2013-1612013-161
Resolution Adopting "Local Law No. 10 of the Year 2013, Noise Control Law of the Town
of Wappinger"
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 24,
2013.
The meeting was called to order by Barbara Gutzler, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor
Councilmembers
Barbara Gutzler
William H. Beale
Vincent F. Bettina
Ismay Czarniecki
Michael Kuzmicz
ABSENT:
The following Resolution was introduced by Councilman Beale and seconded by
Councilman Kuzmicz.
WHEREAS, a Resolution was duly adopted by the Town Board of the Town of
Wappinger introducing proposed Local Law No. 10 of the Year 2013, Noise Control Law of the
Town of Wappinger; and
WHEREAS, the Public Hearing was duly advertised in the Poughkeepsie Journal and the
Southern Dutchess News, the official newspapers of the Town; and
WHEREAS, the Public Hearing was held on June 24, 2013, and all parties in attendance
were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law
or any part thereof; and
WHEREAS, the Town Board made a Negative Declaration of Significance pursuant to
SEQRA and the Town's Environmental Quality Review Law with respect to the adoption of this
Local Law; and
WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that
it is in the best interest of the Town to adopt said Local Law; and
WHEREAS, said Local Law has been on the desks of the members of the Town Board
of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption
of this Resolution.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set
forth and adopted herein.
2. The Town Board of the Town of Wappinger hereby adopts Local Law No. 10 of
the Year 2013, Noise Control Law of the Town of Wappinger, a copy of which is
attached hereto and made part of this Resolution.
3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting
into the Local Law book for the Town of Wappinger and shall file the Local Law
with the Secretary of State of New York as provided by law.
4. This Local Law shall become effective immediately upon filing with the
Secretary of State as provided by law.
The foregoing was put to a vote which resulted as follows:
BARBARA GUTZLER, SUPERVISOR Voting: AYE
WILLIAM H. BEALE, COUNCILMAN Voting: AYE
VINCENT F. BETTINA, COUNCILMAN Voting: AYE
ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE
MICHAEL KUZMICZ, COUNCILMAN Voting: AYE
Dated: Wappingers Falls, New York
6/24/2013
The Resolution is hereby duly declared adopted.
HRISTINE FULTON, TOWN CLERK
LOCAL LAW NO. _ OF THE YEAR 2013
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title
This Local Law shall be known and cited as "Local Law #_ of 2013, Noise Control Law
of the Town of Wappinger."
Section II: Adoption of New Chapter 166 of the Town of Wappinger Code
Chapter 166 "Noise", of the Town of Wappinger Code is hereby repealed and a new
Chapter 166 "Noise" is hereby enacted in its place:
"CHAPTER 166
NOISE
§ 166-1 Title.
This chapter shall be known as the "Noise Control Law of the Town of Wappinger."
§ 166-2 Legislative Intent and Purpose
Excessive sound is hereby determined to be a public nuisance which is disruptive of the peace and
quiet, and which impairs the health, safety, welfare and quality of life of the residents of the Town
of Wappinger. A substantial body of science and technology exists by which excessive sound may
be monitored and substantially abated. It is further determined that residents of the Town have a
right to, and should be ensured of, an environment free from sound pollution. The Town Board
hereby establishes that it is the policy of the Town to prevent excessive sound that may disrupt and
degrade the quality of life and that may jeopardize the health, safety and welfare, and the peace and
quiet of the citizens. This chapter shall apply to the control of excessive sound within the Town of
Wappinger.
It is hereby declared that the making, creation or maintenance of excessive and unreasonable sounds
within the Town affects and is a menace to public health, comfort, convenience, safety, welfare and
the prosperity of the people of the Town. For the purpose of controlling and reducing such
excessive sounds, it is hereby declared to be the policy of the Town to set the unreasonable and
prohibited noise standards and decibel levels contained herein and to consolidate certain of its noise
control legislation into this code. The necessity for legislation by enactment of the provisions of this
chapter is hereby declared as matter of legislative determination.
The Town Board of the Town of Wappinger determines that regulation of all-terrain vehicles is
necessary to insure that the order, health, safety and general welfare of persons or property within
the Town is protected. These regulations are adopted pursuant to the authority of Municipal Home
Rule Law § 10 and Vehicle and Traffic Law § 2404(6).
