[HISTORY: Adopted by the Town Board of the
Town of Brookhaven 6-16-1987 by L.L. No. 7-1987. Amendments noted where
applicable.]
A.
Whereas excessive sound is a serious hazard to the
public health, welfare, safety and the quality of life; and whereas
a substantial body of science and technology exists by which excessive
sound may be substantially abated; and whereas the people have a right
to and should be ensured of an environment free from excessive sound;
now, therefore, it is the policy of the Town of Brookhaven to prevent
excessive sound that may jeopardize the health, welfare or safety
of the citizens or degrade the quality of life.
B.
This chapter shall apply to the control of sound originating
from stationary and certain mobile sources within the limits of the
Town of Brookhaven.
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.
A-WEIGHTED SOUND PRESSURE LEVEL
COMMERCIAL AREA
COMMERCIAL PROPERTY
CONSTRUCTION
DECIBEL (dB)
DEMOLITION
EMERGENCY WORK
INDUSTRIAL PROPERTY
MOTOR VEHICLE
MULTIDWELLING BUILDINGS
NOISE
NOISE CONTROL ADMINISTRATOR
NOISE CONTROL OFFICER
NOISE DISTURBANCE
PERSON
PUBLIC RIGHT-OF-WAY
PUBLIC SPACE
REAL PROPERTY LINE
RESIDENTIAL AREA
RESIDENTIAL PROPERTY
SOUND LEVEL
SOUND LEVEL METER
SOUND PRESSURE LEVEL
WEEKDAY
As used in this chapter, the following terms shall
have the meanings indicated:
The sound pressure level measured in decibels with a sound
level meter set for A-weighting, abbreviated "dBA."
A group of commercial properties and the abutting public
rights-of-way and public spaces.
Any property currently or hereinafter zoned for any classification
of business or commercial zoning according to the Zoning Map of the
Town of Brookhaven or any facility or property used for activities
involving the furnishing or handling of goods or services, including
but not limited to:
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition, of buildings or structures.
The practical unit of measurement for sound pressure level.
The number of decibels of a measured sound is equal to 20 times the
logarithm of the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals),
abbreviated "dB."
Any dismantling, intentional destruction or removal of buildings
or structures.
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 facility or property used for activities involving the
production, fabrication, packaging, storage, warehousing, shipping
or distribution of goods, including any property currently or hereinafter
zoned for any classification of industrial zoning according to the
Zoning Map of the Town of Brookhaven.
Any vehicle which is propelled or drawn on land by an engine
or motor.
Any building wherein there are two or more dwelling units.
Any airborne sounds of such level and duration as to be or
tend to be injurious to human health or welfare or that would unreasonably
interfere with the enjoyment of life or property.
The noise control officer designated as the official liaison
with all municipal departments, empowered to grant permit for variances.
Any employee of the Town of Brookhaven trained in the measurement
of sound and empowered to issue a summons for violations of this chapter.
Any sound that:
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 thereon that are owned or
controlled by a governmental entity.
Either:
A group of residential properties and the abutting public
rights-of-way and public spaces.
Any property used for human habitation.
The sound pressure level measured in decibels with a sound
level meter set for A-weighting. Sound level is expressed in dBA.
An instrument for the measurement of sound levels.
The level of a sound measured in decibel units with a sound
level meter which has a uniform response over the band of frequencies
measured.
Any day, Monday through Friday, that is not a legal holiday.
A.
The provisions of this chapter shall be enforced by
the noise control officers.
B.
The Noise Control Administrator shall have the power
to:
(1)
Coordinate the noise control activities of all municipal
departments and cooperate with all other public bodies and agencies
to the extent practicable.
(2)
Review the actions of other municipal departments
and advise such departments of the effect, if any, of such actions
on noise control.
(3)
Review public and private projects, subject to mandatory
review or approval by other departments, for compliance with this
chapter.
C.
