[HISTORY: Adopted by the Town Board of the Town of Lancaster
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-6-2001 (Ch. 38 of the 1966 Codification)]
The Lancaster Town Board determines that the
creation of unreasonable noise within the Town limits is or may be
detrimental to the comfort, convenience, safety, health and welfare
of Town residents and to the quality of life of those residents. The
Town, therefore, intends to prohibit unreasonable noise from all sources
subject to its police power in order to preserve, protect and promote
the health, safety and welfare together with the peace, quiet and
enjoyment of all persons within the Town.
The following terms shall have the meanings
as indicated in this chapter:
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from near and far.
The hours between 7:00 a.m. and 9:00 p.m., except Fridays
and Saturdays when the evening hours shall be 11:00 p.m.
A standard unit of acoustic measurement having a zero reference
of 2/10,000 (0.0002) microbar.
A noise of short duration.
The range or sound frequencies divided into octaves in order
to classify sound according to pitch.
Property which contains one or more dwelling units, including
but not limited to single-family attached or detached dwelling units,
mobile dwellings, senior citizen housing, adult residential care facilities,
nursing homes.
Any property, including vacant land, which is not used for
residential purposes as defined herein.
The imaginary line, including its vertical extension, that
separates one parcel of real property from another or the vertical
and horizontal boundaries of a dwelling unit located within a multiple
dwelling unit building.
An oscillation in pressure, partial velocity or other physical
perimeter in a medium with internal forces that cause compression
and rarefaction of the medium.
A device, instrument, mechanism, equipment or apparatus or
the amplification of any sounds from any radio, phonograph, stereo,
tape player, musical instrument, television, loud speaker or other
sound-making or sound-producing device or any device or apparatus
for the reproduction or amplification of a human voice or other sound.
Any noise defined in § 221-4 of this chapter.
It shall be unlawful for any person to make,
continue, cause to be made, or permit to be made any unreasonable
noise within the geographic boundaries of the Town of Lancaster, or
within those areas over which the Town has jurisdiction. The determination
as to the existence of unreasonable noise may be established by the
specific acts considered to be unreasonable noise enumerated within
the subsections hereinafter.
The following acts and the causes thereof are declared to be in violation of this chapter and to constitute unreasonable noise when the noise exceeds the criteria in § 221-5:
A.
The use of any
sound reproduction device outside of a structure, whereby the sound
emitted from such device is audible on property being used for residential
purposes at a point more than 100 feet from the real property boundary
line of the property from which said noise emanates.
B.
The use of any
sound reproduction device inside a structure so as to result in the
sound, or any part thereof, emitted from such device to be projected
therefrom outside the structure, whereby the sound emanated from such
device is audible on property being used for residential purposes
at a point more than 100 feet from the real property boundary line
of the property from which the said noise emanates.
C.
The use and operation
of any sound reproduction device in a vehicle which would constitute
a threat to the safety of pedestrians or vehicle operators or where
conditions of overcrowding or street repair or other physical conditions
are such that the use of a sound reproduction device would deprive
the public of the right to the safe, comfortable, convenient and peaceful
enjoyment of a public street, park or place for public purpose and
would constitute a threat to the safety and welfare of the public.
Said noise disturbance is deemed to be in violation of this section
if it can be heard from a distance of greater than 50 feet.
[Amended 9-2-2003]
D.
The use and operation
of any sound reproduction device within 1,000 feet of a school, church,
health-care facility, clinic or court house while the same is in session
or conducting business therein so as to interfere with the functions
of such activities, provided that conspicuous signs are displayed
indicating the location of such facility. It will be a violation of
this section, even in the absence of conspicuous signs, if persons
using and/or operating sound reproduction devices within the one-thousand-foot
mark are given notice by the enforcement authority and thereafter
continue said use and operation.
E.
The use or operation
of any sound reproduction device within 1,000 feet of any hospital,
nursing home, adult residential care facility or medical facility
so as to interfere with the function of such facility or so as to
disturb the quiet, comfort or repose of a reasonable person of normal
sensitivities while confined to or being treated at such facility,
provided that conspicuous signs are displayed indicating location
of such facility; and the sound emanating from the device can be audibly
heard within the building or structure. It will be a violation of
this section, even in the absence of conspicuous signs, if persons
using and/or operating sound reproduction devices within the one-thousand-foot
mark are given notice by the enforcement authority and thereafter
continue said use and operation.
F.
The operation
of any motorized vehicle(s) on residential property where the sound
emanates to other residential properties and where the noise received
exceeds the ambient noise by five decibels or more in any octave band.
G.
The operation
of HVAC units on residential and commercial property from which noise
emanates to residential properties and exceeds the ambient noise by
five decibels or more in any octave band at the receiving property.
H.
Power tools and
equipment: the outdoor use or operation of any power tool or equipment,
including but not limited to saws, sanders, drills, grinders, lawnmowers,
or tractors, leaf blowers, or any other garden tools or equipment
on property being used for residential purposes between the hours
of 11:00 p.m. and 7:00 a.m. the following day.
I.
Construction activity:
(1)
The performance or engagement in construction work, building, excavating, hoisting, grating, demolishing, dredging or pneumatic hammering within the limits of the Town between the hours of 9:00 p.m. and 7:00 a.m. which causes sound which annoys and disturbs a reasonable person of normal sensitivities in a residential zone, except for emergency work of public service utilities or as otherwise provided in Subsection I(2) herein.
