[HISTORY: Adopted by the Town Board of the
Town of Greenburgh 10-25-1995 by L.L. No. 14-1995. Amendments noted where applicable.]
GENERAL REFERENCES
Building, fire and plumbing — See Ch. 100.
Explosives and blasting — See Ch. 140.
Contractors — See Ch. 150.
Excavations and soil removal — See Ch. 210.
Zoning — See Ch. 285.
Alarm systems — See Ch. 300.
Alcohol control — See Ch. 305.
Animal control — See Ch. 310
Cabaret law — See Ch. 330.
To preserve and protect public order, the Town
hereby declares its intent to regulate noise and prevent unnecessarily
loud noise. The Town seeks to prevent excessive, unnecessary or unusually
loud noise that is unreasonably intrusive and which may jeopardize
the well-being, public health, comfort, convenience, safety and welfare
of its residents as well as disrupt the public peace and quiet. The
provisions and prohibitions contained herein shall not be utilized
or construed so as to deny or limit any right or privilege granted
and recognized by the First Amendment of the Constitution of the United
States.
As used in this chapter, the following terms
shall have the meanings indicated:
The surrounding background noise generally associated with
a particular environment; the cumulative combination of disparate
sounds from more than one source.
The use, operation, generation or maintenance of sound for
the purpose of advertising or promoting business, goods or services
or soliciting or attracting public attention to goods or services
for sale, lease or rental.
A unit of energy/pressure used to represent the amplitude
or volume of sound waves. A decibel is equal to 20 times the logarithm
to the base 10 of the ratio of the measured sound-pressure level to
the reference sound pressure of 20 micropascals per square meter.
An electronic function of a sound-level meter that seeks
to modify the sound-pressure response of the sound-level meter, over
the range of perceptible frequencies, to approximate that of the human
ear. A noise volume measured by a sound-level meter using the A-weighted
filter is represented by the notation "dBA."
Any work necessary to maintain public health, safety or welfare
following an emergency or public calamity or any work required to
protect persons or property from an imminent exposure to danger. Emergency
work includes, but is not limited to, snow removal, restoration of
public utilities and maintenance of public rights-of-way.
The number of times that a noise wave oscillation takes to
pass a single point. Units of noise frequency are represented by cycles
per second, commonly referred to as "hertz" (Hz).
New Year's Day, Memorial Day, Independence Day, Thanksgiving
Day and Christmas Day.
All vehicles subject to regulation by the New York State
Department of Motor Vehicles. The term "motor vehicle," as used in
this chapter, includes mopeds, minibikes and go-carts.
The unwanted, unwelcome and unnecessary sound produced, intentionally
or unintentionally, by any act or in the course of any activity.
The use, operation, generation or maintenance of sound for
any purpose, other than a commercial purpose. "Noncommercial purpose"
includes, but is not to be limited to, philanthropic, political, patriotic
and charitable purposes.
Any pressure variation in air perceptible to the human ear.
Any machine or device used for the amplification of sound.
"Sound-amplifying equipment," as used in this chapter, shall not include
any warning device, siren, horn or whistle used by emergency vehicles
or by any governmental agency to alert the public to an emergency
or warn of a dangerous condition.
An instrument for the measurement of sound conforming to
Type 1 or Type 2 ANSI standard under Specification S1.4-1971, or the
latest approved revision thereof.
Any motor vehicle, regardless of method of power, whether
in motion or stationary, which has sound-amplifying equipment.
The Town of Greenburgh.
Any sound which would annoy, disturb or irritate a reasonable
person of normal sensitivities under the same circumstances.
The following sounds and noises are deemed beyond
the scope and intent of the Town to regulate and are not subject to
this chapter:
A.
Any sound intended to warn the public or indicate the existence of an emergency condition, including any warning device, siren, horn or whistle used by emergency vehicles or by any governmental agency to alert the public to an emergency or warn of a dangerous condition. This exception shall exempt the noise generated by business and residential alarms permitted under Greenburgh Town Code Chapter 300 when such alarms are activated under circumstances indicating the existence of an emergency condition.
B.
Any sound within limits set by and under the jurisdiction
of the federal Occupational Health and Safety Act or any other state
or federal act preempting local regulation.
C.
Sound generated by or produced in association with
a religious celebration or observance.
No person shall make, continue, cause or permit
to be made, verbally or mechanically, any unreasonably intrusive noise.
Standards to be considered in determining whether an unreasonably
intrusive noise exists include, but are not limited to, the following:
A.
The volume of the noise.
B.
The frequency of the noise.
C.
The periodicity of the noise.
D.
Whether the noise is unusual and incongruous with
the surrounding environment.
E.
The volume and frequency of the ambient noise, if
any.
