The Town of Ossining recognizes that excessive
noise is detrimental to the public health, safety and welfare and
is inimical to the predominantly residential character of the Town.
The purpose of this enactment is to prohibit the creation of unreasonably
loud or disturbing noise.
As used in this chapter, the following terms
shall have the meanings indicated:
AFFECTED PERSON
Any person who has registered a noise complaint with an authorized
enforcement agency that he or she is the receptor of noise on a property
which is in a protected property category, and said affected person
has an interest in the protected property as an owner, tenant, or
employee.
A.N.S.I.
The American National Standards Institute or its successor
body.
HOLIDAYS
Those days recognized as holidays by New York State.
MULTI-DWELLING-UNIT BUILDING
Any building comprising two or more dwelling units, including,
but not limited to, apartments, condominiums, co-ops, multiple-family
houses, townhouses, and attached residences.
MULTI-USE PROPERTY
Any distinct parcel of land that is used for more than one
category of activity. Examples include, but are not limited to:
A.
A commercial, residential, industrial or public
service property having boilers, incinerators, elevators, automatic
garage doors, air conditioners, laundry rooms, utility provisions,
or health and recreational facilities, or other similar devices or
areas, either in the interior or on the exterior of the building,
which may be a source of elevated sound levels at another location
on the same distinct parcel of land which is in a different category;
or
B.
A building which is both commercial (usually
on the ground floor) and residential (located above, behind, below
or adjacent).
NOISE-SENSITIVE
Activities which should be conducted under conditions of
exceptional quiet, including, but not limited to, operation of schools,
libraries open to the public, houses of worship, and outpatient medical
facilities.
REAL PROPERTY LINE
Either:
A.
The imaginary line, including its vertical extension,
that separates one parcel of real property from another;
B.
The vertical and horizontal boundaries of a
dwelling unit that is part of a multi-dwelling unit building; or
C.
On a multi-use property, the interface between
the two portions of the property on which different categories of
activity are being performed (e.g., if the multi-use property is a
building which is residential upstairs and commercial downstairs,
then the real property line would be the interface between the residential
area and the commercial area).
RESIDENTIAL PROPERTY
A receiving land use classification in this Code, which refers
to property used for human habitation including, but not limited to:
A.
Private property used for human habitation.
B.
Commercial living accommodations and commercial
property used for human habitation, such as a hotel or apartment house.
C.
Hospitals, long-term medical or residential
care facilities.
SOUND LEVEL
The weighted sound-pressure level obtained by the use of
a sound-level meter utilizing the A-weighting network, as specified
in ANSI specifications for sound-level meters (ANSI Standard 1.4-1971,
or the latest approved revision thereof).
SOUND-LEVEL METER
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under ANSI Specifications S1.4-1971
or the latest approved revision thereof.
SOUND-PRODUCTION DEVICE
Any device that is used for the production of sound, including,
but not limited to, any musical instrument, loudspeaker, radio, television,
tape recorder, phonograph, or any other sound-producing or sound-amplifying
equipment.
This chapter shall be applied only to facilities
and operations about which an affected person has lodged a complaint
with an authorized enforcement agent or agency. Unless otherwise specified,
compliance determinations shall be conducted only on the property
of the affected person regardless of whether there are other receptors
in closer proximity to the source under investigation. The requirement
of a complaint does not apply to portable or vehicular sound sources
operated in a public space or public right-of-way.
The following acts, among others, are declared
to be loud and disturbing noises in violation of this chapter. Any
enumeration herein shall not be deemed to be exclusive:
A. Sound-production devices. No person shall operate
or use or cause to be operated loudspeakers, musical instruments or
other sound production devices so as to produce sounds which are plainly
audible inside a residence between the hours of 10:00 p.m. and 7:00
a.m. At no time shall sound from these sources exceed the limitations
set forth in Table I, which shall be reduced by five dBA for sound
from sound-production devices. Sound-level measurements for compliance
determination shall be conducted at or within the property line of
an affected person. In addition, loudspeakers and other sound equipment
must face into the geometric center of the property on which they
are located.
B. Animals. The owner of any animal that barks, whines,
howls or makes any other noise for a period of 10 minutes or more
at a volume which can be heard anywhere at or within the property
of a complainant shall be guilty of violating this chapter.
C. Honking of horns. The honking of horns on motor vehicles,
for other than emergency purposes, is hereby prohibited between the
hours of 9:00 p.m. and 6:30 a.m. on Mondays through Saturdays and
9:00 p.m. to 9:00 a.m. on Sundays and holidays.
D. Idling of vehicles. Diesel or gas powered engines
on vehicles parked within the Town may not be idled between the hours
of 9:00 p.m. and 6:30 a.m. in such a manner that they are audible
within a residence for more than five minutes.
Upon the trial of any person charged with creating
unreasonably loud or disturbing noise in violation of this chapter,
the court may admit evidence of sound-pressure levels in decibels
as shown by a standard calibrated sound meter. For the purpose of
this section, evidence that noise exceeding the maximum sound-pressure
levels, in decibels, as provided in Table I hereof, may be admitted as prima facie evidence that the noise
was unreasonably loud and/or disturbing.