It is hereby declared to be the public policy of the Town to reduce the ambient noise level in the Town, so as to preserve, protect and promote the public health, safety and welfare, and the peace and quiet of the inhabitants of the Town, prevent injury to human, plant and animal life and property, foster the convenience and comfort of its inhabitants, and facilitate the enjoyment of the natural attractions of the Town. It is the public policy of the Town that every person is entitled to ambient noise levels that are not detrimental to life, health and enjoyment of his or her property. It is hereby declared that the making, creation or maintenance of excessive or unreasonable noises within the Town affects and is a menace to public health, comfort, convenience, safety, welfare and the prosperity of the people of the Town. The provisions and prohibitions hereinafter contained and enacted are for the above-mentioned purpose.
[HISTORY: Adopted by the Town Board of the Town of Hoosick 11-13-2018 by L.L. No. 4-2018. Amendments noted where applicable.]
A.
All terminology defined herein which relates to the nature of sound and the mechanical detection and recording of sound is in conformance with the terminology of the American National Standards Institute (ANSI) or its successor body.
B. A-WEIGHTED SOUND LEVEL AGRICULTURAL DISTRICT AGRICULTURAL EQUIPMENT AMBIENT NOISE COMMERCIAL AREA COMMERCIAL FACILITY(1) (2) (3) (4) (5) (6) (7) (8) (9) COMMUNITY SERVICE FACILITY CONSTRUCTION CONTINUOUS SOUND DBA DECIBEL DEMOLITION EMERGENCY EMERGENCY WARNING DEVICE EMERGENCY WORK EXTRANEOUS SOUND FREQUENCY IMPULSE SOUND INDUSTRIAL FACILITY NOISE NOISE DISTURBANCE PARK PEAK SOUND PRESSURE LEVEL PERSON PLAINLY AUDIBLE PUBLIC RIGHT-OF-WAY PUBLIC SERVICE FACILITY PUBLIC SERVICE INDUSTRIAL FACILITY PUBLIC SPACE REAL PROPERTY LINE RESIDENTIAL AREA RESIDENTIAL PROPERTY SOUND SOUND LEVEL SOUND LEVEL METER SOUND PRESSURE LEVEL SOUND REPRODUCTION DEVICE SOUND SOURCE TRANSIENT SOUND UNREASONABLE NOISE VIBRATION
As used in this chapter, the following terms shall have the meanings indicated:
The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated "dBA."
Necessary equipment used to conduct agriculture.
The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources.
A group of commercial facilities and the abutting public right-of-way and public spaces.
Any premises, property, or facility involving traffic in goods or furnishings of services for sale or profit, including but not limited to:
Dining and/or drinking establishments;
Banking and other financial institutions;
Establishments for providing retail services;
Establishments for providing wholesale services;
Establishments for recreation and entertainment;
Office buildings;
Transportation;
Warehouses;
Hotels and/or motels.
Any nonresidential facility used to provide services to the public, including but not limited to:
Any activity necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, premises, parks, utility lanes or other property, including but not limited to related activities such as land clearing, grading, earthmoving, excavating, blasting, filling and landscaping, but not including agriculture.
Any sound that is not impulse sound.
The abbreviation designating the unit of sound level as measured by a sound level meter using the A-weighting, also known as "dBA." All references to "decibel" or "db" shall be presumed to mean "dBA" unless otherwise specified.
The practical unit of measurement for sound pressure level; the number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals); abbreviated "dB."
Any dismantling, intentional destruction, or removal of buildings or structures.
Any occurrence or circumstances involving actual or imminent physical or property damage which demands immediate action.
Any sound signal device that is to warn of an emergency.
Any work or action necessary to deliver essential services, including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities; removing fallen trees on public rights-of-way; dredging of waterways or abating life-threatening conditions.
A sound which is neither part of the neighborhood residual sound nor comes from the source under investigation.
The number of sound pressure oscillations per second, expressed in hertz; abbreviated "Hz."
Sound characterized by either a single pressure peak or a single burst (multiple pressure peaks) having a duration of less than one second.
Any activity and its related premises, property, facilities, or equipment involving the fabrication, manufacture, or production of durable or nondurable goods.
