The Village of Ossining recognizes that excessive
noise is detrimental to the public health, safety and welfare and
is inimical to the predominantly residential character of the Village.
The creation of any unreasonably loud, disturbing or unnecessary noise
is hereby prohibited.
As used in this chapter, the following terms
shall have the meaning indicated:
GASOLINE-POWERED LEAF BLOWER
Portable, handheld or backpack style power equipment that
is powered by gasoline and used in any landscape maintenance, construction,
property repair, or property maintenance for the purpose of blowing,
moving, removing, dispersing, vacuuming or redistributing leaves,
dust, dirt, grass clippings, cuttings and trimmings from trees and
shrubs or any other type of litter or debris.
[Added 12-20-2017 by L.L.
No. 8-2017]
HOLIDAYS
Those days recognized as holidays by New York State.
PERMANENT EMERGENCY GENERATOR
An outdoor device that is permanently mounted to a foundation,
slab or other permanent supporting fixture designed to be used as
a temporary generator of electricity for residential and/or commercial
property when the electricity furnished to that property is temporarily
disrupted.
[Added 12-20-2017 by L.L.
No. 8-2017]
REPETITIVE SOUND
A nonconstant sound which recurs with some degree of regularity.
SOUND LEVEL
The sound-pressure level measured in decibels with a sound-level
meter set to A-weighting; expressed in dB(A).
SOUND-LEVEL METER
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under ANSI Specifications S1.4-1971
or the latest approved revision thereof.
SOUND-PRODUCTION DEVICE
Any 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-producing or sound-amplifying equipment.
UNREASONABLY INTRUSIVE
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.
No person shall operate or permit to be operated
in the Village of Ossining 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 sounds 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 or, in the case of multifamily housing,
the dwelling unit of the parcel in or on which such noise is received,
except where otherwise specified.
A. Customary residential activities. Customary residential activities on properties within any residential zoning district, including social gatherings, deliveries of home heating oil, and pickup of residential garbage, shall not be regulated by this chapter except for specific activities or noise sources that are subject to and governed by §§
178-4 and
178-5.
B. Other activities within Residential Zones. Sound produced by other activities on properties within any residential zoning district shall not exceed a sound level of 65 dB(A) during the hours of 6:30 a.m. to 9:00 p.m. and 45 dB(A) during the hours of 9:00 p.m. and 6:30 a.m. on Mondays through Saturdays and 9:00 a.m. to 9:00 p.m. on Sundays, unless otherwise permitted in §
178-5.
C. Other activities within nonresidential zones. Sound produced by other activities on properties within any nonresidential zoning district shall not exceed a sound level of 70 dB(A) during the hours of 6:30 a.m. to 9:00 p.m. or 55 dB(A) during the hours of 9:00 p.m. to 6:30 a.m. on Mondays through Saturdays and until 9:00 a.m. on Sundays and holidays, unless otherwise permitted in §
178-5.
Upon the trial of any person charged with creating unreasonably loud, disturbing and unnecessary noise in violation of this chapter, the court may admit evidence of sound-pressure levels in decibels as shown by a standard calibrated sound meter. For the purpose of this section, evidence that noise exceeding the maximum sound-pressure levels in decibels, as provided in §
178-3 hereof may be admitted as prima facie evidence that the noise was unreasonably loud, disturbing and unnecessary.