City Code: Chapter 66 – Noise
ARTICLE I
General
Provisions
~ 66-1. Findings and declarations.
It is found and
declared that:
A. The making, creation or maintenance of
loud, unnecessary, unnatural or unusual noises which are prolonged, unusual and
unnatural in their time, place and use affect and are a detriment to the public
health, comfort, convenience, safety, welfare and prosperity of the residents of
the City of Yonkers.
B. The necessity in the public
interest for the provisions and prohibitions hereinafter contained and enacted
is declared as a matter of legislative determination and public policy, and it
is further declared that the provisions and prohibitions hereinafter contained
and enacted are in pursuance of and for the purpose of securing and promoting
the public health, comfort, convenience, safety, welfare, prosperity and the
peace and quiet of the City of Yonkers and its inhabitants.
~ 66-2.
Definitions.
As used in this chapter, the following terms shall have the
meanings as indicated:
COMMERCIAL AREA -- A group of commercial
facilities and the abutting public rights-of-way and public
spaces.
COMMERCIAL FACILITY -- Any premises, property or facility
involving traffic in goods or furnishing of services for sale or profit,
including but not limited to:
A. Banking and other
financial institutions.
B. Dining
establishments.
C. Establishments for providing retail
services.
D. Establishments for providing wholesale
services.
E. Establishments for recreation and
entertainment.
F. Office
buildings.
G. Transportation.
H. Warehouse.
CONSTRUCTION
-- Any site preparation, assembly, erection, repair, alteration or similar
action, but excluding demolition of buildings or
structures.
DECIBEL -- The practical unit of measurement for sound
pressure level. The number of "decibels" of a measured sound is equal to twenty
(20) times the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to the sound pressure of a standard sound [twenty (20)
micropascals]; abbreviated "dB."
DEMOLITION -- Any dismantling,
intentional destruction or removal of buildings or
structures.
EMERGENCY WORK -- Any work or action necessary to
deliver essential services, including but not limited to repairing water, gas,
electricity, telephone or sewer facilities or public transportation facilities,
removing fallen trees on public rights-of-way or abating life-threatening
conditions.
INDUSTRIAL FACILITY -- Any activity and its related
premises, property, facilities or equipment involving the fabrication,
manufacture or production of durable or nondurable goods.
MOTOR
VEHICLE -- Any vehicle that is propelled or drawn on land by an engine or
motor.
MUFFLER -- A sound-dissipative device or system for abating
the sound of escaping gasses of an internal combustion
engine.
MULTI-DWELLING-UNIT BUILDING -- Any building wherein there
are two (2) or more dwelling units.
NOISE CONTROL OFFICER -- An
officer of the municipality trained in the measurement of sound or a City of
Yonkers police officer. Said official is empowered to issue an appearance ticket
for violation of this chapter.
NOISE DISTURBANCE -- Any sound
that:
A. Endangers the safety or health of any
person;
B. Disturbs a reasonable person of normal
sensitivities; or
C. Endangers personal or real
property.
PERSON -- Any individual, corporation, company,
association, society, firm, partnership or joint-stock
company.
PUBLIC RIGHT-OF-WAY -- Any street, avenue, boulevard,
road, highway, sidewalk, alley or parking lot used by members of the general
public.
PUBLIC SPACE -- Any real property or structures thereon
that are either owned, leased or controlled by a governmental entity or used by
members of the general public. "Public space" includes but is not limited to
parks, sports fields, lots, etc.
REAL PROPERTY LINE -- Either the
imaginary line, including its vertical extension, that separates one (1) parcel
of real property from another or the vertical and horizontal boundaries of a
dwelling unit that is one in a multi-dwelling-unit
building.
RESIDENTIAL AREA -- A group of residential properties and
the abutting public rights-of-way and public spaces.
RESIDENTIAL
PROPERTY -- Property used for human habitation, including but not limited
to:
A. Private property used for human
habitation.
B. Commercial living accommodations and
commercial property used for human
habitation.
C. Recreational and entertainment property
used for human habitation.
D. Community service property
used for human habitation.
SOUND LEVEL -- The sound pressure level
measured in decibels with a sound-level meter set for A-weighting; "sound level"
is expressed in "dBA."
SOUND-LEVEL METER -- An instrument used to
measure sound level which conforms to Type 1 or Type 2 standards as specified by
ANSI Specification S1.4-1971.
WEEKDAY -- Any day, Monday through
Friday, that is not a legal holiday.
WEEKEND -- Saturday and
Sunday.