Any sounds of such level and duration as to be or tend to be injurious to human health or welfare, or which would unreasonably interfere with the enjoyment of life or property throughout the Town.
Any sound which:
A public area designated for recreation, playing fields, a public children's playground or other area open to the general public for recreation and enjoyment.
The maximum absolute value of the instantaneous sound pressure level during a specified time interval.
Any individual, association, partnership, corporation or other entity and includes any officer, employee, department or agency of the above.
Any sound that can be detected by a person using his or her unaided hearing faculties. As an example, if the sound source under investigation is a portable or personal vehicular sound-amplification or -reproduction device, the enforcement officer need not determine the title of a song, specific words, or the artist performing the song. The detection of the rhythmic base component of the music is sufficient to constitute a plainly audible sound.
Any street, avenue, boulevard, road, highway, sidewalk, alley, or boardwalk that is leased, owned or controlled by a governmental entity, no matter how designated.
Any facility and its related premises, property, or equipment used to provide governmental services to the public, including, but not limited to:
Any facility and its related premises, property, or equipment used to provide industrial governmental services to the public, including, but not limited to:
Any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
Either:
A group of residential properties and the abutting public rights-of-way and public spaces.
Property used for human habitation.
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
The weighted sound pressure level obtained by the use of a sound level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound level meters (ANSI). If the frequency weighting employed is not indicated, the A-weighting shall apply.
Any instrument, including a microphone, amplifier, an output meter, and frequency weighting networks for the measurement of noise and sound levels in a specific manner and which complies with standards established by the American National Standards Institute (ANSI) specifications for sound level meters.
The level of a sound measured in dB units with a sound level meter which has a uniform ("flat") response over the band of frequencies measured.
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 amplified musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public-address system or any other sound-amplifying device.
Any person, animal, device, operation, process, activity, or phenomenon which emits or causes sound.
A sound, the level of which does not remain constant during measurement.
Any sound which is defined in § 270-4 herein as unreasonable or prohibited.
An oscillatory motion of solid bodies of deterministic or random natures described by displacement, velocity or acceleration with respect to a given reference point.
A.
No person shall make, cause, allow, or permit to be made any unreasonable noise within the geographical boundaries of the Town or within those areas over which the Town has jurisdiction between the hours of 10:00 p.m. and 7:00 a.m. except as otherwise provided herein. The standards to be considered in determining whether an unreasonable noise exists include, but are not limited to, the following:
(1)
The volume of the noise;
(2)
The frequency of the noise;
(3)
The periodicity of the noise;
(4)
Whether the noise is unusual and incongruous with the surrounding environment;
(5)
The volume and frequency of the ambient noise, if any;
(6)
The proximity of the noise source to any residential, educational, medical, religious or judicial facility;
(7)
The use, nature and character of the zoning district of the immediate area where the noise source exists;
(8)
The time of day or night the noise occurs; and
(9)
The duration of the noise.
B.
Specific acts considered to be unreasonable noise. In addition to the general prohibitions set forth in § 270-4A hereof, any of the following acts and causes thereof which either annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities are declared to be in violation of this chapter and to constitute unreasonable noise:
(1)
No person shall operate or use or cause to be operated any loudspeaker, public-address system or similar amplification device at a sound level in excess of 65 dBA when measured at or within the real property line of the receiving property between the hours of 10:00 p.m. and 7:00 a.m., except when used in connection with a public emergency by law enforcement officers, a police department, fire department or any municipal entity or service.
(2)
Using or operating any sound reproduction device in excess of 65 dBA when measured at or within the real property line of the receiving property or within the real property line of the receiving property between the hours of 10:00 p.m. and 7:00 a.m. for commercial or business advertising purposes or for the purposes of attracting attention to any performance, show or sale or display of merchandise in connection with any commercial operation in front or outside any building, place or premises, or through any aperture of such building, place or premises, abutting on or adjacent to any public right-of-way, or in or upon any vehicle operated, standing or being in or on any public right-of-way, or from any stand, platform or other structure, or from any airplane or other device used for flying over the Town, or on any public right-of-way. Nothing in this subsection is intended to prohibit sound emanating from sporting, hunting or public entertainment or other public events where such devices are used except as otherwise provided.
