This chapter shall be known and may be cited as the "Noise Control Law
of the Town of DeWitt."
It is hereby declared to be the policy of the Town Board to prevent
unreasonably loud, disturbing and unnecessary noise and to reduce noise level
within the town so as to preserve, protect and promote the public health,
safety and welfare and to foster convenience, peace and quiet within the town
by the inhabitants and transients thereof. The Town Board finds that every
person is entitled to have maintained noise levels which are not detrimental
to life, health and the enjoyment of property and that excessive and unnecessary
noise within the Town of DeWitt affects and is a menace to public health,
safety, welfare and the comfort of the people of the town.
For the purposes of this chapter, the terms used herein are defined
as follows:
A-WEIGHTED SOUND LEVEL
The sound level, in decibels, reported as measured by a sound-level-measuring
instrument having an A-weighting network which discriminates against the lower
frequencies according to a relationship approximating the auditory sensitivity
of the human ear. The level so read is designated "dBA."
DECIBEL (DB)
The practical unit of measurement for sound pressure level. The number
of "decibels" of a measured sound is equal to twenty (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 [twenty (20) micropascals]; abbreviated
"dB."
NOISE
Any sounds of such level and duration as to be or tend to be injurious
to human health or welfare or that would unreasonably interfere with the enjoyment
of life or property.
REAL PROPERTY LINE
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 that is one in a multi-dwelling-unit building.
SOUND DEVICE OR APPARATUS
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
SOUND LEVEL
The sound pressure level measured in decibels with a sound-level
meter set for A-weighting. "Sound level" is expressed in dBA.
UNNECESSARY
That which is not required by the usual circumstances.
No person shall cause, suffer, allow or permit the operation of any
source of sound on a particular category of property or any public space or
right-of-way in such a manner as to create a sound level that exceeds the
particular sound level limits set forth as follows: between 7:00 a.m. and
10:00 p.m., seventy (70) dBA and between 10:00 p.m. and 7:00 a.m., fifty (50)
dBA when measured at the adjoining property line.
The following sounds shall not be deemed to be a violation of this chapter:
A. Church bells: sounds created by church bells or chimes.
B. Warning devices: sounds created by any government agency
or by the use of public warning devices.
C. Lawn mowers: sounds created by lawn mowers, manual and
power tools and household appliances in use between the hours of 8:00 a.m.
and 8:00 p.m., prevailing time, weekdays, and 9:00 a.m. and 8:00 p.m., prevailing
time, Sundays.
D. Carbide cannons or poppers: sounds created by carbide
cannons or poppers used by a farmer having not less than ten (10) acres in
crop cultivation during the growing season.
E. Public utilities: sounds created by public utilities
in carrying out the operation of their franchises.
F. Sporting events and public entertainment: sounds connected
with sporting events of any public or private school or authorized carnival,
fair, exhibition, parade, etc., allowed by permit of the Town Board or any
other designated authority of the Town Board. Noise will be reduced between
the hours of 11:00 p.m. and 7:00 a.m.
[Amended 6-8-1992]
Any person who shall violate any of the provisions of this chapter shall
be guilty of a violation pursuant to the Penal Law and shall be punishable
by a fine of not more than two hundred fifty dollars ($250.) or imprisonment
for not more than fifteen (15) days, or both. The continuation of an offense
for each day [twenty-four (24) hours] shall be deemed a distinct and separate
offense.
[Added 6-8-1992]
This chapter shall be enforced during regular business hours by the
Code Enforcement Officer and at all times by the Police Department.