~ 66-3. Noise disturbance prohibited.
It shall be
unlawful for any person to make, continue, cause, permit or allow, verbally or
mechanically, any noise disturbance.
~ 66-4. Enumeration of
prohibited noises.
The following acts are declared to be a violation of ~
66-3. Said enumeration shall not be deemed to be
exclusive.
A. Sound-reproduction systems: operating,
playing or permitting the operation or playing of any radio, phonograph, tape
player, compact disc player, television, receiver or similar device that
reproduces or amplifies sound in such a manner as to create a noise disturbance
for any person other than the operator of the
device.
B. Loudspeakers and public-address systems:
using or operating any loudspeaker, public-address system or similar device
between the hours of 10:00 p.m. and 9:00 a.m. of the following day such that the
sound therefrom creates a noise disturbance across a residential real property
line.
C. Animals and birds: owning, possessing or
harboring any animal or bird that frequently or for continued duration makes or
creates a noise disturbance across a residential real property line. A noise
disturbance is created by a dog barking continually for ten (10) minutes or
intermittently for thirty (30) minutes.
D. Loading and
unloading: loading, unloading, opening, closing or other handling of boxes,
crates, containers, bales, cans, drums, refuse or similar objects or the pumped
loading or unloading of materials in liquid, gaseous, powder or pellet form
between the hours of 10:00 p.m. and 7:00 a.m. the following day when the sound
therefrom creates a noise disturbance across a residential real property
line.
E. Motor vehicles: operating or permitting the
operation of any motor vehicle or any auxiliary equipment attached to such a
vehicle for a period of longer than five (5) minutes in any sixty-minute period
while the vehicle is stationary for reasons other than traffic congestion or
emergency work on a public right-of-way or public space within one hundred fifty
(150) feet of a residential area or operating or permitting the operation of any
motor vehicle so out of repair or in such a condition as to create a noise
disturbance.
F. Construction, repair and demolition:
operating or permitting the operation of any tool or equipment used in
construction, repair, demolition or excavation between the hours of 6:00 p.m.
and 7:00 a.m. the following day or at any time on weekends or legal holidays.
Such operation does not constitute a violation if the tool or equipment is used
in an emergency situation or if the tool or equipment is equipped with a
functioning muffler or if the operator is issued a variance pursuant to Article
II of this chapter.
G. Sound devices on public
transportation: operating, playing or permitting the operation or playing of any
radio, phonograph, tape player, compact disc player, television receiver or
similar device on or in any method of public transportation in such a manner
that the sound from such device is audible to any other
person.
H. Miscellaneous sound producers: creating or
emitting a noise which constitutes a noise disturbance by any manner, including
but not limited to a horn, siren, whistle, yell, shout, bell, musical
instrument, tool, engine, etc.
~ 66-5. Prima facie evidence of noise
disturbance.
The following shall be considered prima facie evidence of
noise disturbance:
A. A sound-level reading taken at a
dwelling within a multi-dwelling-unit building, arising from any location within
a multi-dwelling-unit building, above fifty (50) dBA during the time period
commencing at 7:00 a.m. and ending at 10:00 p.m.
B. A
sound-level reading taken at a dwelling within a multi-dwelling-unit building,
arising from any location within a multi-dwelling-unit building, above
forty-five (45) dBA during the time period commencing at 10:00 p.m. and ending
at 7:00 a.m. the next day.
C. A sound-level reading
taken at a residential property, arising from another residential property,
above fifty-five (55) dBA during the time period commencing at 7:00 a.m. and
ending at 10:00 p.m.
D. A sound-level reading taken at a
residential property, arising from another residential property, above fifty
(50) dBA during the time period commencing at 10:00 p.m. and ending at 7:00 a.m.
the next day.
E. A sound-level reading taken at a
residential property, arising from a commercial property, an industrial
property, a public space or a public right-of-way, above seventy-five (75) dBA
during the time period commencing at 7:00 a.m. and ending at 10:00
p.m.
F. A sound-level reading taken at a residential
property, arising from a commercial property, an industrial property, a public
space or a public right-of-way, above fifty (50) dBA during the time period
commencing at 10:00 p.m. and ending at 7:00 a.m. the next
day.
G. A sound-level reading taken at a commercial
property at any time, arising from any property source, above seventy-five (75)
dBA.
H. A sound-level reading taken at an industrial
property at any time, arising from any property source, above seventy-five (75)
dBA.
I. A sound plainly audible at a distance of fifty
(50) feet from its source.
