[HISTORY: Adopted by the Board of Trustees of the Village of Florida 12-12-2006
by L.L. No. 6-2006. Amendments noted where applicable.]
The Village of Florida recognizes that excessive noise is detrimental
to the public health, safety and welfare and is inimical to the predominantly
residential character of the Village. The creation of any unreasonable loud,
disturbing or unnecessary noise is hereby prohibited.
As used in this chapter, the following terms shall have the meanings
indicated:
A unit for measuring the loudness of sounds.
Those days recognized as holidays by New York State.
A non-constant sound that recurs with some degree of regularity.
The sound-pressure level measured in decibels with a sound-level
meter set to A-weighting; expressed in dB(A).
An instrument for the measurement of sound levels that conforms to
Type 1 or Type 2 standards under ANSI Specifications S1.4-1971 or the latest
approved revision thereof.
Any device that is used for the production of sound, including, but
not limited to, any loudspeaker, radio, television, tape recorder, phonograph
or any other sound-producing or sound-amplifying equipment.
Any sound that either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of a reasonable person of normal
sensitivities under the circumstances.
Any zone as defined in Chapter 119, Zoning.
No person shall operate or permit to be operated in the Village of Florida
any sound source that produces a sound level exceeding the limitations in
this section. The measurement of any sound or noise shall be made with a sound-level
meter using the A-weighted scale and slow response, except for sounds or noises
which occur in single or multiple bursts with a duration of less than one
second for which fast response shall be used. The sound level determination
or measurement shall be conducted not nearer to the sound source than the
closest property line or, in the case of multifamily housing, the dwelling
unit of the parcel in or on which such noise is received, except where otherwise
specified.
A.
Customary residential activities. Customary residential activities on properties within any residential zoning district, including social gatherings, deliveries of home heating oil, and pickup of residential garbage, shall not be regulated by this chapter except for specific activities or noise sources that are subject to and governed by §§ 83-4 and 83-5.
B.
Other activities within residential zones. Sound produced by other activities on properties within any residential zoning district shall not exceed a sound level of 65 dB(A) during the hours of 6:30 a.m. to 9:00 p.m. and 45 dB(A) during the hours of 9:00 p.m. to 6:30 a.m. on Mondays through Saturdays and 9:00 a.m. to 9:00 p.m. on Sundays, unless otherwise permitted in § 83-5.
C.
Other activities within nonresidential zones. Sound produced by other activities on properties within any nonresidential zoning district shall not exceed a sound level of 70 dB(A) during the hours of 6:30 a.m. to 9:00 p.m. or 55 dB(A) during the hours of 9:00 p.m. to 6:30 a.m. on Mondays through Saturdays and until 9:00 a.m. on Sundays and holidays, unless otherwise permitted in § 83-5.
A.
The following acts, among others, are declared to be
loud, disturbing and unnecessary noises in violation of this chapter, but
any enumeration herein shall not be deemed to be exclusive:
(1)
Sound reproduction devices. No person shall operate or use or cause to be operated loudspeakers or other sound reproduction devices so as to produce sounds which are audible between the hours of 8:00 p.m. to 10:00 a.m., or are audible and unreasonably intrusive at any other times on any other property used for residential purposes within any residential zoning district. At no time shall these sounds exceed the limitations imposed in § 83-3B. In addition, loudspeakers and other sound equipment must face into the property on which they are located. Nothing in this subsection is intended to prohibit incidental sounds emanating from public sporting events or public entertainment events.
(2)
Animals. It shall constitute a violation of this section
if the howling or barking occurs continually and is audible beyond the property
line of the premises on which the dog is located:
(a)
For more than five minutes between the hours of 10:00
p.m. and 8:00 a.m.;
(b)
For more that 15 minutes between the hours of 8:00 a.m.
and 10:00 p.m.; or
(c)
For a shorter duration than cited above, but on more
than five occasions within a given ten-day period if attested to by complainants
from two or more separate properties.
(3)
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.
