[HISTORY: Adopted by the Common Council of
the City of Kingston as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-2-1992 by L.L. No. 1-1992, approved
6-17-1992[1] (Ch. 79 of the 1984 Code)]
[1]
Editor's Note: This local law repealed former
Ch. 79, adopted 2-6-1990 as L.L. No. 3-1990, approved 2-21-1990.
This article shall be known as the "Noise Control
Law of the City of Kingston."
A.
Terminology. All terminology used in this article,
not defined below, shall be in conformance with applicable publications
of the American National Standards Institute (ANSI) or its successor
body.
B.
A-WEIGHTED SOUND LEVEL
COMMERCIAL AREA
COMMERCIAL PROPERTY
CONSTRUCTION
CONTINUOUS SOUND
CYCLICALLY VARYING SOUND
DECIBEL (dB)
DEMOLITION
EMERGENCY
EMERGENCY WORK
IMPULSIVE SOURCE
INDUSTRIAL PROPERTY
MOTOR VEHICLE
MUFFLER
NOISE
NOISE CONTROL OFFICER
NOISE DISTURBANCE
PERSON
PLAINLY AUDIBLE SOUND
POWERED MODEL VEHICLE
PROPERTY BOUNDARY
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
RESIDENTIAL AREA
RESIDENTIAL PROPERTY
RMS SOUND PRESSURE
SOUND
SOUND LEVEL
SOUND LEVEL METER
SOUND PRESSURE
SOUND PRESSURE LEVEL
VIBRATION
WEEKDAY
As used in this article, the following terms shall
have the meanings indicated:
The sound pressure level in decibels as measured on a sound
level meter using the A-Weighting Network as specified in the American
National Standards Institute specifications for sound level meters
(ANSI as 14-1971, or the latest approved revision thereof). The level
so read is postscripted dBA.
A group of commercial properties in the abutting public rights-of-way
and public spaces.
Any facility or property used for activities involving furnishing
or handling of goods or services, including but not limited to:
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, but excluding demolition for or of public
or private rights-of-way, structures, utilities or similar property.
Any sound which is not an impulse sound.
Any sound which varies in sound levels such that the same
level is obtained repetitively at reasonably uniform intervals of
time less than 10 minutes in length.
A unit for measuring the volume of sound, equal to 20 times
the logarithm to base 10 of the ratio of the pressure of the sound
measured to the reference pressure which is 20 micropascals (20 micro-newtons
per square meter).
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
Any source of sound or vibration of short duration, usually
less than one second, with an abrupt onset and rapid decay, which
significantly exceeds an eminent noise. Examples of such source include
explosions and impacts.
Any facility or property used for activities involving the
production, fabrication, packaging, storage, warehousing, shipping
or distribution of goods; and the production, transformation and storage
of energy in all forms.
Any vehicle which is propelled or drawn on land by a motor
or engine, such as, but not limited to, passenger cars, trucks, truck-trailers,
semitrailers, campers, go-carts, snowmobiles, amphibious crafts on
land, dune buggies, racing vehicles and any other vehicle as defined
in the Vehicle and Traffic Law of the State of New York.
Any device for the abatement of sound emission while permitting
the transfer of a gas, such as air.
Any sound which annoys or disturbs humans, or which causes,
or tends to cause, an adverse psychological or physiological effect
on humans.
Any member of the City of Kingston Police Department.
Any sound which
[Amended 12-16-1999 by L.L. No. 2-2000, approved
1-3-2000]
Any individual, association, partnership or corporation or
society or joint-stock company, and includes any officer, employee,
department, agency or instrumentality of a state or any political
subdivision of a state.
Any sound for which the information content of that sound
is unambiguously communicated to the listener, such as, but not limited
to, understandable spoken speech, comprehension of whether a voice
is raised or normal or comprehension of musical rhythms.
Any self-propelled airborne, waterborne or landborne plane,
vessel or vehicle which is not designed to carry persons, including
but not limited to any model airplane or boat, car or rocket.
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 in a multi-dwelling unit
building.
Any street or avenue, boulevard, highway, sidewalk or alley
or similar place that is owned or controlled by a governmental entity.
Any real property or structures thereon which are owned or
controlled by a governmental entity.
A group of residential properties and the abutting public
right-of-way and public spaces.
Any property used for human habitation.
The square foot of the time averaged square of the sound
pressure.