This code shall be liberally construed so as to effectuate the purposes described in this section. It is
the intent of the Town Board that police departments having jurisdiction in the Town of Wappinger
as well as other agencies of the Town set forth in this chapter shall have the authority to enforce the
provisions of this code and police officers and designated employees of the Town shall have the
power to issue summonses, appearance tickets and notices of violation for violations of this code.
§ 166-3 Definitions.
All tern~inology used in this chapter, not defined below, shall be in conformance with applicable
publications of the American National Standards Institute (ANSI) or its successor body. The
following words and terms, when used in this chapter shall have the following meanings, unless the
context clearly indicates otherwise:
(A) "A-WEIGHTED SOUND LEVEL" -The sound pressure level in decibels as
measured on a sound level meter using the A-weighted network. The unit of
measurement is the dB(A). This frequency weighting network for the measurement of
sound levels shall comply with standards established by the American National
Standards Institute specifications for sound level meters 51.4-1983, as amended.
(B) ALL-TERRAIN VEHICLE -Any self-propelled vehicle which is manufactured for
sale for operation primarily on off-highway trails or off-highway competitions and
only incidentally operated on public highways and as further defined by §2281 of the
New York State Vehicle and Traffic Law, or any successor statute. All-terrain
vehicles shall include, but not be limited to, off-road motorcycles and minibikes.
(C) CONSTRUCTION -Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public or private highways,
roads, premises, parks, utilities or other property, including but not limited to related
activities such as land clearing, grading, earthmoving, excavating, blasting, filling and
landscaping.
(D) CONTINUOUS SOUND -Sound which lasts one second or longer. Impulsive
sounds that are rapidly repetitive and have a duration of one second or longer shall be
measured as continuous airborne sound. Continuous sound shall be measured by the
slow response setting of a sound level meter.
(E) dBA -The abbreviation designating the unit of sound level as measured by a sound
level meter using the A-weighting, also known as "dBA." All references to "decibel"
or "db" shall be presumed to mean "dBA" unless otherwise specified.
(F) DECIBEL -The practical unit of measurement for a sound pressure level. The
number of decibels of a measured sound is equal to 20 times the logarithm to the base
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10 of the ratio of the sound pressure of the measured sound to the sound pressure of a
standard sound (20 micropascals), abbreviated "dB."
(G) DEMOLITION -The dismantling, destruction or removal of buildings, structures,
utilities or roadways.
(H) EMERGENCY WORK -Any work or action necessary to deliver essential public
services including for example, but not limited to, repairing water, gas, electricity,
telephone, sewer, or public transportation facilities, removing fallen trees on roads or
highways, dredging navigational waterways, or abating property- or life-threatening
conditions.
(I) EXTRANEOUS SOUND - An intermittent sound which is neither neighborhood
residual sound nor sound from the source under investigation.
(J) FREQUENCY -The number of sound pressure oscillations per second, expressed in
Hertz, abbreviated "Hz."
(K) IMPULSIVE SOUND - A single pressure peak or a single burst (multiple pressure
peaks) that has a duration of less than one second, with an abrupt onset and rapid
decay. Examples of sources of impulsive sound include explosions, drop forge
impacts, and the discharge of firearms. Impulsive sound that repeats four or more
times in any hour is deemed to be continuous sound.
(L) MOTOR VEHICLE -Any motor vehicle as defined by § 125 of the New York State
Vehicle and Traffic Law, or any successor statute.
(M) MUFFLER -An apparatus generally consisting of but not limited to a series of
chambers or baffles for the purpose of transmitting gases while reducing sound levels.
(N) NEIGHBORHOOD RESIDUAL SOUND LEVEL -That measured value which
represents the summation of the sound from all of the discrete sources affecting a
given site at a given time, exclusive of extraneous sound and the sound from the
source of interest. NEIGHBORHOOD RESIDUAL SOUND LEVEL shall be
measured in accordance with § 166-6(K).
(O) NOISE -Any sound of such level and duration as to be or tend to be a public
nuisance, or which is disruptive to the peace and quiet, or which impairs the health,
safety, welfare or quality of life of individuals or the public.
