[Adopted 8-11-1992 as L.L. No. 4-1992]
This Article shall be known as the "Diesel Locomotive
Idling Regulations Law of the Village of Spring Valley."
The Village of Spring Valley recognizes its
obligation to promote health and welfare in its community. In order
to protect and improve the environment to prevent potential health
hazards created by idling diesel locomotives and to control noise
and emission generated from idling diesel locomotives, the Village
Board of Trustees intends to limit the maximum time a diesel locomotive
or locomotives may be permitted to idle its engines within the Village
of Spring Valley.
A diesel locomotive shall not be permitted to
idle within the Village of Spring Valley for longer than 15 minutes
after its arrival and 15 minutes prior to the departure of the locomotive
when said locomotive is located within 1,000 feet of any residential
premises.
Any village code enforcement officer and any
village police officer is hereby authorized to issue uniform appearance
tickets, returnable before the Justice Court of the Village of Spring
Valley, for any violation of this article.
The violation of this article shall be punishable
by a penalty not exceeding $5,000 or imprisonment for a period not
in excess of 15 days, or both. Each and every day such idling is permitted
and each locomotive idling in excess of 15 minutes shall constitute
a distinct and separate offense.
Outside temperature or storage space consideration
shall not constitute a defense to any prosecution hereunder.
[Adopted 1-12-1993 as L.L. No. 1-1993
(Ch. 19 of the 1970 Code)]
As used in this article, the following terms
shall have the meanings indicated:
ANSI
The American National Standards Institute or its successor
bodies.
COMMERCIAL OPERATION
Any business or commercial activity that involves the purchase
or utilization of goods or services, including but not limited to
commercial dining establishments, motor vehicle services, retail and
wholesale services, banks and office buildings, recreation and entertainment
facilities, community services and public services.
CONSTRUCTION
Building or demolition work, but shall not be limited to
any structure, road or recreation facility and shall include all related
activities, including but not limited to the clearing of land, earth
moving, blasting and landscaping.
CONSTRUCTION SITE
Any location, including land, water and air, where construction
takes place, including but not limited to construction equipment located
either on public or private land or water or other location in the
vicinity of where the construction actually takes place. Quarries,
concrete and asphalt plants constructed and operated for the exclusive
use of a contractor for a particular construction site shall be included
as part of the "construction site."
DECIBEL
See "sound pressure level."
EMERGENCY WARNING DEVICE
Any gong, siren, whistle, horn or similar device that is
designed to be used and/or is actually used to warn of the exposure
of any human being or property to imminent danger.
EMERGENCY WORK
The work or activity that is necessary for the prevention
of the exposure of any human being or property to imminent danger.
This may include, but is not limited to, work to repair electrical,
gas, water, sewage or other public services.
FREQUENCY
The "frequency" of a function periodic in time is the reciprocal
of the period. The unit is the hertz.
INDUSTRIAL OPERATION
The production, fabrication and storage of durable and nondurable
man-made goods and including any activity that is not otherwise defined
in this article.
L10
The A-weighted sound level measured with slow response that
is exceeded 10% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
L90
The A-weighted sound level measured with slow response that
is exceeded 90% of the time in any one-hour interval. The measurement
time interval need not be one hour, provided that the measurement
results are representative of a one-hour interval.
MODIFICATION
Any physical change in or any change in the method of operation
of a commercial, business or industrial site which increased the amount
of sound emitted by such site or which results in the emission of
a type of sound not previously emitted. "Modification" includes, but
is not limited to, an increase in the use of raw materials, the hours
of operation or the rate of production.
MOTOR VEHICLE
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, except:
A.
Electrically driven invalid chairs being operated
or driven by an invalid;
B.
Vehicles which run only upon rails or trucks;
or
NOISE
Sounds in the outdoor atmosphere, including but not limited to those sounds generated by man, his mechanical devices, domestic animals or pets, as specified in §
166-11.
NOISE CONTROL MEASURE
Any procedure, method, process, device or equipment which
reduces the generation emission, radiation or reception of noise or
which renders the noise less noxious.
