) as measured by a
general purpose sound meter complying with the provision of the American
National Standards Institute specifications for sound-level meters,
properly calibrated and operated on the A-weighting network.
DECIBEL
A unit for measuring the relative loudness of sounds, equal
approximately to the smallest degree of difference of loudness ordinarily
detectable by the human ear, whose range is about 130 decibels on
a scale beginning with 1 for the faintest audible sound.
DEVICE
Any machine, mechanism or equipment which is intended to
or which actually produces sound or vibration.
EMERGENCY OPERATION
(1)
The operation or parking of an authorized emergency vehicle,
when such vehicle is engaged in transporting a sick or injured person,
responding to, working or assisting at the scene of an accident, disaster,
public call, alarm, fire or any other emergency.
(2)
The work or activity that is necessary to prevent or recover
from an emergency, including, but not limited to, the repair of utility
services.
EXHAUST SYSTEM
A system which removes and transports air or gas from a device.
FREQUENCY
The number of sound waves (oscillations or cycles) per second
produced by a sound source, expressed in multiples of hertz (Hz).
HOMEOWNERS' LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
All engine- or motor-powered garden or maintenance tools
intended for repetitive use in residential areas, capable of being
used by a homeowner. Some examples are lawn mowers, garden tools,
riding tractors, etc.
IMPULSE SOUND
A sound of short duration (typically less than a second)
and of high intensity, with an abrupt onset and rapid decay. Examples
include an explosion or discharge of a firearm.
PERSON
Widely interpreted as any natural person, firm, corporation,
political subdivision, government agency, association, club, partnership,
society or any other form of organization whatsoever.
PUBLIC HIGHWAY
Any highway, road, street, avenue, public place, public driveway
or other public way.
RECREATIONAL MOTOR VEHICLE
Any vehicle which is propelled by any power other than muscular
power, that is designed for or capable of cross-country travel, such
as a snowmobile, motorcycle, trail bike or minibike. Lawn mowers,
power garden vehicles and other similar utilitarian domestic vehicles
are specifically excluded.
SOUND
The mechanical radiant energy that is transmitted by longitudinal
pressure waves in air or other material medium and is the objective
cause of hearing.
SOUND LEVEL
The level measured with a general purpose sound meter. For
purposes of enforcing and interpreting the provisions of this chapter,
the A-weighted slow response shall apply.
SOUND METER or SOUND LEVEL METER
An instrument, including a microphone, an amplifier, an output
meter and frequency weighting networks for the measurement of sound
levels (American National Standards Institute terminology).
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
or any other sound amplifying equipment.
UNREASONABLE NOISE
Any excessive or unusually loud sound or any sound, whether
made verbally or mechanically, which creates inconvenience, annoyance,
alarm, disturbance or offense or recklessly creates a risk of the
foregoing. The determination of whether a particular noise is "unreasonable"
shall consider criteria, including these:
(2)
The intensity of the noise.
(3)
The duration of the noise.
(4)
Whether the nature of the noise is usual or unusual in the context
of ordinary human experience.
(5)
Whether the origin of the noise is natural or unnatural in the
context of ordinary human experience.
(6)
The volume and intensity of the ambient noise, if any.
(7)
The proximity of the noise to residential sleeping facilities.
(8)
The nature of the zoning district from within which the noise
emanates.
(9)
The time of the day or night the noise occurs.
(10)
Whether the noise is temporary.
(11)
Whether the noise is made up of continuous or impulse sounds.