A. 
All terminology defined herein which relates to the nature of sound and the mechanical detection and recordation of sound is in conformance with the terminology of the American National Standards Institute or its successor body.
B. 
Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows:
A-WEIGHTED SOUND LEVEL [dB(A)]
The sound pressure level in decibels as measured on a sound meter using the A-weighting network slow response. The level so read is designated dB(A).
COMMERCIAL DISTRICT
An area where offices, clinics and the facilities needed to serve them are located; an area with local shopping and service establishments; a tourist-oriented area where hotels, motels and gasoline stations are located; a business strip along a main street containing offices, retail businesses and commercial enterprises; and other commercial enterprises and activities which do not involve the manufacturing, processing or fabrication of any commodity. "Commercial district" shall include but shall not be limited to any parcel of land zoned commercial.
COMMERCIAL PURPOSE
Includes the use, operation or maintenance of any sound-amplifying equipment for the purpose of advertising any business, any goods or any services or for the purpose of attracting the attention of the public to or advertising for or soliciting the patronage of customers to or for any performance, show, entertainment, exhibition or event or for the purpose of demonstrating any such sound equipment.
CONSTRUCTION ACTIVITIES
Any and all activity incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, structures, roads, or appurtenances thereto, including land clearing, grading, excavating and filling.
CONTINUOUS NOISE
A steady, fluctuating or impulsive noise which exists, essentially without interruption, for a period of 10 minutes or more, with an accumulation of an hour or more over a period of eight hours.
DECIBEL (dB)
A unit of level which denotes the ratio between two quantities which are proportional to power. The number of decibels corresponding to the ratio of two amounts of power is 10 times the logarithm to the base 10 of this ratio.
DEVICE
Any mechanism that is intended to produce or which actually produces sound when operated or handled.
EMERGENCY
Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage, which demands immediate action.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
INDUSTRIAL DISTRICT
An area in which enterprises and activities which involve the manufacturing, processing or fabrication of any commodity, are located. "Industrial district" shall include but shall not be limited to any parcel of land zoned as an industrial district under Chapter 235, Zoning.
L-10
The level exceeded 10% of the time.
MOTOR VEHICLE
Any vehicle defined as such in the New York State Vehicle and Traffic Law, but not limited to a passenger vehicle, truck, truck-trailer, trailer or semi-trailer, propelled or drawn by mechanical power, and shall include motorcycles, snowmobiles, mini-bikes, go-carts, quads, all-terrain vehicles and any other vehicle which is self-propelled.
NOISE
Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE
Any sound which endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivities or endangers or injures personal or real property.
NOISE-SENSITIVE ZONE
Any area designated pursuant to this chapter for the purpose of ensuring exceptional quiet.
NONCOMMERCIAL PURPOSE
The use, operation or maintenance of any sound equipment for other than a commercial purpose. "Noncommercial purpose" shall mean and include but shall not be limited to philanthropic, political, patriotic and charitable purposes.
PERSON
Any individual, association, partnership or corporation, including any officer, employee, department, agency or instrumentality of the state or any political subdivision of a state.
REAL PROPERTY BOUNDARY
A line 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 intra-building real property divisions.
RESIDENTIAL DISTRICT
An area of single- or multiple-family dwellings and shall include areas where multiple-unit dwellings, high-rise apartments and high-density residential districts are located. "Residential district" shall also include but is not limited to hospitals, nursing homes, homes for the aged, schools, courts and similar institutional facilities.
SOUND
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 characteristics of such sound, including duration, intensity and frequency.
SOUND REPRODUCTION DEVICE
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 musical instrument, radio, television, tape recorder, phonograph, loudspeaker, public-address system or any other sound-amplifying device.
SOUND-LEVEL METER
An instrument, including a microphone, an amplifier, an output meter and frequency weighting networks for the measure of sound levels.
UNREASONABLE NOISE
Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities or which causes injury to animal life or damage to property or business. Standards to be considered in determining whether an unreasonable noise exists in a given situation include but are not limited to the following:
(1) 
The volume of the noise.
