[HISTORY: Adopted by the Board of Trustees of the Village
of Amityville 12-14-2009 by L.L. No. 42-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law provided that it shall take
effect on January 2, 2010, subject to acceptance and filing by the
Secretary of State.
A.Â
All terminology defined herein is in conformance with the terminology
of the American National Standards Institute (ANSI) or its successor
body.
B.Â
ACTIVITY
AIR-CONDITIONING AND AIR-HANDLING DEVICE
AMBIENT NOISE
AUDIBLE
AUTHORIZED EMERGENCY VEHICLE
A-WEIGHTED SOUND LEVEL [dB(A)]
BUILDING APERTURE
BUSINESS AREAS
CONSTRUCTION
CONTAINER
CONTINUOUS SOUND
DECIBEL (DB)
EMERGENCY
GROSS VEHICLE WEIGHT RATING (GV)
IMPULSIVE SOUND
INDUSTRIAL AREAS
L10
L90
MOTORBOAT
NOISE-SENSITIVE ZONE
OFF-ROAD RECREATIONAL VEHICLE
OWNER
PEAK SOUND PRESSURE LEVEL
PERSON
RESIDENTIAL AREAS
SOUND
SOUND-LEVEL METER
SOUND PRESSURE LEVEL
SOUND-REPRODUCTION DEVICE
SOUND SIGNAL DEVICE
SOUND SOURCE
SOUND SOURCE SITE
UNREASONABLE NOISE
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
(9)Â
(10)Â
(11)Â
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.
Any device that is designed to be used or is actually used
to cool, move or condition air, including but not limited to air conditioners,
cooling towers, fans and blowers.
The all-encompassing background noise level associated with
a given environment, being usually a composite of sounds from many
sources.
A sound level which exceeds the background sound level by
at least five dB(A).
Every ambulance, law enforcement vehicle, fire control vehicle
and civil defense emergency vehicle.
The sound pressure level in decibels as measured on a sound-level
meter using the A-weighted network slow response. The level so read
is designated "dB(A)."
Any designated opening in a building to which a person may
reasonably have access, including but not limited to any door, gate,
window, skylight or hatch.
Those areas zoned as such by the Village Code.
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public
or private highways, roads, premises, parks, utility lanes or other
property, including but not limited to related activities such as
land clearing, grading, earthmoving, excavating, blasting, filling
and landscaping, but not including agriculture.
Any receptacle, regardless of contents, manufactured from
wood, metal, plastic, paper or any material whatsoever, including
but not limited to any barrel, basket, bale, box, crate, tub, bottle,
can or refuse container.
Any sound that is not an impulsive sound.
A unit for measuring the pressure level of a sound. For the
purposes of this chapter, the standard reference pressure stated herein
will be used to assure a consistent and standard reference for measuring
sound. The sound pressure level measured in decibels is equal to 20
times the logarithm to the base 10 of the ratio of the effective pressures
of the sound measured to the reference pressure, such reference pressure
being 20 micropascals (20 micronewtons per square meter).
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
The value specified by the manufacturer as the recommended
maximum loaded weight of a single motor vehicle. In cases where trailers
and tractors are separable, the gross combination weight rating (GCWR),
which is the value specified by the manufacturer as the recommended
maximum loaded weight of the combination vehicle, should be used.
A sound characterized by brief excursions of peak sound pressure
which significantly exceed the ambient sound.
Those areas zoned as such by the Village Code.
The A-weighted sound level, measured with slow response,
that is exceeded 10% of the time in a one-hour interval or equivalent
thereof.
The A-weighted sound level, measured with slow response,
that is exceeded 90% of the time in a one-hour interval or equivalent
thereof.
Any vessel which operates on the water and which is propelled
by a motor, including but not limited to boats, barges, amphibious
craft, water-ski towing devices, hovercraft and personal watercraft.
Any area designed pursuant to § 114-2 of this chapter for the purpose of ensuring exceptional quiet.
Any vehicle which is propelled by any power other than muscular
power that is designed for or capable of cross-country travel, such
as a go-cart, motorcycle, trail bike or minibike, commercial or noncommercial
racing vehicle and dune buggy.