A temporal and spatial oscillation in pressure, or other
physical quantity, in a medium with internal forces which causes compression
and rarefaction of that medium, in which propagates a finite speed
to distant points.
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 the American National Standards Institute Specifications
for sound level meters (ANSI S1.4, 1983 ASA 47-1983 or the latest
approved revision thereof) and fast time weighting shall apply. If
the frequency weighting employed is not indicated, the A-weighting
shall apply.
An instrument, including a microphone, amplifier, RMF detector
and integrator or time averager, output meter and weighting networks,
that is sensitive to pressure fluctuations. The output meters read
sound pressure level when properly calibrated and the instrument is
of Type 2 or better as specified in the American National Standards
Institute's specifications for sound level meters (ANSI S1.4-1971,
or the latest approved revision thereof).
The instantaneous difference between the actual pressure
and the average or barometric pressure at a given point in space due
to sound.
Twenty times the logarithm to the base 10 of the ratio of
the RMS sound pressure to the reference pressure which shall be 20
micropascals.
A temporal and spatial oscillation of displacement, velocity
or acceleration in a solid material.
Any Monday through Friday which is not a legal holiday.
A.
The noise control program established by this article
shall be administered by the city's Police Department.
B.
Power of the City of Kingston Police Department under
this article. In order to implement and enforce this article and for
the general purpose of sound and vibration abatement and control,
the Police Department shall have, in addition to any other authority
vested in it, the power to:
(1)
Coordination and cooperation. Coordinate the noise
and vibration control activities of all municipal departments; cooperate
to the extent practical with all appropriate state and federal agencies;
cooperate or combine to the extent practical with appropriate county
and municipal agencies; enter into contracts with the approval of
the Common Council for the provision of technical and enforcement
services; review public and private projects, subject to mandatory
review or approval by other departments of the city, for compliance
with this article, if such projects are likely to cause sound vibration
in violation of this article; and conduct inspections as follows.
(2)
Inspections.
(a)
Upon presentation of proper credentials, enter
and inspect any private property or place, and inspect any report
or records at any reasonable time when granted permission by the owner,
or some other person with apparent authority to act for the owner.
When permission is refused or cannot be obtained, a search warrant
may be obtained from a court of competent jurisdiction showing probable
cause to believe that a violation of this article may exist. Such
inspection may include administration of any necessary tests.
(b)
Stop any motor vehicle, motorcycle or motor
boat operated on a public right-of-way, public space or public waterway
reasonably suspected of violating any provision of this article and
issuing a notice of violation or abatement order which may require
the motor vehicle, motorcycle or motor boat to be inspected or tested
as the Police Department may reasonably prescribe.
(3)
Records. Require the owner or operator of any commercial
or industrial activity to establish and maintain records and make
such reports as the Police Department may reasonably prescribe.
(4)
Measurement by order of the Police Department by the
owner or operator.
(a)
If the Police Department has reasonable cause
to believe that the owner or operator of any commercial or industrial
activity is in violation of the provisions of this article, order
the owner or operator to conduct such tests or measurements of the
sound level from any source, which in the opinion of the Police Department
are necessary to determine whether the owner or operator of any commercial
or industrial activity is in violation of this article. Said tests
shall be conducted within a stated time, not less than 15 days, and
measurement results are to be submitted to the Police Department after
the measurements are completed. The owner or operator shall be responsible
for the cost of such testing and measurement and the preparation of
any report. Such measurements shall be done in accordance with the
methods and procedures and at such location and time that the Police
Department may reasonably prescribe. The Police Department may require
the measurements to be conducted in the presence of its enforcement
officers.
(b)
If, in the opinion of the Police Department,
measurements by the Police Department are necessary, order the owner
or operator to provide such access to the device or site, as the Police
Department may reasonably request, to provide a power source suitable
to the points of measurement, and to provide allied facilities, exclusive
of sound level meter provision. These provisions shall be made at
the expense of the owner of the device or site. The owner shall be
furnished with copies of the results of the measurements collected.[1]
[1]
Editor's Note: Former Subsection B(5), Noise
- sensitive zone recommendations, which immediately followed this
subsection, was repealed 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000.
A.
Departmental actions. All departments, agencies and
boards shall, to the fullest extent consistent with other laws, carry
out their programs in such a manner as to further the policy of this
article.
B.
Departmental cooperation. All departments, agencies
and boards shall cooperate with the Police Department to the fullest
extent in enforcing this article.
