[HISTORY: Adopted by the Board of Trustees of the Village of Ellenville 6-5-2000
by L.L. No. 3-2000.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dogs and other animals — See Ch. 85.
Public entertainments — See Ch. 94.
Handbills, posters and banners — See Ch. 124.
Parades and public assemblies — See Ch. 160.
Peace and good order — See Ch. 164.
Peddlers and solicitors — See Ch. 168.
Zoning — See Ch. 227.
[1]
Editor's Note: This local law also repealed former Ch. 147, Noise,
adopted 3-14-1974 as Art. II of Ch. 14 of the Code of Ordinances, as amended.
This chapter shall be known and may be cited as the "Noise Control Law
of the Village of Ellenville."
It is hereby declared to be the policy of the Village Board to prevent
unreasonably loud, disturbing and unnecessary noise and to reduce noise levels
within the village so as to preserve, protect and promote the public health,
safety and welfare and to foster convenience, peace and quiet within the Village
by the inhabitants and transients thereof. The Village Board finds that every
person is entitled to have maintained noise levels which are not detrimental
to life, health and the enjoyment of property and that excessive and unnecessary
noise within the village of Ellenville affects and is a menace to public health,
safety, welfare and the comfort of the people of the village.
For the purpose of this chapter, the terms used herein are defined as
follows:
The practical unit of measurement of sound pressure level; the number
of decibels of a measured sound is equal to 20 times the logarithm to the
base 10 of the sound pressure of the measured sound to the sound pressure
of a standard sound (20 micropascals); abbreviated "dB."
Any sound of such level and duration as to be or tend to be injurious
to human health or welfare or that would unreasonably interfere with the enjoyment
of life or property, exceeding the limits as set forth in this chapter.
The Code Enforcement Officer of the village and any member of the
Police Department of the village.
Either 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 that is one in a multi-dwelling-unit building.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
The sound pressure level measured in decibels with a sound-level
meter set for A-weighting; sound level is expressed in dBA.
An instrument for the measurement of noise and sound.
That which is not required by the usual circumstances.
The sound level, in decibels, reported as measured by a sound-level-measuring
instrument having an A-weighted network which discriminates against the lower
frequencies according to a relationship approximating the auditory sensitivity
of the human ear. The level so read is designated in dBA.
A.
No person shall cause, suffer, allow or permit the operation
of any source of sound on a particular category of property or any public
space or right-of-way in such a manner as to create a sound level that exceeds
the particular sound level limits set forth as follows: between 6:00 a.m.
and 10:00 p.m., 70 dBA's, and between 10:00 p.m. and 6:00 a.m., 60 dBA's,
when measured at the adjoining property line nearest the sound source.
B.
No person shall cause, suffer, allow or permit the existence
of unnecessary sound which tends to injure, alarm, annoy, harass or disturb
the peace or enjoyment of property of another.
The following acts, among others, are declared to be loud, disturbing
and unnecessary noises in violation of this chapter, but the enumeration herein
shall not be deemed to be exclusive:
A.
The use or operation of any radio, television, phonograph,
musical instrument or other machine or device for the producing, reproducing
or amplification of sound with louder volume than is necessary for convenient
hearing for the person or persons who are voluntary listeners thereto. It
shall be prima facie evidence of a violation of this subsection if sound emanating
from such machine or device is:
B.
The keeping of any animal or bird which, by causing frequent
or long-continued noise, shall disturb the comfort and repose of any person
in the vicinity. For the purpose of this section, a "noise disturbance from
a barking dog" shall be defined as that created by a dog barking continually
for five minutes or intermittently for 10 minutes, unless provoked.
C.
The use of any automobile, motorcycle, all-terrain vehicle,
bus or vehicle in any manner as to create loud and unnecessary noise.
D.
The discharge into the air of the exhaust of any steam
engine, stationary internal-combustion engine or motor-vehicle engine, except
through a muffler or other device which will effectively prevent loud or explosive
noises therefrom.
E.
The erection, including excavation, demolition, alteration
or repair, of any building other than between 7:00 a.m. and 9:00 p.m., except
in the case of urgent necessity in the interest of public safety as determined
by the Noise Control Officer.
F.
The creation of any excessive noise on any street or
property adjacent to any school, institution of learning, court or church
while the same is in session or adjacent to any hospital or nursing home which
unreasonably interferes with the workings of such institution.
G.
The creation of a loud and excessive noise in connection
with the loading or unloading of any vehicle, or the opening and destruction
of bales, boxes, crates and containers in such a manner as to create an unreasonable
or unnecessary noise of unreasonable extent and duration.
H.
The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention to any sale or display of
merchandise by the creation of noise.
I.
The sounding of any horn or signal device on any vehicle,
motorcycle, bus or other device, except as a warning signal pursuant to the
provisions of Subdivision 1 of Section 375 of the Vehicle and Traffic Law
of the State of New York.
J.
The use of any radio apparatus, talking machine, loudspeaker, public address system or amplifier attached thereto in such a manner that the loudspeaker shall cause the sound from such device to exceed the level set forth in § 147-4 at the property line nearest the sound source.
K.
The creation of any noise which causes public inconvenience
or alarm or disturbs the public's peace, comfort and tranquility.
A.
It shall be unlawful for any person to use or operate
or cause to be used or operated any sound device or apparatus in, on, near
or adjacent to any public street, park or place for commercial or business
advertising purposes or for any person to operate or drive any automobile,
truck or other vehicle for commercial or business advertising by means of
any sound device or apparatus. The use of any trade, business or corporate
name or the name of any person, proprietor or vendor in such commercial or
business advertising shall be presumptive evidence that such advertising was
conducted by that person, business or corporation.
B.
It shall be unlawful to operate any radio apparatus,
talking machine, loudspeaker, amplifier or other sound-making device in any
street, park or public gathering place in such a fashion as to exceed a noise
level of over 60 dBA's as measured 20 feet from the sound-producing device.
The following sounds shall not be deemed to be a violation of this chapter:
A.
Sounds created by church bells or chimes.
B.
Sounds created by any government agency by the use of
public warning devices.
C.
Sounds created by lawn mowers, snowblowers or other real
property maintenance equipment between the hours of 8:00 a.m. and 10:00 p.m.
or during or within two hours of a snowstorm.
D.
Sounds created by public utilities in carrying out the
operation of their franchises.
E.
Sounds connected with sporting events of any public or
private school, authorized carnival, fair, exhibition or parade.
F.
Sounds on private property which do not carry beyond
the boundary lines of the property on which they were created.
G.
Sounds created in the exercise of any trade, industry,
business or employment between the hours of 6:00 a.m. and 10:00 p.m., provided
that it is not conducted in such a manner as to create any unreasonable or
unnecessary noise of any unreasonable extent and duration.
[Amended 10-16-2000 by L.L. No. 5-2000]
Every person convicted of a violation of any of the provisions of this
chapter shall, for the first conviction thereof, be punished by a fine of
not less than $100 and not more than $500; for a second or subsequent conviction
within 12 months after any previous conviction, such person shall be punished
by a fine of not less than $200 and not more than $1,000 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment. Each day
of continued violation shall constitute a separate additional violation.
This chapter shall be administered and enforced by the Noise Control
Officers.