Any person who has regular control of a device or site, including
but not limited to the owner of the realty, tenant or an authorized
agent of such person.
The maximum absolute value of the instantaneous sound pressure
level during a specified time interval.
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.
Those areas zoned as such by the Village Code.
Any variation in ambient barometric pressure.
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighting networks, for the measure of sound levels.
The weighted sound pressure level in decibels obtained by
the use of a sound-level meter and frequency-weighting network, such
as A, B or C. If the frequency weighting employed is not indicated,
the A-weighting slow response shall apply.
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, phonograph,
loudspeaker, public address system or any other sound-amplifying device.
Any device that is designed to be used or is actually used
to produce a sound signal, but not spoken language, including but
not limited to any horn, whistle, bell, gong, siren, rattle, clapper,
hammer, drum or air horn.
Any activity or device whatsoever that produces sound.
A parcel of land, or a tract of land consisting of two or
more parcels, which includes all contiguous land and water areas under
the ownership or control of a person in or upon which one or more
sound sources are located. The sound source site includes all individual
sound sources that are located on such site, whether stationary, movable
or mobile. A sound source site is created by the installation of one
or more sound sources thereon.
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of a reasonable person of normal sensitivities
or which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether "unreasonable 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 man-made.
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 areas 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 Board of Trustees may, by resolution, designate noise-sensitive
zones which will contain noise-sensitive activities. Existing quiet
zones shall be considered noise-sensitive zones until otherwise designated.
Noise-sensitive activities include, but are not limited to, operations
of schools, public libraries, churches, hospitals and nursing homes.
No person shall make, continue or cause to be made or continued
any excessive, unnecessary, unreasonable or unusually loud noise which
either annoys, disturbs, injures or endangers or tends to annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety of
other persons or the public. Noncommercial public speaking activities
conducted at any public space or public right-of-way shall comply
with the Code of the Village of Amityville.
A.Â
Commercial, business and industrial operations.
(1)Â
No person shall operate or permit to be operated on a sound source
site a commercial business or industrial operation that produces a
sound level exceeding the limitations as provided in this subsection.
(2)Â
Sound which has entered residential or noise-sensitive zones.
(a)Â
Continuous sound in air which has crossed the property line
of such sound source site and enters property zoned for residential
use or property within a noise-sensitive zone shall not exceed either
of the following levels:
[1]Â
During the hours of 7:00 a.m. to 7:00 p.m.: a sound level in
excess of 65 dB(A) measured with the slow response of a sound-level
meter; or L10 in excess of 60 dB(A).
[2]Â
During the hours of 7:00 p.m. to 7:00 a.m. the following day:
a sound level in excess of 55 dB(A) measured with the slow response
of a sound-level meter; or an L10 in excess
of 50 dB(A).
(b)Â
The sound levels contained herein shall also apply to noise-sensitive
zones when such are in use.
(3)Â
Continuous sound in air which has crossed the property line of a
sound source site and enters property which is zoned for business
or property where the public in general congregates, excepting property
zoned for industrial use, shall not exceed either of the following
levels: a sound level in excess of 65 dB(A) measured with the slow
response of a sound-level meter; or an L10 in
excess of 60 dB(A).
(5)Â
Exposure to sound that has crossed the property line of a sound source
site and enters property zoned for industrial use shall not exceed
any of the following levels:
B.Â
Construction. No person shall operate or permit to be operated any
tools or equipment used in construction, drilling or demolition work:
(1)Â
Between the hours of 8:00 p.m. and 7:00 a.m. the following day on
weekdays or at any time on Sundays or legal holidays such that the
sound therefrom creates unreasonable noise across a residential real
property boundary line or within a noise-sensitive zone.
(2)Â
At any other times such that the continuous sound in air level at
or across a real property boundary exceeds an L10 of 80 dB(A).
(3)Â
At any other time such that the impulsive sound in air has a peak
sound pressure level at or across a real property boundary in excess
of 130 dB(A).