C.
Departmental compliance with other laws. All departments,
agencies and boards shall comply with federal and state laws and regulations
and the provisions and intent of this article respecting the control
and abatement of noise to the same extent that any person is subject
to such laws and regulations.
D.
Project approval. All departments and boards whose
duty it is to review and approve new projects or changes to existing
projects, that result or may result, in the production of sound or
vibration shall consult with the Police Department prior to any such
approval.
A.
Specific prohibitions. No person shall cause, allow
or permit the following acts which shall be considered to be a noise
disturbance:
[Amended 12-16-1999 by L.L. No. 2-2000, approved
1-3-2000]
(1)
Animals.
[Amended 2-3-2004 by L.L. No. 1-2004,
approved 2-24-2004]
(a)
Owning, possessing or harboring any animal which
creates a noise disturbance across a residential real property boundary
which would be deemed unreasonable by any person of normal sensitivities.
(b)
Said noise disturbance shall include, hut not
be limited to, barking, howling, or the making of other loud noises
by said animal between the hours of 10:00 p.m. and 8:00 a.m. for more
than one fifteen-minute period and from the hours of 8:00 a.m. to
10:00 p.m. for more than two fifteen-minute periods.
(2)
Construction. Operating or permitting the operation
of any tools or equipment used in construction, drilling or demolition
work:
(a)
Between the hours of 6:00 p.m. and 8:00 a.m. on weekdays or at any time on Sundays/weekends or holidays, such that the sound therefrom creates a disturbance across a residential real property boundary or is in violation of § 300-6 (sound level measurements), except for emergency work or public service utilities or by special permit issued pursuant to § 300-7.
(b)
This section shall not apply to the use of domestic
power tools, lawn mowers and garden equipment between the hours of
8:00 a.m. and 8:00 p.m. on weekdays and 8:00 a.m. and 8:00 p.m. on
weekends and legal holidays, and snowblowers between the hours of
6:00 a.m. and 10:00 p.m., provided that they produce less than 90
dBA at or within any real property line of a residential property.
(c)
In violation of any state or federal law.
(3)
Domestic power tools. Operating or permitting the
operation of any mechanically powered saw, drill, sander, grinder,
lawn or garden tool or similar device used outdoors in residential
areas between the hours of 8:00 p.m. and 8:00 a.m., and the operation
of any mechanically powered domestic snow-removal device between the
hours of 10:00 p.m. and 6:00 a.m., so as to cause a noise disturbance
across a residential real property.
(4)
Emergency signaling devices as follows:
(a)
The intentional sounding or permitting the sounding
outdoors of any fire, burglar or civil defense alarm, siren, whistle
or similar stationary emergency signaling device, except for emergency
purposes or for testing, as provided in Subsection B(4)(b).
(b)
Testing.
[1]
Testing of a stationery emergency signaling
device shall occur at the same time of day each time such a test is
performed. Any such testing shall use the minimal cycle test time.
[2]
Testing of the complete emergency signaling
system, including the function of the signaling device and the personnel
response to the signaling device, shall not occur more than once in
each calendar month.
(c)
Sounding or permitting the sounding of any exterior
burglar alarm or any motor vehicle burglar alarm unless such alarm
is automatically terminated within 15 minutes of activation and shall
not be operated more than 15 minutes in any one-hour period.
(5)
Explosives, firearms and similar devices. The use of firing of explosives, firearms or any other impulsive source so as to cause a noise disturbance across the real property boundary or on a public space or right-of-way, without first obtaining a special variance issued pursuant to § 300-9. Such permit need not be obtained for such licensed game-hunting activities on property where such activities are authorized.
(6)
Loading and unloading.
(a)
Loading, unloading, opening, closing or handling
of boxes, crates, containers, building materials, liquids, garbage
containers, refuse or similar objects; the pneumatic or pumped loading
or unloading of bulk materials in liquid, gaseous, powder or pellet
form; and compacting refuse by persons engaged in the business of
scavenging or garbage collection whether private or municipal, between
the hours of 10:00 p.m. and 6:00 a.m. on weekdays, and between the
hours of 10:00 p.m. and 7:00 a.m. on weekends or legal holidays, or
in such a manner as to cause a noise disturbance across a residential
or real property boundary or within a noise-sensitive zone.
(7)
Loudspeakers/public address systems.
