[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw 9-20-2017 by L.L. No. 9-2017.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided for the repeal
of former Ch. 147, Noise, adopted 9-20-1995 by L.L. No. 5-1995.
This chapter shall be known as the "Village of West Haverstraw
Noise Control Law."
It is hereby declared to be the policy of the Village of West
Haverstraw to safeguard the right of its residents within the privacy
of their homes to be free from intrusive, unwanted sounds. Problems
concerning the disturbance of peace and quiet by noise from various
activities are best solved by thoughtful discussions and cooperative
agreements between affected parties. However, to resolve remaining
problems of noise which is disturbing to others, it is the policy
of the Village of West Haverstraw to establish standards, variance
procedures, enforcement procedures and penalties.
As used in this chapter, the following terms and phrases shall
have the following meanings:
A unit for measuring the volume of sound, equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to a standard pressure of 20 micronewtons per square
meter.
New Year's Day, Lincoln's Birthday, President's
Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's
Day, Thanksgiving Day and Christmas Day.
Any zoning district which is not a residential zoning district.
Nonresidential zoning districts include the C Commercial, the PLI
Planned Light Industrial, the MLI Mixed Use Light Industrial and the
OSC Open Space Conservation Zoning Districts.
Any zoning district in which one-family, two-family detached
and/or multifamily dwellings are permitted principal uses, including
R-1, R-2, R-3 and R-4 Zoning Districts.
The sound-pressure level measured in decibels with a sound-level
meter set to A-weighting, expressed in dB(A).
Any electronic or electrical device that is used for the
production of sound, including, but not limited to, any loudspeaker,
radio, television, tape recorder, phonograph or any other sound-amplifying
equipment.
An instrument used for the measurement of sound levels which
conforms to Type 1 or Type 2 standards under American National Standards
Institute (ANSI) specifications S1.4-1971, or the latest approved
revision thereof.
Any sound which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of a reasonable person
of normal sensitivities under the circumstances.
Any zone as defined in Chapter 250, Zoning, of the Village of West Haverstraw.
No person, including any owner or occupant, of any premises
shall operate or permit to be operated or use or cause to be operated
in the Village of West Haverstraw any sound source that produces a
sound level exceeding the limitations in this section. The measurement
of any sound or noise shall be made with a sound level meter using
the A-weighted scale and slow response except for sound or noises
which occur in single or multiple bursts with a duration of less than
one second for which fast response shall be used. The sound level
determination or measurement shall be conducted not nearer to the
sound source than the closest property line of the parcel on which
such noise is generated, except where otherwise specified, and in
no case on public or private streets. When the determination or measurement
is made for a dwelling unit of a multiple-dwelling unit building as
the receiving property, all exterior doors and windows of the dwelling
unit shall be closed and the determination or measurement shall be
taken in the center of a room.
A.
Customary residential activities. Customary residential activities on properties within any residential zoning district, including social gatherings, deliveries of residential heating oil and pickup of residential garbage, as well as permitted agricultural activities, shall not be regulated by this chapter, except for specific activities or noise sources that are subject to and governed by § 147-5H, Sound reproduction devices; § 147-5I, Burglar alarms; § 147-5J, Animals; or § 147-6B, Domestic tools and equipment; vehicle repair.
B.
Other activities. Noise produced by other activities on properties within any residential or nonresidential zoning district shall not exceed 60 dB(A) during the hours of 8:00 a.m. to 6:00 p.m. or 45 dB(A) during the hours of 6:00 p.m. to 8:00 a.m. on any other property used for residential purposes within any residential zoning district unless otherwise permitted in § 147-7, Exceptions. However, the restrictions contained in this Subsection B shall not be applicable to specific activities or noise sources that are subject to and governed by §§ 147-5, 147-6 and/or 147-7.
The following acts are declared to be excessive, unusually loud,
unusually disturbing and unnecessary noises in violation of this chapter:
A.
Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle on any street
or public place of the Village of West Haverstraw, except as a danger
warning; the sounding of any such device for an unnecessary and unreasonable
period of time; and the use of any such signaling device when traffic
is for any reason held up.
B.
Radios, television sets, tape recorders, bands, etc. The playing,
using, operating or permitting to be played, used or operated of any
radio receiving set, television set, musical instrument, band, tape
recorder, phonograph or other machine or device for the producing
or reproducing of sound in such manner as to disturb the peace, quiet,
tranquility and comfort of the neighboring inhabitants, or at any
time with louder volume than is necessary for the convenient hearing
of the person or persons who are in the place, room, vehicle or chamber
in which such set, machine, instrument, band or device is played or
operated and who are voluntary listeners thereto. The playing or operation
of any such set, tape recorder, instrument, band, phonograph, machine
or device in such manner as to be plainly audible at a distance of
50 feet from the place, building, structure or vehicle in which it
is located shall be prima facie evidence of a violation of this section.
C.