(P) PLAINLY AUDIBLE -Any sound for which any of the content of that sound, such
as, but not limited to comprehensible musical rhythms, is communicated to a person
using his or her unaided hearing faculties. For the purposes of the enforcement of this
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Chapter, the detection of any component of music, including but not limited to the
rhythmic bass by a person using his or her unaided hearing faculties is sufficient to
verify plainly audible sound. It is not necessary for such person to determine the title,
specific words or artist of such music. In the case of motor vehicles the detection of
the sound of a muffler or of an exhaust by a person using his or her unaided hearing
faculties is sufficient to verify plainly audible sound. Plainly audible sound does not
require measurement with a sound level meter.
(Q) REAL PROPERTY LINE -Either:
(1) The imaginary line, including its vertical extension, that separates one parcel
of real property from another;
(2) The vertical and horizontal boundaries of a dwelling unit that is part of a
multi-dwelling unit building; or
(3) On a multi-use property, the interface between the two portions of the
property on which different categories of activity are being performed (e.g., if
the multi-use property is a building which is residential upstairs and
commercial downstairs, then the real property line would be the interface
between the residential area and the commercial area).
(R) 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.
(S) SOUND LEVEL -The weighted sound pressure level obtained by the use of a sound
level meter and frequency weighting network, such as A, B or C as specified in the
American National Standards Institute (ANSI) specifications for sound level meters.
If the frequency weighting employed is not indicated, the A-weighting shall apply.
(T) SOUND LEVEL METER -Any instrument including a microphone, an amplifier, an
output meter, and frequency weighting networks for the measurement of sound levels
in a specified manner and which complies with standards established by the American
National Standards Institute specifications for sound level meters 51.4-1983, as
amended.
(U) SOUND PRODUCTION DEVICE -Any device whose primary function is the
production of sound, including, but not limited to any, musical instrument,
loudspeaker, radio, television, digital or analog music player, public address system
or sound-amplifying equipment.
(V) SOUND SOURCE -Any person, animal, device, operation, process, activity, or
phenomenon that emits or causes sound.
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(W) TOTAL SOUND LEVEL -That measured level which represents the summation of
the sounds from the source under investigation and the neighborhood residual sound
level, excluding any extraneous sound, when measured on the property of an affected
person.
(X) UTILITIES -Entities which provide essential and other services such as and similar
to gas and electric, water supply, sewage disposal, telephone and cable TV services.
(Y) VIBRATION - An oscillatory motion of solid bodies of deterministic or random
natures described by displacement, velocity or acceleration with respect to a given
reference point.
(Z) WEEKDAY -Any day that is not a Federal or State holiday, and beginning on
Monday at 7:00 a.m. and ending on the following Friday at 7:00 p.m.
(AA) WEEKEND -The portion of the week that begins on Friday at 7:00 p.m. and
ends on the following Monday at 7:00 a.m., and for the purposes of this definition
includes Federal and State holidays.
§ 166-4 Applicability.
This chapter shall apply to all sound created in the Town of Wappinger, except as provided in
§ 166-5 below.
§ 166-5 Exemptions.
Regardless of the decibel limits or any plainly audible standards, the provisions of this chapter shall
not apply to:
(A) Sound emitted for the purpose of alerting people to an emergency, performing
emergency work, or correcting an emergency situation.
(B) Sound from a church, synagogue, mosque, or other house of worship, when part of
religious activities.
(C) Sound from educational or extracurricular activities of a public or private school.
(D) Sound from snow blowers, chain saws and other tools and equipment are exempted
from these limits when they are being used to clear driveways, streets or walkways
during and within 48 hours after snowfalls, rainstorms, ice storms, windstorms or
similar emergencies, so long as all internal combustion engines are equipped with a
properly functioning muffler.
(E) Sound from a burglar alarm of any building or vehicle provided such burglar alarm
terminates its operation within five (5) minutes of activation.
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(F) Sound generated by concerts and events authorized or sponsored by a governmental
entity having jurisdiction within the Town of Wappinger.
(G) Sound from farm operations as defined by the New York State Agriculture and
Markets Law.
(H) The engine or exhaust sound of motor vehicles when on public roadways. However,
no internal combustion engine shall be operated at any time or place in the Town of
Wappinger without a properly functioning muffler.
