PART II, GENERAL LEGISLATION

Chapter 114, NOISE

[HISTORY: Adopted by the Board of Trustees of the Village of Honeoye Falls 9-19-2011 by L.L. No. 4-2011EN. Amendments noted where applicable.]

GENERAL REFERENCES
Alarms -- See Ch. 55.
Parades -- See Ch. 118.
Peddling and soliciting-- See Ch. 127.

§ 114-1. Legislative Intent.

  1. Excessive sound and noises are a serious hazard to the public health, welfare and safety and the quality of life. It is the finding of the Village Board of Honeoye Falls that unnecessary noise degrades the environment of the Village. Persons and businesses in the Village have a right to, and be insured of, an environment free from excessive sound and noise.
  2. It is the policy of the Village of Honeoye Falls to prevent excessive sound and noise, further the provisions hereinafter set forth are in pursuance of and for the purpose of preserving, protecting and promoting the public health, safety and welfare of its inhabitants and the comfortable enjoyment of life, property and recreation and free of interference with the conduct of business and industry in the Village.

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§ 114-2. Definitions.

All terminology defined herein which relates to the nature of sound and the mechanical detection and recording of sound, where applicable, shall conform to the terminology of the American National Standards Institute (ANSI) or its successor body. The following terms shall have the meanings indicated:

ACTIVITY -- Any act or combination of acts which actually results in the production of sound.

AIRBORNE SOUND -- Sound that reaches the point of interest by propagation through the air. Approved sound measuring equipment shall meet ANSI SI.4 1971 standards and is described under the definition of "db (A)" below.

AIR-CONDITIONING AND AIR-HANDLING DEVICE -- Any device that is designed to be used or is actually used to cool, move or condition air including but not limited to air conditioners, cooling towers, compressors, fans and blowers.

AMBIENT NOISE -- The all-encompassing noise associated with a given environment, being usually composites of sounds from many sources, near and far.

ANSI -- American National Standards Institute, founded in 1918. The Institute oversees the creation, promulgation and use of thousands of norms and guidelines that directly impact businesses in nearly every sector: from acoustical devices to construction equipment, from dairy and livestock production to energy distribution, and many more.

A-WEIGHTED SOUND LEVEL -- The sound-pressure level in decibels as measured on a sound-level meter using the A-weighing network. The level so read is designated "db (A)" or "DBA."

AUDIBLE -- Any sound with a level that is capable of being heard; loud enough to be heard; actually heard; perceptible to the hearing.

CODE ENFORCEMENT OFFICER -- The Code Enforcement Officer of the Village of Honeoye Falls, or a designated representative as provided for in the Code of the Village of Honeoye Falls, Chapter 70, Building Code Administration & Enforcement.

C-WEIGHTED SOUND LEVEL -- The sound-pressure level, in decibels, as measured on a sound-level meter using the C-weighting network. The level so read is designated "db(C)" or "DBC." This is the "bass component" of sound.

COMMERCIAL -- Any occupancy or property use that is not residential (single or multi-family) or industrial or manufacturing. Typical commercial occupancies or property uses include: office, retail, restaurant, tavern, bank or manufacturing.

CONSTRUCTION -- Any activity necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, premises, parks, utility lines or other property, including but not limited to related activities such as land clearing, grading, earthmoving, excavating, blasting, landscaping and loading and unloading.

CONSTRUCTION DEVICE -- Any powered device or equipment designed and intended for use in construction. These include but are not limited to: air compressors, bulldozers, backhoes, trucks, shovels, cranes and power tools.

DECIBEL (abbreviation db) -- The unit for measuring the volume of a sound, based upon the pressure level of a sound. For the purpose of this chapter, the standard reference pressure stated herein will be used to assure a consistent and standard reference for measuring sound. The sound pressure level measured in decibels" is equal to 20 times the logarithm to the base 10 of the ration of the effective pressure of the sound measured.

EMERGENCY -- Any occurrence or set of circumstances as declared by State, County or Village agencies involving actual or imminent physical trauma or property damage which demands immediate action to protect the health, safety and welfare of persons or property from fire, flood, snow, ice, wind, etc.

EMERGENCY SIGNAL DEVICE -- Any gong, siren, whistle, air horn or similar device, the use of which on emergency vehicles is permitted by the Vehicle and Traffic Law.

EMERGENCY OPERATION

  1. The operation or parking of an authorized emergency vehicle when such vehicle is engaged in transporting a sick or injured person, responding to or working or assisting at the scene of an accident, disaster, public call, training exercise, alarm or fire or any other emergency.
  2. The work or activity that is necessary to prevent or recover from an emergency, including but not limited to work to repair public utility services, buildings and other structures.

EXCESSIVE NOISE -- Any airborne sounds of such level, frequency, duration and repetitiveness as to be or tend to be injurious to human health or welfare or that would unreasonably interfere with the enjoyment of life or property.

FREQUENCY -- A function period in time which is the reciprocal of the period and which is measured by the number of oscillations or cycles per second, expressed in hertz (Hz).

Hz -- The abbreviation for "hertz," and is equivalent to cycles per second.