C.Â
Emergency warning devices. No person shall operate or cause to be
operated any emergency warning device except:
D.Â
Loading and unloading. No person shall engage in, cause or permit
the loading, unloading, opening, closing or other handling of boxes,
crates, containers, building materials or similar objects between
the hours of 8:00 p.m. and 6:00 a.m. the following day in such a manner
as to cause unreasonable noise across a residential real property
boundary.
E.Â
Modification of noise-control devices. No person shall operate or
cause the sound emitted from such device to be greater than that emitted
by such device as originally manufactured.
F.Â
Motor vehicle maximum sound levels.
(1)Â
No person shall operate or cause to be operated on a public highway
any motorcycle at any time, under any condition of grade, load, acceleration
or deceleration in such a manner as to exceed a sound level of 86
dB(A) measured at or adjusted to a distance of 50 feet or 15 meters
from the center of the lane in which the motorcycle is traveling.
(2)Â
Off-road recreational vehicles.
(a)Â
No person shall operate or permit the operation of any motor
vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000
pounds, or any equipment attached to such a vehicle, for a period
longer than 30 minutes in any hour while the vehicle is stationary
for reasons other than traffic congestion on a public right-of-way
or public space so that the sound therefrom is audible across a residential
real property boundary or designated noise-sensitive zone between
the hours of 8:00 p.m. and 7:00 a.m. of the following day.
(b)Â
This subsection shall not apply to authorized emergency vehicles
or to public utility vehicles actually engaged in any emergency repair
activity.
G.Â
Motorboats.
(1)Â
No person shall operate or permit to be operated any engine-powered
motorboat in any lake, river, stream or tidal waterway at any time,
at any speed or under any condition of load, acceleration or deceleration
or in any manner whatsoever, so as to exceed a sound level of 84 dB(A)
at the nearest shoreline or at 50 feet or 15 meters, whichever distance
is less.
(2)Â
This provision shall not apply to races or regattas conducted under
United States Coast Guard permit.
H.Â
Noise-sensitive zone. No person shall cause or permit the creation
of any sound by means of any device or otherwise on any sidewalk,
street or public place adjacent to any school, court, house of worship
or public library while such facility is in use, or adjacent to any
hospital or nursing home at any time, so that such sound disrupts
the normal activities conducted at such facilities or disturbs or
annoys persons making use of such facilities. The provisions of this
subsection shall only apply if there are conspicuous signs displayed
indicating the presence of such facilities.
I.Â
Places of public entertainment. 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, in
which the playing of any sound-reproduction device or similar device
creates a sound level in excess of 95 dB(A) sustained for more than
30 seconds at any point that is normally occupied by a customer, unless
a conspicuous and legible sign is located outside such place near
each public entrance stating, "Sound Levels Within May Cause Permanent
Learning Impairment."
J.Â
Sound-reproduction devices.
(1)Â
No person shall operate or cause to be operated a sound-reproduction
device that produces unreasonable or unnecessary noise. The operation
of any such device in such a manner as to create unnecessary or unreasonable
noise across a real property boundary or the operation of such device
by a passenger on a common carrier in such a way as to disturb any
other person on a common carrier is prohibited.
(2)Â
No person shall operate or cause to be operated or used any sound-reproduction
device for commercial or business advertising purposes or for the
purpose of attracting attention to any performance, show or sale or
display of merchandise in connection with any commercial operation,
including but not limited to the sale of radios, televisions, phonographs,
tape recorders, phonograph records or tapes, in front or outside of
any building, place or premises, or in or through any aperture of
such building, place or premises, abutting on or adjacent to a public
street, park or place, or in or upon any vehicle operated, standing
or being in or on any public street, park or place, or from any stand,
platform or other structure, or from any airplane or other device
used for flying over the Village of Amityville or on a boat or the
waters within the jurisdiction of the Village of Amityville, or anywhere
on public streets, parks or places. Nothing in this subsection is
intended to prohibit sounds emanating from sporting, entertainment
or other public events where such devices are used.
(3)Â
No person shall operate or use or cause to be operated or used any
sound-reproduction device in any public place in such a manner that
the sound emanating therefrom creates unnecessary or unreasonable
noise across a real property boundary.
