[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 6-20-2007 by L.L. No. 11-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 57.
Mass public assemblies — See Ch. 60.
Peddling and soliciting — See Ch. 151.
Zoning — See Ch. 210.
[1]
Editor's Note: This local law also repealed
former Ch. 139, Noise, adopted 9-21-1983 (Part II, Ch. 11, Art. IV,
of the 1964 Code), as amended.
The proliferation of unreasonably loud noises
in the Town of such character, intensity, duration or repetition as
to be detrimental to the life, health or safety of any individual
or of the public has reached such proportions that the Town Board,
pursuant to the authority of § 130 of the Town Law of the
State of New York and New York Constitution, Articles IX and II, to
preserve, protect and promote the public health, safety and welfare,
has adopted a noise control ordinance which, pursuant to the standards
hereinafter set forth, shall delineate permitted noise levels within
the town.
For the purposes of this chapter, the terms
used herein shall be defined as follows:
The American National Standards Institute or its successor
bodies.
The frequency-weighted sound pressure level (in decibels)
measured on a sound-level meter with an A-weighted scale as specified
in the American National Standards Institute (ANSI) specifications
for sound-level meters S1.4-1983 (R2006)/ANSI S1.4a-1985 (R2006).
A unit for measuring the volume of sound equal to 20 times
the logarithm to the base of 10 of the ratio of the pressure of the
sound measured to the reference pressure which is 20 micropascals
(20 micronewtons per square meter).
A public calamity or the exposure of any person or property
to imminent danger.
Work or activity that is necessary to prevent or recover
from an emergency, including but not limited to work to repair electric,
gas, water, sewerage and telephone services.
The A-weighted sound level measured with slow response that
is exceeded 10% of the time.
The A-weighted sound level measured with slow response that
is exceeded 50% of the time.
The A-weighted sound level measured with slow response that
is exceeded 90% of the time.
The logarithm of the ratio of a quantity to a reference of
the same kind. The base of the logarithm is 10. The kind of level
and the reference must be specified.
Bursts of sound usually less than one second's duration,
for example, explosions and gunshots, which significantly exceed the
ambient sound level of the areas.
A sound of short duration punctuated by pauses of indefinite
duration; for example, a power saw.
Any person who has regular control of a device or site, including
but not limited to the owner of a freehold of the premises or lesser
estate therein or mortgagees thereof or an agent or lessee of such
person.
Any individual, partnership, company, public or private corporation,
association, firm, organization, political subdivision, governmental
agency, administration or department, municipality, trust, estate,
group of individuals or any other legal entity whatsoever.
Any vehicle which is propelled by any power other than muscular
power that is designated for or capable of cross-country travel, such
as a motorcycle, trail bike or minibike, but not a snowmobile. A recreational
vehicle is also classed as a motor vehicle when such recreational
vehicle is operated or driven upon a public highway.
Any vehicle which is designated to be used or is actually
used to compact and transfer refuse, garbage or trash.
Any self-propelled vehicle designed for travel on snow or
ice, steered by skis or runners and supported in whole or part by
one or more skis, belts or cleats.
The quantity in decibels measured by a sound-level meter
satisfying the requirements of American National Standards Institute
Specification for Sound-Level Meters S1.4-1983 (R2006)/ANSI S1.4a-1985
(R2006). This publication is available from the American National
Standards Institute, Inc.'s webstore at www.webstore.ansi.org or by
calling customer service at (212) 642-4900 for the name of a hard
copy or compact disc reseller. "Sound level" is the frequency-weighted
sound pressure level obtained with the standardized dynamic characteristic
"fast" or "slow" and weighting A, B or C; unless indicated otherwise,
the A-weighting with a slow response is understood.
An instrument including a microphone, an amplifier, an output
meter and frequency weighing network for the measurement of sound
levels. Sound-level meters shall conform to the requirements of ANSI
specifications for sound-level meters S1.4-1983 (R2006)/ANSI S1.4a-1985
(R2006), Type 1 or Type 2.
Twenty times the logarithm to the base 10 of the ratio of
the root mean squared pressure of a sound to a reference pressure
of 20 micropascals. The unit applied to this measure shall be the
decibel (dB).
