[HISTORY: Adopted by the Board of Trustees of the Village
of Adams as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-18-2022 by L.L. No. 6-2022[1]]
[1]
Editor's Note: This local law superseded former Art. I, Noise,
Disturbing the Peace and Dogfighting, adopted 4-22-1985 as Article 5, as amended 2-16-2021 by L.L. No. 1-2021.
As used in this article, the following terms shall have the
meanings indicated:
Sound which has its volume increased by electronic or other
means.
All engine-powered or motor-powered equipment intended for
infrequent service work in inhabited areas, typically requiring commercial
or skilled operators. Examples of commercial service equipment are
chain saws, log chippers, paving rollers, commercial lawn mowers,
leaf blowers, etc.
Any powered device or equipment designed and intended for
use in construction. Examples of construction devices are air compressors,
bulldozers, backhoes, trucks, shovels, derricks, and cranes.
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, properly calibrated and operated on the A-weighing network.
A logarithmic unit of measurement used in determining the
intensity of sound.
The constant sound level that, in a given situation and time
period, conveys the same sound energy as the actual time-varying A-weighted
sound.
All engine-powered or motor-powered garden or maintenance
tools intended for repetitive use in residential areas, typically
capable of being used by a homeowner. Examples of homeowners'
light residential equipment are lawn mowers, garden tools, riding
tractors, snowblowers, snowplows, leaf blowers, etc.
An individual, association, firm, syndicate, company, trust,
corporation, department, bureau or agency, or any other entity recognized
by law as the subject of rights and duties.
A legal boundary along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intrabuilding property
divisions.
An instrument for the measurement of sound pressure levels,
including microphone, amplifier, an output meter, and in most cases
frequency weighting networks which comply with standards established
by the American National Standards Institute (ANSI) specifications
for sound level meters. An instrument meeting the requirements of
this code shall conform to the requirements of "Type 1" or "Type 2"
as defined by appropriate ANSI standards.
Sound which:
Causes temporary or permanent hearing loss in persons exposed;
or
Is injurious, or tends to be, on the basis of current information,
injurious to the public health or welfare; or
Disturbs a reasonable person of typical human sensitivities;
or
Exceeds the standards or restrictions established herein; or
Interferes with the comfortable enjoyment of life and property
or the conduct of business. The following are deemed to interfere
with the comfortable enjoyment of life and property or the conduct
of business:
Yelling or shouting that disturbs the quiet, comfort or repose
of persons residing or occupying an adjacent or neighboring property.
The using of, operating of, or permitting to be played, used
or operated, any radio, receiving set, musical instrument, phonograph,
television set or other machine or device for the producing or reproducing
of sound in such a manner as to disturb the peace, quiet and comfort
of the person(s) residing or occupying an adjacent or neighboring
property, regardless of the location of the source of noise.
The keeping of any animal or bird which, by causing frequent
or long-continued noise, shall disturb the comfort and repose of any
person in the vicinity.
The use of any automobile, motorcycle, trail bike, minibike,
snowmobile, bus or vehicle so loaded or in such a manner as to create
loud and unreasonable grating, grinding, rattling, or other noise.
The discharge into the air of the exhaust of any steam engine,
stationary internal combustion engine, or motor vehicle engine, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
The erection, including the excavation, demolition, alteration,
or repair, of any building other than between the hours of 7:00 a.m.
and 9:00 p.m., except in the case of urgent necessity in the interest
of public safety as determined by the Code Enforcement Officer or
other applicable laws in the Code of the Village of Adams.
The creation of any excessive noise on any street adjacent to
the Town of Adams Court (while same is in session), provided that
conspicuous signs are displayed in such street indicating that such
is a court street.
The creation of a loud and excessive noise in connection with
the loading or unloading of any vehicle, or the opening and destruction
of bales, boxes, crates, and containers in such a manner as to create
unreasonable noise of an unreasonable extent and duration.
The shouting and crying of peddlers, hawkers and vendors which
disturbs the peace and quiet of the neighborhood.
The use of any drum, loudspeaker or other instrument or device
for the purpose of attracting attention to any sale or display of
merchandise by the creation of noise.
The sounding of any horn or signal device in any vehicle, motorcycle,
bus or other device except as a warning signal, pursuant to the provisions
of Subdivision 1 of § 375 of the Vehicle and Traffic Law
of the State of New York.
A.
No person owning, leasing, or controlling the operation of any source of noise on any lot, structure, or any other location within the Village of Adams shall permit the establishment of a condition of unreasonable noise. Except as provided in § 180-4 of this article, the use of amplifiers, speakers or other machines or devices capable of reproducing sound from the premises, dwelling, building or location within the Village shall be considered unreasonable noise and shall be prohibited at all times.
B.
Sound devices. 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, or for any person to operate or
drive any automobile, truck, or other vehicle for commercial or business
advertising by means of any sound device or apparatus. The use of
any trade, business, or corporate name or the name of any person,
proprietor or vendor in such commercial or business advertising shall
be presumptive evidence that such advertising was conducted by that
person, business or corporation.
A.
No person shall create or cause to be emitted any unreasonable noise
which when measured on a sound level meter from the property line
of the source property owner exceeds the following equivalent A-weight
sound level (Leq) standards.
B.
Impulse noise or noise startling in nature may not exceed the above
applicable dBA noise limits by more than 10 dBA for more than four
occurrences in a thirty-minute period.
C.
