[HISTORY: Adopted by the Board of Trustees
of the Village of New Hyde Park 4-18-1996 by L.L. No. 1-1996. (This local law also
repealed former Ch. 122, Noise, adopted 2-23-1939 by Ord. No. 43.) Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Noise Control Law of the Village of New Hyde Park" or, in
abbreviated form, as the "NCL-NHP."
The Board of Trustees finds the emission of
any loud, disturbing, excessive or unreasonable noise to be an unnecessary
environmental hazard, one demonstrably detrimental to individual human
life and health and therefore contrary to the public good and welfare.
Accordingly, it is the policy of the Board and the purpose and intent
of this chapter to impose strict regulatory standards for control
of noise emissions within the Village and to prevent and prohibit
the generation of noise which, by reason of its character, intensity
and duration or due to the time and place of its dispersal into the
surrounding environment, would seriously threaten the rightful life,
health, comfort and repose of nearby persons; would unreasonably interfere
with the lawful use and peaceful enjoyment of neighboring property
or facilities; or would unduly disrupt and diminish the public peace,
order, safety or welfare of the general community.
For the purpose of this chapter, the words,
term and phrases used herein are defined as follows:
The average level of undifferentiated background sound perceived
in an area at any given time, exclusive of any distinguishable extraneous
sounds or noises. Statistically, the long-term residual "ambient sound"
level for an area is expressed as the L90 value, i.e., the level that
is exceeded 90% of the time.
The American National Standards Institute or its generally
recognized functional successor.
Any lawful business or commercial activity involving the
promotion, sale or utilization of goods or services, including but
not limited to the operation of commercial dining establishments,
bars, lounges and taverns, motor vehicle service and repair shops
and recreational and entertainment facilities.
The conduct of any lawful activity involving or relating
to the erection, assembly, alteration, installation, demolition, equipping
or repair of buildings or structures and their accessory improvements,
including, for the purposes of this chapter, any clearing, excavating,
blasting, earthmoving, filling, grading or landscaping of land, necessary
or incidental to the foregoing activities, whenever and wherever carried
on in the Village.
Any distinguishable sound having a timed duration of more
than two seconds.
That portion of each day which falls between the hours of
7:00 a.m. and 9:00 p.m., prevailing time.
The logarithmic term used to express, in numerical units,
the relative level (the loudness) of sound-pressure intensity as perceived
by the human ear. The difference in "decibels" of two sounds is 10
times the common logarithm of the ratio of their power levels, so
that a doubling of any sound energy produces a rise of three dB and
a rise of 10 dB represents a sound energy increase of 10 times.
The actual or anticipated onset or the ongoing continuation
of any calamity or disaster, whether natural or man-made, which exposes
or would expose any person to immediate or imminent danger of death,
physical injury or other serious harm or which exposes or would expose
any property to immediate or imminent danger of damage, destruction
or other serious harm.
The conduct of any activity reasonably required to respond
to or to actually handle any particular emergency, including the use
of authorized emergency warning devices, the deployment of emergency
response vehicles and personnel and the undertaking of emergency work,
whenever and wherever carried on.
Any ambulance, police, fire, rescue, civil defense or other
similar such vehicle, owned or operated by a federal, state or local
governmental agency or an authorized quasi-public entity, either designed
or intended for use or actually so used to respond to an emergency
or to carry out emergency work or operations.
Any mobile or stationary sound-generating device or apparatus
that is designed to be used or is actually used to transmit audible
warning of an emergency or to give audible notice of the approach
of an oncoming emergency response vehicle.
Any work or activity deemed necessary or prudent to prevent,
handle or recover from an emergency, including, for the purposes of
this chapter, any work engaged in to repair vital electric, gas, water,
sewer or telephone utility services.
Any public or private land whereon the source of generation
and emission of a sound or sounds is permanently situated or temporarily
located.
Any percussive- or impact-type sound lasting two seconds
or less which exceeds the ambient sound within an area by six dB or
more.
The intensity of sound as perceived by the average unaided
human ear, which is approximated by an A-weighted frequency response
(dBA) scale measurement made with a sound-level meter meeting the
requirements of this chapter.
The noted maximum root mean square (r.m.s.) sound-pressure
level measured at a particular time and place using a sound-level
meter which meets the requirements of this chapter.
