[HISTORY: Adopted by the Floral Park Village
Board 4-4-1989 by L.L. No. 2-1989.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarms systems — See Ch. 7.
Noise by dogs — See Ch. 10, Art I.
Disorderly conduct — See Ch. 32.
Noise in parks — See Ch. 60.
[1]
Editor's Note: This local law also repealed
former Ch. 55, adopted 5-4-1943, as amended.
It is hereby declared to be the policy of the
Village Board of Trustees to prevent unreasonably disturbing and unnecessary
noise. It is the intention of the Village Board of Trustees to reduce
the noise level within the Village of Floral Park so as to preserve,
protect and promote the public health, safety and welfare and to foster
convenience, peace and quiet of the village by the inhabitants and
transients within the Village of Floral Park. The Village Board finds
that every person is entitled to have maintained noise levels which
are not detrimental to life, health and enjoyment of property, in
that excessive and unnecessary noise within the Village of Floral
Park affects and is a menace to the public health, safety and welfare
and the comfort of the people of the Village of Floral Park.
No person shall locate radios or similar devices,
or amplifiers thereof, so as to, or that may, project sound into highways
or neighborhoods for advertising or business purposes.
[Added 5-1-2001 by L.L. No. 4-2001[1]]
As used in this chapter, the following terms
shall have the meanings indicated:
The average level of undifferentiated background sound perceived
in an area at any given time exclusive of any distinguishable extraneous
sounds or noises. Statistically, the long-term residual ambient sound
level for an area is expressed as the L90 value, i.e., the level that
is exceeded 90% of the time.
The American National Standards Institute or its generally
recognized functional successor.
Any lawful business or commercial activity involving the
promotion, sale or utilization of goods or services, including but
not limited to the operation of commercial dining establishments,
bars, lounges and taverns, motor vehicle service and repair shops
and recreational and entertainment facilities.
Any distinguishable sound having a timed duration of more
than two seconds.
That portion of each day which falls between the hours of
7:00 a.m. and 9:00 p.m. prevailing time.
The logarithmic term used to express, in numerical units,
the relative level (the loudness) of sound pressure intensity as perceived
by the human ear. The difference in decibels of two sounds is 10 times
the common logarithmic of the ratio of their power levels, so that
a doubling of any sound energy produces a rise of three dB, and a
rise of 10 dB represents a sound energy increase of 10 times.
Any public or private land whereon the source of generation
and emission of a sound or sounds is permanently situated or temporarily
located.
Any percussive or impact-type sound lasting two seconds or
less which exceeds the ambient sound within an area of six dB or more.
The intensity of sound as perceived by the average unaided
human ear, which is approximated by an A-weighted frequency response
(dBA) scale measurement made with a sound-level meter meeting the
requirements of this chapter.
The noted maximum root mean square (r.m.s.) sound-pressure
level measured at a particular time and place using a sound-level
meter which meets the requirements of this chapter.
That continuous period of time covering portions of any two
consecutive days, which falls between the hours of 9:00 p.m., prevailing
time, of the first day and 7:00 a.m., prevailing time, of the next
succeeding day.
Any sound or combination of sounds which, due to its character,
intensity and duration or the time and place of its emission and perception,
is deemed to be so unpleasant, objectionable and disturbing as to
unduly disrupt or unreasonably interfere with the peace, comfort and
repose of any one or more persons.
Any person having a legal interest in real property or a
lessee, tenant, manager or agent of such person, a mortgagee or receiver
in possession of such property; and/or any person deemed to be an
actual or presumptive lawful occupant of such property or any part
or portion of the same.
Any public or private lands, including the buildings, structures,
facilities and open spaces situated thereon, whereon the sound or
sounds emitted from any generating land can be heard and detected
by any person and where, when implicitly or expressly required by
any provision of this chapter, the level of such sound(s) shall be
measured to determine whether it (or they) comply with or exceed any
limits or restriction imposed by this chapter.
The sound-pressure level, in decibels, as measured and obtained
using a sound-level meter having an A-weighted frequency scale and
employing the appropriate slow or fast response.
An instrument, designed and used to detect and measure sound-pressure
levels in their decibel equivalents and to display that information
in either analog or digital form, which meets or exceeds all ANSI
specifications or any other standards imposed or required by the provisions
of this chapter.
That which is not required by the usual circumstances, which
is excessive or extreme when compared to the ordinary or which is
singularly unreasonable in respect to the time, the place or the prevailing
circumstances.
[1]
Editor's Note: This local law also superseded
former § 55-3, Unreasonable noise prohibited.
[Added 5-1-2001 by L.L. No. 4-2001[1]]
A.
Sound measuring equipment. Enforcement of the provisions
of this section shall be effected and any other provision of this
chapter may be effected using a sound-level meter or its equivalent
which meets or exceeds the requirements of ANSI § 1.4-1983,
Type 2, standards and specifications, and which has a dynamic range
and A-weighted frequency response (fast and slow) consistent with
ANSI requirements for the measurements being taken. All sound-level
meters meeting the foregoing requirements shall be calibrated on a
regular periodic basis using a calibrator properly fitted to the instrument
being employed, which is traceable to National Bureau of Standards
criteria, and which has an accuracy of plus or minus 0.5 dB or better.
B.