(2)
Any person
desiring to engage in the aforesaid activity beyond the stated hours
of limitation, based upon cases of urgent necessity or upon the interest
of public health, safety, and welfare, may apply to the Highway Superintendent
for a special permit allowing such activity. The permit, if granted,
shall be limited to a period of up to three days' duration but may
be renewed for additional periods of up to three days each if the
emergency or need continues. In the issuance of these permits, the
Highway Superintendent shall weigh all facts and circumstances and
shall determine whether the reasons given for the urgent necessity
are valid and reasonable, whether the public health, safety and welfare
will be protected or better served by granting the permit requested
and whether the manner and amount of loss or inconvenience to the
party in interest imposes a significant hardship.
J.
Sounding of any
horn, security alarm or other auditory signaling device at or in a
structure or in a motor vehicle, unless the operation of such alarm
shall be terminated within 10 minutes after such alarm is first activated,
except as required by law or to provide a waning signal during the
use thereof. This provision shall not be construed to prohibit the
use and operation of a signal device in an emergency vehicle or on
a construction vehicle.
K.
The operation
of a vehicle without an adequate muffler or exhaust system which prevents
unreasonable noise in violation of Vehicle and Traffic Law § 275,
Sub. 31.
L.
The operation
of any motor vehicle with a gross vehicle weight rating in excess
of 10,000 pounds, or any auxiliary equipment attached to such motor
vehicle, for a period longer than 15 minutes in any hour while a vehicle
is stationary, for reasons other than traffic congestion, so that
the sound emanated therefrom is audible on property being used for
residential purposes between the hours of 9:00 p.m. and 7:00 a.m.
of the following day. This provision shall not apply to authorized
emergency vehicles or to public utility vehicles actually engaged
in emergency operations. The operation, repair, rebuilding, modifying
or testing of any motor vehicle, motorcycle, motor boat, go-cart or
mini-bike on residential property so as to disturb the peace and quiet
of a reasonable person of normal sensitivities.
M.
The use or operation
of a refuse-collecting vehicle in any area of the Town, when collecting
or compacting, projects sound which is audible on property being used
for residential purposes between the hours of 9:00 p.m. and 7:00 a.m.
of the following day.
N.
The owning, possessing
or harboring of any animal which causes noise or makes sounds which
are audible on property being used for residential purposes for a
continued duration in excess of 15 minutes, or which otherwise disturbs
the peace and quiet of a reasonable person of normal sensitivities.
A.
The subject noise
must exceed ambient noise by five decibels or more in any octave band
to be declared excessive or unreasonable.
B.
Sound projecting
from one use district into another use district having a lower noise
level limit shall not exceed the limits of the district into which
it is projected. The noise level of a district shall be measured as
the ambient noise level existing in that district.
A.
Noise measurement
shall be made with a sound measure meter and compatible octave band
analyzer manufactured according to the specification of the American
National Standards Institute, USA Standards Specification for General
Purpose Sound Level Meters, and Preferred Center Frequency for Acoustical
Measurements or any subsequent nationally adopted standard superseding
the above standards.
B.
Except where impractical,
sound measurements shall be made from the specific position of the
complainant at the premises from which noise complaints are received
and shall be made at a height of at least three feet above the ground
and three feet away from walls, barriers, obstructions or other sound-reflective
services. Where the nature of the noise permits, the slow response
setting shall be used to obtain the noise level on the sound level
meter. The sound analysis curve shall be plotted in decibels upon
the noise rating numbers chart, and the highest portion of the curve
in any octave band above a noise rating curve shall be the noise rating
number for the measurement. The average curve has several measurements
which may be used to plot the sound analysis curve.
C.
When a detail
sound analysis measurement cannot be made, a measurement of the noise
using the "A" scale of a standard sound level meter may be made and
the noise rating number shall be determined by this measurement minus
eight decibels.
The following sounds shall not be deemed to
be in violation of this chapter:
A.
The sound created
by bells or chimes associated with a church, synagogue or other place
of public worship.
B.
The sound created
by any governmental agency or by the use of public warning devices.
C.
The sound created
by public utilities in carrying out the operation of their functions.
D.
The sound created
by sporting events, public organization, private schools, carnivals,
fairs, exhibitions, picnics or parades, provided that such events
shall take place between the hours of 7:00 a.m. and 11:00 p.m.
[Amended 10-16-2023 by L.L. No. 3-2023]
E.
On property operating
as a kennel, sounds from dogs confined within a building or, if outside,
between 7:00 a.m. and 8:00 p.m. local time.
F.
The sound created
by block parties or other outdoor parties at residential properties,
provided that such events shall take place between the hours of 7:00
a.m. and 11:00 p.m. local time.
G.
Any legitimate
commercial or industrial use or activity as long as the noise emanating
therefrom does not regularly run beyond the hour of 11:00 p.m. local
time and is not otherwise scheduled to run beyond 11:00 p.m. local
time.
H.
Any activity for
which the Town Board grants an exception upon application by the proponent
thereof.
A.
Any person who
shall violate any of the provisions of this chapter shall be guilty
of a violation and shall be punishable by a fine of not more than
$250 or imprisonment for not more than 15 days, or both. Each day
that such violation occurs shall be deemed a separate offense punishable
as such.
B.
This chapter shall
be enforced by the Town of Lancaster Police Department.
If any section, subdivision, paragraph, sentence
or other portion of this chapter shall for any reason be held or judged
to be invalid or illegal or unenforceable by any court of competent
jurisdiction, it is the intention of the Town Board that such section,
subdivision, paragraph, sentence or other portion so judged invalid,
illegal or unenforceable shall be deemed separate, distinct and independent,
and the same shall not affect the validity of this chapter as a whole
or any part or provision thereof other than the part so decided to
be invalid or unconstitutional.
This chapter shall take effect immediately.