The Town of Poughkeepsie, situated within the County of Dutchess
and State of New York.
Any excessive or unusually loud sound which
injures or endangers the repose, health, peace or safety of a reasonable
person or which causes injury to animal life or damages to a person's
property or business.
The factors which will be used to determine
that noise is unreasonable to a reasonable person are:
The noise occurs at night between 10:00 p.m.
and 7:00 a.m., rather than during the day;
The source of the sound is permanent, rather
than temporary;
The noise is of a periodic or impulsive character,
rather than continual and steady;
The noise intrudes into a residential district
or an area with sleeping facilities, including residences, apartments,
motels, hotels or college dormitories;
The duration of the noise is prolonged, rather
than short;
The noise is reoccurring on an intermittent
basis, rather than continual and steady;
The noise is louder and more intense than the
volume and intensity of the background noise in the area; and
The noise in unnatural, rather than sound normally
occurring in nature.
Unreasonable noise emanating from private property
shall be measured or determined at the adjoining property line or,
in the case of a multiple residence, within the adjoining or adjacent
apartment or hallway. Unreasonable noise emanating from public property
shall be measured or determined at a distance of 50 feet or more from
the sound source, at the adjoining property line or, in the case of
a multiple residence, within the adjoining or adjacent apartment or
hallway, whichever is closer.
The zoning district within which a particular premises is
situated shall be as indicated by the Zoning Ordinance of the Town
then in effect.[1]
No person shall make or continue or cause or permit to be made or continued any unreasonable noise. Noncommercial public speaking and public assembly activities conducted in any public space shall be exempt from the operation of this section. While decibel readings provide presumptive evidence of unreasonable noise pursuant to § 139-5C, a decibel reading is not required to prove a violation of this chapter.
The following acts and the causing thereof are
declared to be in violation of this chapter:
A.
Drums. The playing or the permitting of playing a
drum or drum set between the hours of 10:00 p.m. and 7:00 a.m. in
a manner so as to create unreasonable noise.
B.
Building construction. Operating or permitting the
operation of any tool or equipment used in construction, drilling
or demolition work, including excavation, and the alteration or repair
of any building between the hours of 10:00 p.m. and 7:00 a.m., except
in the case of an emergency or the interests of public safety and
then only with the permit of the Building Inspector, which permit
may be issued for a maximum period of three days and may be renewed
once for a maximum period of three days during the existence of the
emergency period.
C.
Refuse compacting. The operation of a refuse compacting
vehicle in the process of compacting or collecting refuse contained
in a dumpster or similar receptacle between the hours of 10:00 p.m.
and 7:00 a.m. or the operation of a refuse compacting vehicle in the
process of compacting or collecting refuse contained in individual
garbage cans between the hours of 10:00 p.m. and 7:00 a.m.
D.
Amplified sound. The using, operating of or permitting
to be used or operated any device for producing, reproducing or amplifying
sound, including, but not limited to, a radio, tape player, compact
disc player, digital video disc player, or television, in such a manner
so as to create unreasonable noise.
E.
Horns and signaling devices. The sounding of any horn,
signaling device or alarm (except as a danger warning, pursuant to
§ 375 of the Vehicle and Traffic Law of the State of New
York) so as to create unreasonable noise.
F.
Shouting and yelling. Shouting, yelling, singing,
calling, hooting or whistling so as to create unreasonable noise.
G.
Fraternities and sororities, private clubs, meeting
halls and private residences. Noise from parties, entertainment, music
or social gatherings of any kind, whether public or private, which
creates unreasonable noise.
H.
Engines. The operation, including the stationary idling,
of any engine, including, but not limited to, an automobile, truck,
motorcycle, motorbike, motorboat or minibike engine, so as to create
unreasonable noise.
I.
Heavy equipment. The operation of any pile driver, bulldozer, pneumatic
hammer, grinder or other construction equipment which creates unreasonable
noise, except between 7:00 a.m. and 8:00 p.m. on weekdays, and between
10:00 a.m. and 6:00 p.m. Saturdays, except as may otherwise be permitted
by the Building Inspector in cases of urgent necessity in the interest
of public safety. The operation or use of such heavy equipment on
Sundays and legal holidays is prohibited.
