Village of East Rockaway, NY Chapter 194 Noise

[HISTORY: Adopted by the Board of Trustees of the Village of East Rockaway during codification; see Ch. 1, General Provisions, Art. II. Amendments noted where applicable.]

GENERAL REFERENCES

Alarms — See Ch. 73.

Public entertainment — See Ch. 134.

§ 194-1 Definitions.

A. All terminology defined herein which relates to the nature of sound and the mechanical detection and recordation of sound is in conformance with the terminology of the American National Standards Institute or its successor body.

B. As used in this chapter, the following terms shall have the meanings indicated:

AMBIENT NOISE

The all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources.

A-WEIGHTED SOUND LEVEL [dB(A)]

The sound pressure level in decibels as measured on a sound-level meter using the A-weighting network slow response. The level so read is designated dB(A).

CONTINUOUS SOUND

Any sound that is not an impulsive sound.

EMERGENCY

Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

IMPULSIVE SOUND

A sound characterized by brief excursions of peak sound pressure which significantly exceed the ambient sound.

PEAK SOUND PRESSURE LEVEL

The maximum absolute value of the instantaneous sound pressure level during a specified time interval.

SOUND-LEVEL METER

An instrument, including a microphone, an amplifier, an output meter and frequency-weighting networks, for the measure of sound levels.

SOUND PRESSURE LEVEL

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.

SOUND REPRODUCTION 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, phonograph, loudspeaker, public-address system or any other sound-amplifying device.

SOUND SOURCE SITE

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.

UNREASONABLE NOISE

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:

(1) The volume of the noise.

(2) The intensity of the noise.

(3) Whether the nature of the noise is usual or unusual.

(4) Whether the origin of the noise is usual or unusual.

(5) The volume and intensity of the background noise, if any.

(6) The proximity of the noise to residential sleeping facilities.

(7) The nature and the zoning district of the areas within which the noise emanates.

(8) The time of the day or night the noise occurs.

(9) The time duration of the noise.

(10) Whether the sound source is temporary.

(11) Whether the noise is continuous or impulsive.

§ 194-2 Restrictions.

No person shall make, continue or cause or suffer to be made or continued any unreasonable noise as defined in § 194-1 hereof. In particular, without limitation of the foregoing provision of this section, the following enumerated acts are declared to be in violation of this section:

A. Sound reproduction devices.

(1) No person shall operate or cause to be operated a sound reproduction device that produces unreasonable noise. The operation of any such device in such a manner as to create 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) No person shall operate, use 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, abutting on or adjacent to a public street, park or place, where the sound therefrom may be heard upon any public street, park or place or from any stand, platform or other structure; of from any airplane or other device used for flying over the Village of East Rockaway; or on a boat or on the waters within the jurisdiction of the Village of East Rockaway: 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) 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 unreasonable noise across a real property boundary.

B. Shouting and peddling.

(1) No person shall shout, yell, call, hoot, whistle or sing on public streets or in public places so as to cause unreasonable noise.[1]

[1] Editor's Note: For related provisions, see Ch. 217, Peace and Good Order.

(2) 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 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.[2]

[2] Editor's Note: For related provisions, see Ch. 171, Hawking, Soliciting and Vending.

C. Animals and birds. No person shall keep, permit or maintain any animal, including a bird, under his control which frequently or for continued duration makes sounds which create unreasonable noise across a residential real property boundary.[3]

[3] Editor's Note: For related provisions, see Ch. 118, Dogs and Other Animals.

D. Noise-sensitive zones. 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.

E. Loading and unloading.

(1) 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 7:00 a.m. the following day in such a manner as to cause unreasonable noise across a residential real property boundary.

(2) This provision shall not apply to the operation of any business as to which covenants were recorded prior to the enactment of this chapter by direction of any agency of the Village of East Rockaway setting forth a limitation for the conducting of the activities set forth in Subsection E(1) above during hours other than those set forth in such subsection. In such case, the hours set forth in the covenant shall control.

F. Horns and signaling devices. No person shall cause or permit to be caused the sounding of any horn or other auditory signaling device on or in any motor vehicle except to serve as a danger warning.

G. Squealing tires. No person shall operate a vehicle in such a manner as to cause unnecessary noise by spinning or squealing the tires of such vehicle.

H. Motorboats. No person shall operate or permit to be operated any engine-powered motorboat in any lake, river, stream or other waterway at any time, at any speed or under any condition of load, acceleration or deceleration or in any manner whatsoever as to exceed a sound level of 80 dB(A) at any shoreline.[4]

[4] Editor's Note: For related provisions, see Ch. 96, Boats.

I. Standing motor vehicles.

[Amended 3-10-2008 by L.L. No. 2-2008]

(1) No person shall operate or permit to be operated the engine of any motor vehicle, or any auxiliary equipment attached to such vehicle, for a period longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on any public or private property.

(2) No owner, lessee or occupant of land shall permit any person on the premises to operate the engine of any motor vehicle, or any auxiliary equipment attached to such vehicle, for a period longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on any public or private property.

(3) This subsection shall not apply to authorized emergency vehicles or to public utility vehicles actually engaged in any emergency repair activity.