~ 66-6. Exemptions.
The following
sounds are exempt from the restrictions of this
chapter:
A. Sounds from domestic power tools, lawn
mowers and garden equipment when operated between the hours of 9:00 a.m. and
8:00 p.m., provided that they produce less than eighty-five (85) dBA at or near
any real property line of a residential
property.
B. Sound for the bells or chimes of a church,
synagogue or other house of worship.
C. Sound from a
snow blower, snow thrower, electric snow shovel or snowplow used for the purpose
of snow removal.
D. Sound from an exterior burglar alarm
of any building or motor vehicle, provided that such alarm shall terminate
within fifteen (15) minutes after it has been
activated.
E. Sound used for the purposes of alerting a
person of an emergency.
F. Sound from the performance of
emergency work.
G. Sound from a municipally sponsored or
approved celebration or event.
~~ 66-7 through 66-9.
(Reserved)
ARTICLE II
Conditions for
Variances
~ 66-10. Application.
A. Any person who
owns or operates any stationary noise source may apply to the Director of the
Bureau of Housing and Buildings for a variance from one (1) or more of the
provisions of this chapter.
B. Applications for a permit
of variance shall supply information including but not limited
to:
(1) The name and address of the
applicant.
(2) The nature and location of
the noise source for which such application is
made.
(3) The reason for which the permit of
variance is requested, including the hardship that will result to the applicant
or the public if the permit of variance is not
granted.
(4) The nature and intensity of
noise that will occur during the period of the
variance.
(5) The section or sections of
this chapter for which the permit of variance shall
apply.
(6) A description of interim noise
control measures to be taken by the applicant to minimize noise and the impact
occurring therefrom.
(7) A specific schedule
of noise control measures.
(8) A
presentation of adequate proof that noise levels occurring during the period of
the variance will not constitute a danger to public
health.
(9) A presentation of adequate proof
that compliance with this chapter would impose an arbitrary or unreasonable
hardship upon the applicant without equal or greater benefit to the
public.
C. The applicant's failure to supply the
required information required by this article shall be cause for rejection of
the application.
~ 66-11. Permit fee; duration of
variance.
A. The Director of the Bureau of Housing and
Buildings may charge the applicant a fee of one hundred dollars
($100.).
B. The duration of the permit of variance shall
not exceed one (1) year but may be limited by the Director to any period of time
up to one (1) year.
C. A copy of the permit shall be on
file with the City of Yonkers Bureau of Housing and Buildings.
~
66-12. Approval of variance.
In granting the application for permit of
variance, the Director of the Bureau of Housing and Buildings shall
consider:
A. The character and degree of injury to or
interference with the health and welfare or use of the property which is
affected.
B. The social and economic value of the
activity for which the variance is sought.
C. The
ability of the applicant to apply the best practical noise control
measures.
~ 66-13. Revocation of variance.
The permit of
variance may be revoked by the Director of the Bureau of Housing and Buildings
if:
A. There is a violation of one (1) or more
conditions of the variance;
B. There is a material
misrepresentation of fact in the permit application;
or
C. There is a material change in any of the
circumstances relied upon by the Director in granting the
variance.
~~ 66-14 through 66-16. (Reserved)
ARTICLE III
Permit for Use of Sound-Producing
Devices
~ 66-17. Permit required.
No person shall operate, use or
permit operation of any sound-producing device on or in front of any public
right-of-way or public space without a permit from the Police Commissioner of
the City of Yonkers Police Department. Such permit shall be issued at the
discretion of the Commissioner and in accordance with such rules and conditions
as he may describe.
~ 66-18. Revocation of permit.
A permit
issued pursuant to ~ 66-17 of this chapter may be revoked by the Police
Commissioner of the City of Yonkers Police Department at his
discretion.
~~ 66-19 through 66-21. (Reserved)
ARTICLE IV
Enforcement; Penalties
~ 66-22.
Abatement orders.
A noise control officer or a police officer of the City
of Yonkers may issue an order requiring abatement of any source of sound alleged
to be in violation of this chapter. Such abatement must be made within a
reasonable time period and according to the conditions prescribed by the
officer.
~ 66-23. Issuance of summons.
Violation of any
provision of this chapter or of an abatement order shall be cause for an
appearance ticket to be issued by the noise control officer or a police officer
of the City of Yonkers.
~ 66-24. Penalties for offenses.
Any
violation of any provision of this chapter or violation of a lawful abatement
order shall constitute a Class II offense.