Loudspeakers and amplifiers for advertising. The playing, using,
operating or permitting to be played, used or operated of any radio
receiving set, television set, musical instrument, band, tape recorder,
phonograph, loudspeaker, sound amplifier or other machine or device
for the purpose of producing or reproducing sound which is placed
upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or structure.
D.
Yelling and shouting. Yelling and shouting on the public streets
at any time or at any place so as to annoy or disturb the quiet, comfort
or repose of persons in any office or in any dwelling, hotel or other
type of residence or of any persons in the vicinity.
E.
Animals. The keeping of any dog or other animal which by causing
frequent or long continued barking or other noise shall disturb the
comfort or repose of any persons in the vicinity.
F.
Schools, courts, churches and hospitals. The creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court while the same are in use, or adjacent to any hospital,
which 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 indicating that
the same is a school, hospital or court street.
G.
Hawkers and peddlers. The shouting, yelling and crying of peddlers,
hawkers, and vendors which disturbs the peace and quiet of the neighborhood.
H.
Sound reproduction devices. No person, including any owner or occupant of any premises, shall operate or permit to be operated or use or cause to be operated loudspeakers or other sound reproduction devices so as to produce sounds which are audible between the hours of 8:00 p.m. and 10:00 a.m., or are audible and unreasonably intrusive at any other times on any other property used for residential purposes within any residential zoning district as determined within and no closer to the property line of the receiving property than the absolute minimum side yard distance specified for the residential zoning district in which the receiving property is located, except as permitted in Subsection I, Burglar alarms, or § 147-7, Exceptions. For any sound reproduction device operated in any C, PLI or MLI development, the limitation on audibility of sound from that device shall be applied only outside of that development. Nothing in this subsection is intended to prohibit incidental sounds emanating from public sporting events or public entertainment events.
I.
Burglar alarms. Sound from an exterior burglar alarm of any building
or motor vehicle shall terminate within 15 minutes after it has been
activated.
J.
Animals. It shall be unlawful for any owner of or any other person
harboring any animal to permit or allow such animal while in the Village
of West Haverstraw to engage in habitual loud howling, barking or
noise making which is unreasonably intrusive.
K.
Exhaust and mufflers. No person shall cause or permit the operation
of any device, vehicle, construction equipment or lawn maintenance
equipment, including, but not limited to, any diesel engine, internal
combustion engine or turbine engine, that has been modified or become
defective so as to cause the level of sound emitted to be greater
than that emitted as originally manufactured.
A.
Air-conditioning and air-handling equipment. No person, including
any owner or occupant of any premises, shall operate or permit to
be operated or use or cause to be operated an air-conditioning or
air-handling device that produces a sound level greater than 55 dB(A)
on any other property used for residential purposes within any residential
zoning district. However, this limitation shall not apply to properly
operating air-conditioning equipment installed in residential zoning
districts prior to enactment of this chapter.
B.
Domestic tools and equipment; vehicle repair.
(1)
No person shall or no owner or occupant of any premises shall operate
or permit to be operated any hand tool or power tool or equipment,
including, but not limited to, saws, hammers, sanders, drills, grinders,
lawn or garden tools, mowers, tractors, chain saws, leaf blowers or
gatherers or similar devices or wood chippers of any kind, or cause
or permit vehicle repair or engine tune-up activities so as to create
noise in excess of the following limits. This prohibition includes
equipment used by lawn care or landscape services.
(a)
Noise levels from domestic tools and equipment, and from vehicle
repair, during the hours of 8:00 a.m. to sundown, Monday through Friday,
except holidays, and 9:00 a.m. to sundown, Saturday, Sunday and holidays,
shall not be restricted by this subsection. At all other times, such
noise levels shall not exceed 45 dB(A) on any other property used
for residential purposes within any residential zoning district.
(b)
Noise levels from snowblowers, chain saws and other domestic
tools and equipment are exempted from these limits when they are being
used to clear driveways, streets or walkways during and within 24
hours after snowfalls, rainstorms, ice storms, windstorms or similar
emergencies.
A.
Nothing in this chapter shall be construed to prevent the production
of music in connection with any military or civic parade, funeral
procession or religious service.
B.
This chapter shall not be construed to prohibit the use of any organ,
bell, chimes or any other similar instrument or device by any church,
synagogue, or school on or within its own premises in connection with
religious rites or ceremonies of such church or synagogue or in connection
with a school education program.
C.
For sound reproduction devices used in connection with weddings or similar events on any property used for residential purposes, sound levels in excess of those permitted in § 147-4A are allowed, provided that such sound levels do not exceed 65 dB(A) on any other property used for residential purposes within any residential zoning district and provided that sound levels in excess of those permitted in § 147-4A cease by 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday nights and by 12:30 a.m. on Saturday and Sunday mornings.
D.
Sounds created by any governmental agency by the use of public warning
devices are exempted from the limitations of this chapter.
E.
Sounds created by public utilities in carrying out the operations
of their franchise are exempted from the limitations of this chapter.
F.
