The Village Board of Trustees finds and determines
that there are numerous local bars, lounges, and nightclubs within
the Village of Lake George that entertain their patrons, in part,
through live or reproduced, amplified entertainment. The noise produced
by this entertainment affects the health, safety, peace, quiet, and
enjoyment of the residents and visitors of the Village. The Board
of Trustees of the Village has determined that it needs to regulate
the noise generated by such establishments and noise generated by
other forms such as vehicles and construction. This article is intended
to preserve, protect and promote the public health, safety, welfare
and peace of the people of the Lake George. It is the policy of the
Village that property within the Village may not be utilized in a
manner that detrimentally affects the reasonable use and enjoyment
of adjacent or neighboring property and that excessive, unnecessary,
unreasonable or unusually loud noise results in such detrimental effect,
especially between the hours of 11:00 p.m. and 12:00 noon.
A.
Measurement of noise.
(1)
The measurement of noise or sound shall be made by
the Village Code Enforcement Officer or his/her designee with a sound-level
meter meeting the standards prescribed by the American National Standards
Institute S1.4.
(2)
Except where otherwise prescribed, the slow meter
response of the sound-level meter shall be used to determine that
the average of three readings taken over a fifteen-minute period does
not exceed the limiting sound levels set forth in this section.
(3)
Measurement of noise levels shall be made at the prescribed
locations and shall be taken at least four feet from the ground level.
(4)
Compliance with noise limits is to be maintained at
all elevations at the boundary of the property.
B.
Maximum permissible sound levels by receiving land
use. No person shall operate or cause to be operated on private property
any source of sound in such a manner as to create a sound level which
exceeds the limits set forth for the receiving land use category below
when measured at or within the property boundary of the receiving
land use:
|
Receiving Land Use District
|
Time of Day
|
Sound Level Limits
(dB)
| |
|---|---|---|---|
|
Residential and residential mixed use
|
All hours
|
65
| |
|
All commercial zones
|
9:00 a.m. to 11:00 p.m.
|
75
| |
|
11:00 p.m. to 9:00 a.m.
|
65
|
D.
Exemptions. The provisions of Subsection B shall not apply to:
(1)
The use of bells, chimes or sound amplifiers by churches
engaged in church activities.
(2)
Activities of the Village or volunteer fire companies
in the performance of their duties, drills, or public demonstrations.
(3)
Activities in public parks, playgrounds or public
buildings under permission or authority of the Village.
(4)
Motor vehicles and motorcycles operating off public
rights-of-way pursuant to permission or authority of the Village.
(6)
Recreational motorized vehicles operating off public rights-of-way as regulated pursuant to Subsection E(4).
(7)
The use of snowblowers, lawnmowers and domestic power
tools.
(8)
Electrical distribution transformers.
(9)
Sounds that have a duration of less than five minutes
between the hours of 9:00 a.m. and 11:00 p.m., including but not limited
to a calliope, cannon or boat whistle or horn.
E.
Specific prohibition. Without limiting the general applicability of Subsection B, the following acts are further regulated as herein provided:
(1)
Sound trucks.
(a)
A "sound truck" as referred to herein shall
mean a motor vehicle or trailer containing sound amplification equipment
capable of generating sound-level readings of 65 dB or more measured
at a distance of 50 feet from the source.
(b)
Sound trucks may be operated in accordance with
the following regulations upon the issuance of a permit by the Village
Board of Trustees for each occasion and each location:
[1]
Sound trucks shall not be operated before 9:00
a.m. or after 9:00 p.m.
[2]
Moving sound trucks shall keep to the extreme
right-hand side of the road and shall proceed at a speed of not less
than 10 miles per hour.
[3]
Stationary sound trucks are prohibited in all
residential districts and may not operate in all other zoning districts
during the hours referred to above.
(2)
Noise-sensitive zones: schools, courts, churches,
hospitals, nursing homes, libraries, etc. The creation of excessive
noise on a street or a right-of-way adjacent to a school, institution
of learning, church or court while in use or adjacent to a hospital
or nursing home, which unreasonably interferes with the working of
the institution or which disturbs or unduly annoys patients in the
hospital, nursing home or patrons of a library, is prohibited, provided
that conspicuous signs are displayed in such a street indicating that
it is a school, hospital, church or court street.
(3)
Motor vehicles and motorcycles operating off public
rights-of-way. No person shall operate or cause to be operated a motor
vehicle or motorcycle off a public right-of-way at any time and in
such a manner that the sound level emitted by the motor vehicle or
motorcycle exceeds the following levels measured at 50 feet or 15
meters:
|
Sound Level in dB
| |||
|---|---|---|---|
|
Vehicle Class
|
Speed Limit 35 mph or Less
|
Speed Limit Over 35 mph
|
Stationary Runup
|
|
Motor carrier vehicle engaged in interstate
commerce of GVWR or GCWR of 10,000 pounds or more
|
86
|
90
|
88
|
|
All other motor vehicles of GVWR or GCWR of
10,000 pounds or more
|
82
|
86
| |
|
Any motorcycle
|
82
|
86
| |
|
Any other motor vehicle or any combination of
vehicles towed by any motor vehicle
|
76
|
80
| |
(4)
Recreational motorized vehicles operating off public
rights-of-way.