L.Â
Street sales.
(1)Â
No person shall shout, yell, call, hoot, whistle or sing on public
streets or in public places so as to cause unnecessary or unreasonable
noise.
(2)Â
No person shall call for the purpose of advertising goods, services,
wares or merchandise within any area zoned for residential use so
as to cause unnecessary or unreasonable noise. The provisions of this
subsection shall not apply to the sale of merchandise, food and beverages
at authorized entertainment events such as parades, fairs and sporting
events.
M.Â
Vehicle or motorboat repairs and testing. No person shall cause or
permit the repairing, rebuilding, modifying or testing of any motor
vehicle, motorcycle or motorboat in such a manner as to cause unreasonable
noise across a residential real property boundary.
A.Â
The Village shall have the right to order an immediate halt to any sound which exposes any person, except those excluded by Subsection B below, to continuous sound levels in excess of those shown in Table I below or to impulsive sound levels in excess of those shown in Table II below. Within three days following issuance of such an order, the Village shall apply to the appropriate court for an injunction to replace such administrative order.
B.Â
No order pursuant to Subsection A shall be issued if the only persons exposed to sound levels in excess of those listed in Tables I and II below are exposed as a result of:
C.Â
Tables.
(1)Â
Table I.
Continuous Sound Levels Which Pose an Immediate Threat
to Health and Welfare
[measured at 50 feet (15 meters)]
| |
---|---|
Sound Level Limit
[dB(A)]
|
Duration
|
90
|
24 hours
|
93
|
12 hours
|
96
|
6 hours
|
99
|
3 hours
|
102
|
1 to 2 hours
|
105
|
45 minutes
|
108
|
22 minutes
|
(2)Â
Table II.
Impulsive Sound Levels Which Pose an Immediate Threat
to Health and Welfare
[measured at 50 feet (15 meters)]
| |
---|---|
Sound Level Limit
[dB(A)]
|
Number of Repetitions
(per twenty-four-hour period)
|
145
|
1
|
135
|
10
|
125
|
100
|
Any person who violates an order issued pursuant to § 114-5 shall for each day of violation be fined not more than $500.
The provisions of this chapter shall not apply to the following:
A.Â
Sporting, amusement and entertainment events during practice, rehearsal
and performance. This exception does not apply to sounds created by
the sound-reproduction devices of commercial operations, including
but not limited to music and loudspeakers.
B.Â
Sounds created by the means of propulsion of railroad trains only
when such railroad train is either in motion or idling for less than
30 minutes during loading.
C.Â
Emergency work and safety and protective devices used to alert persons
of an emergency.
A.Â
Any person seeking a special permit pursuant to this section shall
file an application with the Village Clerk. The application shall
contain information which demonstrates that bringing the source of
sound or activity for which such permit is sought into compliance
with this chapter would constitute an unreasonable hardship on the
applicant, on the community or on other persons. Such information
shall further include, but not be limited to, the following:
(1)Â
The plans, specifications and other information pertinent to such
sources.
(2)Â
The characteristics of the sound emitted by the source, including
but not limited to the sound levels, the presence of impulsive sounds
and the hours during which such sound is generated.
(3)Â
The noise abatement and control methods used to restrict the emission
of sound.
B.Â
Any person who claims to be adversely affected by allowance of such
permit may file a statement containing any information to support
his claim.
C.Â
In determining whether to grant or deny the application, the Board
of Trustees shall consider the hardship to the applicant, the effect
on the community and other persons of not granting such permit against
the adverse impact on the health, safety and welfare of persons affected,
adverse impact on property affected and any other adverse impacts
of granting such permit.
D.Â
If said permit is granted, it may contain restrictions and conditions,
including a time limit on the permitted activity.
Any person who violates any provision of this chapter shall
be subject to a fine of not less than $250 nor more than $350 for
each offense. Each day (twenty-four-hour-period) of violations of
any provision of this chapter shall constitute a separate offense.
Except where a person is acting in good faith to comply with an abatement order issued pursuant to § 114-10, violation of any provision of this chapter shall be cause for a summons to be issued.