PERIOD
The periodic quantity is the smallest increment of the independent
variable for which the function repeats itself.
SAE
The Society of Automotive Engineers, Inc., or its successor
bodies.
SOUND
An oscillation in pressure, stress, particle displacement,
particle velocity, etc., in a medium with internal forces (e.g., elastic,
viscous) or the superposition of such propagated oscillations.
A.
IMPULSIVE SOUNDA sound characterized by brief excursions of sound pressure which significantly exceed the ambient sound.
B.
CONTINUOUS SOUNDApplies if it is not impulsive. (Examples include, but are not limited to, factory operations or a motor vehicle moving past an observer.)
SOUND LEVEL METER
An instrument, including a microphone, an amplifier, an output
meter and frequency-weighting networks for the measurement of sound
levels and sound pressure levels.
SOUND LEVELS
Based upon criteria related most directly to objective measurements
of "sound levels," namely, hearing loss, speech interference and sleep
interference. The frequency-weighted sound pressure level obtained
by the use of metering characteristics and the weightings A, B or
C, as specified in ANSI Specification for Sound Level Meter I.4-1971
or the latest revision. The sound level meter shall conform to either
Type 1 or Type 2. The weighing employed must always be stated.
SOUND PRESSURE LEVEL (in decibels)
Twenty times the logarithm to the base 10 of the ration of
the pressure of this sound to the reference pressure of 20 micronewtons
per square meter. In formula:
SPL = 20 log 10 (P/PO)
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Where:
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SPL = the sound pressure
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P = the effective (root mean square) sound pressure
|
PO = the reference pressure
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STATISTICAL ANALYSIS
The methods entitled in 4642.03 of the Policies and Procedures
Manual for Sound and Vibration Control of the New York State Department
of Environmental Conservation or as amended or any reliable method
meeting present-day technical and professional standards.
Nothing in this article shall authorize the
construction or operation of a source of sound in violation of the
Labor Law or Industrial Codes or the Rockland County Sanitary Code.
Nothing in this article shall authorize the
sale or operation of a source of sound in violation of the Vehicle
and Traffic Law.
For each of the prohibitions listed in this
article, sources of sound external to the property line of the commercial,
business or industrial operation shall be excluded when determining
whether noise is present. Such exclusion may be effected by manipulation
of the level of sound to be excluded, analytical calculation, correlation
techniques, mapping of noise contours, use of directional microphones
and microphone arrays or any other suitable method. Measurement techniques
are provided which shall be used when determining the external sound
level. Such exclusion shall not apply when determining the L90 required.
The prohibitions of this article shall not apply
to the following sounds:
A. Sounds created by means of propulsion of railroad
trains. This exception applies only when such railroad train is either
in motion or idling during loading, unloading, coupling, uncoupling,
refueling or other similar operations, provided that the idling time
for such operations does not exceed 15 minutes.
B. Sounds created by emergency work, provided that the
noise resulting from such work ceases to be emitted within 24 hours
of the time that noise is first emitted by such work.
C. Sounds that originate on construction sites between
the hours of 7:00 a.m. and 10:00 p.m.
D. Sounds created by the tires and motor when propelling
a motor vehicle that is registered to operate on public highways.
This exception does not apply to auxiliary equipment on such vehicles
or while such vehicles are under repair or test.
It shall be unlawful for any person to make,
continue or cause to be made or continued any excessive, unnecessary,
unusually loud or unusually disturbing noise within the limits of
the village.
The following acts are declared to be excessive,
unusually loud, unusually disturbing and unnecessary noises in violation
of this article.
A. Horns, signaling devices, etc. The sounding of any
horn or signaling device on any automobile, motorcycle or other vehicle
on any street or public place of the Village of Spring Valley, except
as a danger warning, the sounding of any such device for an unnecessary
and unreasonable period of time and the use of any such signaling
device when traffic is for any reason held up.
