This chapter shall be known and may be cited
as the "Town of Colonie Noise Control Local Law."
[Amended 7-16-2009 by L.L. No. 7-2009]
It is hereby declared that the public policy
of the Town is to reduce the ambient noise level in the Town, so as
to preserve, protect and promote the public health, safety and welfare,
and the peace and quiet of the inhabitants of the Town, prevent injury
to human and animal life and property, foster the convenience and
comfort of its inhabitants, and facilitate the enjoyment of the natural
attractions of the Town. It is the public policy of the Town that
every person is entitled to ambient noise levels that are not detrimental
to life, health and enjoyment of his or her property. It is hereby
declared that the making, creation or maintenance of excessive or
unreasonable noises within the Town affects and is a menace to public
health, comfort, convenience, safety, welfare and the prosperity of
the people of the Town. The provisions and prohibitions hereinafter
contained and enacted are for the above-mentioned purpose.
This chapter shall be liberally construed so
as to effectuate the purposes described in this chapter. Nothing herein
shall abridge the powers and responsibilities of any police department
or law enforcement agency to enforce the provisions of this chapter.
Nothing herein shall be construed to abridge the emergency powers
of any health department or the right of such department to engage
in any necessary or proper activities.
[Amended 7-16-2009 by L.L. No. 7-2009]
As used in this chapter, the following terms shall have the
meanings indicated:
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting frequency response, which provides
the meter with a sensitivity to noise levels that is similar to that
of the average human ear.
Any property that is primarily used for retail or wholesale
trade or furnishing services for sale or profit, including but not
limited to:
Dining and/or drinking establishments;
Banking or other financial institutions;
Establishments for providing retail goods or services;
Establishments for providing wholesale goods or services;
Establishments for recreation and entertainment;
Office buildings; and
Hotels and/or motels.
Any activity necessary or incidental to the erection, demolition,
assembly, alteration, installation or equipment of buildings, public
or private highways, roads, premises, parks, utility lanes or other
property, including but not limited to land clearing, grading, earthmoving,
excavating, blasting, filling and landscaping, but not including agriculture
or ice and snow removal.
The abbreviation designating the unit of sound level as measured
by a sound level meter using A-weighting.
The practical unit of measurement for sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated "dB."
Any dismantling, intentional destruction, or removal of buildings
or structures.
A single unit within a building providing complete independent
living facilities for one or more persons, including permanent provisions
for living, sleeping, eating, cooking and sanitation, and having only
one kitchen.
Any occurrence or circumstances involving actual or imminent
physical or property damage which demands immediate action.
Any work or action necessary to deliver essential service,
including, but not limited to, repairing water, gas, electricity,
telephone, sewer facilities, or public transportation facilities,
removing fallen trees on public rights-of-way, dredging of waterways
or abating life-threatening conditions.
The number of sound pressure oscillations per second, expressed
in hertz; abbreviated "Hz."
Sound characterized by either a single pressure peak or a
single burst (multiple pressure peaks) having a duration of less than
one second.
Property that is primarily used for manufacturing and processing
operations, which may include exterior or interior storage of goods,
materials, and/or finished products, and showrooms for the sale of
finished products, or for storage and distribution of goods, wares,
merchandise, substances or articles, excluding wholesale or retail
sales.
Any building in which there are two or more dwelling units.
Any sounds of such level and duration as to be or tend to
be injurious to human health or welfare or which would unreasonably
interfere with the enjoyment of life or property throughout the Town.
Any sound which:
Any street, avenue, boulevard, road, highway, sidewalk, alley
or boardwalk that is leased, owned or controlled by a governmental
entity, no matter how designated.
Any facility and its related premises, property, or equipment
used to provide governmental services to the public, including, but
not limited to:
Any facility and its related premises, property, or equipment
used to provide industrial governmental services to the public, including,
but not limited to:
Any real property or structures thereon that are owned, leased,
or controlled by a governmental entity.
Either:
A line of record, including its vertical extension, that bounds
a parcel of real property and separates one parcel of real property
from another or from a street or any other public space; or
The vertical and horizontal boundaries of a dwelling unit that
is within a multi-dwelling unit building.
A motor vehicle designed or used to compact and remove, collect,
or transport refuse, solid waste or recyclables.
Property used for human habitation.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter, in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
The weighted sound pressure level obtained by the use of
a sound level meter and frequency weighting network, such as A, B,
or C, as specified in American National Standards Institute (ANSI)
specifications for sound level meters. If the frequency weighting
employed is not indicated, the A-weighting shall apply.
Any instrument, including a microphone, amplifier, an output
meter and frequency weighting networks for the measurement of noise
and sound levels in a specific manner and which complies with standards
established by the American National Standards Institute (ANSI) specifications
for sound level meters.
The level of a sound measured in dB units with a sound level
meter which has a uniform ("flat") response over the band of frequencies
measured.
Any person, animal, device, operation, process, activity,
or phenomenon which emits or causes sound.
An oscillatory motion of solid bodies of deterministic or
random natures described by displacement, velocity or acceleration
with respect to a given reference point.