[Amended 10-1-2014 by L.L. No. 16-2014]
J.
Machinery. The operation of any machinery, equipment,
pump, fan, air-conditioning apparatus or other mechanical device in
such a manner as to create unreasonable noise.
K.
Loading and unloading. The loading or unloading of
any materials, equipment, or the handling of bales, boxes, crates,
containers or similar objects so as to create unreasonable noise.
L.
Domestic animals. Barking, squawking, whining, howling,
neighing or other sounds of domestic animals that occur so as to create
unreasonable noise.
M.
Explosives, firearms and similar devices. The use
or firing of explosives, firearms or similar devices so as to create
unreasonable noise. The lawful use of firearms for hunting or at a
firing range or at a gun club shall not constitute a violation of
this chapter.
N.
Vibration. The operating or permitting the operation
of any device that creates vibration which is above the vibration
perception threshold of an individual beyond the property where the
source is located. For the purposes of this section, "vibration perception
threshold" means the minimum ground- or structure-borne vibrational
motion necessary to cause a normal person to be aware of the vibration
by such direct means as, but not limited to, sensation by touch or
visual observation of moving objects.
O.
Recreational vehicles. The operation of any recreational
vehicle off a public highway at any time, at any speed or under any
condition of grade, load, acceleration or deceleration or in any manner
whatsoever as to exceed 92 dBA. The limit shall apply at a distance
of 50 feet from such recreational vehicle. All measurements will be
made on the A-weighted sound level of a sound-level meter with a slow
response.
P.
Snowmobiles. The operation of any snowmobile at any
time, at any speed or under any condition or grade, load, acceleration
or deceleration or in any manner whatsoever so as to exceed 92 dBA.
The limit shall apply at a distance of 50 feet from such snowmobile.
All measurements will be made on the A-weighted sound level of a sound-level
meter with a slow response.
Q.
Air-conditioning and air-handling devices.
(1)
Except as provided by Subsection Q(4) of this section, the operation of an air-conditioning or air-handling device that exceeds the maximum sound-level limitations provided in this section. All measurements will be made on the A-weighted sound level of a sound-level meter with a slow response.
(3)
In areas zoned for multiple dwellings or apartments,
continuous sound shall not exceed 50 dBA outside any living area window
with the microphone not more than three feet from the window opening.
(4)
The provisions of this section shall not apply if
the sound from the air-conditioner or air-handling device produces
less than a five-decibel increase on the sound level that exists in
the absence of such sound.
R.
Places of public entertainment. The operation of a
place of public entertainment, including but not limited to a restaurant,
bar, cafe, discotheque or dance hall, in which the sound level is
equal to or exceeds 95 dBA sustained for more than 30 seconds measured
at the location of the spectators. All measurements will be made on
the A-weighted sound level of a sound-level meter with a slow response.
A.
It shall be prima facie evidence that an act is in
violation of this chapter when noise caused by and/or emanating from
parties, entertainment, music or social gatherings of any kind, whether
public or private, indoors or outdoors, can be heard inside any dwelling
unit that is not the location of the source of the noise, where all
exterior doors and windows of said dwelling unit are closed.
B.
The use of any sound-producing, sound-reproducing
or sound-amplifying device, machinery, domestic equipment, heavy equipment
or engine so as to cause the sound produced thereby to be audible
outside the building or beyond the boundary of the real property where
it originates, between the hours of 10:00 p.m. and 7:00 a.m. the following
day, shall be prima facie evidence of a violation of this chapter.
C.
It shall be prima facie evidence that an act is in
violation of this chapter when a sound-level meter indicates that
the decibel level of a particular activity is in excess of 60 dBA
between the hours of 7:00 a.m. and 9:00 p.m. and 50 dBA between the
hours of 9:00 p.m. and 7:00 a.m. measured at a distance of 50 feet
from the source of the noise. All measurements will be made on the
A-weighted sound level of a sound-level meter with a slow response.
The following sounds shall not be deemed to
be in violation of this chapter:
A.