That continuous period of time covering portions of any two
consecutive days, which falls between the hours of 9:00 p.m., prevailing
time, of the first day and 7:00 a.m., prevailing time, of the next
succeeding day.
Any sound or combination of sounds which, due to its character,
intensity and duration or the time and place of its emission and perception,
is deemed to be so unpleasant, objectionable and disturbing as to
unduly disrupt or unreasonably interfere with the peace, comfort and
repose of any one or more persons.
Any person having a legal interest in real property or a
lessee, tenant, manager or agent of such person a mortgagee or receiver
in possession of such property; and/or any person deemed to be an
actual or presumptive lawful occupant of such property or any part
or portion of the same.
Any natural person or any partnership, corporation, company,
firm, association or other legal entity whatsoever capable of suing
or being sued.
That point on and along the property line(s) of generating
land or within an area or confined space located in or upon any adjoining
or neighboring receiving land at which sound or noise emissions from
the generating land are heard and alleged or measured and determined
to be in violation of any provision of this chapter.
Any real property or any of the buildings, structures or
other improvements thereon, including any public area used or intended
for the parking or standing of any type of vehicle, which is owned
or leased by or under the control of a governmental entity or any
agency thereof.
Any public street, road, highway, alley, sidewalk, path or
other public way used or intended for use by pedestrians, bicyclists
or motor vehicles.
Any public or private lands, including the buildings, structures,
facilities and open spaces situated thereon, whereon the sound or
sounds emitted from any generating land can be heard and detected
by any person and where, when implicitly or expressly required by
any provision of this chapter, the level of such sound(s) shall be
measured to determine whether it (or they) comply with or exceed any
limits or restriction imposed by this chapter.
Refers to the time-sensitive response capacity of a sound-level
meter, generally designated as either slow or fast in conformance
with ANSI standards and specifications; the slow "response" generally
being more desirable for the measurement of continuous sounds, while
the fast "response" is more usually employed to measure sounds having
a short event, such as impulsive, explosive or impactive sounds.
Any machine, mechanism or equipment; any musical instrument;
any radio or tuner, amplifier, phonograph, CD or tape player, speaker
or similar electronic device or apparatus; or any other thing or device
either designed or intended or actually so used to produce, amplify
or reproduce any sound or sounds.
The sound-pressure level, in decibels, as measured and obtained
using a sound-level meter having an A-weighted frequency scale and
employing the appropriate slow or fast response.
An instrument, designed and used to detect and measure sound-pressure
levels in their decibel equivalents and to display that information
in either analog or digital form, which meets or exceeds all ANSI
specifications or any other standards imposed or required by the provisions
of this chapter.
That which is not required by the usual circumstances, which
is excessive or extreme when compared to the ordinary or which is
singularly unreasonable in respect to the the time, the place or the
prevailing circumstances.
When referring to a particular vehicle, machine or other
device, the normal frequency range and pressure levels of sound(s)
emitted by that particular type of device when the same is properly
maintained in a good state of repair and working order and is being
lawfully and properly used in a reasonable manner.
A.Â
Notwithstanding any other provision of this chapter
and except as may be otherwise provided in this section, it shall
be unlawful and a violation of this chapter for any person to engage
in or to cause, assist, direct, procure, induce or allow another person
to engage in any of the following enumerated acts, each of which is
hereby expressly declared a public nuisance and the conduct of which
is hereby prohibited:
(1)Â
The operation of any sound-generating device or apparatus
in such a manner or at such a volume as to generate unnecessary noise,
especially during nighttime, which annoys, disturbs, disrupts or interferes
with the peaceable and quiet comfort, rest and repose of any person
occupying any dwelling, apartment or other type of residential unit.
(2)Â
The harboring, keeping or maintaining of any animal
or bird which, by its frequent, continuous or recurrent emissions
of any loud or unnecessary noise, especially during nighttime, causes
annoyance to and disturbs or disrupts the comfort, rest and repose
of any person in the vicinity.
(3)Â
The discharge of any firearm, fireworks, explosives
or other similarly loud and unnecessarily disturbing impulsive noise
devices, except when duly licensed and properly authorized in the
interest of public safety, welfare, necessity and convenience.
