[HISTORY: Adopted by the Board of Trustees of the Village of South
Glens Falls 11-15-2000 by L.L. No. 3-2000.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 157, but was
renumbered to fit into the alphabetical organization of the Code.
This chapter shall be known as the "Village of South Glens Falls Noise
Control Local Law."
A.
It is hereby declared to be the policy of the Village
of South Glens Falls to prevent excessive, unnecessary, disturbing or unusually
loud noise. It is further declared that the provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of preserving,
protecting and promoting the public health, comfort, convenience, safety,
welfare and prosperity and peace and quiet of the Village of South Glens Falls
and its inhabitants. It is the policy of the Village of South Glens Falls
that the property within the Village may not be utilized in a manner that
detrimentally affects the reasonable use and enjoyment of adjacent or neighboring
property and that excessive, unnecessary, unreasonable or unusually loud noise
results in such detrimental effect, especially between the hours of 10:00
p.m. and 8:00 a.m.
B.
This chapter shall be liberally construed so as to effectuate
the purposes described in this section. Nothing herein shall be construed
to abridge the emergency powers of any Village department or the right of
such department to engage in any necessary or proper activities. Nothing herein
shall abridge the powers and responsibilities of any Police Department or
law enforcement agency to enforce the provisions of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
Any act or combination of acts which causes the production of sound.
The level of all sound sources in the area.
American National Standards Institute or its successor bodies.
A machine capable of playing, reproducing and/or amplifying speech,
including but not limited to a radio, tape player or compact disc player.
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).
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.
The abbreviation for A-weighted sound level in decibels.
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.
A public calamity exposing any person or property to imminent danger
or loss or harm.
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.
The logarithm of the ratio of a quantity to a reference of the same
kind. The base of the logarithm is 10.
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.
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 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.
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.
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.
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.
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.
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.
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).
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:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is natural or unnatural.
The volume and intensity of the background noise, if any.
The proximity of the noise to residential sleeping facilities.
The nature and the zoning district of the area within which the noise
emanates.
The time of day or night the noise occurs.
The time duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or impulsive.
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.
B.
Unnecessary noise. No person shall make, continue or
cause or permit to be made any continued unreasonably loud or unnecessary
noise, including 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.
C.
Prohibited acts.
(1)
Sound reproduction.
(a)
The operation, playing or permitting the operation or
playing of any radio, television, phonograph, stereo, drum, musical instrument,
sound amplifier or similar device in a stationary position which produces,
reproduces or amplifies sound in a manner which raises the ambient sound level
within the nearest sensitive receptor to a level which exceeds:
(b)
The operation, playing or permitting the operation or
playing of any radio, television, phonograph, stereo, drum, musical instrument,
sound amplifier or similar device in a stationary position which produces
a noise or sound level which is unreasonably loud or unnecessary which either
annoys, disturbs, injures or endangers the comfort, repose, health, peace
or safety of a reasonable person of normal and ordinary sensitivities.
(c)
This subsection does not apply to places of public entertainment
or amusement. This subsection also does not apply to sounds that have a duration
of less than five minutes between the hours of 8:00 a.m. and 10:00 p.m.
(2)
Places of public entertainment.
(a)
No person shall operate or permit to be operated a place
of public entertainment, including, but not limited to, a restaurant, bar,
cafe, discotheque or dance hall, from which the sound level is equal to or
exceeds 75 dB(A) between the hours of 9:00 a.m. and 10:00 p.m. or from which
the sound level is equal to or exceeds 60 dB(A) between the hours of 10:00
p.m. and 8:00 a.m., measured out-of-doors from a distance of at least 50 feet
from the noise source or adjacent to the nearest sensitive receptor, whichever
is closer.
(b)
Unreasonably loud or unnecessary sound, including 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 which is produced by any place of public entertainment or amusement referred to in Subsection C(2)(a) shall be deemed in violation of this chapter.
(3)
Building construction. Operating or permitting the operation
of any tool or equipment used in construction, drilling or demolition work,
including but not limited to the excavation, alteration, construction 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 the public safety and then only
with the permit of the Building Inspector, which permit may be issued for
a maximum of three days during the continuance of such emergency.
(4)
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.
(5)
Motor vehicles. No person may operate an audio device
from any parked motor vehicle or motor vehicle that remains stationary for
at least 15 minutes at sound levels which may be heard at a distance of 150
feet away from the motor vehicle.
D.
Exception. This chapter shall not apply to the operation
or use of any organ, radio, bell, chime or other instrument, apparatus or
device by any church, synagogue, school or governmental officer or employee
in the course of official duty or to properly functioning emergency and safety
alarms sounding off for the protection of public health, safety and welfare;
nor shall this chapter apply to legally permitted fireworks displays, weddings,
community or religious events or special events or celebrations for which
a permit to conduct outside entertainment has been issued by the Village of
South Glens Falls or are otherwise sanctioned by the Village of South Glens
Falls.
E.
Waiver. Upon a showing that it is in the public interest
and for good cause, the Village of South Glens Falls may waive application
of this chapter.
A.
It shall be the duty of the South Glens Falls Police
Department to enforce the provisions of this chapter.
B.
If a violation of this chapter shall occur in the presence
of a South Glens Falls police officer, he shall issue an appearance ticket,
as set forth in § 150.10 to § 150.75 of the Criminal Procedure
Law, based upon a written statement by the complainant.
C.
If any violation for which a complaint is received does
not occur in said officer's presence, the complainant shall be referred
to the Village Board, which shall take appropriate action for the prosecution
of the offense.
A.
Any person who violates any provision of this chapter
shall be guilty of a violation punishable by:
B.
When a violation of this chapter or any provision thereof
is continuous, each date or portion thereof on which a violation occurs shall
constitute a separate and distinct violation for which a separate and additional
penalty may be imposed.
C.
In addition, upon violation of this chapter or any provision thereof, the Village Board may maintain an action or proceeding in the name of the Village of South Glens Falls in a court of competent jurisdiction to compel compliance with this chapter or restrain by injunction any violation thereof. The prosecution of a violation of this chapter for any penalty under Subsection A hereto shall not affect the right of the Village to obtain injunctive relief herein.
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.
