[HISTORY: Adopted by the Board of Trustees
of the Village of Monroe 7-6-1999 by L.L. No. 3-1999. Amendments noted where
applicable.]
The Village Board finds that unreasonable noise,
as that term is defined herein, degrades the environment of the village
to a degree which is harmful and detrimental to the public health,
safety and welfare of its inhabitants. Such noise interferes with
the comfortable enjoyment of life, property and recreation and with
the conduct and operation of business and industry. No one has the
right to create unreasonable noise as defined herein. Effective control
and elimination of unreasonable noise is essential to the furtherance
of the public health, safety and welfare of the village's inhabitants
and to the conduct of the normal pursuits of life, recreation, commerce
and industrial activity.
For the purpose of this chapter, the terms used
herein are defined as follows:
The surrounding or steady background noise, as distinguished
from the specific noise which is the subject of the attempted measurement.
[Added 4-19-2022 by L.L. No. 5-2022]
The sound level in decibels measured using the A-weighted
network as specified in the American National Standard Specification
for sound-level meters.
[Added 4-19-2022 by L.L. No. 5-2022]
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
The unit for measuring the volume of sound.
[Added 4-19-2022 by L.L. No. 5-2022]
Any occurrence or set of circumstances involving actual or
imminent physical trauma or danger to human life or property damage
which demands immediate action.
Any work or action necessary to deliver essential services,
including, but not limited to, repairing water, gas, electricity,
telephone and sewer facilities and public transportation, removing
fallen trees on public rights-of-way and abating life-threatening
conditions.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or similar place that is owned or controlled by a governmental entity.
Any real property or structures located thereon owned or
controlled by a governmental entity.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Any property used for human habitation.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
Any instrument, including a microphone, amplifier, an output
meter, and frequency weighting networks for the measurement of noise
and sound levels in a specific manner and which complies with standards
established by the American National Standards Institute (ANSI) specifications
for sound-level meters.
[Added 4-19-2022 by L.L. No. 5-2022]
Any airborne sound or series of sounds of such
level and duration as to be or which tends to be injurious to human
health, safety or welfare or that would unreasonable interfere with
the enjoyment of life or property.
Any airborne sound or series of sounds that
would endanger the safety or health of or disturb a reasonable person
of normal sensitivities or endanger personal or real property.
Any sound or series of sounds so unreasonably
loud, noisy, offensive or disruptive as to cause public inconvenience,
annoyance or alarm.
The subject noise must exceed ambient noise by five decibels
or more in any octave band to be declared excessive or unreasonable.
Ambient noise levels are herein described for the following zoning
districts:
[Added 4-19-2022 by L.L.
No. 5-2022]
|
District
|
Noise Level
7:00 a.m. to 6:00 p.m.
|
Noise Level
6:00 p.m. to 7:00 a.m.
|
|---|---|---|
|
SR-20, SR-10, UR-M
|
50 dBA
|
45 dBA
|
|
CB, VR, GB
|
75 dBA
|
65 dBA
|
Sound projecting from one zoning district into another zoning
district having a lower noise-level limit shall not exceed the limits
of the district into which it is projected.
[Added 4-19-2022 by L.L.
No. 5-2022]
When instrumentation cannot be placed at the emanating site,
all noise measurements shall be made at the property line of the impacted
site.
[Added 4-19-2022 by L.L.
No. 5-2022]
Any carrier which is propelled or drawn on hand or water
by an engine or motor or other artificial or natural means of propulsion.
The Village of Monroe, Orange County, New York.
A.
It shall be unlawful for any person to willfully make
or continue or cause to be made or continued any loud, unreasonable
or unusual noises which disturbs the peace and quiet of any neighborhood
or which causes discomfort or annoyance to any person residing in
the area.
B.
The following acts are declared to be loud, unreasonable
or unusual noise in violation of this chapter.
(1)
The operation of any radio, electronic device or phonograph
or the use of any musical instrument in such a loud and unreasonable
manner or as to annoy or disturb the quiet, comfort or repose of the
public.
(2)
The keeping of any animal or bird which, by making
frequent or long-continued noise, disturbs the comfort and repose
of people in a residential area.
(3)
The use of any automobile, motorcycle, trail bike,
minibike, snowmobile, bus, vehicle, boat, truck, all-terrain vehicle,
motor-driven equipment or motor-driven vehicle or other type of water
or seagoing vessel in such a manner as to create loud, unreasonable
or unnatural grating, rattling or other noise.