MOTOR VEHICLE -- Every device in, upon or by which any person or property is or may be transported or drawn, which is propelled by any power other than muscular power, except vehicles which run only upon rails or tracks. This definition shall include but not be limited to trucks, buses, automobiles, vans, motorcycles, motor-driven cycles, motor scooters, dune buggies including both commercial and non commercial status.

NOISE-SENSITIVE ZONE -- An area adjacent to a site, including but not limited to any authorized school, church, house of worship, senior citizen center, day-care center, hospital or nursing home, which requires specific noise limitations.

NOISE -- See sound definition.

OWNER -- Includes the owner of the premises or lessee or agent of either of the above persons, a lessee of a device or his agent, a tenant, operator or any other person who has regular control of a device or an apparatus.

PERSON -- Any individual, partnership, company, corporation, association, firm, organization, governmental agency, administration or department or any other group of individuals, or any officer or employee thereof or any other form of association or organization or any legal entity whatsoever.

PREMISES -- Any tract of privately owned land including its buildings, or a building together with its grounds.

PUBLIC PLACE -- Any highway, road, street, avenue, public park, public driveway or other public way.

REAL PROPERTY LINE -- The boundary line, including its vertical extension, that separates one parcel of real property from another.

RECREATIONAL MOTOR VEHICLE -- Any vehicle which is propelled by any power other than muscular power that is designed for or capable of cross-country travel. This definition shall include but not be limited to trucks, automobiles, campers, motorcycles, motor-driven cycles, motor scooters, dune buggies, racing vehicles, snowmobiles, all-terrain vehicles, go-carts, mini-bikes, trail bikes, amphibious craft and all other types of motorized recreational vehicles. A "recreational vehicle" is also classed as a motor vehicle when such recreational vehicle is operated or driven upon a public highway.

RESIDENTIAL OUTDOOR EQUIPMENT -- All engine or motor powered garden or maintenance tools intended for repetitive use in residential areas used by a homeowner. Common residential sound producing devises include but are not limited to the following: lawn mowers, powered garden tools, riding tractors, snow blowers, leaf blowers, yard vacuums, chain saw and other similar utilitarian domestic devices and domestic power tools (drill, saw, sander, etc).

SOUND -- An oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium (American National Standards Institute terminology). The description of sound may include any characteristic of such sound, including duration, intensity and frequency.

SOUND LEVEL -- The weighted pressure level, measured by the use of a metering characteristic and the weighing A, B and C (ANSI terminology). For purposes of enforcing and interpreting the provisions of this chapter, unless a different frequency weighing is indicated, the A-weighing slow response shall apply.

SOUND-LEVEL METER -- An instrument for the measurement of sound levels in conformance with the requirements of ANSI specifications for sound-level meters.

SOUND-REPRODUCTION DEVICE -- Any device that is designed to be used or is actually used for the production or reproduction of sound, including but not limited to any musical instrument, radio, television, tape recorder, phonograph or any other sound-amplifying equipment.

SOUND SOURCE -- Any activity or device that produces sound.

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§ 114-3. Noise Regulations.

Exceeding the following noise limits are declared to be in violation of this chapter:

  1. Sound Reproducing Devices.
    1. No person shall use or operate or permit to be used or operated any radio, television, phonograph, musical instrument or other machine or device for the producing, reproducing or amplification of sound with louder volume than is necessary for convenient hearing for the person or persons who are voluntary listeners thereto. It shall be proof of a violation of this section if the sound emanating from such machine or device exceeds the following:
      1. Sound level of 50 DBA during the night time hours of 9 pm of one day and 8 am of the following day when measured at the real property line of the premises upon which the sound is emanating from; except that on Fridays and Saturdays the 9 pm becomes 11 pm.
      2. Sound level of 65 DBA during the day time hours of 8 am and 9 pm of the same day when measured at the real property line of the premises upon which the sound is emanating from; except that on Fridays and Saturdays the 9 pm becomes 11 pm.
      3. Sound level of 60 DBA when measured at a distance of 50 feet from such machine or device when operated in a public place at any time of day.
  2. Residential Operations. Except as may otherwise be authorized by the provisions of this chapter:
    1. No person shall operate, cause or permit to be operated any residential outdoor equipment or domestic power tool in such a manner that the sound level emitted therefrom exceeds 50 DBA during the night time hours of 8 pm of one day to 8 am of the following day, when measured at the real property line of the premises upon which the sound is emanating from.
    2. No person shall shout, yell, call, hoot, whistle or sing on private property in excess of 50 DBA during the night time hours of 8 pm of one day to 8 am of the following day, when measured at the real property line of the premises upon which the sound is emanating from.
  3. Motor Vehicles. This section shall apply to all motor vehicles, whether or not duly licensed or registered.
    1. Vehicle or boat motor operation, repair or testing. No person shall cause or permit the operation, repairing, rebuilding, modifying or testing of any motor vehicle or boat motor in such a manner that the sound level emitted therefrom exceeds 50 DBA during the night time hours of 8 pm of one day to 8 am of the following day, when measured at the real property line of the premises upon which the sound is emanating from.
    2. Standing Motor Vehicles. No person shall operate or cause or permit to be operated any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds or any auxiliary equipment attached to such vehicle for a period not to exceed 20 consecutive minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space so that the sound emanating from the vehicle exceeds 50 DBA during the night time hours of 8 pm one day and 7 am of the following day when measured at the real property line of the premises upon which the sound is emanating from.
    3. Solid Waste Compacting Vehicles. No person shall operate or cause or permit to be operated any solid waste compacting or recycling vehicle in such a manner that the sound level emanating therefrom exceeds 70 DBA when measured 10 feet from any point of the vehicle. No solid waste or recycling collection shall be permitted during the night time hours of 8 pm of one day and 6 am of the following day within the Village for noise control.
  4. Recreational Motorized Vehicles. This section shall apply to all recreational motorized vehicles, whether or not duly licensed and registered. No person shall operate or cause or permit to be operated any recreational motorized vehicle or any auxiliary equipment of such vehicle on private property in such a manner that the sound level emitted therefrom exceeds 50 DBA during the night time hours of 8 pm of one day to 8 am of the following day, when measured at the real property line of the premises upon which the sound is emanating from.
  5. Air Conditioning & Air Handling Devices. In areas zoned residential, no person shall operate or cause or permit to be operated an air-conditioning or air-handling device in such a manner that the sound level emitted therefrom exceeds 55 DBA at any time of day, when measured at the real property line of the premises upon which the sound is emanating from.
  6. Construction Activities. No person shall engage in or permit any person to be engaged in construction activities in such a manner that the sound level emitted therefrom exceeds 50 DBA during the night time hours of 8 pm of one day to 8 am the of following day, when measured at the real property line of the premises upon which the sound is emanating from.
  7. Commercial & Industrial Operations. No person shall operate or cause or permit to be operated on a commercial, business or industrial site an operation in such a manner that the sound level emitted therefrom exceeds the following:
    1. Sound level of 70 DBA when measured at the real property line of the premises upon which the sound is emanating from during the day time hours of 8 am and 8 pm of the same day.
    2. Sound level of 50 DBA when measured at the real property line of the premises upon which the sound is emanating from during the night time hours of 8 pm of one day to 8 am of the of following day.

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§ 114-4. Excessive noise prohibited.

Notwithstanding the Regulations in Sec 114- 3 of this Chapter, no person shall make, continue to make or cause to be made; or permit to be made or continued to be made any excessive noise as defined in this Chapter.

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§ 114-5. Method of sound level measurement.

The measurement of any sound or noise shall be made with a sound-level meter using an A-scale decibel level. The measurement shall be conducted at the real property line of the property upon which such noise is generated.

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§ 114-6. Exceptions to provisions.

The provisions of this section shall not apply to the following:

  1. The emission of sound from normal agriculture activities.
  2. The emission of sound for the purpose of alerting persons to the existence of an emergency and the passage of vehicles for that purpose.
  3. The emission of sound in the performance of an emergency operation including utility trucks.
  4. Village approved or sponsored public events.
  5. Organ, bells, chimes or other similar instrument, that use sound amplifying devices to broadcast the sound of bells or chimes by a school, church, synagogue, mosque or other house of worship when used as part of religious service or funeral procession; when operated between the hours of 9 am and 9 pm of the same day.
  6. Seasonal Music. Use of loudspeakers in non-residential-zoned districts of the Village solely to broadcast seasonal music from December 15 through January l of the following year, between the hours of 9 am and 9 pm of the same day.
  7. The use of amplifiers or other sound-producing instruments or equipment in connection with any religious or any permitted athletic competition or recreational event held on athletic fields, stadiums or public places in the Village.
  8. Vehicles that are used to sell ice cream or similar products equipped with a bell or sound reproducing device operated by the driver of such vehicle, provided that no such bell or any sound produced from the vehicle shall be capable of being heard from a distance greater than 400 feet and only between the hours of 9 am and 9 pm of the same day.

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§ 114-7. Enforcement.

The provisions of this chapter shall be enforced by the Code Enforcement Officer. For purposes of enforcement of the provisions of this chapter, an enforcement official may enter and/or inspect any private property or place at any reasonable time when granted permission by the Owner for the limited purpose of obtaining accurate sound-level readings. Such inspection may include administration of any necessary tests.

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§ 114-8. Notice of violation.

An emission from any source of noise in excess of the limitations established in or pursuant to this chapter shall be deemed and is hereby declared to be a public nuisance and shall be cause for a Notice of Violation to be issued by the Code Enforcement Officer. The Notice shall provide a reasonable time period within which to bring the excessive noise into compliance.

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§ 114-9. Penalties for offenses.

Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine of $250 for the first offense, $500 for the second offense and $1,000 for the third offense or by imprisonment for a term of not more than 15 days, or by both such fine and imprisonment, for each violation. Multiple offenses shall be calculated within a two year calendar time frame.

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§ 114-10. Inconsistent provisions.

If the provisions of this chapter are inconsistent with any other provision in this Code, or with any rule or regulation of any department, bureau or governmental agency of the Village of Honeoye Falls, the provisions of this Chapter shall be controlling.

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