This chapter shall be known as the "Town of
Moreau Noise Control Local Law."
It is hereby declared to be the policy of the
Town of Moreau 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 Town of Moreau and its inhabitants. It is the policy
of the Town of Moreau that the property within the town may not be
utilized in a manner that detrimentally effects 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 11:00 p.m. and
7:00 a.m.
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 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 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 S1.4-1971. 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 characteristic
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,
S1A or S2A.
SOUND-PRESSURE LEVEL
Twenty times the logarithm to the base 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 the
decibel (dB).
UNREASONABLY LOUD OR UNNECESSARY NOISE
A noise which is unreasonably loud or unnecessary is defined
as 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.
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.