The Noise Control Administrator shall have the authority to grant permit for variances as provided in § 50-8 of this chapter.
D.
The Noise Control Administrator shall not use this
chapter in situations within the jurisdiction of the Federal Occupational
Safety and Health Act.
A.
All departments and agencies of the Town of Brookhaven
shall, to the fullest extent consistent with other law, carry out
their programs in such a manner as to further the policy of this chapter
and shall cooperate with the Noise Control Administrator in the implementation
and enforcement of this chapter.
B.
All departments charged with new projects or changes
to existing projects that may result in the production of noise shall
consult with the Noise Control Administrator prior to the approval
of such projects to ensure that such activities comply with the provisions
of this chapter.
A.
No person shall cause, suffer, allow or permit the operation of any source of sound on a particular category of property or any public land or right-of-way in such a manner as to create a sound level that exceeds the particular sound level limits set forth in Table I[1] when measured at or within the real property line of the receiving property, except those acts specifically prohibited in § 50-6 of this chapter for which no measurement of sound is required.
[1]
Editor's Note: Table I is included at the end of this chapter.
B.
When measuring noise within a multidwelling unit,
all doors and windows shall be closed, and the measurements shall
be taken in the center of the room.
C.
The following are exempt from the A-weighted sound pressure level limits of Table I:
(1)
Noise from domestic power tools, lawn mowers and agricultural
equipment, when operated with a muffler, between the hours of 8:00
a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends
and legal holidays, provided that they produce less than 85 dBA at
any real property line of a residential property.
(2)
Sound from church bells and church chimes when part
of a religious observance or service.
(4)
Noise from snowblowers, snow throwers and snowplows,
when operated with a muffler, for the purpose of snow removal.
(5)
Noise from stationary emergency signaling devices
owned and operated by any public utility, municipal subdivision, Fire
Department or ambulance corps when used in connection with an emergency
or for testing purposes.
(6)
Noise from a burglar alarm of any building or motor
vehicle, provided that such burglar alarm shall terminate its operation
within 15 minutes after it has been activated and shall not be operated
more than 15 minutes in any one-hour period.
A.
No person shall cause, suffer, allow or permit to
be made verbally or mechanically any noise disturbance. Noncommercial
public speaking and public assembly activities conducted on any public
space or public right-of-way shall be exempt from the operation of
this section.
B.
No person shall cause, suffer, allow or permit the
following acts:
(1)
Sound reproduction systems: operating, playing or permitting the operation or playing of any radio, television, phonograph or similar device that reproduces or amplifies sound in such a manner as to create a noise disturbance for any person other than the operator of the device. However, the playing of bands or other music on any commercial property shall be governed by § 50-5.
[Amended 3-19-1996 by L.L. No. 10-1996, effective 3-22-1996]
(2)
Loudspeakers and public address systems: use or operation
of any loudspeaker public address system or similar device between
the hours of 10:00 p.m. and 7:00 a.m. in the following day during
weekdays and between 10:00 p.m. and 11:00 a.m. in the following day
on Saturdays and Sundays, except when used in connection with a public
emergency by officers of any Police Department, Fire Department or
of any municipal entity.
(3)
Animals and birds: owning, possessing or harboring
any pet animal or pet bird that frequently or for continued duration
makes sounds that create a noise disturbance across a residential
real property line. For the purpose of this section, a "noise disturbance
from a barking dog" shall be defined as that created by a dog barking
continuously or intermittently for 15 minutes.
[Amended 5-5-1998 by L.L. No. 11-1998,
effective 5-11-1998]
(4)
Loading and unloading: loading, unloading, opening,
closing or other handling of boxes, crates, containers, building materials,
liquids, garbage cans, refuse or similar objects or the pneumatic
or pumped loading or unloading of bulk materials in liquid, gaseous,
powder or pellet form or compacting refuse by persons engaged in the
business of scavenging or garbage collection, whether private or municipal,
between the hours of 10:00 p.m. and 6:00 a.m. and the following day
when the latter is a weekday and between the hours of 10:00 p.m. and
7:00 a.m. the following day when the latter is on a holiday, except
by permit, when the sound therefrom creates a noise disturbance across
a residential real property line.
