[HISTORY: Adopted by the Town Board of the
Town of Newburgh 2-24-1992 by L.L. No. 1-1992. Amendments noted where
applicable.]
This chapter shall be known as the "Town of
Newburgh Noise and Illumination Control Law."
It is hereby declared to be the policy of the
Town of Newburgh to safeguard the right of its residents within the
privacy of their residences to be free from intrusive unwanted sounds
and lights. Problems concerning the disturbance of peace, quiet and
tranquillity by noise and light from various sources and activities
are best solved by thoughtful discussions and cooperative agreements
between affected parties. However, to resolve remaining problems of
noise and light which are disturbing to others, it is the policy of
the Town of Newburgh and the purpose of this chapter 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 lighting or floodlighting outside the confines of a structure,
by means of electricity or the combustion of gases or liquids, of
an area, object or structure.
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 which conforms
to Type 1 or Type 2 standards under ANSI Specification 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 or player, phonograph or any other
sound-amplifying equipment.
Any sound or light which 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 185, Zoning.
A.
No person shall perform the following acts so as to produce sound or noise at a sound level exceeding the limitations set forth in § 125-5:
B.
No person shall install any source of illumination or permit any source of illumination to be installed on his property in such a manner that the direct rays therefrom are cast upon any residential property other than the lot on which such illumination is installed or otherwise violate the standards for illumination set forth in § 125-8.
C.
No person shall cause or permit the engine of a motor
vehicle with a gross vehicle weight rating in excess of 10,000 pounds,
other than an authorized emergency or public utility motor vehicle,
to idle for longer than five minutes while said motor vehicle is stationary
on private property unless the engine is used to operate a loading,
unloading or operating device.
D.
No person shall perform any act, including installing
any device or outdoor light, which produces unreasonably intrusive
sound, noise or light. Operation of any sound-reproduction device
between the hours of 12:00 midnight and 7:00 a.m. in such manner as
to be plainly audible on adjacent properties shall be prima facie
evidence of a violation of this subsection.
E.
Sound from an exterior burglar alarm of any building
or motor vehicle shall terminate within 15 minutes after it has been
activated.
A.
Except for noise emanating from the operation of motor
vehicles on public highways and private roads, the permissible intensity
of noise for the foregoing between the hours from 8:00 a.m. to 10:00
p.m. and from 10:00 p.m. to 8:00 a.m., respectively, whether such
noise is intermittent, impulsive, sporadic or continuous, is as follows.
The maximum sound-pressure level [A-scale reading of standard calibrated
sound meter, instrument calibration frequency of 100 cycles per second
(hertz)]:
B.
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.
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 private roads in the Town of Newburgh. When operated on other property, motor vehicles must conform to the standards set forth in § 125-5.
Upon the trial of any persons 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 § 125-5 hereof, may be admitted as prima facie evidence that the noise was in violation of this chapter.
A.
The area of brilliance, character, color, degree,
density, intensity, location and type of illumination shall be the
minimum necessary to provide for the security of the property and
the safety and welfare of the public.
B.
All sources of illumination on nonpublic property,
including the lighting of signs, shall be shielded or directed in
such a manner that the direct rays therefrom are not cast upon any
property used for residential purposes, other than the lot on which
such illumination is situated.
C.
Illumination shall be steady in nature, not flashing,
moving or changing in brilliance, color or intensity, excluding the
lighting of signs conveying information, such as time and temperature.
D.
The duration, period or time of illumination of nonresidential
premises shall be the minimum necessary to provide for the security
of the property and the safety and welfare of the public. For nonresidential
premises open to the public, illumination shall be extinguished, except
that necessary for the security of the property and safety of persons
thereon, one hour after the premises are closed to the public.
E.
Illumination connected or used with a sign or otherwise
which competes for attention with or may be mistaken for a traffic
signal or creates a distractive hazard to traffic by glare or movement
is prohibited.
A.
Nothing in this chapter shall be construed to prevent
the production of music and light in connection with any military
or civic parade, holiday festival or decoration, 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.
C.
For sound-reproduction devices used in connection with weddings or other religious or civil ceremonies on any property used for residential purposes, sound levels in excess of those permitted in § 125-5 and prohibited in § 125-4D are allowed, provided that sound levels in excess of those permitted in § 125-5 cease by 12:30 a.m.
D.