B. Radios, television, recorders, bands, etc. The playing, using, operating
or permitting to be played, used or operated of any radio, television,
musical instrument, band, tape recorder, phonograph, computer, iPad®
or other machine or device for the producing or reproducing of sound
in such manner as to disturb the peace, quiet, tranquility or comfort
of the neighboring inhabitants at any time with louder volume than
is necessary for the convenient hearing of the person or persons who
are in the place, room, vehicle or chamber in which the radio, television,
musical instrument, band, tape recorder, phonograph, computer, iPad®
or other machine or device is played or operated and who are voluntary
listeners thereto. The playing or operation of any such machine or
device as set forth hereinabove in such manner as to be plainly audible
at a distance of 50 feet from the place, building, structure or vehicle
in which it is located shall be prima facie evidence of a violation
of this section.
[Amended 3-6-2013 by L.L.
No. 2-2013]
C. Loudspeakers and amplifiers for advertising. The playing, using or
permitting to be played, used or operated of any radio, television,
musical instrument, band, tape recorder, phonograph, computer, iPad®,
loudspeaker, sound amplifier or other machine or device for the purpose
of producing or reproducing of sound which is placed upon the public
street for the purpose of commercial advertising or attracting the
attention of the public to any building or structure is prohibited.
[Amended 3-6-2013 by L.L.
No. 2-2013]
D. Yelling and shouting. Yelling and shouting on the
public streets at any time or at any place so as to annoy or disturb
the quiet, comfort or repose of persons in any office or in any dwelling,
hotel or other type of residence or of any persons in the vicinity.
E. Animals. The keeping of any dog or other animal which,
by causing frequent or long continued barking or other noise, shall
disturb the comfort or repose of any persons in the vicinity.
F. Schools, courts, churches and hospitals. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same are in use or adjacent
to any hospital, which unreasonably interferes with the workings of
such institution or which disturbs or unduly annoys patients in the
hospital, provided that conspicuous signs are displayed in such streets
indicating that the same is a school, hospital or court street.
G. Hawkers and peddlers. The shouting, yelling and crying
of peddlers, hawkers and vendors which disturbs the peace and quiet
of the neighborhood.
H. Loudspeakers: permitted hours of use and other restrictions. For
the protection of the welfare, peace, safety and health of the citizens
of Spring Valley, the use of loudspeaker apparatus within the Village
shall be limited as follows:
[Added 3-6-2013 by L.L.
No. 2-2013]
(1) Outdoors.
(a)
Loudspeakers shall be limited to the hours between 9:30 a.m.
and 10:00 p.m.
(b)
The Village Board may extend or reduce the hours of use for
good cause shown.
(c)
Loudspeakers shall not be permitted within 250 feet of a school,
church, synagogue, mosque or other religious institution while the
school, church, synagogue, mosque or other religious institution is
in session or holding prayer services absent the written consent of
person in charge, unless the applicant is a school, church, synagogue,
mosque or other religious institution.
(d)
A loudspeaker in a moving vehicle must comply with the noise
levels set forth herein as well as the hours of use set forth in this
article.
(2) Indoors. If the volume of the sound emanating from a loudspeaker
is plainly audible at a distance of 50 feet from the place, building
or structure where the loudspeaker is situated, then this is prima
facie evidence of a violation of this noise code.
(3) Permit required for outdoor use of a loudspeaker.
(a)
A person or entity desiring to use a loudspeaker outdoors within
the Village of Spring Valley shall first secure a permit from the
Village Clerk.
(b)
The application for the permit shall set forth (among other
information) the name and address of the applicant, together with
a telephone and cell phone number of the applicant, the date of the
proposed use, the place where it will be situated and the proposed
hours of use.
(c)
If the loudspeaker will be used within 250 feet of a school,
church, synagogue, mosque or other religious institution while the
school, church, synagogue, mosque or other religious institution will
be in session or holding prayer services, the applicant must provide
the written consent of the person in charge.
(d)
A permit is not required to announce all governmental emergencies.
(e)
For good cause shown, the Board of Trustees of the Village may
waive the requirement to secure a permit for a specified single event.
Any person violating or failing to comply with
the provisions of this article or with any order or direction lawfully
given hereunder shall be liable to a penalty not exceeding $5,000
or imprisonment for a period not in excess of 15 days, or both.