[HISTORY: Adopted by the Town Board of the Town of Van Buren 9-28-1988.
Amendments noted where applicable.]
It is hereby declared to be the policy of the Town Board to prevent
unreasonably loud, disturbing and unnecessary noise and to reduce noise level
within the town as to preserve, protect and promote the public health, safety
and welfare and to foster convenience, peace and quiet within the town by
the inhabitants and transients thereof. The Town 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 Town of Van Buren affects and is a menace to public health, safety,
welfare and the comfort of the people of the town.
For the purpose of this chapter, the terms used herein are defined as
follows:
Any person or persons, as appointed from time to time by the Town
Supervisor, trained in the measurement of sound and empowered to issue a summons
for violation of this chapter.
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 micro-pascals); and abbreviated as "dB."
Any sound of such level and duration as to be or which tends 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.
Noise created by a dog barking continually for five minutes or intermittently
for 10 minutes, unless provoked.
[Added 11-24-1997 by L.L. No. 7-1997]
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 as expressed in dBA.
An instrument for the measurement of noise and sound.
That which is not required by the usual circumstances. No person
shall cause, suffer, allow or permit the existence of unnecessary sound which
tends to injure, alarm, annoy, harass or disturb the peaceful enjoyment of
property of another.
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 as "dBA."
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 7:00 a.m. and
11:00 p.m., 70 dBA and between 11:00 p.m. and 7:00 a.m., 60 dBA, when measured
at the adjoining property line nearest the sound source.
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 operation of any radio, phonograph or use of any
musical instrument in such a manner or with such volume as to annoy or disturb
the quiet, comfort or repose of persons in any dwelling, apartment or other
type of residence.
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.
[Amended 11-24-1997 by L.L. No. 7-1997]
C.
The use of any automobile, motorcycle, ATV, 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 Code Enforcement 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 institutions.
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 shouting and crying of peddlers, hawkers and vendors
which disturbs the peace and quiet of the neighborhood.
I.
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.
J.
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 § 375 of the Vehicle and Traffic
Law of the State of New York.
K.
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 § 134-3 at the property line nearest the sound source.
L.
The creation of any noise which causes public inconvenience
or alarm or disturbs the public's peace, comfort and tranquillity.
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 on any
street, park or public gathering place in such a fashion as to exceed a noise
level of over 60 dBA 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 lawnmowers, snowblowers or other real
property maintenance equipment.
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, parade, etc.
F.
Sounds on private property which do not carry beyond
the boundary lines of the property on which they are created.
G.
Sounds created in the exercise of any trade, industry,
business or employment, provided that it is not conducted in such a manner
as to create any unreasonable or unnecessary noise of any unreasonable extent
and duration.
H.
Sounds created by ordinary agricultural operations.
Any person, firm or corporation who shall violate any of
the provisions of this chapter shall, upon conviction, be punishable by a
fine of not more than $250 or imprisonment for not more than 15 days, or both.
Each day of continuance of an offense shall be considered a separate offense.
This chapter shall be administered and enforced by the Code Enforcement
Office.
