[HISTORY: Adopted by the Town Board of the
Town of Galway 1-14-1992 as L.L.
No. 1-1992; amended in its entirety 9-8-2020 by L.L. No. 3-2020. Subsequent amendments noted where applicable.]
It is hereby declared to be the policy of the
Town Board to prevent unreasonably loud, disturbing and unnecessary
noise. It is the intention of the Town Board to reduce the noise level
within the Town as to preserve, protect and promote the public health,
safety and welfare and to foster convenience, peace and quiet within
the Town. The Town Board finds that every person is entitled to have
maintained noise levels which are not detrimental to life, health
and enjoyment of property and that excessive and unreasonable noise
within the Town of Galway affects and is a menace to the public health,
safety and welfare and comfort of the people of the Town.
As used in this chapter, the following terms
shall have the meanings indicated:
Sound that reaches the point of interest by propagation through
the air.
Increasing by any means the volume generated by a sound source.
The term should include, without limitation, the use of car stereos,
stereos, portable radio, tape or compact disc players and the use
of speakers and/or amplifiers in conjunction with instruments of music.
Equipment that meets ANSI S1.4 1971 standards as described
under the definition of "dBA" below.
Any activity performed for hire, such as where the person
engaging in such enterprise does so in exchange for compensation.
All engine- or motor-powered equipment intended for infrequent
service work in inhabited areas, typically requiring commercial or
skilled operators. Examples of commercial service equipment include
chain saws, log chippers, and paving rollers.
All powered devices or equipment designed and intended for
use in construction. Examples of construction devices are air compressors,
bulldozers, backhoes, trucks, shovels, derricks and cranes.
The abbreviation for decibel.
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 (ANSI S1.4 1971), properly calibrated and operated on
the A-weighting network.
A unit for measuring the volume of a sound, equal to the
logarithm of the ratio of the sound pressure of the sound to the sound
pressure of a standard sound (0.0002 microbar); abbreviated "dB."
Work or activity that is necessary to prevent or recover
from an emergency, including but not limited to work to repair electric,
gas, water, sewage and telephone services.
The number of oscillations or cycles per second, expressed
in hertz (abbreviation "Hz").
All. engine- or motor-powered garden or maintenance tools
intended for repetitive use in residential areas, typically capable
of being used by a homeowner. Examples of homeowner's light residential
outdoor equipment include lawn mowers, garden tools, riding tractors,
snowblowers, and snowplows.
The abbreviation for hertz equivalent to cycles per second.
An actual person, corporation, partnership, association or
other entity recognized by law as the subject of rights and duties.
An instrument including a microphone, an amplifier, an output
meter and frequency weighting networks for the measurement of sound
levels. Sound level meters shall conform to the requirements of ANSI
specifications for sound level meters S1.4 1971.
Any excessively or unusually loud sound or any sound which
either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of a person, or which causes injury to animal
life or damages property or business. Standards which can be considered
in determining whether unnecessary noise exists in a given situation
include, but are not limited to, the following:
The intensity of the noise;
Whether the nature of the noise is usual or unusual;
Whether the origin of the noise is associated with nature or
man-made activity;
The intensity of the background noise, if any;
The proximity of the noise to sleeping facilities;
The nature of the zoning district of the area within which the
noise emanates;
The time of the day or night the noise occurs;
The time duration of the noise;
Whether the sound source is temporary;
Whether the noise is continuous or impulsive;
The presence of discrete tones;
Whether alternate methods are available to achieve the objectives
of the sound-producing activity.
No person shall make, cause or permit to be
made any unreasonable noise within the geographical boundaries of
the Town.
The following acts and the causes thereof are
declared to be in violation of this chapter and to constitute unreasonable
noise, excessive or unusually loud sound, amplified or otherwise which
annoys, disturbs, injures or endangers the comfort, repose, health,
peace and safety of a reasonable person of normal sensitivity:
A.
Types of
sound.
(1)
Yelling,
shouting, hooting, whistling, singing or performing music on the public
streets or from private property that is plainly audible at a distance
of 50 feet and annoys or disturbs the quiet, comfort or repose of
persons in the vicinity of the area, building, structure or vehicle
from which such noise emanates.
(2)
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 manner as to disturb the peace, quiet and comfort of
the neighboring inhabitants and in such manner as to be plainly audible
at a distance of 50 feet from the area, building, structure or vehicle
in which it is located.
(3)
Sounding
horns, squealing tires, or other vehicular noises produced excessively
or unnecessarily.
B.
No person
or persons owning, leasing or controlling the operation of any source
or sources of noise shall permit the use of such source to produce
unnecessary noise, as herein previously described.
C.
No person
shall create or cause to be emitted any airborne sound which, when
measured by a sound level meter at any lot line in a residential district,
exceeds the following standards:
A.
This chapter shall not apply to:
(1)
Home stereos being used at a place of residence for entertainment or enjoyment by persons thereof; provided, however, that they are not unreasonable as defined in § 67-4 above.
(2)
Public
or private addresses, readings, speeches, talks, debates or announcements.
(3)
The
intermittent or occasional use between 7:00 a.m. through 8:00 p.m.
of homeowner's light residential outdoor equipment or commercial service
equipment, provided that the equipment and its use otherwise comply
with this chapter, and the equipment is being operated for its intended
use.
(4)
Construction
activities between 7:00 a.m. through 8:00 p.m. and the associated
use of construction devices, provided that such activities and the
use of such equipment otherwise comply with this chapter.
(5)
Agriculture.
(6)
The
ringing of church bells or chimes used in conjunction with religious
or education purposes.
(7)
The
operation of sirens, horns or other alarms when used for the purpose
of alerting persons to the existence of an emergency and the passage
of vehicles.
(8)
The
emission of sound in performance of emergency work.
(9)
Temporary
uses as may be granted by permit.
(10)
Official
public celebrations.
(11)
Noise
of lawful aircraft flight operations.
(12)
The
lawful operation of any properly equipped motor vehicles on any public
way, subject to the applicable sections of the Vehicle and Traffic
Law that refer to noise.
(13)
Audible
exterior burglar alarms in operation for 10 minutes or less.
B.
The exceptions to the standards provided for in this
chapter shall not be construed to exempt any source of noise from
the provisions of this chapter under the definitions of "unreasonable
noise" or "person."
A.
A person not engaged in commercial enterprise who
commits a violation of this chapter shall be guilty of a violation
punishable by a fine of $25.
B.
A person engaged in commercial enterprise who commits
a violation of this chapter shall be guilty of a violation punishable
by a fine of $500.
C.
Each day in which a violation shall persist shall
be deemed a separate violation.
This chapter and the proscriptions and penalties
set forth herein are in addition to and not in lieu of all other applicable
laws, rules and regulations which are therefore continued in full
force and effect and unaffected by this chapter. Conversely, this
chapter is not intended to contradict or contravene any law, rule,
regulation, restriction or proscription of the United States, State
of New York or County of Saratoga, which may now or hereafter obtain
nor of the Town of Galway which may exist as of the date of adoption
of this chapter. Accordingly, to the extent this chapter may be contrary
to or inconsistent with such other legislation or regulations, such
legislation and regulations shall be deemed continued in full force
and effect and unaffected by this chapter.