(4)Â
The use or operation of any automobile, motorcycle,
truck, tractor-trailer or other motor vehicle so out of repair or
poorly maintained, so ill-equipped or unequipped, so loaded or in
such other manner as to create and emit, especially during nighttime,
any loud and unnecessary grating, grinding, rattling, banging, knocking
or other unusual noise. No such vehicle shall be permitted to idle
in place or to operate any generator of any kind for more than a five-minute
continuous period or a ten-minute aggregated intermittent period during
any one continuous hour while in a single location. For purposes of
this section, a single location shall be defined as an area at curbside
or otherwise and any physical point or place within a one-hundred-foot
radius thereof.
[Amended 7-16-2002 by L.L. No. 3-2002]
(5)Â
The discharge into the open air of the exhaust from
any steam engine, any stationary internal-combustion engine or the
engine of any gasoline-, diesel- or other liquid-fuel-powered tool,
equipment or device, except through an approved muffler or other noise-baffling
medium which effectively prevents the unnecessary release or emission
of loud and disturbing noises therefrom.
(6)Â
The blowing of any steam whistle or air horn attached
to a stationary device, except briefly to give notice of the time
to begin or stop work or except as may be reasonably required to give
warning of actual or impending danger or emergency.
(7)Â
The creation of any relatively loud or excessive noise,
especially during nighttime, in connection with the loading or unloading
of any vehicle or the handling, transport, distribution or storage
of any packages, boxes, crates, containers, bales or pallets.
(8)Â
The construction of any building, structure or accessory
improvement, including but not limited to excavation, demolition,
construction work, painting and the installation of equipment upon
any public or private land at any time on Sundays and legal holidays
or other than between the hours of 7:00 a.m. and 7:00 p.m., prevailing
time, on any other day of the week, except in cases of urgent necessity
in the interest of public safety and then only with a special permit
issued by the Village Building Department, which permit may be issued
or renewed for a period of three days or fewer while the emergency
continues.
[Amended 12-18-2007 by L.L. No. 15-2007]
(9)Â
The shouting or crying out of peddlers, hawkers and
other vendors of goods, wares or services which disturbs the peace
and quiet of any neighborhood or disrupts or interferes with the comfort,
rest or repose of any person or persons in the vicinity thereof.
(10)Â
The use of any stationary or mobile sound-generating
device or apparatus either in, on or within 50 feet of the boundary
line of any public street, park or place or any residence district
for the purpose of advertising, promoting or otherwise attracting
attention to any commercial operation, any sale or display of merchandise
or goods or any fair, carnival, circus, show or other exposition,
except where and when such activity has been specifically authorized
in the interest of public necessity or convenience by special permit
from the Board of Trustees.
(11)Â
The sounding of any horn or audible signal device
on any automobile, bus, motorcycle, truck, streetcar or other vehicle
except as a warning signal pursuant to the provisions of Vehicle and
Traffic Law of the State of New York.
(12)Â
The operation of any machinery, equipment, pump, intake
or exhaust fan, air-conditioning apparatus, heating or refrigeration
equipment or similar mechanical device in such a manner as to create
any sound or combination of sounds exceeding 40 decibels at any point
on the property line of the land on which such noise is generated.
(13)Â
Allowing or permitting, while the owner or occupant
of any land, the sound from any burglar, water-flow or fire alarm
located on that land to be emitted beyond the property lines of that
land for a continuous period of more than 15 minutes.
(14)Â
Allowing or permitting, while the owner, occupant
or operator of any vehicle that is parked or standing, the sound from
any burglar or other alarm located on that vehicle to be emitted beyond
a radius of five feet from that vehicle for a continuous period of
more than five minutes.
B.Â
The provisions of Subsection A of this section shall not apply to nor constitute any legal constraint against the officers, employees or other lawful agents of any federal, state or local government or any agency, bureau, department, board or commission thereof, when carrying on or performing any governmental operation, activity, function or duty or while engaged or assisting in any emergency work or operations; nor shall the same apply to nor be deemed to constrain any public utility when reasonably carrying out the operations of its franchise.
It shall be unlawful and a violation of this
chapter for any person to install, maintain or use any audible burglar,
fire or other alarm that is not provided with a device that will automatically
and effectively shut off such alarm within 15 minutes of its initial
setoff when the same is located on any land or buildings and within
five minutes of its initial setoff when the same is located on any
vehicle.
