[HISTORY: Adopted by the Town Board of the
Town of Niskayuna 7-16-1996 by L.L. No. 4-1996. Amendments noted where
applicable.]
Noise of such character, intensity and duration
as to be detrimental to the life or health of any individual or contrary
to the public welfare is prohibited. No person, partnership or corporation
shall make or cause to be made or permitted any unnecessary and unreasonably
loud, disturbing noise or any loud, raucous, annoying sounds, noises
or disturbances so as to disturb, annoy, injure or endanger the health
or welfare of people within the Town of Niskayuna.
For the purpose of this chapter, the terms used
herein are defined as follows:
A unit of measurement used to express the level of intensity
of sound, "B," equal to 20 times the common logarithm (base 10) of the ratio of the pressure, "P," produced by the
sound wave to a reference pressure, "Po," usually at the auditory
threshold, 0.0003 dyne/cm2:
|
B = 20[log (P/Po)]
|
Any apparatus or device for the reproduction or amplification
of the human voice or other sounds.
That which is not required, essential or indispensable by
the usual circumstances.
The following acts, among others, are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but the enumeration herein shall not be deemed to be exclusive:
A.
The operation of any audio device, such as a radio, phonograph, audio cassette or compact disk player, or use of any musical instrument in such a manner or with such volume as to exceed the maximum decibel levels set forth in § 142-3C of this chapter.
B.
All construction activity, including but not limited
to excavation, demolition, paving, construction, alteration or repair
of any building, other than between 7:00 a.m. and 9:00 p.m. Monday
through Friday and 8:00 a.m. to 8:00 p.m. on Saturday and Sunday,
except in case of urgent necessity in the interest of public safety
as determined by the Building Inspector, Highway Superintendent, Commissioner
of Public Works, Chief of Police or Fire Chief or their designees.
[Amended 10-23-2018 by L.L. No. 4-2018]
C.
The creation of any noise at or beyond the outer boundary
of the premises which exceeds 70 decibels above the auditory threshold
between the hours of 7:00 a.m. and 9:00 p.m. and 60 decibels above
the auditory threshold between the hours of 9:00 p.m. and 7:00 a.m.,
as measured at the property line of property from which such noise
originates. The sound level may exceed these established levels during
a total period not to exceed six minutes in any single 60 minutes
and then shall not exceed those established sound levels by more than
10 decibels, unless otherwise prohibited by other sections of this
chapter.
The following sounds shall not be deemed to
be a violation of this chapter:
A.
Sounds created by houses of worship bells or chimes.
B.
Sounds created by any government agency by the use
of public warning devices or in the performance of its public duties.
C.
Sounds created by chain saws, lawn mowers or other
motorized lawn and garden maintenance devices in use between the hours
of 7:00 a.m. and 9:00 p.m.
D.
Sounds created by public utilities in carrying out
the operations of their franchises.
E.
Crowd noise (but not amplified announcements) connected
with sporting or other events of any public or private school; or
sounds associated with an authorized carnival, fair, exhibition, parade,
etc., allowed by permit of the Town.
F.
Customary and usual sounds made by farm animals located
on farm premises.
G.
Sounds created by snow-removal equipment during or
following a snowfall and sounds created by repairs necessary to meet
emergency conditions of a temporary nature and which require immediate
action tow avoid public health, safety or welfare concerns.
H.
Sounds created by alarms subject to the provisions of Chapter 55 of the Code of the Town of Niskayuna.
I.
Sounds created by residential heat pumps/air-conditioning
units.
[Added 6-1-2004 by L.L. No. 12-2004]
This chapter may be enforced by the Code Enforcement
Officer of the Town of Niskayuna or any other law enforcement officer
of the Town of Niskayuna.
Any person or persons, association, firm or
corporation who shall violate any of the provisions of this chapter
shall be guilty of an offense and shall be punishable by a fine of
not more than $250 or imprisonment for not more than 15 days, or both.
Each day that a violation continues shall be deemed a separate offense.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this chapter but shall be confined
in its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the litigation in which such judgment
shall have been rendered.
This chapter shall take effect immediately.