(4)
The continuous running of diesel- or gas-powered engines
on vehicles parked within the Village is hereby prohibited between the hours
of 9:00 p.m. and 6:30 a.m.
(5)
The making, creation or maintenance of any unnecessary
noise is prohibited if it is of such character, intensity, duration or repetition
as to annoy, disturb, injure, or endanger the comfort, repose, health, peace
or safety of others.
(6)
Unnecessary repetitive sounds which are determined to
be of an annoying or disturbing nature are hereby prohibited, regardless of
decibel level.
B.
For the purpose of this section, "continuously" shall
mean constant, with few, if any, brief periods of silence.
A.
Air-conditioning and air-handling equipment. No person shall operate or permit to be operated an air-conditioning or air-handling device on any property within a residential district or adjacent to a residential district that produces a sound level greater than 55 dB(A) or exceeds the limits established in § 83-3.
B.
Loading of commercial vehicles. The loading or unloading
of commercial vehicles is not permitted within a residential district or adjacent
to a residential district between the hours of 9:00 a.m. and 6:30 a.m. on
Mondays through Saturdays and 9:00 p.m. to 9:00 a.m. on Sundays and holidays.
C.
Construction activities. Any building or construction
activity, including the clearing and removal of trees or other site preparation
work, which is audible outside of a building or structure is permitted only
as follows:
D.
Domestic tools and equipment; vehicle repair.
(1)
In addition to the restrictions of § 83-5C, no person shall operate or permit to be operated any hand tool or power tool or equipment, including, but not limited to, saws, hammers, sanders, drills, grinders, lawn or garden tools, mowers, tractors, chain saws, leaf blowers or gatherers or similar devices or wood chippers of any kind or cause or permit vehicle repair or engine tune-up activities so as to create noise in excess of the following limits. This prohibition includes equipment used by lawn care or landscape services.
(2)
Noise levels from domestic tools and equipment and from
vehicle repair during the hours of 8:00 a.m. to sundown Monday through Friday,
except holidays, and 9:00 a.m. to sundown Saturday, Sunday and holidays, shall
not be restricted by this subsection. At all other times, such noise levels
shall not exceed 45 dB(A) on any other property used for residential purposes
within any residential zoning district.
(3)
However, uses of snowblowers, chain saws and other domestic
tools and equipment are exempted from these limits when they are being used
to clear driveways, streets or walkways during and within 24 hours after snowfalls,
rainstorms, ice storms, windstorms or similar emergencies.
A.
Noise emanating from the operation of motor vehicles
on public highways is regulated by the New York State Vehicle and Traffic
Law. The maximum noise levels set forth in the Vehicle and Traffic Law for
the operation of motor vehicles on public highways, as they may be amended
from time to time, are hereby designated to be the maximum permissible noise
levels for the operation of motor vehicles on all other property in the Village
of Florida.
B.
Noise emanating from motor vehicles other than from their
operation, including, but not limited to, the noise of radios, is regulated
by this chapter and must not be audible more than 50 feet from the vehicle
from which the noise emanates.
A.
Nothing in this chapter shall be construed to prevent
the production of music in connection with any military or civic parade, funeral
procession or religious service.
B.
This chapter shall not be construed to prohibit the use
of any organ, bell, chimes or any other similar instrument or device by any
church, synagogue or school on or within its own premises in connection with
religious rites or ceremonies of such church or synagogue or in connection
with a school education program.
Upon the trial of any person charged with creating unreasonably loud, disturbing and unnecessary 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 § 83-3 hereof, may be admitted as prima facie evidence that the noise was unreasonably loud, disturbing and unnecessary.
A.
Both the owner of any instrumentality exceeding permissible
noise levels and its operator shall be deemed violators of this chapter.
B.
Every violation of any provision of this chapter or any
condition, rule or regulation imposed or promulgated under the authority of
this chapter shall be a separate and distinct offense, and in the case of
a continuing violation, every day's continuance thereof shall be deemed a
separate and distinct offense. A conviction of any such violation shall be
punishable by a fine not to exceed $250 for each violation or imprisonment
for a term not to exceed 15 days, or both.