J. 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.

K. Air-conditioning and air-handling devices.

(1) Except as provided by Subsection K(4) of this section, no person shall operate or permit to be operated an air-conditioning or air-handling device that exceeds the maximum sound-level limitations provided in this section.

(2) In areas zoned residential, continuous sound in air which has crossed the property line shall not exceed any of the following sound levels:

(a) Fifty-five dB(A) at any point.

(b) Fifty dB(A) outside of a living area window measured not more than three feet from the window opening.

(3) In areas zoned for multiple dwellings or apartments, continuous sound in air shall not exceed 50 dB(A) outside any living-area window measured not more than three feet from the window opening.

(4) The provisions of this subsection shall not apply if the sound from the air conditioner or air-handling device produces an increase of less than a five dB(A) in the sound level that exists in the absence of such a sound.

L. Construction.

[Amended 3-10-2008 by L.L. No. 2-2008]

(1) No person shall operate or permit to be operated any tools or equipment used in construction, drilling or demolition work:

(a) On weekdays and Saturdays between the hours of 8:00 p.m. and 7:00 a.m. the following day, or at any time on Sundays or legal holidays, such that the sound therefrom creates unreasonable noise across a residential real property boundary.

(b) At any other time such that the continuous sound-in-air level at or across a real property boundary exceeds an L₁₀ of 80 dB(A).

(c) 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).

(2) The provisions of this subsection shall not apply to emergency work.

M. Commercial, business and industrial operation.

(1) No person shall operate or permit to he 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) 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:

(a) During the hours of 7:00 a.m. to 7:00 p.m.:

[1] A sound level in excess of 65 dB(A) measured with the slow response of a sound-level meter.

[2] An L₁₀ in excess of 60 dB(A).

(b) During the hours of 7:00 p.m. to 7:00 a.m. the following day:

[1] A sound level in excess of 55 dB(A) measured with the slow response of a sound-level meter.

[2] An L₁₀ in excess of 50 dB(A).

(c) The sound levels contained herein shall not apply to noise-sensitive zones when the facilities in such zones are not in use.

(3) 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, except property zoned for industrial use, shall not exceed either of the following levels:

(a) A sound level in excess of 65 dB(A) measured with the slow response of a sound-level meter.

(b) An L₁₀ in excess of 60 dB(A).

(4) The sound levels specified in Subsection M(2) and (3) shall be decreased by five decibels if the sound contains impulsive sound characteristics.

(5) 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:

(a) Continuous sound in air.

	Duration per Day (24 hours)	Sound Level 80 dB(A) (slow response)
	16	82
	8	85
	4	88
	2	91
	1	94
	1/2	97
	1/4	100

(b) Impulsive sound in air which has a peak pressure level in excess of 130 decibels.

N. Prohibited noise. No person owner, lessee or occupant shall operate or permit any person on the premises to operate any device, or engage in any activity, that produces a sound that is audible across a real property boundary during any of the following hours:

[Added 3-10-2008 by L.L. No. 2-2008; amended 10-17-2011 by L.L. No. 12-2011]

(1) On Monday through Thursday (other than legal holidays) before 8:00 a.m. or after 10:00 p.m.

(2) On Friday, (other than legal holidays) before 8:00 a.m. or after 11:00 p.m.

(3) On Saturdays and those Sundays followed immediately by a legal holiday, and legal holidays followed immediately by a weekend, before 10:00 a.m. and after 11:00 p.m.

(4) On Sundays not followed by a legal holiday, and legal holidays followed immediately by a weekday, before 10:00 a.m. or after 10:00 p.m.

§ 194-3 Exceptions.

The provisions of this chapter shall not apply to:

A. The emission of sound for the purpose of alerting persons to the existence of an emergency.

B. The emission of sound in the performance of emergency work.

§ 194-4 Variances.

A. The Zoning Board of Appeals of the Village of East Rockaway shall have the authority, consistent with this section, to grant variances to this chapter.

B. Any person seeking a variance pursuant to this section shall file an application with the Zoning Board of Appeals. The application shall consist of a letter signed by the applicant and containing a legal form of verification. Such letter shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. In addition, the following information shall be provided:

(1) The plan, specifications and other information pertinent to such sources.

(2) 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) The noise abatement and control methods used to restrict the emission of sound.

C. The Zoning Board of Appeals, upon receipt of such application and upon payment of any fee which shall be required by resolution of the Village Board, shall set the matter down for a public hearing to be held within 30 days from the date the application is submitted. The Zoning Board of Appeals shall cause publication of such public hearing to be given in the official newspaper of the village in the same manner as an application to the Zoning Board of Appeals is published. The applicant in like manner shall give notice of the application by certified mail to all property owners surrounding the sound source site within a radius of 200 feet from the borders of said site.

D. In determining whether to grant or deny the application, the Zoning Board of Appeals shall balance the hardship to the applicant, the community and other persons of not granting the variance against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on the property affected and any other adverse impacts of granting the special variance.

E. The Zoning Board of Appeals shall cause the taking of sound-level readings by an agency to be designated by the Zoning Board of Appeals in the event that there shall be any dispute as to the sound levels prevailing or to prevail at the sound source site.

F. The Zoning Board of Appeals shall have the power to impose restrictions, conditions and the recording of covenants upon any sound source site, including time limits on permitted activity in the event that it shall grant any variance hereunder.