(a)
Using or operating for any noncommercial purpose
any loud speaker, public address system or similar device between
the hours of 10:00 p.m. and 10:00 a.m. the following day, such that
the sound therefrom creates a noise disturbance or is plainly audible
across a residential real property boundary or within a noise-sensitive
zone.
(b)
Using or operating for any commercial purpose
any loud speaker, public address system or similar device:
(8)
Modification of noise control devices. No person shall
operate or permit to be operated any device that has been modified
so as to cause the sound emitted from such device to be greater than
that emitted from such device as originally manufactured.
(9)
Motor boats. Operating or permitting the operation
of any motor boat in any lake, river, stream or other waterway and
upon the waters of the Rondout Creek in such a manner as to exceed
a sound level of 85 dBA at 50 feet (15 meters) or the nearest shoreline
whichever distance is less. [See Subsection B(14) of this section
also.]
(10)
Sound reproduction systems.
(a)
Operating, playing or permitting the operation
of any radio, television, phonograph or similar device that reproduces
or amplifies sound in such a manner as to create a noise disturbance
to any other person other than the operator of the device.
(b)
This section shall not apply to noncommercial,
spoken language covered under Subsection B(7) of this section.
(11)
Nonemergency signaling devices.
(a)
Alternative 1.
[1]
Sounding or permitting the sounding of any electronically
amplified signal from any bell, chime, siren, whistle or similar device,
intended primarily for nonemergency purposes, from any place for more
than five minutes in any hour. These sounds are not permitted between
the hours of 10:00 p.m. and 7:00 a.m.
[2]
Devices used in conjunction with places of religious
worship shall be exempt from the operation of this provision.
(12)
Street sales. Offering for sale or selling anything
by shouting or outcry within any residential or commercial area of
the city except by permit issued by the appropriate department within
the city between the hours of 8:00 p.m. and 10:00 a.m., unless otherwise
permitted by the proper authority.
(13)
Vehicle or motor boat repairs and testing. Repairing,
rebuilding, modifying or testing any motor vehicle, motorcycle or
motor boat in such a manner as to cause a noise disturbance across
a residential real property boundary or between the hours of 8:00
p.m. and 8:00 a.m. At no time shall the decibel level exceed 85 dBA
at the receiving boundary.
(14)
Prohibited noise. If any said noise is deemed unreasonable
by an officer of the Kingston Police Department, said opinion by said
officer of the Kingston Police Department shall be deemed presumptive
evidence of unreasonable noise. This presumption may be rebutted by
competent evidence.
[Amended 12-16-1999 by L.L. No. 2-2000, approved
1-3-2000]
A.
No person shall operate or permit to be operated on
private property any source of sound in such a manner as to create
a sound level which exceeds the limit set forth for the receiving
land use category in Table 1 when measured at or within the real property
boundary of the receiving land use.
Table 1
| |||
---|---|---|---|
Receiving Land Use Category
|
Sound Level Limit Time
|
(dBA)
| |
Residential
|
7:00 a.m. to 10:00 p.m.
|
60
| |
10:00 p.m. to 7:00 a.m.
|
55
| ||
NB (Convenience Business)
|
At all times
|
60
| |
Commercial
|
At all times
|
75
| |
Industrial
|
At all times
|
75
| |
Another dwelling within a multiple-dwelling-unit
building1
|
7:00 a.m. to 10:00 p.m.
|
55
| |
10:00 p.m. to 7:00 a.m.
|
50
|
1NOTE: Levels
only apply when the sound source is another location within a multiple-dwelling-unit
building. Otherwise, the levels from the residential receiving land
use category are applicable.
|
B.
When measuring noise within a dwelling unit or within
a multiple-dwelling-unit building, measurements shall be taken in
the center of the room affected or as near the center of the room
as possible.
C.
When measuring noise from a different land use category,
the most restrictive sound level limits will be applied for determining
permissible sound levels.
D.
Where time restrictions set forth in this section
are not consistent with those used in other parts of the regulation,
the time restrictions for express uses will apply.
A.
Emergency exception. The provisions of this article
shall not apply to:
(1)
The emission of sound for the purpose of alerting
persons to the existence of an emergency; or
(2)
The emission of sound in the performance of emergency
work. Nothing in this section, however, shall be construed to prevent
law enforcement, ambulance, fire or other emergency personnel to make
excessive noise in the performance of their duties when such noise
is clearly unnecessary; or
(3)
The emission of sound caused by a properly functioning generator
that is being used to provide power to a home in the event of a power
outage that is a result of circumstances beyond their control.