(4)
The blowing of any steam whistle attached to any stationary
boiler except, to give notice of the time to begin and stop work or
as a warning of danger.
(5)
The discharge to the open air or the exhaust of any
steam engine, stationary internal-combustion engineer or motor vehicle
engine, except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(6)
The erection, excavation, demolition, alteration or
repair of any building other than between the hours of 7:00 a.m. and
9:00 p.m., prevailing time, weekdays and between the hours of 9:00
a.m. and 9:00 p.m., prevailing time, Saturdays and Sundays, except
in cases of urgent necessity in the interest of public safety as determined
by the Building Inspector or other applicable laws in the Code of
the Village of Monroe.
(7)
The creation of any noise of unreasonable extent and
duration on any street adjacent to any school, institution of learning
or court while the same is in session or adjacent to any hospital
which unreasonably interferes with the workings of such institutions,
provided that conspicuous signs are displayed in such streets indicating
that the same is a school, hospital or court street.
(8)
The creation of a loud and excessive noise in connection
with the loading or unloading of any vehicle or the opening and destruction
of bails, crates and containers in such a manner as to create an unreasonable
noise of unreasonable extent and duration.
(9)
The shouting and crying of peddlers, hawkers and vendors
which unreasonably disturbs the peace and quiet of the neighborhood.
(10)
The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention to any sale or display
of merchandise by the creation of noise.
(11)
The sounding of any horn or signal device on any vehicle,
motorcycle, bus or other device except as a warning signal pursuant
to the provision of Subdivision 1 of § 375 of the Vehicle
and Traffic Law of the State of New York.
(12)
The use of any radio apparatus, loudspeaker, amplifier
or other electronic device attached thereto in such manner that the
loudspeaker shall cause the sound from such radio apparatus or amplifier
to be projected directly therefrom outside of any building or out-of-doors
or the use of any radio apparatus, loudspeaker or amplifier which
is in any way fastened to or connected with any outside wall or window
in any building or structure so that the sound therefrom is projected
outside of such outside wall or window. Nothing herein contained shall
be construed to prevent the operation of a radio apparatus or electronic
device used in a reasonable manner by any person within any building
or structure, provided that said radio apparatus or loudspeaker is
not so arranged that such loudspeaker shall project the sound therefrom
directly outside of any building or out-of-doors.
(13)
The creation of any noise, including yelling, shouting
or hooting, which causes public inconvenience or alarm or disturbs
the public's peace, comfort or tranquility.
(14)
The use of unmuffled compression release engine brakes in excess
of 80 dB(A) within the boundaries of the Village.
[Added 4-19-2022 by L.L. No. 5-2022]
C.
Methods of measurement used to determine unreasonable noise.
[Added 4-19-2022 by L.L.
No. 5-2022]
(1)
Noise measurements shall be made with a sound-level meter and/or
compatible octave band analyzer manufactured according to the specification
of the American National Standards Institute, USA Standard Specification
for General Purpose Sound Level Meters and Preferred Center Frequencies
for Acoustical Measurements, or any subsequent nationally adopted
standard superseding the above standards.
(2)
Except where impractical, sound measurements shall be made from the
specific position of the complainant at the premises from which the
noise complaints are received and shall be made at a height of at
least three feet above the ground and three feet from the walls, barriers,
obstructions or other sound-reflective surfaces. Where the nature
of the noise permits, the slow response setting shall be used to obtain
the noise level on the sound-level meter. The sound analysis curve
shall be plotted in decibels upon the noise-rating chart, and the
highest portion of the curve in any octave band above a noise-rating
curve shall be the noise-rating number for the measurement. The average
curve of several noise measurements may be used to plot the sound
analysis curve.
(3)
When detailed sound analysis measurement cannot be made, a measurement
of the noise using the A scale of a standard sound-level meter may
be made, and the noise-rating number shall be determined by this measurement
minus eight decibels.
The following sounds shall not be deemed to
be a violation of this chapter:
A.
Sounds created by church bells or chimes.
B.
Sounds created by any government agency by the use
of public warning devices.
C.
Sounds created by lawn mowers between the hours of
7:00 a.m. and 9:00 p.m., prevailing time, weekdays and between the
hours of 9:00 a.m. and 8:00 p.m., prevailing time, Saturdays and Sundays.