Measurements shall be taken at a point on the property line of the
source property owner. The microphone shall be placed no closer than
five feet from any wall and shall be mounted on a tripod at a height
of five feet above the ground. The sound level meter shall be calibrated
before and after each set of measurements and set to "slow" response
during measurements. When measurements are taken outdoors, a wind
screen shall be placed over the microphone of the sound level meter
in accordance with the meter manufacturer's instructions.
A.
The intermittent or occasional use between 7:00 a.m. and 9:00 p.m.
of homeowners' light residential outdoor equipment with mufflers
or commercial service equipment, provided that such activities and
such equipment and their use comply with the other provisions hereof.
B.
Construction activities between 7:00 a.m. and 9:00 p.m. and the associated
use of construction devices or the noise produced thereby, provided
that such activities and such equipment and their use comply with
the provisions hereof.
C.
Noise from church bells or chimes used for religious purposes.
D.
Noise from snowblowers, snow throwers and snowplows when operated
with a muffler for the purpose of snow removal.
E.
Nonamplified noise generated from lawful athletic or recreational
activities, events or facilities.
F.
Nonamplified noise from organized activities sponsored by the Village
of Adams, the Village of Adams Fire Department, or any activity authorized
by the Village of Adams Board of Trustees.
G.
Noise from municipally sponsored celebrations or events.
H.
Where a waiver is granted by the Village of Adams Board of Trustees pursuant to § 180-5 of this article.
I.
Noncommercial public speaking or public assembly activities conducted
on any public space or public right-of-way.
J.
Emergency construction or repair work.
K.
Noise from the activities of any fire department, ambulance squad
or similar emergency or rescue organization in carrying out their
official duties.
M.
Emergency stationary and mobile signal devices.
N.
Audible exterior burglar alarms for 15 minutes or less.
O.
Between the hours of 7:00 a.m. and 9:00 p.m., sounds created in the
exercise of any trade, industry, business or employment, provided
that it is not conducted in such a manner as to create any unreasonable
noise of an unreasonable extent or duration.
A.
Authorization for permit. Where the enforcement of this article would
create an unnecessary hardship, the Village of Adams Board of Trustees,
in their discretion, may grant a waiver from the requirements of this
article. Such waivers shall be granted by the Board of Trustees only
in those circumstances where the proposed waiver is the minimal intrusion
needed and where on balance the need for the benefits of the waiver
outweigh the needs and rights of the surrounding neighbors to a peaceable
and quiet environment.
B.
Waiver procedure fee.
(1)
An application for such a waiver shall be filed with the Village
of Adams Board of Trustees no less than 45 days before the anticipated
need and shall provide the following information:
(a)
The name of the applicant.
(b)
The adult person responsible for compliance with the waiver,
if different from the applicant, which adult person shall also sign
the application and agree to be responsible for compliance with the
waiver terms and any conditions attached to the waiver.
(c)
The reason for the usage.
(d)
Plans and specifications of the use.
(e)
Noise abatement and control methods to be used.
(f)
Time schedule.
(g)
A reasonable and accurate estimate of the type and levels of
noise to be associated with the activity, use or event for which the
waiver is needed.
(h)
Demonstration why the applicant cannot conform to this article.
(i)
Such other information as the Board of Trustees may reasonably
require to adequately consider the waiver request.
(j)
For a waiver to be granted to the provisions of this article,
proof must be provided to the Board of Trustees that notification
for the waiver has been given to each person reasonably expected to
be affected by the noise. The notification shall state that any person
objecting to the granting of such waiver may contact the Village Mayor
or the Village Clerk to express his/her opposition to the granting
of the waiver.
(2)
The Village Board of Trustees may in their sole discretion waive
the application filing requirement of 45 days upon good cause shown
or for other unique, special or extenuating circumstances.
(3)
At the time of the filing of the waiver application or applications,
the applicant shall pay the Village of Adams a nonrefundable fee as
set forth from time to time by Village Board of Trustees resolution.
(4)
The issuance of waivers shall be discretionary. The Village Board
of Trustees may impose any conditions deemed necessary to minimize
the intrusion of sound that might occur by the exercise of the privileges
granted by the waiver. Any waiver issued shall state that the waiver
only applies to this article, and that § 240.20, Subdivision
2, of the Penal Law of the State of New York (Disorderly conduct)
provides that "A person is guilty of disorderly conduct when, with
the intent to cause public inconvenience, annoyance or alarm, or recklessly
creating a risk thereof[,]. . .[h]e makes unreasonable noise." If
a waiver is issued, a copy of the waiver stipulating any and all conditions
imposed by the Village Board of Trustees shall be furnished to the
Jefferson County Sheriff's office and the Village of Adams Police
Department simultaneously upon the issuance of the waiver to the applicant.
The provisions of this article shall be administered and enforced
by the Village of Adams Police Department, the Jefferson County Sheriff's
office, the New York State Police, the Village of Adams Code Enforcement
Officer, and/or the Village of Adams legal counsel.
A.
Any person who violates any provision of this article shall be guilty
of a violation punishable by a fine not exceeding $500; and upon a
subsequent offense, punishable by a fine not exceeding $2,500. If
the violation is of a continuing nature, each one-hour period of violation
of any provision of this article shall constitute an additional, separate,
and distinct offense.
B.
In addition to any other remedy provided by law, the Village of Adams
may bring an injunction proceeding to enforce this article.
A.
Severability. If any clause, sentence, paragraph, or section of this
article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, or section thereof directly involved in the controversy
in which such judgment shall have been rendered.
B.
When effective. This article shall take effect upon filing with the
Department of State as required by the provisions of the Municipal
Home Rule Law.