F.
The proximity of the noise source to any residential,
educational, medical, religious or judicial facility.
G.
The use, nature and character of the zoning district
of the immediate area where the noise source exists.
H.
The time of day or night the noise occurs.
I.
The duration of the noise.
The following list of acts and associated sounds
are permissible as of right and not subject to regulation under this
chapter. This enumeration is illustrative only and is not intended
to be exhaustive. Permissible acts and associated sounds include,
but are not limited to, the following:
A.
Music performed in conjunction with any military or
civic parade, funeral procession or religious service or the use of
any bell, chimes or other instrument, apparatus or device by any church
or synagogue or school licensed, chartered or recognized by the State
of New York, provided that such performance or activity does not occur
between the hours of 10:00 p.m. and 7:00 a.m. of the following day.
B.
Sounds created by any governmental agency, railroad
or emergency service organization intended to alert the public to
an emergency or warn of a dangerous condition.
C.
Sounds created by public utilities in furtherance
of fulfilling their franchise.
D.
Sounds generated by, or associated with, organized
sporting events of any public or private school or generated by, or
associated with, any sport or recreational activity sponsored or permitted
by the Town.
E.
Sounds generated by, or associated with, the activities
of the Town Department of Public Works.
F.
Sounds generated on private property, amplified or
unamplified, for private, noncommercial use and enjoyment, provided
that such sound does not exceed 65 dBA as measured from the closest
point of the adjacent property owned, rented or leased by any person
complaining that such sound is unreasonably intrusive.
G.
Amplified noncommercial speech offered to express
ideas or communicate thought is permitted, provided that such sound
does not exceed 65 dBA as measured from the closest point of the property
owned, rented or leased by any person complaining that such sound
is unreasonably intrusive.
H.
Routine construction work, unless prohibited by § 380-7G, and all associated sounds and noises between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday and Saturdays between the hours of 9:00 a.m. and 6:00 p.m. All construction work includes, but is not limited to, building, repairing, blasting, when authorized by Town permit, grading, leveling, excavating and other similar acts and activities usually and customarily associated with building and construction.
[Amended 5-27-1998 by L.L. No. 4-1998]
The following acts and associated sounds are
allowable only by permit issued by the Town Clerk. Acts and associated
sounds subject to regulation and authorized by permit include:
A.
Emergency work. An application to perform emergency work otherwise prohibited by § 380-7G must be made, in writing, and state the reason emergency work is necessary, the scope and type of work proposed, the date the emergency repairs or construction activity shall be complete and such other further and additional information as the Town Clerk may require. Nothing herein shall relieve an applicant of the duty to obtain a building permit from the Town Building Inspector.
B.
Amplified sound generated, broadcast or intended for
outside, open-air use and enjoyment, including but not limited to
concerts, block parties, commercial advertising and sound transmitted
by speaker. An application for a permit for amplified sound pursuant
to this section must be made, in writing, and state the purpose, location,
duration and anticipated volume level, in decibels, measured at the
boundary or property line of the proposed location of the sound, noise,
music or speech sought to be broadcast. Where an applicant seeks permission
to broadcast sound for outside, open-air use in or bordering on a
residential zone, the applicant shall provide the name, address and
telephone number of an individual responsible for controlling the
sound, noise, music or speech. In addition to the permit requirements
set forth in this section, the Town Clerk may, in his/her sole discretion,
require whatever other additional information deemed necessary to
evaluate the impact of issuing a permit under this section.
C.
Whenever a sound permit is issued under this section, the Town Clerk may impose whatever conditions, in his/her sole discretion, deemed reasonably necessary to protect public health, safety and welfare and limit any unreasonably intrusive noise to the greatest degree practicable under the circumstances consistent with § 380-4.
D.
Appeal. Any person seeking a permit under this section
may appeal a decision by the Town Clerk to deny the application or
impose conditions to the Town Board. In addition, the Town Board may
entertain an appeal of a decision by the Town Clerk to grant a permit
under this section upon petition of not fewer than 25 Town residents
who allege that the act and associated sounds authorized will result
in unreasonably intrusive noise.
The following acts and associated sounds are
prohibited under this chapter. Prohibited acts and associated sounds
include, but are not limited to, the following:
A.
The sounding of any horn or signal device on any motor
vehicle, except as a warning signal pursuant to the provisions of
the Vehicle and Traffic Law of the State of New York.
B.
The use or operation of any radio, television, phonograph,
musical instrument or instruments, loudspeaker, sound-amplification
equipment or other machine or device for the production or reproduction
of sound so as to create an unreasonably intrusive noise.
C.