(3)
No animal or bird owner or custodian shall permit his or her animal or bird to cause annoyance, alarm, or noise disturbance for more than 15 minutes' duration between the hours of 10:00 p.m. and 7:00 a.m., by repeated barking, whining, screeching, howling, braying or other like sounds which can be heard beyond the boundary of the owner's property.
(4)
The creation of any noise disturbance between the hours of 10:00 p.m. and 7:00 a.m., including, but not limited to, shouting, yelling, calling, or hooting so as to annoy or disturb the quiet, comfort and repose of a reasonable person of normal sensibilities.
(5)
Self-contained, portable, handheld music or sound-amplification or -reproduction equipment shall not be operated on a public space or public right-of-way in such manner as to be plainly audible at a distance of 25 feet in any direction from the operator between the hours of 10:00 p.m. and 7:00 a.m.
(6)
No person shall cause or permit the creation of any noise disturbance between the hours of 10:00 p.m. and 7:00 a.m. by means of any device or otherwise on any sidewalk, street or public place adjacent to any school, court, house of worship, public library or adjacent to any hospital or nursing home so that such sound disrupts the normal activities conducted at such facilities or disturbs or annoys persons making use of such facilities.
(7)
No person shall engage in, cause or permit the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of 10:00 p.m. and 7:00 a.m. which creates sound in excess of 65 dBA when measured at or within the residential real property line of the receiving property.
(8)
No person shall cause or permit to be caused the sounding of any horn or other auditory signaling device on or in any motor vehicle except to serve as a warning of imminent danger between the hours of 10:00 p.m. and 7:00 a.m. where such sound is plainly audible across a residential property line.
(9)
No person shall operate or permit to be operated any tools or equipment used in construction, drilling, excavations or demolition work, between the hours of 10:00 p.m. and 7:00 a.m., where such sound is plainly audible across a residential property line, except the provisions of this section shall not apply to emergency work.
C.
Maximum permissible continuous sound levels. In addition to the general prohibitions set forth in § 270-4A hereof and those specific prohibitions set forth in § 270-4B(1) through (9) hereof, the following general prohibitions regarding continuous sound levels shall apply in determining unreasonable noise:
(1)
No person shall make, cause, allow, or permit the operation of any source of sound in any public space or right-of-way in such a manner as to create a sound level that exceeds 65 dBA for more than five minutes' duration between the hours of 10:00 p.m. and 7:00 a.m. when measured at or within the real property line of the receiving property, except as provided in § 270-4C(2) herein.
(2)
When measuring sound within a dwelling unit of a multi-dwelling-unit building, all exterior doors and windows shall be closed and the measurements shall be taken in the center of the receiving room.
D.
Motor vehicles.
(1)
Motor vehicles operated within the Town shall have sound level limits and equipment which shall be in compliance with the provisions of any then-existing state or federal law, including but not limited to §§ 386 and 375 of the New York State Vehicle and Traffic Law.
(2)
No person shall operate a motor vehicle in such a manner as to cause a noise disturbance between the hours of 10:00 p.m. and 7:00 a.m., such as by, but not limited to, spinning or squealing the tires or rapid acceleration of such vehicle.
(3)
No person shall allow noise from an automobile alarm to continue in excess of five minutes' duration after it has been activated.
(4)
From 10:00 p.m. to 7:00 a.m., no sound-reproductive device level in or from a motor vehicle shall exceed 65 dBA as measured from the nearest curb or edge of the roadway or be plainly audible more than 25 feet in any direction from the motor vehicle from which the sound emanates.
Regardless of the decibel limits or the time of day or night, the provisions of this chapter shall not apply to:
A.
Sound and vibration emitted for the purpose of alerting people in an emergency.
B.
Sound and vibration emitted in the performance of correcting an emergency.
C.
Sounds created by church bells or chimes, when a part of a religious observance or service.
D.
Sounds created by any government agency by the use of public warning devices.
E.
Sound from agricultural equipment when operated in an agricultural zone.
F.
Sound from snow blowers, snow throwers, and snow plows when operated with a muffler for the purpose of snow removal.
G.
Sound from a burglar alarm of any building or residence, provided such burglar alarm shall terminate its operation within five minutes after it has been activated.
H.
