[HISTORY: Adopted by the Town Board of the
Town of Clay 5-1-1978 as Ch. 68 of the 1978 Code. Amendments noted where applicable.]
This chapter shall be known as the "Noise Ordinance
of the Town of Clay."
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 far and near.
A unit of level when the base of a logarithm is 10. Use of
the "bel" is restricted to levels of quantities proportional to power.
A weighted sound pressure level in accordance with the requirements
set forth in IEC (International Electrotechnical Commission) Recommendation
Publication 179.
A weighted sound pressure level in accordance with the requirements
set forth in the draft secretariat revision, November 1967, of ISO
(International Organization for Standardization) Recommendation Publication
507.
One-tenth of a bel and a unit of level when the base of the
logarithm is the 10th root of 10, and the quantities concerned are
proportional to power.
The frequency of a function periodic in time is the reciprocal
of the period. The unit is a cycle per unit time (C.P.S.) or hertz
(Hz).
A unit of pressure commonly used in acoustics and equal to
one dyne per square centimeter.
Any undesired sound or unwanted disturbance, such as a substantial
increase in the ambient noise caused by the operation of any mechanism
or device.
An instrument for the measurement of noise and sound levels
in a specified manner; an instrument which includes a microphone,
amplifier, output meter and frequency weighting meter-works.
The sound pressure level, in decibels, of a sound is 20 times
the logarithm to the base 10 of the ratio of the pressure of this
sound to the reference pressure, which reference pressure must be
explicitly stated.
Any noise having a duration in excess of one minute; the
limits of Table 1 of this chapter shall apply.
Any noise having the duration of one minute or less; the
limits of Table 1 of this chapter shall apply.
A sound pressure level in decibels that is weighted as a
function of a specific frequency response, as required by IEC 179
or ISO 507.
It is hereby declared to be a town policy to
prevent any unreasonable noise detrimental to the public welfare.
The prohibitory clauses of this chapter shall not apply to mechanisms
or devices used in the home and real property maintenance, repair
and improvement. The following examples are inclusive but not exclusive:
lawn mowers, hedge clippers, power saws, snowblowers and rototillers,
so long as such mechanisms or devices are used between the hours of
7:00 a.m. and 9:00 p.m.
The following acts are prohibited:
A.
Noise associated with the use and operation of motorcycles,
snowmobiles and motor scooters in such a manner that noise in excess
of normal sounds of operation are created, and in no event in excess
of the noise level limits set forth in Table 1[1] hereof.
B.
Noise caused by the acceleration and deceleration
of automobiles, specifically including noise caused by screeching
of tires on pavement.
C.
Noise associated with the private rebuilding, tuning
and testing of motor vehicles on private property and public streets,
other than at duly established garages or race tracks designed for
the building, tuning and testing of such vehicles.
D.
Noise associated with the use or operation of any
radio, phonograph or use of any musical instrument in such a manner
or with such volume so as to disturb the repose of persons in any
dwelling, hotel or other residence, and in no event in excess of the
noise level limits set forth in Table 1 hereof.
E.
Noise associated with the keeping of any animal or
bird, except livestock kept on operating farms, which shall disturb
the comfort or repose or damage the business of persons residing or
conducting business in the immediate vicinity thereof, or their guests
or customers in excess of the ambient noise level, and in no event
in excess of the noise level limits set forth in Table 1 hereof.
[Amended 8-20-2001 by L.L. No. 1-2001]
F.
Noise associated with the discharge into the open
air of the exhaust of any steam engine or motor vehicle engine, except
through a muffler or other device which will prevent loud or explosive
noises therefrom by reason of its design and operation.
G.
Noise originating from noise-making devices, explosives,
or mechanisms designed to alarm or frighten birds and animals used
between the hours of 1/2 hour after official local sundown time and
1/2 hour before official local sunrise time.
H.
Noise associated with the erection, excavation, demolition,
alteration or repair of any building or other construction, reconstruction,
or demolition activity other than between 7:00 a.m. and 7:00 p.m.
on weekdays, or between 8:00 a.m. and 5:00 p.m. on Saturday, except
in the event that a finding of urgent necessity in the interest of
public welfare or safety may be made by the Commissioner of Planning
and Development who shall then issue a permit to allow such activity.
Such permit may be requested for a period of three days or less while
the emergency continues.
[Amended 8-15-2005 by Ord. No. 2005-01]
I.
Noise on the streets adjacent to any school, institution
of learning or court while the same is in session or adjacent to any
hospital or nursing home, which unreasonably interferes with the workings
of such institution, provided conspicuous signs are displayed in such
streets indicating that the same is a school, court, hospital or nursing
home upon the complaint of a representative of such school, court,
hospital or nursing home.
J.
Noise caused by peddlers, hawkers and vendors in soliciting
trade which disturbs the peace and quiet of the neighborhood.
K.
Except as hereinafter provided, noise associated with
the use of any musical instrument, radio apparatus or talking machine
with loudspeaker or amplifier attached thereto in such a manner that
the same shall cause the sound from such musical instrument, radio
apparatus or talking machine to be projected outside of any building
or out-of-doors; or the use of any radio apparatus, talking machine,
loudspeaker or amplifier which is in any way fastened to or connected
with any outside wall or window. Nothing herein contained shall be
construed to prevent the operation of a musical instrument, radio
apparatus or talking machine used in a reasonable manner by any person
within any building, structure or automobile, provided that the same
shall not project the sound therefrom directly outside of any building
or out-of-doors, nor is the projection of such sound out-of-doors
prohibited provided it is confined to a private recreation area and
does not exceed the noise level limits set forth in Table 1 hereof.
L.
No person shall operate or cause to be operated any
mechanism, device, or equipment including any engine, motor, amplifier,
speaker, bell, horn, drum, hoist, pump, exhaust fan, attic fan, air-conditioning
apparatus or similar mechanical device, in such a manner as to create
a noise at the offender's property line exceeding the level set forth
in Table 1 hereof.
|
TABLE 1
(dB re 0.0002 microbars)
Noise Level Limits at Property Line
| ||||||
|---|---|---|---|---|---|---|
|
Steady-State
|
Transient
| |||||
|
dB(A)
|
dB(D)
|
dB(A)
|
dB(D)
| |||
|
Daily
7:00 a.m. to 9:00 p.m.
|
52
|
59
|
72
|
79
| ||
|
Evenings
9:00 p.m. to 7:00 a.m.
|
45
|
52
|
65
|
72
| ||
|
NOTE: The above limits may be measured according
to the dB(A) or dB(D) method. Readings on an appropriate instrument
using the slow response are valid readings for the purpose of this
chapter. The readings will be valid if the operator of the instrument,
in his expert opinion, reads them as specific decibel levels even
though fluctuations above and below the readings exist.
|
The Commissioner of Planning and Development
may issue, at his or her discretion, a special permit to allow noise
levels above the stated levels to permit a charitable activity or
special event of unusual interest to be conducted by a not-for-profit
or public service organization or by the town government. Such special
permit shall be issued for a period of time of not more than 12 hours,
nor for more than three consecutive days.
[Added 10-19-2009 by Ord. No. 2009-02[1]]
Emergency equipment is not required to meet noise level (decibel)
limitations during actual emergency use.
Any person or organization committing an offense
against any provisions of this chapter shall, upon conviction, be
guilty of a violation pursuant to the Penal Law of the State of New
York punishable by a fine not exceeding $250 or by imprisonment for
a term not exceeding 15 days, or both such fine and imprisonment.
The continuation of an offense for each day (24 hours) shall be deemed
a distinct and separate offense.