Sounds created by customary residential activities,
including social gatherings, and sounds created by operation of domestic
tools such as lawn mowers, leaf blowers or chain saws, delivery of
residential heating oil, pickup of garbage and engine tune-up activities
during the period 6:00 a.m. to 10:00 p.m. The following are exempted
from the limitations of this chapter:
(1)
Sounds and light created by agricultural activities
are exempted from the limitations of this chapter.
(2)
Sounds created by construction activities during the
period from 7:00 a.m. to 7:00 p.m. are exempted from the limitations
of this chapter.
(3)
Sounds and light created by any governmental agency
by the use of public warning devices are exempted from the limitations
of this chapter.
(4)
Sounds created by public utilities in carrying out
the operations of their franchise are exempted from the limitations
of this chapter.
(5)
Sounds and light connected with sporting events and
celebrations of any public school or with municipal athletic fields
and parks and sounds connected with special events or sports programs
sponsored or permitted by the Town Recreation Department are exempted
from the limitations of this chapter.
(6)
Sounds and light connected with activities and equipment
of the Town of Newburgh are exempted from the limitations of this
chapter.
(7)
Safety signs, public road signs, streetlights and
traffic direction signs and signals are exempted from the provisions
of this chapter.
(8)
Sounds and light created by aircraft are regulated
by the Federal Aviation Act and the regulations promulgated thereunder
and are exempted from the provisions of this chapter. Sounds and light
created by aircraft engines in connection with activities other than
the operation and maintenance of aircraft, including but not limited
to educational activities, however, are subject to the provisions
of this chapter.
A.
Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Town Zoning Board of Appeals shall have the power in passing upon a petition for a variance duly made pursuant to Subsection E by owners of properties which would be in violation of other sections of this chapter 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, the public health, safety 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 Zoning Board of Appeals 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 Zoning Board of Appeals,
applying to the activity or to the use of land, property or facilities
for which the variance is sought which warrant the granting of the
variance on the grounds 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 Zoning Board of Appeals is the minimum adjustment
that will accomplish such purpose.
(4)
The granting of the variance will be in harmony with
the 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 or inconsistent with the Comprehensive Master
Plan of the Town.
C.
The Town Zoning Board of Appeals, 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 Zoning Board of Appeals finds necessary or appropriate.
D.
The Town Zoning Board of Appeals 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. No such review, reconsideration or action shall be taken except upon and after notice and hearing as provided in Subsection F and G.
E.
All such appeals shall be in writing on forms prescribed
by the Town Zoning Board of Appeals and which 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 the noise or light.
F.
Notice of hearing. Notice of any hearing shall be published by the Town Zoning Board of Appeals in the official newspaper of the Town, or if none, a newspaper of general circulation in the Town, at least five days prior to the date of said hearing. In addition to publication, the notice shall be subject to the same mailing and posting requirements established for hearings by the Zoning Board of Appeals in § 185-55 of Chapter 185. The applicant shall be responsible for the cost of publication, posting and mailing of such notice.
[Amended 4-1-2013 by L.L. No. 2-2013]
G.
Hearing. The Town Zoning Board of Appeals shall conduct
a public hearing on any application made pursuant to this chapter.
At such public hearing all those present and wishing to be heard shall
be given an opportunity to be heard.
H.
Proper filing of an application for a variance within
120 days after the date this chapter becomes effective shall exempt
the applicant from the specific provisions of this chapter from which
a variance is being sought for a period commencing on the date of
filing of the application and ending on the date the Town Zoning Board
of Appeals rules on the application.
The provisions of this chapter shall in no case
remove or render less restrictive limitations on noise generation,
illumination or other conditions imposed for specific properties by
actions of the Town of Newburgh Zoning Board of Appeals or by actions
of the Town of Newburgh Planning Board or required under other applicable
laws or regulations.
The provisions of this chapter shall be enforced
by the Police Department, the Town Building Inspector and other officials
designated by the Town Board. The Supervisor shall have authority
to designate which department or official has enforcement authority
over particular types of violations of this chapter.
[Amended 11-6-1995 by L.L. No. 7-1995]
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 or imprisonment for a term
not exceeding 15 days, or both. Each day that a violation shall continue
shall constitute a separate offense. The owners of premises upon which
prohibited acts occur shall be jointly and severally liable for violations
of this chapter.
