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NOISE
Chapter 158
NOISE
ARTICLE I General Provisions
§ 158‑1. Title. § 158‑2. Purpose. § 158‑3. Definitions. § 158‑4. Sound measurement criteria.
ARTICLE II Special Noise Sources
§ 158‑5. Radio, television sets and similar devices. § 158‑6. Hawkers and peddlers. § 158‑7. Drums; use restricted. § 158‑8. Animals and fowl. § 158‑9. Schools, hospitals and churches. § 158‑10. Construction of buildings and projects. § 158‑11. Vehicle repairs. § 158‑12. Train horns and whistles. § 158‑13. Additional regulations. ARTICLE III Amplified Sound § 158‑14. Registration required.
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§ 158‑1
BLOOMING GROVE CODE § 158‑2 § 158‑15. Requirements and duties. §
158‑16. Fees.
ARTICLE IV Penalties; Enforcement § 158‑18. Penalties for offenses. § 158‑19. Enforcement.
ARTICLE I General Provisions § 158‑1. Title. This chapter shall be known and may be cited as the "Town of Blooming Grove Noise Ordinance."' § 158‑2. Purpose. The purpose of this chapter is to prevent the making, creation or maintenance of excessive unnecessary, unnatural al or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use and which are a detriment to public health, peace, welfare or good order.
Note: See also Ch. 235, Zoning, § 235‑66, Performance standards, for additional provisions relating to noise.
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§ 158‑3 NOISE § 158‑3
§ 158‑3. Definitions. As used in this chapter, unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: A‑BAND LEVEL ‑ The total sound level of all noise as measured with a sound level meter using the A weighting network. The unit is the dbA. AMBIENT NOISE ‑ The all‑encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far. BAND PRESSURE LEVEL OF A SOUND FOR A SPECIFIED FREQUENCY BAND‑ The sound pressure level for the sound contained within the restricted band. COMMERCIAL PURPOSE ‑ The use, operation or maintenance of any sound amplifying equipment for the purpose of advertising any business or any goods or any services or for the purpose of attracting the attention of the public to or advertising for or soliciting patronage or customers to or for any performance, show, entertainment , exhibition or event, or for the purpose of demonstrating any such sound equipment. CYCLE ‑ The complete sequence of values of a periodic quantity which occur during a period. DECIBEL (db) ‑ A unit of level which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is 10 times the logarithm to the base 10 of this ratio. EMERGENCY WORK ‑ Work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.
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158‑3
BLOOMING GROVE CODE § 158‑3
FREQUENCY OF A FUNCTION PERIODIC IN TIME ‑ The reciprocal of the primitive period. The unit is the cycle per unit time and shall be specified.
MICROBAR ‑ A unit of pressure
commonly used in acoustics and is equal to one dyne per square centimeter. NONCOMMERCIAL PURPOSE ‑ The use, operation or maintenance of any sound equipment for other than a commercial purpose. "Noncommercial purpose" shall mean and include, but shall not be limited to, philanthropic, political, patriotic and charitable purposes. PERIODIC QUANTITY ‑ Oscillating quantity, the values of which recur for equal increments of time. PERIOD OF A PERIODIC QUANTITY ‑ The smallest increment of time for which the function repeats itself. SOUND‑AMPLIFYING EQUIPMENT ‑ Any machine or device for the amplification of the human voice, music or any other sound. Sound‑amplifying equipment shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. Sound‑amplifying equipment, as used in this chapter, shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes. SOUND ANALYZER ‑ A device for measuring the band pressure level or pressure spectrum level of a sound as a function of frequency. SOUND‑LEVEL METER ‑ An instrument, including a microphone, an amplifier, an output meter and frequency weighting networks, for the measurement of noise and sound levels in a specified manner.
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158‑3 NOISE § 158‑4
SOUND‑PRESSURE LEVEL IN DECIBELS OF A SOUND ‑ Twenty times the logarithm to the base 10 of the ratio of the pressure of this sound to the reference pressure, which reference pressure shall be explicitly stated. SOUND TRUCK ‑ Any motor vehicle, or any other vehicle regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto any sound‑amplifying equipment. SPECTRUM OF A FUNCTION OF TIME ‑ A description of its resolution into components, each of a different frequency.
§ 158‑4. Sound measurement criteria. A. Use of meters and filters. For the purpose of measuring the intensity and frequencies of sound, sound‑level meters and octave band filters shall be employed. Sounds of short duration which cannot be measured accurately with the sound‑level meter shall be measured with an impact noise filter in order to determine the peak value of the impact. B. Maximum permitted sound‑pressure level. The decibels resulting from any activity, whether open or enclosed, shall not exceed at any point on or beyond any lot line, the maximum decibel level for the designated octave band as set forth in the following table, except that, where the lot lies within 200 feet of a residence district, whether within or without the town, the maximum permitted decibel level at any point on or beyond the district boundary shall be reduced by six decibels from the ma3dmiim permitted level set forth in the table, and further, except that such reduction shall also apply to any sound emitted between the hours of 9:00 p.m. and 7:00 a.m., and all day Sunday.
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§ 158‑4
BLOOMING GROVE CODE § 158‑6
Octave Band Sound‑pressure level (cycles per second) (decibels) 0 to 74 66 75 to 149 58 150 to 299 55 300 to 599 50 600 to 1,199 45 1,200 to 2,399 42 2,400 to 4,799 38 4,800 to 20,000 35
ARTICLE II Special Noise Sources § 158‑5. Radio, television sets and similar devices.