A.Â
Sound-measuring equipment. Enforcement of the provisions
of this section shall be effected and of any other provision of this
chapter may be effected using a sound-level meter or its equivalent
which meets or exceeds the requirements of ANSI § 1.4-1983,
Type 2, standards and specifications, and which has a dynamic range
and A-weighted frequency response (fast and slow) consistent with
ANSI requirements the measurements being taken. All sound-level meters
meeting the foregoing requirements shall be calibrated on a regular
periodic basis using a calibrator properly fitted to the instrument
being employed, which is traceable to National Bureau of Standards
criteria, and which has an accuracy of plus or minus 0.5 dB or better.
B.Â
Noise level standards. It shall be unlawful and a
violation of this chapter for any person, including the owner or occupant
of any generating land, to cause or allow or to permit, direct, employ
or assist another to cause or allow any sound or sounds to be emitted
which exceed the decibel levels for a designated land use category
as set forth in the following tables, when measured at a point of
complaint located either on or within the property lines of any particular
receiving land of a type covered or described by that designated category*:
|
TABLE I: Continuous Sound
(Maximum Sound Level in dBA/Slow Response)
| |||
|---|---|---|---|
|
Receiving Land Use Category
|
Daytime
(dB)
|
Nighttime
(dB)
| |
|
All residential districts
|
50
|
40
| |
|
All business and commercial districts
|
65
|
55
| |
|
All industrial districts
|
70
|
60
| |
|
TABLE II: Impulsive Sound
(Maximum Sound Level in dBA/Fast Response)**
| |||
|---|---|---|---|
|
Receiving Land Use Category
|
Daytime
(dB)
|
Nighttime
(dB)
| |
|
All residence districts
|
60
|
50
| |
|
All business and commercial districts
|
75
|
60
| |
|
All industrial districts
|
90
|
70
| |
|
NOTES:
| |
|---|---|
|
* Category designations refer to the zoning districts as shown on the official Village Zoning and Planning Map adopted pursuant to the provisions of Chapter 195 of the Code of the Village of New Hyde Park
| |
|
** The following adjustments in the maximum
sound level of impulsive sound shall be made for each category when
and if the stated circumstances shall apply:
|
|
Repetitions per Hour
|
Deduct
(dB)
| |
|---|---|---|
|
3 to 10
|
2
| |
|
11 to 20
|
4
| |
|
21 to 60
|
6
| |
|
Over 60
|
8
|
C.Â
Adjustment of table sound levels for other conditions.
In the event that the level of ambient sound detected and measured
at a particular location shall exceed the applicable maximum sound
level prescribed for that location under one of the tables in the
preceding subsection, then the following maximum sound levels shall
apply in lieu of the prescribed table level for and during the stated
time of day:
(1)Â
For Table I: continuous sound which exceeds the ambient
sound level by 10 dB or more during the daytime or by five dB or more
during the nighttime.
(2)Â
For Table II: impulsive sound which exceeds the ambient
sound level by 20 dB or more during the daytime or by 10 dB or more
during the nighttime.
D.Â
Exceptions. None of the preceding provisions of this
section shall apply to or constitute any legal restraint against the
officers, employees or other lawful agents of any federal, state or
local government or any agency, bureau, department, board or commission
thereof, when carrying on or performing any governmental operation,
activity, function or duty of any nature or kind or while engaged
in or assisting in any emergency work or operations; nor shall the
same apply to nor be deemed to constrain any public utility when reasonably
carrying out the operations of its franchise.
Any person, association, firm or corporation
which violates any provision of this chapter or assists in the violation
of any provision of this chapter shall be guilty of a violation of
this chapter only and shall be punishable as follows:
A.Â
By a fine of not more than $1,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of a first
offense.
B.Â
By a fine of not more than $3,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of a second
offense, provided the first and second offenses were committed within
a period of five years of each other.
C.Â
By a fine of not more than $5,000 or by imprisonment
for a period not to exceed 15 days, or both, for conviction of the
third or subsequent offense or a series of offenses, all of which
were committed within a period of five years.
[1]
Editor's Note: This local law also provided
that it would take effect 12-1-1999.
In the event that any clause, sentence, paragraph,
subdivision, section or other 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 specific clause, sentence,
paragraph, subsection, section or other part of this chapter directly
involved in the action or proceeding in which such judgment shall
have been rendered.