(2) 
The intensity of the noise.
(3) 
Whether the nature of the noise is usual or unusual.
(4) 
Whether the origin of the noise is usual or unusual.
(5) 
The volume and intensity of the background noise, if any.
(6) 
The proximity of the noise to residential sleeping facilities.
(7) 
The nature and the zoning district of the areas within which the noise emanates.
(8) 
The time of the day or night the noise occurs.
(9) 
The time duration of the noise.
(10) 
Whether the sound source is temporary.
(11) 
Whether the noise is continuous or impulsive.
(12) 
The density of the inhabitation of the area within which the noise emanates.
(13) 
Whether the noise is produced by a commercial or noncommercial activity.
No person shall make, continue or cause or suffer to be made or continued any unreasonable noise as defined in § 158-1 hereof. In particular, without limitation of the foregoing provision of this section, the following enumerated acts are declared to be in violation of this section.
A. 
Animals. No person shall keep, permit or maintain any animal under his control that frequently or for continued duration makes sounds which creates an unreasonable noise across a residential real property boundary. This provision shall not apply to veterinarian facilities.
B. 
Commercial, business and industrial operation. No person shall operate or permit to be operated on a sound source site a commercial business or industrial operation that produces an unreasonable sound level.
C. 
Construction.
(1) 
No person shall operate or permit to be operated any tools, machinery or equipment used in construction, drilling or demolition work:
(a) 
Between sunset and 8:00 a.m. the following day on weekdays or at any time on Sunday or legal holidays, such that the sound there from creates an unreasonable noise across a residential real property boundary.
(b) 
At any other time such that the sound level at or across a real property boundary exceeds an L-10 of 60 dB(A) for the daily period of operation.
(2) 
The provisions of this subsection shall not apply to emergency work.
D. 
Domestic power tools. No person shall operate or permit the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar device used outdoors in residential areas between the hours of 10:00 p.m. and 8:00 a.m. of the following day, so as to cause an unreasonable noise across a residential real property boundary.
E. 
Explosives and similar devices. No person shall use or fire explosives or similar devices which create impulsive sound so as to cause an unreasonable noise across a real property boundary.
F. 
Horns and signaling devices. 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 danger warning.
G. 
Motor vehicle repairs and testing. No person shall repair, rebuild, modify or test any motor vehicle in such a manner as to cause an unreasonable noise across a residential real property boundary or within a noise sensitive zone.
H. 
Mufflers. No person shall discharge into the open air the exhaust of any steam engine, stationary internal-combustion engine, air-compressor equipment, motor vehicle or other power device, which is not equipped with an adequate muffler in constant operation and properly maintained to prevent any unreasonable noise or noise disturbance, and no such muffler or exhaust system shall be modified or used with a cutoff, bypass or similar device which causes said engines, vehicles or other power devices to create an unreasonable noise.
I. 
Noise-sensitive zones. No person shall cause or permit the creation of any sound by means of any device or otherwise on any sidewalk, street or public place adjacent to any hospital, nursing home, school, court, house of worship or public library while such facility is in use at any time, so that such sound disrupts the normal activities conducted at such facilities or disturbs or annoys persons making use of such facilities.
J. 
Sound reproduction devices.
(1) 
No person shall operate or cause to be operated a sound reproduction device that produces an unreasonable noise or noise disturbance across a real property boundary between the hours of 10:00 p.m. and 8:00 a.m. the following day or within a noise-sensitive zone.
(2) 
No person shall operate or use or cause to be operated or used any sound reproduction device in any public place in such a manner that the sound emanating there from creates an unreasonable noise across a real property boundary.
(3) 
This section shall not apply to any person participating in a school band or in a parade, or sounds emanating from sporting, entertainment or other public events where such devices are used.
K. 
Trucks. No person shall load any garbage or trash on a compactor truck, or any other truck, whereby the loading, unloading or handling of boxes, crates, equipment or other objects is conducted within a residential district nor within 300 feet of any hotel or motel between the hours of 10:00 p.m. and 5:00 a.m. the following day.