Noise level standards. It shall be unlawful and a
violation of this chapter for any person, including the owner or occupant
of any generating land, to cause or allow or to permit, direct, employ
or assist another to cause or allow any sound or sounds to be emitted
which exceed the decibel levels for a designated land use category
as set forth in the following tables, when measured at a point of
complaint located either on or within the property lines of any particular
receiving land of a type covered or described by that designated category:
|
Table I: Continuous Sound
(Maximum Sound Level in dBA/Slow Response)
| ||
|---|---|---|
|
Receiving Land Use Category*
|
Daytime
(dB)
|
Nighttime
(dB)
|
|
All residential districts
|
50
|
40
|
|
All business and commercial districts
|
65
|
55
|
|
All industrial districts
|
70
|
60
|
|
Table II: Impulsive Sound
(Maximum Sound Level in dBA/ Fast Response)**
| ||
|---|---|---|
|
Receiving Land Use Category
|
Daytime
(dB)
|
Nighttime
(dB)
|
|
All residential districts
|
60
|
50
|
|
All business and commercial districts
|
75
|
60
|
|
All industrial districts
|
90
|
70
|
|
Notes:
|
|---|
|
*Category designations refer to the zoning districts as shown on the official Village Zoning and Planning Map adopted pursuant to the provisions of Chapter 99 of the Code of the Village of Floral Park.
|
|
**The following adjustments in the maximum sound
level of impulsive sound shall be made for each category when and
if the stated circumstances shall apply:
|
|
Repetitions per Hour
|
Deduct
(dB)
|
|---|---|
|
3 to 10
|
2
|
|
11 to 20
|
4
|
|
21 to 60
|
6
|
|
Over 60
|
8
|
C.
Adjustment of table sound levels for other conditions.
In the event that the level of ambient sound detected and measured
at a particular location shall exceed the applicable maximum sound
level prescribed for that location under one of the tables in the
preceding subsection, then the following maximum sound levels shall
apply in lieu of the prescribed table level for and during the stated
time of day:
(1)
For Table I: continuous sound which exceeds the ambient
sound level by (10) dB or more during the daytime or by five dB or
more during the nighttime.
(2)
For Table II: impulsive sound which exceeds the ambient
sound level by 20 dB or more during the daytime or by 10 dB or more
during the nighttime.
D.
Exceptions. None of the preceding provisions of this
section shall apply to or constitute any legal restraint against the
officers, employees or other lawful agents of any federal, state or
local government or any agency, bureau, department, board or commission
thereof, when carrying on or performing any governmental operation,
activity, function or duty of any nature or kind or while engaged
in or assisting in any emergency work or operations; nor shall the
same apply to nor be deemed to constrain any public utility when reasonably
carrying out the operations of its franchise.
[Amended 5-1-2001 by L.L. No. 4-2001[1]]
The use of mechanical loudspeakers or amplifiers
or radios on trucks or other moving vehicles for advertising or other
purposes is hereby prohibited.
[1]
Editor's Note: This local law also superseded
former § 55-5, Noise during night prohibited.
A.
No person shall sound any horn, siren or other noise-making
signal except to signal danger, nor shall be or she repeat such sounding
for any longer than necessary for the purpose of giving warning.
No person shall operate a motor vehicle, lawn
mower, leaf blower, chain saw or other landscaping equipment or any
internal combustion engine without a muffler properly maintained to
reduce noise to the absolute minimum.
A.
No person shall use or operate any tractor, earthmoving
machine, pavement breaker, crane, bulldozer, backhoe, payloader, air
compressor, chain saw, chipper or other tree-removal equipment, stump
grinder or machinery or any equipment for soil excavation, maintenance,
construction, demolition, alteration or repair work or any other construction
work, except between the hours of 8:00 a.m. and 7:00 p.m. on Mondays
through Saturdays.
B.
Any such equipment so used shall be in good working
condition and equipped with a muffler properly maintained to reduce
noise to the absolute minimum.
C.
The provisions of Subsection A of this section do not apply to interior alteration and repair work done only within an entirely enclosed building.
D.
In the event of an emergency, the Superintendent of Public Works, Mayor or the Commissioner of Police or his designated representative may grant an exemption from the provisions of Subsection A of this section. The permit should be written, but may be oral if the emergency is too urgent to permit time to be taken for preparation of a written permit. If the permit is oral, the Superintendent of Public Works or the Mayor must make a written copy of the permit as soon as he practically can and deliver copies to the permittee and the Village Clerk. The Superintendent of Public Works or the Mayor shall file a copy of every written permit issued under this subsection with the Village Clerk and the Commissioner of Police and deliver a copy to the permittee. Every permit issued under this subsection shall have a duration no longer than the emergency impelling its issuance.
E.
This section shall not apply to any construction equipment
owned or operated by the village.
Landscaping functions may be performed by landscapers
only during the hours of 8:00 a.m. through 7:00 p.m., unless otherwise
permitted by the Commissioner of Police or the Mayor, in writing.
[Amended 5-4-1999 by L.L. No. 2-1999]
Any person, firm or corporation who violates
any section of this chapter shall be deemed guilty of a violation
and, upon conviction thereof, shall be punished by a fine not to exceed
$350 for a first violation, and for a fine not to exceed $500 for
a second violation, and for a fine not to exceed $1,000 for a third
or succeeding violation.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, the judgment shall not affect, impair
or invalidate the remainder of this chapter, but shall be confined
in its operation to the clause, sentence, paragraph, section or part
of this chapter that shall be directly involved in the controversy
in which such judgment shall have been rendered.
