[HISTORY: Adopted by the Town Board of the
Town of Liberty 8-10-1998 by L.L. No. 2-1998.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 50.
Peddling and soliciting — See Ch. 111.
Vehicles and traffic — See Ch. 139.
[1]
Editor's Note: This local law also repealed
former Ch. 107, Noise, adopted 7-14-1988 by L.L. No. 1-1988.
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:
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.
The pound-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 which conforms
to Type 1 or Type 2 standards under ANSI Specifications S1.4-1971
or the latest approved revision thereof.
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.
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.
A.
Sound reproduction devices. 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 loudspeakers or other sound reproduction devices so as to produce sounds which are audible between the hours of 9:00 p.m. and 8:00 a.m. or are audible and unreasonably intrusive at any other times on any other property used for residential purposes within the AC, RD and RS Zoning Districts as determined within the property line of receiving property, except as permitted in Subsection B, Burglar alarms. Nothing in this subsection is intended to prohibit incidental sounds emanating from public sporting events or public entertainment events.
B.
Burglar alarms. Sound from an exterior burglar alarm
of any building or motor vehicle shall terminate within 15 minutes
after it has been activated.
C.
Animals. It shall be unlawful for any owner of or
any other person harboring any animal to permit or allow such animal
while in the Town of Liberty to engage in habitual loud howling or
barking which is unreasonably intrusive.
D.
Exhaust and mufflers. No person shall cause or permit
the operation of any device, vehicle, construction equipment or lawn
maintenance equipment, including but not limited to any diesel engine,
internal combustion engine or turbine engine, that has been modified
or become defective so as to cause the level of sound emitted to be
greater than that emitted as originally manufactured.
E.
The playing of music by any band or orchestra or sound-producing
device or the operation of any radio, television receiver or phonograph
in such a manner and with such volume between the hours of 9:00 p.m.
and 9:00 a.m. so as to annoy or disturb the quiet, comfort, rest or
repose, health or safety of persons in any dwelling or other type
of residence located in the Town of Liberty.
F.
The use of human voices in shouting, singing, chanting,
whistling or bellowing individually or in groups so as to disturb
the rest and repose, health or safety of others during the hours of
9:00 p.m. and 8:00 a.m.
G.
The creation of loud or excessive noise in connection
with the loading or unloading of any vehicle or the opening and destruction
of bales, boxes, crates and containers between the hours of 9:00 p.m.
and 8:00 a.m. except in the SC and IC Zoning Districts.
H.
The creation of any excessive noise on any street
adjacent to any public or parochial school or hospital is prohibited,
provided that conspicuous signs are displayed on such street indicating
that the same is a school or hospital zone and that quiet is required.
I.
The creation of any sound or noise from any device
known as a "sound truck" or motor-vehicle-controlled or -operated
portable or movable amplifying system whereby sounds, music or words
are transmitted by means of any motor vehicle upon the public streets
of the Town of Liberty is prohibited unless specific permission therefor
is obtained from the Town Board, which such permit, if and when issued,
shall indicate the specific dates and times that the operation of
such sound truck or movable amplifying system shall be authorized.
A.
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 during the hours of 7:00 a.m. and 8:00 p.m. unless
specific permission therefor is obtained from the Town Board, which
such permit, if and when issued, shall indicate the specific dates
and times that the building or construction activity shall be authorized.
B.
Domestic tools and equipment; vehicle repair.
(1)
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
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 7:00 a.m. to 8:00 p.m. 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 the AC, RD and RS Zoning Districts.
(3)
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.
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.
A.
Where there are practical difficulties or unnecessary
hardships in the way of carrying out the strict letter of this chapter,
the Town Board shall have the power to issue a variance from the strict
application of this chapter relating to sound, noises or uses which
would otherwise be in violation of this chapter and to vary or modify
the application of any of the regulations or provisions of this chapter
so that the spirit of this chapter shall be observed, public health,
state and welfare secured and substantial justice done.
B.
No variation or adjustment in the strict application
of any regulations or provisions of this chapter shall be granted
by the Town Board unless it finds that:
(1)
The applicant has demonstrated good and sufficient
cause for the granting of a variance. Such demonstration shall be
founded upon a fair consideration of the circumstances present pertinent
to the petition, including but not limited to:
(a)
The social utility of the use or activity for
which a variance is sought.
(b)
The nature and degree of observed variance from
prescribed standards that results from such use or activity.
(c)
The impact of such use or activity on other
residents and. properties.
(d)
The nature and cost of available measures that
may be taken to mitigate the impact of such use or activity.
(2)
There are unique or special circumstances or conditions,
fully described in the findings of the Town Board, applying to the
activity or to the use of land, property or facilities for which the
variance is sought which warrant the granting of a variance on the
ground of practical difficulty or unnecessary hardship.
(3)
The granting of a variance is necessary to enable
the applicant to conduct the activity or use for which a variance
is sought without unreasonable burden or restriction, and the variance
as granted by the Town Board is the minimum adjustment that will accomplish
such purpose.
(4)
The granting of the variance will be in harmony with
general purposes and intent of this chapter, will not be injurious
to the community or any neighborhood or otherwise detrimental to the
public health, safety or welfare and will not be in conflict with
other laws or ordinances of the Town.
C.
The Town Board, in passing upon a petition for a variance
under this chapter, may limit the effective period of any variance
granted and may impose upon the grant or operation of any variance
such conditions in furtherance of the public interest as the Town
Board finds necessary.
D.
The Town Board shall retain continuing jurisdiction
over and with respect to any variance granted under this chapter and
it shall have the fullest powers and authority allowed by law to review,
rehear, modify, reverse or annul, for good cause shown, any order,
resolution, decision or determination made with respect to a petition
for or the granting of a variance under this chapter.
E.
All such appeals shall be in writing on forms prescribed
by the Town Board, and each appeal or application shall refer to the
specific provisions of this chapter and shall exactly set forth the
details of the variance that is applied for and the grounds on which
it is claimed that the same should be granted. Any petition for a
variance shall also identify all practical steps which have been taken
or which are proposed to be taken by the applicant to reduce noise.
F.
For a period of 60 days after this chapter becomes
effective, a properly filed application for a variance shall exempt
the application from the specific provisions of this Chapter from
which a variance is being sought, from the date of filing of the application
until the Town Board has ruled on the application.
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.
