Kirkwood, NY Noise Ordinance

"Good Neighbors Keep Their Noise to Themselves"

TOWN OF KIRKWOOD, NY
ZONING ORDINANCE

ARTICLE V
SUPPLEMENTARY STANDARDS

(NPC posted this March 2004)

SECTION 501 Performance Standards

Land uses in all districts shall operate within the limits specified as follows as safe guards and conditions for the protection of the community welfare.

Standard methods of collection, measure and chemical analysis, or any method approved by the United States Bureau of Standards, shall be used in the application of these standards.

SECTION 501.1 Noise
(Amended October 4, 1983 by LL No. 7-1983)

Measurement of Noise

1.	The measurement of noise or sound shall be made by the town enforcement officer or his 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 in order to determine that the average of three readings taken over a 15-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 (4) feet from ground level.
4.	Compliance with noise limits is to be maintained at all elevations at the boundary of the property.
5.	For any source of sound which emits a pure tone or impulsive sound, the maximum sound level limits set forth in subparagraph B shall be reduced by five dBA.

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 Limit,dBA
Residence (R)
Residence (R-l)
Rural Residence (R-R)	7:00a.m. -9:00p.m.	60
Residence Multi (R-M)	9:00p.m. -7:00a.m.	50
Planned Mobile Home
Planned Development - Residential

Business One (B-1)
Business Two (B-2)	All hours	60
Planned Development - Business and Commercial
Industrial Development	All hours	60
Planned Development - Industrial

C. Exemptions

The provisions of subparagraph B shall not apply to:

1.	The use of bells, chimes or sound amplifiers by churches engaged in church activities.
2.	Activities of the Town 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 Town.
4.	Motor vehicles and motorcycles operating off public rights-of-way pursuant to permission or authority of the Town.
5.	Refuse collecting vehicles as regulated pursuant to subparagraph D(5).
6.	Recreational motorized vehicles operating off public rights-of-way as regulated pursuant -to subparagraph D( 4).
7.	The use of snow blowers, lawn mowers and domestic power tools.
8.	Electrical distribution transformers.

D. Specific Prohibition

Without limiting the general applicability of subparagraph B, the following acts are further regulated as herein provided:

Sound Trucks

(a)

A sound truck as referred to herein shall mean a motor vehicle or trailer containing sound amplification equipment capable of generating a sound level reading of 65 dBA or more measured at a distance of 50 feet from the source.

(b)

Sound trucks maybe operated in accordance with the following regulations upon the issuance of a permit by the Town Zoning Board of Appeals for each occasion and each location:

(1)	Sound trucks shall not be operated in the Town before 9:00 a.m and 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 ten miles per hour.
(3)	Stationary sound trucks are prohibited in all R, RI, R-R, R-M, Planned Mobile Home and Planned Development-Residential Districts in the Town, but may be operated in all other zoning districts during the hours referred to above.

Noise Sensitive Zones: Schools, Courts, Churches, Hospitals, Nursing Homes, etc.

The creation of excessive noise on a street 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 or nursing home, is prohibited provided that conspicuous signs are displayed in such a street indicating that it is a school, hospital, church or court street.

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 dBA
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 lbs. or more	86	90	88
All other motor vehicles of GVWR or GCWR of 10,000 lbs. or more	82	86
Any motorcycle	82	86
Any other motor vehicle or any combination of vehicles towed by any motor vehicle	76	80

Recreational Motorized Vehicles Operating Off Public Rights-of-Way.

(a)	Except as permitted in subsection (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 (15 meters) or more from the path of said vehicle.
(b)	This section shall apply to all recreational motorized vehicles, whether or not duly licensed and registered, including, but not limited to, commercial or non-commercial 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 Town according to appropriate procedures.

Vehicle Type	Sound Level, dBA
Snowmobile	75
Any Other Vehicle	82

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 dBA when measured at 23 feet (7 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 an R, R-1, R-R, R-M, Planned Mobile Home and Planned Development-Residential Districts or noise sensitive zone as defined in subparagraph 2 of this subparagraph D.

Standing Motor Vehicles(Amended December 3,2002 by LL No. 6-2002)

No person shall operate or permit the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of ten thousand (10,000) pounds, or any auxiliary equipment attached or intended to be attached to such a vehicle, while the vehicle is stationary, for reasons other than traffic congestion or emergency, loading or unloading in R, R-1, A/R-R, R-M, B-1, B-2, Planned Mobile Home and Planned Development - Residential Districts or noise sensitive zone as defined in subparagraph 2 of this subparagraph D, or within 150 feet (46 meters) of such districts or noise sensitive zone, except farm machinery being operated in a A/R-R District or at a truck stop facility in a B-2 District after site plan review.

Tampering

The moving or rendering inaccurate or inoperative of any sound monitoring instrument or device positioned by the Town 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.