This chapter shall be known and may be cited as the "Noise Control Law
of the Town of Boston, New York."
It is hereby declared the policy of Town of Boston to prevent unreasonably
loud, disturbing, and unnecessary noise and to reduce noise levels within
the Town to preserve, protect, and promote the public health, safety and welfare
and to foster convenience, peace and quiet within the Town by the inhabitants
and transients thereof. The Town Board finds that every person is entitled
to have maintained noise levels which are not detrimental to life, health,
and the reasonable enjoyment of property and that excessive or unnecessary
noise within the Town affects and is detrimental to public health, safety,
welfare, and the comfort of the people of the Town of Boston. The provisions
and prohibitions contained herein shall not be utilized or construed to deny
or limit any right or privilege granted and recognized by the First Amendment
of the Constitution of the United States.
As used in this chapter, the following terms are defined as follows:
DECIBEL (dB)
The practical unit of measurement of sound pressure level; the number
of decibels of a measured sound is equal to 20 times the logarithm to the
base 10 of the sound pressure of the measured sound to the sound pressure
of a standard sound (20 micropascals) and is generally abbreviated "dB."
NOISE CONTROL OFFICER
Any member of a police department having jurisdiction within the
Town of Boston or any duly appointed enforcement officer of the Town of Boston
empowered to issue a summons or administrative order for violations of this
chapter, including but not limited to the Code Enforcement Officer and any
Deputy Code Enforcement Officer.
PROPERTY LINE
Either the imaginary line, including its vertical extension, that
separates one parcel of real property from another, or the vertical and horizontal
boundaries of a dwelling unit that is one in a building containing at least
two dwelling units.
SOUND
Any pressure variation perceptible to the human ear.
SOUND DEVICES OR APPARATUS
Any apparatus or device for the making, reproduction, or amplification
of the human voice or other sounds.
SOUND LEVEL
The sound pressure level, measured in decibels, with a sound-level
meter set for A-weighting; expressed in dBA.
TOWN
The Town of Boston, New York.
UNNECESSARY
That which is not required by the usual circumstances.
UNREASONABLE
That which would annoy, disturb or irritate a reasonable person of
normal sensitivities under the same circumstances.
UNREASONABLY INTRUSIVE NOISE
Any sound of such level and duration as to be, or tending to be,
injurious to human health or welfare or that would unreasonably interfere
with the reasonable enjoyment of life or property of a person of normal sensitivities
under the same circumstances; or exceeding the limits as set forth in this
chapter.
WEIGHTED SOUND LEVEL
The sound level, expressed in decibels, reports as measured by a
sound-level measuring instrument having an A-weighted network which discriminates
against the lower frequencies according to a relationship approximating the
auditory sensitivity of the human ear. The level so read is designated in
dBA.
No person shall make, continue, cause, or permit to be made, verbally
or mechanically, any unreasonably intrusive noise. Standards to be considered
in determining whether an unreasonably intrusive noise exists include, but
are not limited to, the following:
B. The frequency of the noise.
C. The periodicity of the noise.
D. Whether the noise is unusual and incongruous with the
surrounding environment.
E. The volume and frequency of the ambient noise, if any.
F. The proximity of the noise source to any residential,
educational, medical, religious, or judicial facility.
G. The use, nature, and character of the immediate area
where the noise source exists.
H. The time of day or night the noise occurs.
I. The duration of the noise.
The following acts, among others, are declared to be loud, disturbing,
and unnecessary noises in violation of this chapter; however, the enumeration
herein contained shall not be deemed exclusive:
A. The use or operation of any radio, television, phonograph,
musical instrument or other machine or device for the production, reproduction
or amplification of sound with louder volume than is necessary for the hearing
of the person or persons who are voluntary listeners thereto. It shall be
prima facie evidence of a violation of this subsection if sound emanating
from such machine or device is:
(1) Audible beyond the property line of the premises upon
which it is being used, between the hours of 9:00 p.m. and 8:00 a.m.
(2) Audible at a distance of 50 feet beyond the property
line of the premises upon which it is being used, between the hours of 8:00
a.m. and 9:00 p.m.
B. The keeping of any animal or bird which, by causing frequent
or long-continued noise, shall disturb the comfort or repose of any person
residing in the vicinity.
C. A noise disturbance from a dog, created by barking continually
for five minutes or intermittently for 10 minutes, unless provoked.
D. The use of any automobile, motorcycle, all-terrain vehicle,
bus, or vehicle in any manner that creates an unreasonably loud and unnecessary
noise.
E. The discharge into the air of the exhaust of any steam
engine, stationary internal-combustion engine, or motor vehicle engine, except
through a muffler or other device, which will effectively prevent loud or
explosive noise therefrom.
F. The erection, including excavation, demolition, alteration,
or repair, of any building or structure other than between 7:00 a.m. and 9:00
p.m., except in the case of urgent necessity in the interest of public safety
as determined by the Code Enforcement Officer.
G. The creation of any excessive noise on any street or
property adjacent to any school, institution of learning, court or church
while same is in session or adjacent to any hospital or nursing home that
unreasonably interferes with the workings of such institution.
H. The creation of any unreasonably loud or excessive noise
in connection with the loading or unloading of any vehicle, or the opening
or destruction of bales, boxes, crates and containers in such a manner as
to create an unreasonable or unnecessary noise of unreasonable extent and
duration.
I. 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.
J. The sounding of any horn or signal device on any vehicle,
motorcycle, bus or any other moving device except as a warning signal pursuant
to the provisions of § 375 (1) of the Vehicle and Traffic Law of
the State of New York.
K. The use of any radio apparatus, talking machine, loudspeaker,
public address system or amplifier attached thereto in such a manner that
the loudspeaker shall cause the sound from such device to exceed the level
set forth in §
73-4 at the property line nearest the sound source,
or, if said sound shall be directed toward any specific area, at any property
line.
L. The creation of any noise that causes public inconvenience
or alarm, or disturbs the public's peace, comfort, or tranquility.
The following sounds shall not be deemed a violation of this chapter:
A. Sounds created by church bells, chimes, or recordings
of church bells or chimes.
B. Sounds created by any government agency, ambulance, or
fire company, by the use of horns, sirens or public alarm or warning devices.
C. Sounds created by lawn mowers, snow blowers, or other
real property maintenance equipment when used for its intended purpose.
D. Sounds created by public utilities or authorities in
carrying out the operation of their business.
E. Sounds connected with sporting events of any organized
league, public or private school, carnival, fair, exhibition, or parade authorized
or sponsored by the Town of Boston or other superior municipal entity.
F. Sounds on private property that do not carry beyond the
boundary lines of the property on which they are created.
G. Sounds created in the exercise of any trade, industry,
business, or employment, provided that it is not conducted in violation of
§
73-4 of this chapter and is not conducted in such a manner as
to create any unreasonable or unnecessary noise of any unreasonable extent
or duration. Any noise created by operation of any trade, industry, business
or employment outside of any building between the hours of 10:00 p.m. and
7:00 a.m. shall not be entitled to the benefit of this exception.