A. Use restricted. It shall be unlawful for any person within any residential zone of the town to use or operate any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound (between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day) in such a manner as to disturb the peace, quiet and comfort of neighboring residents or any reasonable person of normal sensitivity residing in the area. B. Prima facie violation. Any noise exceeding the ambient noise level at the property line of any property (or, if a condominium or apartment house, within any adjoining apartment) by more than five decibels shall be deemed to be prima facie evidence of a violation of the provisions of this section.
§ 158‑6. Hawkers and peddlers. It shall be unlawful for any person within the town to sell anything by outcry within any area of the town zoned for residential uses. The provisions of this section shall not be
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§ 158‑6 NOISE § 158‑9
construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainments events.
§ 158‑7. Drums; use restricted.
It shall be unlawful for any person to use any drum or other instrument or device of any kind for the purpose of attracting attention by the creation of noise within the town. This section shall not apply to any person who is a participant in a school band or duly authorized parade or who has been otherwise duly authorized to engage in such conduct.
§ 158‑8. Animals and fowl.
No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior, shall cause annoyance or discomfort to a reasonable person of normal sensitivity in any residential neighborhood.
§ 158‑9. Schools, hospitals and churches.
It shall be unlawful for any person to create any noise on any street, sidewalk or public place adjacent to any school, institution of learning or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets, sidewalk or public place indicating the presence of a school, church or hospital.
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§ 158‑10 BLOOMING
GROVE CODE § 158‑13
§ 158‑10. Construction of buildings and projects.
It shall be unlawful for any person within a residential zone, or within a radius of 500 feet there from, to operate equipment or perform any outside construction or repair work on buildings, structures or projects or to operate any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist or other construction‑type device, except to perform emergency work between the hours of 9:00 p.m. of one day and 7:00 a.m. of the next day in such a manner that a reasonable person of normal sensitivity residing in the area is caused discomfort or annoyance.
§ 158‑11. Vehicle repairs.
It shall be unlawful for any person within any residential area of the town to repair, rebuild or test any motor vehicle (between the hours of 9:00 p.m. of one day and 7.00 a.m. of the next day) in such a manner that a reasonable person of normal sensitivity residing in that area is caused discomfort or annoyance.
§ 158‑12. Train horns and whistles.
It shall be unlawful for any person to operate or sound, or cause to be operated or sounded (between the hours of 9:00 p.m. of one day and 7:00 a.m. of the next day), a train horn or train whistle which creates a noise in excess of 89 dbA at any place or point 300 feet or more distant from the source of such sound.
§ 158‑13. Additional regulations.
A. It shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
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§ 158‑13 NOISE § 158‑14
B. The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:
(1) The volume of the noise; (3) Whether the nature of the noise is usual or unusual; (4) Whether the origin of the noise is natural or unnatural; (5) The volume and intensity of the background noise, if any; (6) The proximity of the noise to residential sleeping facilities; (7) The nature and zoning of the area within which the noise emanates; (8) The density of the inhabitation of the area within which the noise emanates; (9) The time of the day or night the noise occurs; (10) The duration of the noise; (11) Whether the noise is recurrent, intermittent or constant; and (12) Whether the noise is produced by a commercial or noncommercial activity.
ARTICLE III Amplified Sound
§ 158‑14. Registration required.
It shall be unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate within the town a loudspeaker or sound‑amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions,
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§ 158‑14 BLOOMING GROVE CODE § 158‑15 NOISE
talks, addresses, lectures or transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without first filing a registration statement and obtaining approval thereof as set forth in this article.
§ 158‑15. Requirements and duties. A. Registration statements; filing. Every user of sound amplifying equipment shall file a registration statement with the Town Clerk 21 days prior to the date on which the sound‑amplifying equipment is intended to be used (but the Clerk, in his discretion, may waive the time period), which statement shall contain the following information: (1) The name, address and telephone number of both the owner and user of the sound‑amplifying equipment; (2) The maximum sound producing power of the sound amplifying equipment, which shall include the wattage to be used, the volume in decibels of sound which will be produced and the approximate distance for which sound will be audible from the sound‑amplifying equipment; (3) The license and motor number if a sound truck is to be used; (4) A general description of the sound‑amplifying equipment which is to be used; and (5) Whether the sound‑amplifying equipment will be used for commercial or noncommercial purposes.
B. Registration statements; approval. The Town Clerk shall return to the applicant an approved certified copy of the registration statement unless he finds that:
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§ 158‑15 NOISE § 158‑17
(1) The conditions of the motor vehicle movement are such that use of the equipment would constitute a detriment to traffic safety; or (2) The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or (3) The registration statement reveals that the applicant would not be able to comply with the provisions of this chapter.
C. Registration statement; disapproval. In the event that the registration statement is disapproved, the Town Clerk shall endorse upon the statement his reasons for disapproval and return it forthwith to applicant. The applicant may, within five days thereafter, appeal to the Town Board, who may, after a public hearing thereon held after five days public notice, either approve or disapprove the application.
§ 158‑16. Fee&I
Prior to the issuance of the registration statement, a fee as set by resolution of the Town Board from time to time shall be paid to the town, if the loudspeaker or sound amplifying equipment is to be used for commercial purposes. No fee shall be required for the operation of a loudspeaker or sound amplifying equipment for noncommercial purposes.
§ 158‑17. Regulations. The commercial and noncommercial use of sound‑amplifying equipment shall be subject to the following regulations:
A. The only sounds permitted shall be either music or human speech, or both.
2 Editors Note: Amended at time of adoption of Code (see Ch. 1, General Provisions~ ArL 1).
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§ 158‑19 NOISE § 158‑19
§ 158‑19. Enforcement.3 This chapter shall be enforced by the Building Inspector and/or the Town of Blooming Grove Police Department.
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