(a)
Except as permitted in Subsection E(4)(c), no person shall operate or cause to be operated any recreational motorized vehicle off a public right-of-way in such a manner that the sound level emitted therefrom exceeds the following limits at a distance of 50 feet or 15 meters or more from the path of said vehicle.
|
Vehicle Type
|
Sound Level dB
| |
|---|---|---|
|
Snowmobile or any other vehicle
|
82
|
(b)
This subsection shall apply to all recreational
motorized vehicles, whether or not duly licensed and registered, including,
but not limited to, commercial or noncommercial racing vehicles, go-carts,
snowmobiles, amphibious craft, campers and dune buggies, but not including
motorboats.
(c)
Permits for motor vehicle racing events may
be obtained from the Village according to appropriate procedures.
(5)
Refuse collection vehicles. No person shall:
(a)
Operate or permit the operation of the compacting
mechanism of any motor vehicle which compacts refuse and which creates,
during the compacting cycle, a sound level in excess of 80 dB when
measured at 23 feet (seven meters) from any point on the vehicle;
or
(b)
Collect refuse with a refuse collection vehicle
between the hours of 9:00 p.m. and 6:00 a.m. the following day in
any residential or commercial district.
(6)
Standing motor vehicles. No person shall operate or
permit the operation between the hours of 9:00 p.m. and 7:00 a.m.
the following day of any motor vehicle with the gross vehicle weight
rating (GVWR) in excess of 10,000 pounds, or any auxiliary equipment
attached to such a vehicle, for a period longer than 30 minutes in
any hour while the vehicle is stationary, for reasons other than traffic
congestion or emergency, on a public right-of-way or public space
in any residential districts.
(7)
Tampering. The moving or rendering inaccurate or inoperative of any sound monitoring instrument or device positioned by the Village or its designated employee or agent is prohibited, provided such device or the immediate area is clearly labeled to warn of the potential illegality of such tampering. All violations of this provision are subject to the penalties set forth in § 220-121 of this chapter.
F.
Building construction. Operating or permitting the operation of any
tool or equipment used in construction, drilling or demolition work,
including but not limited to the excavation, alteration, construction
or repair of any building between the hours of 10:00 p.m. and 7:00
a.m., except in the case of an emergency or interests of the public
safety and then only with a permit from the Zoning Administrator.
[Added 8-15-2016 by L.L.
No. 7-2016]
[Amended 2-10-2020 by L.L. No. 1-2020]
No person shall operate or use or cause to be operated or used any sound reproduction device or drum kit for any commercial or business purpose or for the purpose of attracting attention to any performance, show or sale or display of merchandise in connection with any commercial or business enterprise, in front or outside any building, place or premises or in or through any aperture of such building, place or premises abutting on or adjacent to a public street, sidewalk, park or place or in or upon any vehicle operated, standing or being in or on any public street, sidewalk, park or place where the sound therefrom may be heard upon any public street, sidewalk, park or place, provided that the foregoing shall not prohibit any such sound otherwise prohibited above that is specifically approved as part of any bar, tavern, nightclub, full-service restaurant approved pursuant to this chapter, or as specifically approved as part of a permit issued by the Village Board pursuant to Chapter 135, Article II, of this Code, or associated with a permit issued pursuant to Chapter 182 of this Code.
A.
Any person found guilty of violating any of the provisions
of this article shall, upon conviction, be punishable by a minimum
fine of $500 and a maximum fine of $1,000 for the first violation
and a minimum fine of $1,000 and a maximum fine of $2,000 for each
violation thereafter. Each occurrence in contravention of the provisions
of this chapter constitutes a separate violation.
B.
Further, any person found guilty of violating any
of the provisions of this chapter shall also be subject to a revocation
of his or her business license upon a simple majority vote of the
Village Board of Trustees.
A.
The purpose of this section is to provide for variances
from this article in cases where the strict application thereof would
result in practical difficulties or unnecessary hardships inconsistent
with the general purpose and objectives of this article.
(1)
Any variance of this article may be granted by the
Village Board of Trustees in accordance with the standards and procedures
set forth herein. In granting a variance, the Board of Trustees may
impose conditions to protect the best interests of the inhabitants
of the premises, surrounding property owners and occupants, the immediate
neighborhood and the Village as a whole.
(2)
Variances may be instituted by filing an application with the Village Clerk using forms supplied by the Board of Trustees, which shall include all information to be considered by the Board of Trustees necessary to make its findings under Subsection B herein.
(3)
Any variance of the provisions of this article may
be granted only in the event that at least one of the following circumstances
is specifically found to exist by the Board of Trustees and is so
stated in the Board's findings:
(a)
That the strict application of said provisions
of this article would result in a specified unnecessary hardship to
the applicant which arises because of exceptional or extraordinary
circumstances to which the applicant is subject and which do not generally
apply to other property owners or occupants in similar circumstances
or other circumstances over which the applicant has no control.
(b)
That the property in question cannot yield a
reasonable financial return if used in a manner consistent with the
provisions of this article.
(c)
That the variance would not be materially detrimental
to the purposes of this article or to the owners or occupants of property
in the district in which the property is located and that the variance
requested is the minimum variance which would alleviate the specific
unnecessary hardship found by the Board to affect the applicant.
B.
Within 30 days of receipt by the Village Board of a completed application for a variance, the Board shall give notice by public advertisement in the official newspaper of a public hearing to be held on the application not fewer than 10 days nor more than 30 days after such notice. Within 30 days of the completion of the public hearing, the Board shall grant, grant with conditions, or deny the variance for which the application has been made. The decision of the Board shall be in writing and shall contain each of the findings specified in § 220-119, Prohibitions and exemptions, and the factual basis for each finding from the record of the hearing, which shall support the decision of the Board.
[Added 8-15-2016 by L.L.
No. 7-2016]
This article shall take effect upon filing in the office of
the Secretary of State of New York State.