(5)
Standing motor vehicles: operating or permitting the
operation of any motor vehicle or any auxiliary equipment attached
to such a vehicle, for a period of longer than three minutes in any
hour while the vehicle is stationary, for reasons other than traffic
congestion or emergency work, on a public right-of-way or public space
within 150 feet (46 meters) of a residential area between the hours
of 8:00 p.m. and 8:00 a.m. in the following day.
(6)
Motor vehicle repairs and testing: repairing, rebuilding, modifying or testing any motor or engine in such a manner as to exceed any applicable limit in Table I[1] across a residential area property line.
[1]
Editor's Note: Editor's Note: Table I is included at the end of this chapter.
(7)
Construction: operating or permitting the operation
of any tools or equipment used in construction, drilling, earth moving,
excavating or demolition work between the hours of 6:00 p.m. and 7:00
a.m. the following day on weekdays or at any time on weekends or legal
holidays, except:
[Amended 12-15-1992 by L.L. No. 15-1992, effective 12-24-1992]
A.
Any person who owns or operates any stationary noise
source may apply to the Noise Control Administrator for a variance
from one or more of the provisions of this chapter. Applications for
a variance shall supply information, including but not limited to:
(1)
The nature and location of the facility or process
for which such application is made.
(2)
The reason for which the variance is requested.
(3)
The nature and intensity of noise that will occur
during the period of the variance.
(4)
A description of interim noise control measures to
be taken by the applicant to minimize noise and the impacts occurring
therefrom.
(5)
A specific schedule of the noise control measures
which shall be taken to bring the source into compliance.
B.
Failure to supply the information required by the
Noise Control Administrator shall be cause for rejection of the application.
C.
The Noise Control Administrator shall charge fees
as established by Town Board resolution.
[Amended 11-23-2010 by L.L. No. 44-2010, effective 12-7-2010; 2-14-2019 by L.L. No. 2-2019, effective 2-25-2019]
D.
The Noise Control Administrator may, at his/her discretion,
limit the duration of the variance, which shall never be longer than
15 days. Any person holding a variance and requesting an extension
of time may apply for a new variance under the provisions of this
section. No person shall be entitled to variances totalling more than
30 days during any calendar year.
E.
The variance shall operate as a stay of prosecution.
F.
The variance may be revoked by the Noise Control Administrator
if the terms of the variance are violated.
[Amended 2-15-1994 by L.L. No. 2-1994,
effective 2-22-1994]
A.
Any person who violates any provision of this chapter
shall be guilty of a violation and shall be punishable as follows:
upon a first conviction, by a fine of not less than $25 and not exceeding
$100; upon a second conviction, by a fine of not less than $50 and
not exceeding $150; upon a third or subsequent conviction, by a fine
of not less than $100 and not exceeding $250.
B.
Each two-hour period of violation of any provision
of this chapter shall constitute a separate violation.
A.
Except as provided in Subsection B, in lieu of issuing a summons, the Noise Control Administrator may issue an order requiring abatement of any source of sound alleged to be in violation of this chapter within a reasonable time period and according to guidelines which the Noise Control Administrator may prescribe.
B.
An abatement order shall not be issued when the Noise
Control Administrator has reason to believe that there will not be
compliance with the abatement order, when the alleged violator has
been served with a previous abatement order or has previously been
convicted for a violation of this chapter.
[Amended 12-7-1993 by L.L. No. 21-1993, effective 12-13-1993]
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 or from other law. Nothing herein shall be construed
to abridge the emergency powers of any health department or the right
of such department to engage in any necessary or proper activities.
Nothing herein shall abridge the powers and responsibilities of any
police department or law enforcement agency to enforce the provisions
of this chapter.
