[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.]
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.
AMBIENT NOISE
A-WEIGHTED SOUND LEVEL [dB(A)]
CONTINUOUS SOUND
EMERGENCY
IMPULSIVE SOUND
PEAK SOUND PRESSURE LEVEL
SOUND-LEVEL METER
SOUND PRESSURE LEVEL
SOUND REPRODUCTION DEVICE
SOUND SOURCE SITE
UNREASONABLE NOISE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
As used in this chapter, the following terms shall
have the meanings indicated:
The all-encompassing noise associated with a given environment,
being usually a composite of sounds from many sources.
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).
Any sound that is not an impulsive sound.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
A sound characterized by brief excursions of peak sound pressure
which significantly exceed the ambient sound.
The maximum absolute value of the instantaneous sound pressure
level during a specified time interval.
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.
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 usual or
unusual.
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.
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.
(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]
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]
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]
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.
(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:
(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:
(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:
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.
The provisions of this chapter shall not apply
to:
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.