[Added 10-1-2013 by L.L. No. 3-2013, approved 10-15-2013]
B.
Special permits.
(1)
The Planning Department shall have the authority,
consistent with this section, to grant special permits which may be
requested pursuant the provisions contained herein.
(2)
Any person seeking a special permit pursuant to this
section shall file an application with the Planning Department. The
application shall contain information which demonstrates that bringing
the source of the sound or activity for which the special permit is
sought into compliance with this article would constitute an unreasonable
hardship on the applicant, on the community or on other persons. Notice
of an application for special permit shall be published according
to the requirements of each application as set forth by the planning
permit. Any individual who claims to be adversely affected by allowance
of this special permit may file a statement with the Planning Department
containing any information to support his claim. If the Planning Department
finds that a sufficient controversy exists regarding an application,
a public hearing may be held.
(3)
In determining in whether to grant or deny the application,
the Planning Department shall balance the hardship to the applicant,
the community and other persons of not granting this special permit
against the adverse impact on the health, safety and welfare of persons
affected, the adverse impact on the property affected and any other
adverse impacts of granting this special permit. Applicants for special
permits and persons contesting special permits may be required to
submit any information the Planning Department may reasonably require.
In granting or denying an application, the Planning Department shall
place on public file a copy of the decision and the reasons for denying
or granting the special permit.
(4)
Special permits shall be granted by notice to the
applicant containing all necessary conditions, including a time limit
on the permitted activity. The special permit shall not become effective
until all conditions are agreed to by the applicant. Noncompliance
with any conditions of the special permit shall terminate it and subject
the person holding it to those provisions of this article regulating
the source of sound or activity for which the special permit was granted.
(5)
Application for an extension of the time limit specified in special permit for modification of other substantial conditions shall be treated like applications for initial special permit under Subsection B(2).
(6)
The Planning Department may issue guidelines approved
by the Common Council defining the procedures to be followed when
applying for special permit and the criteria to be considered in deciding
whether to grant a special permit.
C.
Special permits for time to comply.
(1)
Within 120 days following the effective date of this
article, the owner of any commercial or industrial source of sound
may apply to the Planning Department for a special permit extending
the time to comply with the sections herein. The Planning Department
shall have the authority, consistent with this section, to grant such
a permit not to exceed 210 days from the effective date of this article,
and each extension will require the posting of a performance bond
to be established by the Planning Department.
(2)
Any person seeking a special permit in time to comply
shall file an application with the Planning Department. The application
shall contain information which demonstrates that bringing the source
of the sound or activity for which the special permit is sought into
compliance with this article would constitute an unreasonable hardship
on the applicant, on the community or on other persons. Notice of
an application for a special permit for time to comply shall be published
according to the requirements of each application as set forth by
the Planning Department. Any individual who claims to be adversely
affected by allowance of this special permit may file a statement
with the Planning Department containing any information to support
his claim. If the Planning Department finds that a sufficient controversy
exists regarding an application, a public hearing may be held.
(3)
In determining whether to grant or deny the application
for an extension, the Planning Department shall balance the hardship
to the applicant, the community and other persons of not granting
this extension against the adverse impact on the health, safety and
welfare of persons affected, the adverse impact on the property affected
and any other adverse impacts of granting this extension. Applicants
for extensions and persons contesting extensions may be required to
submit any information the Planning Department may reasonably require.
In granting or denying an application, the Planning Department shall
place on public file a copy of the decision and the reasons for denying
or granting the extension.
(4)
Special permits and time to comply shall be granted
to the applicant containing all necessary conditions, including a
schedule for achieving compliance. The special permit extending time
to comply shall not become effective until all conditions are agreed
to by the applicant. Noncompliance with any condition of the permit
shall terminate the permit and subject the person holding it to those
provisions of this article.
(5)
Application for extension of time limits specified in special permits and time to comply or for modifications for initial permits under Subsection B may be granted, provided that the Planning Department must find that the need for the extension and modification clearly outweighs any adverse impacts of granting the extension and modification.
(6)
The Planning Department may issue guidelines approved
by the Common Council defining the procedures to be followed when
applying for an extension of a special permit and the criteria to
be considered in deciding whether to grant an extension.
D.