Any unreasonably intrusive noise exceeding 65 dBA
at any time within a residential district or exceeding 70 dBA within
any other district between the hours of 8:00 p.m. and 8:00 a.m. Sunday
through Saturday or exceeding 65 dBA between the hours of 5:00 p.m.
Saturday and 10:00 a.m. Sunday or exceeding 65 dBA between the hours
of 12:01 a.m. and 11:59 p.m. on any holiday.
D.
The keeping or harboring of any animal, fowl or bird
which disturbs the peace, comfort or repose of any person residing
in the vicinity by causing frequent unreasonably intrusive noise.
E.
The blowing of any whistle attached to any stationary
boiler, except to give notice of the time to begin work, stop work
or as a danger warning.
F.
The discharge of exhaust into the open air generated
by any steam engine, internal-combustion engine, stationary or mobile,
air compressor or other device which creates an unreasonably intrusive
noise, except where such discharge is through a muffler or other device
which effectively prevents loud, unusual or explosive noise.
G.
Construction work, including but not limited to the
operation of mechanical machinery or equipment, grading, leveling
and excavating, between the hours of 8:00 p.m. and 7:00 a.m. Monday
through Friday, before 9:00 a.m. or after 6:00 p.m. Saturday or between
the hours of 12:01 a.m. and 11:59 p.m. on any Sunday or recognized
holiday.
[Amended 5-27-1998 by L.L. No. 4-1998; 2-12-2020 by L.L. No. 3-2020]
I.
The operation of gasoline-powered power lawn mowers,
leaf blowers or other gasoline-powered lawn or garden equipment or
construction tools between the hours of 8:00 p.m. and 8:00 a.m. any
weekday, before 9:00 a.m. or after 6:00 p.m. Saturday or any holiday
or before 11:00 a.m. or after 6:00 p.m. Sunday. Operation of a gasoline-powered
power lawn mower, leaf blower or other gasoline-powered lawn or garden
equipment or construction tool in a residential zone may not exceed
75 dBA at any time. Operation of gasoline-powered leaf and garden
blowers in excess of 55 dBA is prohibited from May 1 through October
1 of each year.
J.
The use or operation of any radio, phonograph, musical
instrument, loudspeaker, sound amplifier or other machine or device
for the production or reproduction of sound intended as commercial
advertising or solicitation unless permitted by the Town Clerk.
K.
The use of any drum, bell, loudspeaker or other instrument
or device for the purpose of attracting attention to any solicitation,
performance, show, sale or display of merchandise unless permitted
by the Town Clerk.
L.
The noise created during the operation of any motor vehicle, or any other vehicle, as a result of an unlawful speed contest, as defined in § 460-1 of the Town Code, as the unnecessary racing of motors, acceleration tests, and any excessive burst of speed, which causes the tires to squeal, in or upon any public street, highway, or place in the Town while moving, parked or at a standstill and which is clearly audible at a distance of 50 feet from the source of the noise shall be prima facie evidence of a violation of this section.
[Added 12-9-2020 by L.L.
No. 9-2020]
A.
The measurement of any sound or noise shall be made
with a sound-level meter, as defined herein, using the slow-response
setting and the A-weighted decibel scale.
B.
The sound-level meter will be calibrated annually
according to the manufacturer's instructions and before and after
each use. A record of maintenance and calibration shall be maintained.
C.
The sound-level measurement shall be made at or within
10 feet of the property line of the property on which any noise is
generated.
D.
Where a summons is written for violation of this section,
the enforcing officer shall record the time, approximate location
before and after calibration checks and the sound-level reading(s)
that were recorded. When investigating a sound/noise complaint, the
enforcing officer may take as many sound-level readings as deemed
necessary, and nothing shall prevent an enforcement officer from taking
multiple sound-level readings and citing only the highest recorded
sound-level reading as a violation.
E.
Where a noise complaint alleges interference with
the peaceful enjoyment of private property, sound-level readings may
be taken from the nearest point of any adjacent landowner who consents
to entry and grants access for the limited purpose of measuring compliance
with this chapter.
F.
The Town Police shall be charged with enforcement
of this chapter unless the Chief of Police designates an enforcement
officer outside the Police Department and, with the consent of the
Town Board, delegates authority for prosecution to such enforcement
officer.
A.
Any person convicted of violating any provision of
this chapter shall, upon conviction for a first offense, be guilty
of a criminal violation and subject to a penalty of not less than
$50 nor more than $500.
B.
Any person convicted of a second offense of this chapter
within three years of a prior conviction under this chapter shall
be guilty of a misdemeanor and, upon conviction, be subject to a penalty
of not less than $250 nor more than $1,500.
C.
Upon application of the Town Attorney and court order,
any person violating any provision of this chapter may be enjoined
from continuing such violation.