L. 
Hawkers and peddlers. It shall be unlawful for any person within the Town to sell anything by outcry within any area of the Town zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainments events.
M. 
Schools, hospitals and churches. It shall be unlawful for any person to create any noise on any street, sidewalk or public place adjacent to any school, institution of learning or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, church or hospital.
N. 
Live, amplified music, loudspeakers. The playing and operation of any instrument(s), bands, jukeboxes, machine or device, in such a manner as to be plainly audible at a distance of 50 feet from the place, building, structure, and/or vehicle in which it is originating from, between the hours of 10:00 p.m. and 8:00 a.m. on Sunday, Monday, Tuesday, Wednesday, Thursday, or between the hours of 11:00 p.m. and 8:00 a.m. on Friday and Saturday, without first obtaining a permit from the Town.
O. 
Operation of other devices. The operation of any radio receiving set, television, musical instrument(s), tape recorder, phonograph, iPod, MP3 player, jukebox, machine or sound device or apparatus in such a manner as to disturb the peace, health, tranquility, comfort and repose of a reasonable person of normal sensibilities at a distance of 50 feet or more from the place, building, structure, and/or vehicle in which it is originating from. Such a disturbance shall be prima facie evidence of a violation of this section.
P. 
Sound levels. Except as otherwise permitted in this chapter, any source of sound in excess of the sound level limits set forth herein shall constitute a violation of this chapter. For purposes of determining sound levels from any source of sound, sound level measurements shall be made at a point on the receiving property nearest where the sound source at issue generates the highest sound level. For all sources of sound measured from any property the following shall be evidence of a violation of this chapter:
(1) 
"Nighttime hours" (from 11:00 p.m. to 8:00 a.m.): 75 dBA.
(2) 
"Daytime hours" (from 8:00 a.m. to 11:00 p.m.): 90 dBA.
(3) 
All sound level measurements shall be measured with a precision sound level meter.
Note: Sound level measurements shall be made with a sound level meter. In multifamily residential structures, the microphone shall be placed no closer than 3.5 feet to the wall through which the source of sound at issue is transmitting. The microphone shall also be placed five feet above the floor regardless of whether the source of sound at issue transmits through the floor, ceiling or wall.
The provisions of this chapter shall not apply to:
A. 
The emission of sound for the purpose of alerting persons to the existence of an emergency.
B. 
The emission of sound in the performance of emergency work.
C. 
The prohibition on the use of snow and/or ice removal equipment machinery shall not apply where prevailing weather conditions require that property owners use such tools for purposes of ingress and egress from their property, including sidewalks and driveways, or are otherwise required to make sidewalks, walkways or other areas safe for pedestrian traffic.
A. 
The Town Board of the Town of Blooming Grove shall have the authority, consistent with this section, to grant variances to this chapter.
B. 
Any person seeking a variance pursuant to this section shall file an application with the Town Board. The application shall consist of a letter signed by the applicant and containing 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 plan, specifications and other information pertinent to such sources.
(2) 
The characteristics of the sound emitted by the source, including but not limited to the sound levels, the presence of impulsive sounds and the hours during which such sound is generated.
(3) 
The noise abatement and control methods used to restrict the emission of sound.
C. 
The Town Board, upon receipt of such application and upon payment of any fee which shall be required by resolution of the Town Board, shall set the matter down for a public hearing to be held within 30 days from the date the application is submitted. The Town Board shall cause publication of such public hearing to be given in the official newspaper of the Town. The applicant shall give notice of the application by certified mail to all property owners surrounding the sound source site within a radius of 200 feet from the borders of said site.
D. 
In determining whether to grant or deny the application, the Town Board 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 other adverse impacts of granting the variance.
E. 
The Town Board shall cause the taking of sound level readings by an agency to be designated by the Town Board in the event that there shall be any dispute as to the sound levels prevailing or to prevail at the sound source site.
F. 
The Town Board 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.