[Amended 3-21-1988 by L.L. No. 3-1988]
A.
It is the policy of the Board of Trustees of the Village
of Potsdam to maintain the peace and quiet of the village. Unnecessary noise
is determined by the Board of Trustees to be a hazard to the public health,
welfare, safety and to the quality of life of the residential areas of the
village. It is further declared that the provisions hereinafter contained
and enacted are in pursuance of and for the purpose of preserving, protecting
and promoting the public health, safety and welfare and the peace and quiet
of the residential areas of the village.
B.
Unnecessary noise degrades the environment of the village
to a degree which:
As used in this Article, the following terms shall have the meanings
indicated:
Sound that reaches the point of interest by propagation through the
air. Approved sound-measuring equipment shall meet ANSI SI.4 1971 standards
as described under the definition of dBA below.
All engineor motor-powered equipment intended for infrequent service
work in inhabited areas, typically requiring commercial or skilled operators.
Examples of "commercial service equipment" are chain saws, log chippers, paving
rollers, etc.
Any powered device or equipment designed and intended for use in
construction. Examples of "construction devices" are air compressors, bulldozers,
backhoes, trucks, shovels, derricks and cranes.
The abbreviation for decibel.
The A-weighed sound level in decibels, as measured by a general purpose
sound-level meter complying with the provisions of the American National Standards
Institute specifications for Sound-Level Meters (ANSI SI.4 - 1971), properly
calibrated and operated on the A-weighting network.
A unit for measuring the volume of a sound, equal to the logarithm
of the ratio of the sound pressure of the sound to the sound pressure of a
standard sound (0.0002 microbar); abbreviated "dB."
The 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 and telephone services.
The number of oscillations or cycles per second, expressed in hertz
(abbreviation "Hz").
All engine- or motor-powered garden or maintenance tools intended
for repetitive use in residential areas, typically capable of being used by
a homeowner. Examples of "homeowner's light residential outdoor equipment"
are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc.
The abbreviation for "hertz," and is equivalent to cycles per second.
An individual, association, firm, syndicate, company, trust, corporation,
department, bureau or agency or any other entity recognized by law as the
subject of rights and duties.
An instrument, including a microphone, an amplifier, an output meter
and frequency-weighting networks, for the measurement of sound levels. "Sound-level
meters" shall conform to the requirements of American National Standards Institute
Specifications for Sound-Level Meters (ANSI S1.4 -1971).
Any excessively or unusually loud sound or any sound which either
annoys, disturbs, injures or endangers the comfort, repose, health, peace
or safety of a person or which causes injury to animal life or damages property
or business. Standards which can be considered in determining whether unnecessary
noise exists in a given situation include, but are not limited to, the following:
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is associated with nature or man-made
activity.
The intensity of the background noise, if any.
The proximity of the noise to sleeping facilities.
The nature of the zoning district of the area within which the noise
emanates.
The time of the 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 discrete tones.
Whether alternate methods are available to achieve the objects of the
sound-producing activity.
A.
The following acts, among others, are declared to be
loud, disturbing, injurious and unnecessary and unlawful noises in violation
of this section, but this enumeration shall not be deemed to be exclusive,
namely:
(1)
Yelling, shouting, hooting, whistling, singing or performing
music on the public streets or from private property at any time that annoys
or disturbs the quiet, comfort or repose of a person or persons in the vicinity,
and such noise is plainly audible at a distance of 50 feet from the area,
building, structure or vehicle from which such noise emanates.
(2)
The using of, operating of or permitting to be played,
used or operated any radio, receiving set, musical instrument, phonograph,
television set or other machine or device for the producing or reproducing
of sound in such manner as to disturb the peace, quiet and comfort of the
neighboring inhabitants and in such a manner as to be plainly audible at a
distance of 50 feet from the area, building, structure or vehicle in which
it is located.
(3)
Sounding horns, squealing tires or other vehicular noises
produced excessively or unnecessarily.
B.
No person or persons owning, leasing or controlling the
operation of any source or sources of noise shall permit the establishment
of a condition of unnecessary noise, as herein previously described.
C.
No person shall create or cause to be emitted any noise
which, when measured by a sound-level meter at any lot line in a residential
district, exceeds the following standards:
A.
The provisions of § 124-4 shall apply to the use or occupancy of any lot or structure thereon and to noise produced thereby, except the following:
(1)
The intermittent or occasional use between 7:00 a.m.
through 8:00 p.m. of homeowner's light residential outdoor equipment
or commercial service equipment, provided that said equipment and its use
comply with the other provisions hereof and the equipment is being used in
a normal manner.
(2)
Construction activities between 7:00 a.m. through 8:00
p.m. and the associated use of construction devices nor the noise produced
thereby, provided that such activities and such equipment and their use comply
with the other provisions hereof.
(3)
Agriculture.
(4)
Noise from church bells or chimes used in conjunction
with religious or educational purposes.
(5)
The emission of sound for the purpose of alerting persons
to the existence of an emergency and the passage of vehicles for that purpose.
(6)
The emission of sound in performance of emergency work.
(7)
Temporary uses as may be granted by permit.
(8)
Official public celebrations.
(9)
Noise of aircraft flight operations.
(10)
The lawful operation of any properly equipped motor vehicle
on any public way, subject to the applicable sections of the Vehicle and Traffic
Law that refer to noise.
Persons committing any act prohibited by § 124-4 of this Article shall be guilty of a violation and, as such, shall be punishable by a sentence of up to 15 days in jail or a fine of $250, or both.
