This chapter shall be known as the "Cooperstown
Noise Ordinance."
As used in this chapter, the following terms
shall have the meanings indicated:
A-WEIGHTED SOUND LEVEL
The measurement of sound approximating the auditory sensitivity
of the human ear as measured with a sound-level using the A-weighting
network. The level so read is designated "dB."
DECIBEL (dB)
The unit of sound measurement, on a logarithmic scale, of
the ratio of the magnitude of a particular sound pressure to a standard
reference pressure which for the purpose of this section shall be
0.0002 microbar.
NOISE
Any sound of such level and duration as to be or tend to
be injurious to human health or welfare or that would reasonably interfere
with the enjoyment of life or property.
REAL PROPERTY LINE
The boundary line, including the vertical extension thereof,
that separates legal ownership of one parcel of real property from
another, or the vertical and horizontal boundaries of a dwelling unit
that is part of a multiple-dwelling-
SOUND LEVEL
The sound pressure level measured in decibels with a sound-level
meter set for A-weighting. Sound level is expressed in dB.
SOUND MEASUREMENT
The reading produced by the decibel meter held at chest level when pointed in the apparent direction of the source of the sound. The sound measurement shall be the average of two readings, each taken from a location specified in §
172-5 below. Reading locations shall be at least 30 feet apart and with a minimum of at least one minute separation between readings when the meter is set for slow sound readings.
The standard or standards to be considered in determining whether
a noise is an unreasonable noise which constitutes a prohibited noise
shall include but not be limited to one or more of the following:
B. The intensity
of the noise.
C. Whether
the nature of the noise is usual or unusual.
D. Whether
the origin of the noise is natural or unnatural.
E. The volume
and intensity of the background noise, if any.
F. The proximity
of the noise to residential sleeping facilities.
G. The nature
and the zoning district of the area within which the noise emanates.
H. The time
of the day or night the noise occurs.
I. The time
duration of the noise.
J. Whether
the sound source is temporary.
K. Whether
the noise is continuous or impulsive.
L. The presence
of discrete tones.
The following acts are declared to be prima facie evidence of
a violation of this chapter. This enumeration shall not be deemed
exclusive.
A. Noise from a dog or other animal or fowl that is continuous
and exceeds 15 minutes.
B. Noise from a burglar alarm system or other alarm system
of any building, motor vehicle or boat that is continuous or repetitive
and exceeds 15 minutes. This section shall not apply to audible alarm
systems that are designed to detect heat or smoke or in instances
where the alarm system is working as intended and an actual or attempted
burglary has occurred.
C. The sounding
of any horn or signaling device of any motor vehicle, motorcycle,
train, or boat, except when required by other statute, which is continuous
or repetitive or is apparently being sounded or being used for the
purpose of advertisement.
D. The making
of improper or unnecessary noise by operating a motor vehicle in such
a manner as to cause the excessive squealing or other excessive noise
of the tires.
E. The operation
of an audio device from any motor vehicle at sound levels which may
be heard at a distance of 60 feet from the vehicle.
F. The operation
of a motor vehicle that is not equipped with an adequate muffler and
exhaust system in constant operation and properly maintained to prevent
any excessive or unusual noise, or the operation of a motor vehicle
with a muffler or exhaust system modified in a manner that will amplify
or increase the noise emitted by the motor or exhaust system of such
vehicle above that emitted by the muffler or exhaust system originally
installed on the vehicle.
G. The operation
of an engine compression brake to slow or stop a motor vehicle in
the Village.
H. The hawking,
peddling, or sale of anything by shouting or outcry or by using horns,
whistles, bells or any other instrument to attract attention for that
purpose within any area of the Village.
The following sounds shall be exempt from the
restrictions and prohibitions of this section and shall not be deemed
a violation of this chapter:
A. Church bells: sounds created by bells or chimes emanating
from religious institutions between the hours of 7:00 a.m. and 10:00
p.m.
B. Warning devices: sounds created by any government
agency, or by the use of public agency warning devices.
C. Fireworks: the professional display of fireworks that
has been approved by the Village Board of Trustees.
D. Sporting events and public entertainment: sounds emanating
from sporting events of any public or private schools and/or any Village-authorized
carnival, fair, exhibition, outdoor concert, parade, and/or athletic
contest, conducted between 7:00 a.m. and 11:00 p.m.
E. Construction
activities: sounds created by activities associated with site improvements
and building construction, repair and maintenance between the hours
of 7:00 a.m. and 10:00 p.m. Sounds created by construction activities
between the hours of 10:00 p.m. and 7:00 a.m. shall be subject to
the limitations of this section, except that in the event of an emergency,
so declared by the Fire Department or Police Department, construction
activities directly connected to the abatement of such emergency may
be undertaken without regard to the prohibitions and limitations of
this section for a period not to exceed 72 hours from the commencement
of such construction activities, during which time application for
a sound permit or sound level variance shall be made.
F. Residential
property maintenance: sounds produced by the use of lawn mowers, hedge
trimmers, leaf blowers, chain saws, tillers, mulchers, chippers, and
other similar residential power tools and devices used in the care
and maintenance of lawns, yards, and vegetation between the hours
of 7:00 a.m. and 10:00 p.m.
G. Snow removal
operations: sounds produced by snow blowers, snow throwers, and snowplows
when used in their customary manner, provided that all equipment is
equipped with exhaust mufflers recommended by the manufacturers thereof.
H. Governmental
operations: sounds produced by vehicles, equipment, and machines engaged
in the conduct of governmental functions of any federal, state or
local municipal entity.
I. Federally
preempted activities: sounds produced by activities which are beyond
the jurisdiction of the Village to regulate based upon the federal
interstate commerce clause.
This chapter shall be enforced by the Cooperstown Police Department
and/or the Village Code Enforcement Officer. Upon the issuance of
a citation for violation of this chapter, the conduct in violation
shall immediately cease, and the sound permit or sound level variance,
if applicable, shall be deemed to be immediately revoked.
A. All persons
applying for a sound permit or variance, and all individuals and organizations
involved in the staging and conduct of the planned event as listed
on the application, shall be subject to citation or arrest for each
violation of this chapter that occurs upon the premises for which
the sound permit or variance was issued, and all such persons shall
be subject to the penalties provided herein upon conviction. Notwithstanding
the foregoing, and regardless of whether a sound permit or variance
was applied for or issued, all persons creating sound in violation
of this chapter shall be subject to citation and/or arrest for violation
of this chapter.
B. The Village
of Cooperstown Police Department or Code Enforcement Officer shall
notify the record owner of the property (as listed in the most recent
Village assessment roll and any applicable permit application) in
writing by regular U.S. mail, as soon as practical, of each citation
for a violation of this section that was written by a law enforcement
or code enforcement officer and that the incident will be a factor
for consideration for future permits of any sort issued by the Village
of Cooperstown.