Sounds created by church bells or chimes;
B.
Sounds created by any government agency or its agents,
including but not limited to the use of an emergency warning device
or authorized emergency vehicle;
C.
Sounds created by lawn mowers with functioning mufflers
and in good working order and home power tools in good working order
in use between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
Saturdays and 10:00 a.m. and 8:00 p.m. on Sundays and holidays;
D.
Sounds created by public utilities in carrying out
the operations of their franchise;
E.
Sounds connected with sporting events of any public
or private school or an authorized carnival, fair, exhibition, parade,
etc., authorized by permit of the Town Board;
F.
The sounds created by crop cultivation, production,
harvesting and livestock production;
G.
Sounds created by safety and protective devices used
for their intended purpose;
H.
Sounds created by snow removal equipment in good working
order;
I.
Sounds which are authorized as exempt from this chapter
by resolution of the Town Board because said noise, although otherwise
causing unreasonable noise, is part of a public works project, where
the general health, safety and welfare of the citizenry of the Town
of Poughkeepsie is concerned.
J.
Sounds which are authorized as exempt from this chapter by resolution
of the Town Board because said noise, although otherwise causing unreasonable
noise, would be generated from a non public-works project where the
Town Board, for good cause shown, has determined that such waiver
would be protective of the general health, safety and welfare of the
citizenry of the Town of Poughkeepsie. However, should noise become
a problem, the Town Board may rescind or modify the waiver. This subparagraph
shall be effective until April 30, 2016.
[Added 4-1-2015 by L.L. No. 1-2015]
[Added 9-20-2017 by L.L. No. 17-2017[1]]
Nothing in this chapter shall supersede federal laws and regulations
governing noise emission standards for motor carriers engaged in interstate
commerce.
[Added 9-20-2017 by L.L. No. 17-2017]
Nothing in this chapter shall supersede federal laws and regulations
governing noise emissions from barges and/or vessels operating on
the navigable waters of the state; provided, however, that all noise
emanating from vessels and/or barges operating on the navigable waters
of the state shall be of no greater decibel levels than those permitted
to emanate from motor carriers under this chapter when measured from
the adjacent property line. Decibel level measurements of vessel and
barge noise emissions shall, however, not be measured from a property
line under or adjacent to the navigable waters of the state, but rather
shall be measured from the nearest upland property line.
A.
It shall be the duty of the Town of Poughkeepsie Police
Department and the Zoning Administrator and any duly authorized deputy
zoning administrator of the Town of Poughkeepsie to enforce the provisions
of this chapter.
B.
Appearance tickets. Town of Poughkeepsie police officers
and the Zoning Administrator and any duly authorized deputy zoning
administrator are authorized to issue appearance tickets as defined
in § 150.10 of the Criminal Procedure Law for any violation
of this chapter.
[Amended 10-3-2007 by L.L. No. 21-2007; 6-3-2009 by L.L. No. 22-2009]
A.
Fines.
(1)
The
first violation of this chapter shall be punished by a fine of up
to $1,000.
(2)
The
second violation of this chapter, within 12 months after the first
violation, shall be punished by a fine of not less than $1,000 and
up to $1,500.
(3)
Further
violations within 12 months after the last violation shall be punished
by a fine of not less than $1,500 and up to $2,500.
B.
Each such
act which either continues or is repeated more than 1/2 hour after
issuance of written notice of violation of this chapter shall be a
separate offense and shall be prosecuted as a separate offense.
C.
If the
violation occurs on the premises of rental property which is occupied
by someone other than the owner, then the owner must also be notified
in writing that the violation has occurred, within five business days
of said violation, except that failure to provide such notice shall
not affect the prosecution of the person or persons charged with said
violation.
D.
In addition
to any other remedies set forth herein authorizing the Town to enforce
the provisions of this chapter, establishing penalties, and setting
forth additional remedies, the person charged with the responsibility
to enforce the provisions of this chapter may impose a civil fine
or agree to a civil fine not to exceed $1,000 per day for each day
of the violation. If said civil fine is imposed, then the alleged
violator may appeal to the Town Board of the Town of Poughkeepsie.
