This chapter shall be known as the "Town of
Liberty Noise Abatement Local Law."
It is hereby declared to be the policy of the
Town of Liberty to safeguard the right of its residents within the
privacy of their homes to be free from intrusive unwanted sounds.
Problems concerning the disturbance of peace and quiet by noise from
various activities are best solved by thoughtful discussions and cooperative
agreements between affected parties. However, to resolve remaining
problems of noise which is disturbing to others, it is the policy
of the Town of Liberty to establish standards, variance procedures,
enforcement procedures and penalties.
As used in this chapter, the following terms
and phrases shall have the following meanings:
DECIBEL (dB)
A unit for measuring the volume of sound, equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to a standard pressure of 20 micronewtons per square
meter.
SOUND LEVEL
The pound-pressure level measured in decibels with a sound-level
meter set to A-weighting, expressed in dB(A).
SOUND-LEVEL, METER
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under ANSI Specifications S1.4-1971
or the latest approved revision thereof.
SOUND REPRODUCTION DEVICE
Any electronic or electrical 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-amplifying
equipment.
UNREASONABLY INTRUSIVE
Any sound which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of a reasonable person
of normal sensitivities under the circumstances.
No person shall or no owner or occupant of any
premises shall operate or permit to be operated or use or cause to
be operated in the Town of Liberty 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 of the parcel on which
such noise is generated, except where otherwise specified, and in
no case on public or private streets. When the determination or measurement
is made for a dwelling unit of a multi-dwelling-unit building as the
receiving property, all exterior doors and windows of the dwelling
unit shall be closed, and the determination or measurement shall be
taken not nearer than three feet from a common wall.
A. Customary residential activities. Customary residential
activities on properties within the AC, RD and RS and Zoning Districts,
including social gatherings, deliveries of residential heating oil
and pickup of residential garbage, as well as permitted agricultural
activities, shall not be regulated by this chapter, except for specific
activities or noise sources that are subject to and governed by other
provisions of this chapter, such as sound reproduction devices; burglar
alarms, animals, construction activities, domestic tools and equipment
or vehicle repair.
B. Other activities. Noise produced by other activities on properties within the AC, RD and RS Zoning Districts shall not exceed 60 dB(A) during the hours of 8:00 a.m. to 9:00 p.m. or 45 dB(A) during the hours of 9:00 p.m. to 8:00 a.m. on any other property used for residential purposes within any such district unless otherwise permitted in §
107-7, Exceptions. However, the restrictions contained in this Subsection
B shall not be applicable to specific activities or noise sources that are subject to and governed by §
107-5, Prohibited acts, or §
107-6, Permitted and regulated noises.
The following sounds are exempted from the limitations
of this chapter:
A. The production of music in connection with any military
or civic parade, funeral procession or regularly scheduled religious
service.
B. 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.
C. Sounds created by any governmental agency by the use
of public warning devices.
D. Sounds created by public utilities in carrying out
the operations of their franchise.
E. Sounds connected with sporting or music events of
any public or private school.
F. Sounds connected with activities and equipment of
the Town of Liberty, County of Sullivan or State of New York relating
to any public works project or government function.
G. Sounds created by aircraft or by motor vehicles on
public streets.
The provisions of this chapter shall in no case
remove or render less restrictive limitations on noise generations
or other conditions imposed for specific properties by actions of
the Liberty Zoning Board of Appeals or by actions of the Liberty Planning
Board or required under other applicable laws or regulations.
The provisions of chapter may be enforced by
any police agency, public agency, the Code Enforcement Officer or
other officials designated by the Town Board.
Any person who violates any provision of this
chapter shall be deemed guilty of an offense and, upon conviction
thereof, shall be fined not exceeding $250. Each day that a violation
shall continue shall constitute a separate offense.
If any clause, sentence, paragraph, section
or part of this chapter shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
and invalidate the remainder of this chapter but shall be confined
in its operation to the clause, sentence, paragraph, section or part
thereof directly involved in the litigation in which such judgment
shall have been rendered.
This chapter shall become effective immediately
upon filing with the Secretary of State.