Appeals. Appeals of an adverse decision under this
section shall be made in accordance with the provisions of Article
78 of the Civil Practice Law and Rules of the State of New York.
E.
The provisions of Chapter 300 and all other sections of the Code related to when work may be conducted in the City of Kingston shall not apply to the employees of the Department of Public Works of the City of Kingston. Said workers may lawfully commence their normal hours of work at 6:00 a.m.
[Added 6-6-2006 by L.L. No. 3-2006;
approved 6-21-2006]
A.
Issuance of appearance tickets. The Chief of the Kingston
Police Department shall approve the form of appearance tickets to
be issued pursuant to this article, and the Chief of the Kingston
Police Department or any duly appointed police officer of the Department
is hereby authorized and empowered to issue an appearance ticket for
the enforcement of this article. If no specific procedures for the
issuance of said appearance tickets is set forth herein, it shall
be issued in accordance with the provisions of the City Code, Penal
Law and the Criminal Procedural Law of the State of New York. Any
violation of this article shall be considered equivalent to a traffic
violation under the Vehicle and Traffic Law of the State of New York.
B.
Penalties for offenses.
(1)
Any person who violates a provision of this article
shall be fined a sum of not less than $100 and not more than $500
and/or subject to a period of incarceration not to exceed 30 days;
or a fine of not less than $100 and not more than $500 and a conditional
discharge for a period of one year as defined in the Penal Law and
Criminal Procedural Law for the State of New York.
(2)
Each day a violation of any provision of this article
exists shall constitute a separate violation.
(3)
In addition to the penalties as set forth in Subsection B(1), any person who violates a provision of this article shall be subject to an order that said person shall install any apparatus which can reasonably be expected to correct the violation; or to repair, properly maintain, replace or alter such device in a manner which can reasonably be expected to correct the violation; or seal any device which causes or is maintained or operated so as to cause a violation of any provision of this article; or be ordered to cease and desist from any activity which causes or is conducted so as to cause a violation of any provision of this article.
C.
Abatement orders.
(1)
Except as provided in Subsection C(2), in lieu of issuing an appearance ticket as provided for in the previous Subsection A, Issuance of appearance tickets, providing for compulsory enforcement, the Police Department may take action to obtain voluntary compliance with the provisions of this article by way of warning, notice or educational means and may issue an order requiring abatement of any source of sound or vibration alleged to be in violation of this article in a reasonable time period and according to guidelines which the Planning Department may prescribe. Such noncompulsory methods may not be used before proceeding by way of compulsory enforcement as provided in Subsection A of this section.
(2)
An abatement order shall not be issued when the Police
Department has reasonable cause to believe that a person is willfully
or knowingly violating a provision of this article or when the Police
Department has reason to believe that there will not be compliance
with the abatement order.
D.
Immediate threats to health and welfare. If the Chief
of Police or his designee determine that there is a need for an immediate
halt to any sound that poses an immediate threat to the health and
welfare of any person other than those persons exposed as a result
of trespass or invitation upon private property by the person causing
or permitting the sound or employment by the person or contractor
of the person causing or permitting the sound he may maintain an action
or proceeding in a court of competent jurisdiction to restrain by
injunction the violation under this section.
E.
Other remedies. No provision of this article shall
be construed to impair or shall restrict any right which any person
may have under any statute, including but not limited to the Environmental
Conservation Law, Vehicle and Traffic Law, Labor Law or any other
local, state or federal statute or common law, to seek enforcement
of any noise control requirement or to seek any other legal relief
or remedy therefrom for injury or damage arising from any violation
of this article or from any other law.
Service of any written notice, order or decision
required for this article shall be made to a person as follows:
A.
Either by mailing the notice, order or decision directed
at the person at the address listed in his application, permit or
operating certificate or at the address at which the sound source
is located;
B.
By leaving the notice, order or decision with the
person or, if the person is not an individual, with a member of the
partnership or the group concerned or with an officer or managing
agent of the corporation or other entity; or
C.
By posting the notice, order or decision at the site
where the sound source is located and by also mailing the notice,
order or decision directed to the person at the address where the
sound source is located.[1]
[1]
Editor's Note: Former Art. II, Sound Amplifiers
and Devices, adopted 8-7-1984 by L.L. No. 3-1984, approved 8-28-1984,
as Ch. 100 of the 1984 Code, which immediately followed this section,
was repealed 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000.