Sound generated by municipality-sponsored concerts and events designed to promote the health, safety or welfare of the citizens of the Town.
The noise control requirements established by this chapter shall be administered and enforced jointly by Town Building Inspector, the Rensselaer County Sheriff's Department and the New York State Police and such other employees and/or officials who may from time to time be authorized by the Town Board to enforce same. A violation of the provisions of this chapter may be established upon the verbal or written complaint of at least one person. Violation of any provision of this chapter shall be cause for a summons to be issued.
Any person found to have violated any of the provisions of this chapter shall be guilty of a violation and shall be subject to the following:
A.
Upon a first conviction, a fine not to exceed $250, or a term of imprisonment for a period not to exceed 15 days, or both such fine and imprisonment;
B.
Upon a second conviction, for an offense committed within a period of one year from the first such conviction, a fine not to exceed $1,000, or by a term of imprisonment for a period not to exceed 15 days, or both such fine and imprisonment;
C.
For a third and any subsequent conviction for an offense committed within a period of one year from the second such conviction, a fine not to exceed $3,000, or a term of imprisonment not to exceed 15 days, or both such fine and imprisonment.
D.
If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate and distinct violation.
A.
The Town Zoning Board of Appeals shall have the authority to grant special variances for limited times and purposes of this chapter. Any person seeking a special variance pursuant to this section shall file an application with the Town Building Inspector. The application shall consist of a letter signed by the applicant and shall contain a legal form of verification. Such letter shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. In addition, the following information shall be provided:
(1)
The plans, specifications and any other information pertinent to the source of sound and vibration.
(2)
The characteristics of the sound and vibration emitted by the source, including but not limited to the sound levels, the presence of impulse sounds or discrete (pure) tones, the day(s) and hours during which such vibration and sound is generated.
(3)
The noise abatement and control methods used to restrict the emissions of the sound and vibration.
(4)
A time schedule for the installation of noise abatement and control devices, technology and procedures or process modifications that will be followed to restrict the emissions of sounds and vibrations.
(5)
The name and address of the applicant and the applicant's agent, if any, and whether the applicant is the owner, lessee, licensee, etc., of the premises. If the applicant is not the owner, the application must contain the written consent of the owner.
(6)
The names and addresses of all owners of contiguous land within 500 feet of the premises. The applicant in like manner shall give notice of the application by certified mail, return receipt requested, to all property owners surrounding the sound source site within a radius of 500 feet from the borders of said site.
(7)
A filing fee of $25.
B.
Public hearing and decision. Upon prior reasonable public notice, the Zoning Board of Appeals shall hold a hearing on the special variance application. The Zoning Board of Appeals, upon reviewing all input from the hearing and obtaining any additional data or information as deemed necessary, shall then pass upon the application by resolution. The decision shall be transmitted to the Town Building Inspector, who will advise the applicant of such decision by transmitting a copy of the special variance application to the applicant, with the decision and conditions, if any, imposed by the Zoning Board of Appeals attached.
C.
Applicant to obtain other necessary permits. This chapter does not preclude the necessity of the applicant to obtain the approval or permit required by any other agency before proceeding with the action approved under the approved special variance. No action may be initiated by the applicant until such time that other permits, as may be required, are issued.
D.
Variance to be available for inspection. The applicant or his agent shall have readily available the approved special variance at the location or site for which the variance has been issued and shall show same to any agent of the Town whenever requested.
E.
Activity open to inspection. Activity conducted under the special variance shall be open to inspection at any time by any agent of the Town or any law enforcement agency as may be applicable.
F.
Powers and duties of Zoning Board of Appeals.
(1)
In determining whether to grant or deny the application, the Zoning Board of Appeals shall balance the hardship to the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on the property affected and any other adverse impacts of granting the special variance.
(2)
In connection with this section, the Zoning Board of Appeals shall cause the taking of sound-level readings in the event that there shall be any dispute as to the sound levels prevailing or to prevail at the sound source site.
(3)
The Zoning Board of Appeals shall have the power to impose restrictions, conditions and the recording of covenants upon any sound source site, including time limits on permitted activity in the event that it shall grant any variance hereunder.
This chapter shall take effect upon filing with the Secretary of State of the State of New York.