Sounds connected with sporting events of any public or private school,
swim or tennis club or country club or permitted special events or
sports programs are exempted from the limitations of this chapter.
G.
Sounds connected with activities and equipment of the Village of
West Haverstraw Department of Public Works and West Haverstraw Fire
Department are exempted from the limitations of this chapter.
H.
Sounds created by aircraft or by motor vehicles on public streets
are exempted from the limitations of this chapter.
A.
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Village Board shall have the power in passing upon a petition for a variance duly made pursuant to Subsection B by owners of properties with nonresidential uses which would be in violation of other subsections of this chapter to vary or modify the application of any of the regulations or provisions of this chapter so that the spirit of this chapter shall be observed, public health, safety and welfare secured and substantial justice done.
B.
No variation or adjustment in the strict application of any regulations
or provisions of this chapter shall be granted by the Village Board
unless it finds that:
(1)
The applicant has demonstrated good and sufficient cause for the
granting of a variance. Such demonstration shall be founded upon a
fair consideration of the circumstances present pertinent to the petition,
including, but not limited to:
(a)
The social utility of the use or activity for which a variance
is sought.
(b)
The nature and degree of observed variance from prescribed standards
that results from such use or activity.
(c)
The impact of such use or activity on other residents and properties.
(d)
The nature and cost of available measures that may be taken
to mitigate the impact of such use or activity.
(2)
There are unique or special circumstances or conditions, fully described
in the findings of the Village Board, applying to the activity or
to the use of land, property or facilities for which the variance
is sought which warrant the granting of a variance on the ground of
practical difficulty or unnecessary hardship.
(3)
The granting of a variance is necessary to enable the applicant to
conduct the activity or use for which a variance is sought without
unreasonable burden or restriction, and the variance as granted by
the Village Board is the minimum adjustment that will accomplish such
purpose.
(4)
The granting of the variance will be in harmony with the general
purposes and intent of this chapter, will not be injurious to the
community or any neighborhood or otherwise detrimental to the public
health, safety or welfare and will not be in conflict with other laws
or ordinances or inconsistent with the Comprehensive Master Plan of
the Village.
C.
The Village Board, in passing upon a petition for a variance under
this chapter, may limit the effective period of any variance granted
and may impose upon the grant or operation of any variance such conditions
in furtherance of the public interest as the Village Board finds necessary
or appropriate.
D.
The Village Board shall retain continuing jurisdiction over and with respect to any variance granted under this chapter, and it shall have the fullest powers and authority allowed by law to review, rehear, modify, reverse or annual, for good cause shown, any order, resolution, decision or determination made with respect to a petition for or the granting of a variance under this chapter. No such review, reconsideration or action shall be taken except upon and after notice and a hearing as provided in Subsections F and G.
E.
All such appeals shall be in writing on forms prescribed by the Village
Board, and each appeal or application shall refer to the specific
provisions of this chapter and shall exactly set forth the details
of the variance that is applied for and the grounds on which it is
claimed that the same should be granted. Any petition for a variance
shall also identify all practical steps which have been taken or which
are proposed to be taken by the applicant to reduce noise.
F.
Notice of hearing. Notice of any hearing shall be published by the
Village Board in the official paper at least five days prior to the
date of said hearing. Notice of the hearing shall also be mailed by
the Village Board to the parties at least five days before such hearing.
The applicant shall mail, by certified mail, notice of the hearing
to all abutting property owners and to all owners of property situated
directly across a street from the property affected by such appeal.
Proof of such mailing shall be submitted to the Village Board by the
applicant prior to the hearing. The applicant shall be responsible
for the cost of publication and mailing of such notice.
G.
Hearing. The Village Board shall conduct a public hearing on any
application made pursuant to this chapter. At such public hearings
all those present and wishing to be heard shall be given an opportunity
to be heard.
H.
For a period of 180 days after this chapter becomes effective, a
properly filed application for a variance shall exempt the applicant
from the specific provisions of this chapter from which a variance
is being sought, from the date of filing of the application until
the Village Board has ruled on the application.
The provisions of this chapter shall in no case remove or render
less restrictive limitations on noise generation or other conditions
imposed for specific properties by actions of the Zoning Board of
Appeals or by actions of the Planning Board or required under other
applicable laws or regulations.
The provisions of this chapter shall be enforced by the Police
Department of the Town of Haverstraw, Code Enforcement Officers of
the Village of West Haverstraw or other officials designated by the
Village Board.
A.
Any person violating or failing to comply with the provisions of
this chapter or with any order or direction lawfully given hereunder
shall be liable to a penalty not exceeding $250 for a first offense,
up to $500 for a second offense and up to $1,000 for each further
offense, imprisonment for not more than 15 days, or both such fine
and imprisonment.
B.
As an additional remedy, the creation of noise which violates this
chapter shall be deemed and is declared to be a public nuisance and
may be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder of this chapter but shall be confined in its operation to
the clause, sentence, paragraph, section or part thereof directly
involved in the litigation in which such judgment shall have been
rendered.