This chapter shall be known as the "Village of South Glens Falls Noise
Control Local Law."
As used in this chapter, the following terms shall have the meanings
indicated:
ACTIVITY
Any act or combination of acts which causes the production of sound.
ANSI
American National Standards Institute or its successor bodies.
AUDIO DEVICE
A machine capable of playing, reproducing and/or amplifying speech,
including but not limited to a radio, tape player or compact disc player.
A-WEIGHTED SOUND LEVEL
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
(ANSI No. 4-1971).
CONSTRUCTION
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public or private
highways, roads, premises, parks, utility lines or other property, including
but not limited to related activities such as land clearing, grading, earth
moving, excavating, blasting, filling and landscaping, but not including agriculture.
dB(A)
The abbreviation for A-weighted sound level in decibels.
DECIBEL
A unit for measuring the volume of a 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.
EMERGENCY
A public calamity exposing any person or property to imminent danger
or loss or harm.
EMERGENCY WORK
Work or activity that is necessary to prevent or recover from an
emergency, including but not limited to work to repair electric, gas, water,
sewage, telephone or other essential public utilities or services.
LEVEL
The logarithm of the ratio of a quantity to a reference of the same
kind. The base of the logarithm is 10.
OWNER
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 any lesser
estate therein, or an agent or lessee of such person.
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.
PLACE OF PUBLIC ENTERTAINMENT
Any commercial or privately operated indoor or outdoor facility within
which the general public or organizational members gather for dining, drinking,
dancing or other social events, including, but not limited to, restaurant,
bar, cafe, discotheque or dance hall.
REAL PROPERTY BOUNDARY
An imaginary line exterior to any structure, along the ground surface,
which separates the real property owned by one person from that owned by another
person, and the vertical extension of such line.
SENSITIVE RECEPTOR
Any occupied property or, if a condominium, apartment house, duplex,
or attached business, within any adjoining unit; or place of business which
is affected adversely by noise.
SOUND AMPLIFIER OR SIMILAR DEVICE
Any device that is designed to be used or is actually used for the
production or reproduction of sound, including but not limited to any musical
instrument, radio, television, tape recorder, compact disc player, phonograph
or any other sound-amplifying device.
SOUND LEVEL
The quantity in decibels measured by a sound-level meter satisfying
the requirements of American National Specification for Sound-Level Meters
S 1.4-1971. This publication is available from the American National Standards
Institute, Inc. (ANSI), 1430 Broadway, New York, New York 10018. "Sound level"
is the frequency weighted sound-pressure level obtained with the standardized
dynamic characteristics fast or slow and weighting A, B and C; unless indicated
otherwise, the A-weighting with a slow response is understood.
SOUND-LEVEL METER
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 S1.4-1971, Types 1, 2, S1 A or S2 A.
SOUND-PRESSURE LEVEL
Twenty times the logarithm to the base of 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 decibel (dB).
UNREASONABLY LOUD OR UNNECESSARY NOISE
Any excessive or unusually loud sound which either annoys, disturbs,
injures or endangers the comfort, repose, health, peace or safety of a reasonable
person of normal and ordinary sensitivities or which causes injury to animal
life or damages to property or business. Standards to be considered in determining
whether unnecessary noise exists in a given situation include but are not
limited to the following:
B.
The intensity of the noise.
C.
Whether the nature of the noise is usual or unusual.
D.
Whether the origin of the noise is natural or unnatural.
E.
The volume and intensity of the background noise, if any.
F.
The proximity of the noise to residential sleeping facilities.
G.
The nature and the zoning district of the area within which the noise
emanates.
H.
The time of day or night the noise occurs.
I.
The time duration of the noise.
J.
Whether the sound source is temporary.
K.
Whether the noise is continuous or impulsive.
L.
The presence of discreet tones.
It shall be prima facie evidence that an activity is in violation of
this chapter when a sound-level meter determines that the decibel level of
a particular activity is in excess of the standards hereinafter set forth.
All measurements will be made on the A-2 weighted sound level of a Type 0,
1 or 2 sound-level meter with a slow response. The meter will be calibrated
each day that an individual or set of measurements is to be taken.
Nothing in this chapter 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 and the Industrial Code, or common
law, to seek enforcement of any noise-control requirement or to seek any other
relief.
If any provisions of this chapter are held invalid, such invalidity
shall not affect other provisions which can be given effect without the invalid
provisions.
This chapter shall take effect upon filing in the office of the Secretary
of State.