[Amended 4-19-2022 by L.L. No. 5-2022]
D.
Sounds created by public utilities in carrying out
operations of their franchises.
E.
Sounds connected with sporting events of any public
or private school or authorized carnival, fair, exhibition, parade
or other such events open to and requested by the public at large
allowed by permit of the Town Board.
F.
Sounds on private property which do not carry beyond
the boundary lines of the property on which they are created.
G.
The use of loudspeakers in connection with voter registration
projects and, within 30 days prior to an election, the use of loudspeakers
in connection with election campaigns between 9:00 a.m. and 8:00 p.m.,
prevailing time.
H.
Between the hours of 7:00 a.m. and 9:00 p.m., sounds
created in the exercise of any trade, industry, business or employment,
provided that it is not conducted in such a manner as to create any
unreasonable, unnecessary or unusual noise of an unreasonable extent
and duration.
I.
Sounds created by snowblowers or other snow-removal
devices during hours that necessitate removal of snow; provided, however,
that the operation of such devices is conducted in a reasonable manner
and for a reasonable extent of time.
Whoever violates this chapter shall be fined
not more than $300 nor less than $100 for the first offense. Second
and subsequent offenses shall result in a mandatory fine of $300.
Whoever violates any provision of this chapter shall pay restitution
to the Village of Monroe in an amount equal to all costs and expenses,
including reasonable attorney's fees, incurred by the village in the
prosecution of this chapter.
[Amended 4-19-2022 by L.L. No. 5-2022]
The provisions of this chapter shall be administered and enforced
by the Code Enforcement Officer, Building Inspector or the Village
of Monroe Police Department (hereinafter, "enforcement officer") as
set forth herein. Violations may be established upon verbal or written
complaint by at least one person, or may be independently investigated
by the Code Enforcement Officer, Building Inspector or police officer
upon personal hearing of noise that may violate this chapter.
A.
Compliance orders. The enforcement officer is authorized to order
in writing the remedying of any condition or activity found to exist
in this chapter. Upon finding that any such condition or activity
exists, the Code Enforcement Officer shall issue a compliance order.
If the condition or activity is not remedied after immediately upon
the issuance of the compliance order or within a reasonable time as
determined by the enforcement officer, then an appearance ticket may
be issued as provided hereinafter.
B.
Appearance tickets. The enforcement officer is authorized to issue
an appearance ticket for any violation of the chapter.
C.
Penalties for offenses. Any person who violates any provision of
this chapter shall be deemed guilty of a violation and, upon conviction
thereof, shall be subject to penalties in a fine of not less than
$50 and not more than $250.
D.
In addition to those penalties prescribed herein, any person who
violates any provision of this chapter shall be liable for a civil
penalty of not more than $3,000 for each day or part thereof during
which such violation continues. The civil penalties provide by this
subsection shall be recoverable in an action instituted in the name
of the Village.
E.
If the violation is of a continuing nature, each eight-hour period
during which it occurs shall constitute an additional, separate and
distinct offense.
F.
Injunctive relief. An action or proceeding may be instituted in the
name of the Village, in a court of competent jurisdiction, to prevent,
restrain, enjoin, correct, or abate any violation of, or to enforce
any provision of, this chapter. In particular, but not by way of limitation,
where there is a violation of this chapter, an action or proceeding
may be commenced in the name of the Village, in the Supreme Court
or in any other court having the requisite jurisdiction, to obtain
an order directing abatement of the condition in violation of such
provisions. No action or proceeding described in this subsection shall
be commenced without the appropriate authorization from the Village
Board of Trustees.
G.
Remedies not exclusive. No remedy or penalty specified in this section
shall be the exclusive remedy or penalty available to address any
violation described in this chapter. Any remedy or penalty specified
in this section may be pursued at any time, whether prior to, simultaneously
with, or after the pursuit of any other remedy or penalty specified
in this section.
H.
In addition to the above-provided remedies, the Village Board may
also seek reimbursement to the Village for costs incurred by the Village
in identifying and remedying each violation, including but not limited
to reasonable attorneys' fees.
No provision of this chapter shall be construed
to impair any common law or statutory cause of action or legal remedy
therefrom of any person for injury or damage arising from any violation
of this chapter.