(I) Sound generated by garbage trucks between 6:00 A.M. and 10:00 P.M. on weekdays
and weekends. Loaded garbage trucks should perform compacting operations in areas
without residences when practicable.
(J) Sound generated by the normal operation of utilities as defined in this chapter.
(K) The sound generated by quieter backup alarms that are either self-adjusting or
manually adjusting and approved in accordance with OSHA Regulations, 29 CFR
1926.601(b)(4) and 1926.602(a)(9) are exempt at all times.
(L) The sound generated by backup alarms and other safety alarms approved in
accordance with OSHA Regulations are exempt from 7:00 a.m. to 10:00 pm.
(M) Emergency energy release devices.
(N) Sound to relocate wildlife authorized by a governmental agency.
(O) Sound produced by aircraft flight operations.
(P) Sounds produced by railroads.
(Q) Sounds produced by the authorized use of explosive devices.
(R) Sounds produced by fireworks displays authorized pursuant to Article 405 of the
Penal Law.
(S) Normal operation of a handgun, rifle, shotgun, skeet shooting or trapshooting range
that is permitted under the Code of the Town of Wappinger or the laws of the State of
New York.
(T) Emergency electricity generators in use during an electrical outage.
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§ 166-6 Sound Measurement Procedures
(A) Insofar as practicable, sound will be measured while the source under investigation is
operating at normal, routine conditions and, as necessary, at other conditions,
including but not limited to, design, maximum, and fluctuating rates.
(B) All tests shall be conducted in accordance with the following procedures:
(1) All sources contributing sound to the point of measurement shall be identified
to the extent practicable.
(2) Measurements shall be taken at or within the real property line of the affected
person.
(3) The measuring instrument must be calibrated using a calibrator recommended
by the measuring instrument manufacturer before and after each series of
readings.
(4) The measuring instrument must be recertified and the calibrator must be
recalibrated at least once each year by the manufacturer or by a person that
has been approved by the manufacturer. A copy of written documentation of
such recertification and recalibration shall be kept with the equipment to
which it refers.
(5) ~ No outdoor measurements shall be taken:
(a) During periods when wind speeds (including gusts) exceed 15 mph;
(b) Without a windscreen, recommended by the measuring instrument
manufacturer, properly attached to the measuring instrument;
(c) Under any condition that allows the measuring instrument to become wet
(e. g., rain, snow or condensation); or
(d) When the ambient temperature is out of the range of the tolerance of the
measuring instrument.
(C) The report for each measurement session shall include:
(1) The date, day of the week, and times at which measurements are taken;
(2) The times of calibration;
(3) The weather conditions;
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(4) The identification of all monitoring equipment by manufacturer, model
number, and serial number;
(5) The normal operating cycle of the sources in question with a description of the
sources;
(6) The total sound level, in dBA, with the sources in question operating;
(7) The neighborhood residual sound level, in dBA, without the sources in
question operating; and
(8) A sketch of the measurement site, including measurement locations and
relevant distances, containing sufficient information for another investigator
to repeat the measurements under similar conditions.
(D) Prior to taking noise measurements the investigator shall explore the vicinity of the
source in question to identify any other sound sources that could affect
measurements, to establish the approximate location and character of the principal
sound source, and to select suitable locations from which to measure the sound from
the source in question.
(E) When measuring continuous sound, or sound that is sustained for more than 1 second
at a time, the measuring instrument shall be set for A-weighting, Lmax, slow
response, and the range (if the measuring instrument is designed to read levels over
different ranges) shall be set to that range in which the meter reads closest to the
middle of the scale. The minimum and maximum readings shall be recorded to
indicate the range of monitored values along with the central tendency average most
often displayed.
(F) When measuring impulsive sound, or sound that is sustained for less than 1 second at
a time, the measuring instrument shall be set for A-weighting, Lmax, fast response,
and the range (if the measuring instrument is designed to read levels over different
ranges) shall be set to that range in which the meter reads closest to the middle of the
scale.
(G) The measuring instrument shall be placed at a minimum height of 3 feet above the
ground or from any reflective surface. When handheld, the microphone shall be held
at arm's length and pointed at the source at the angle recommended by the measuring
instruments manufacturer.
(H) When conducting indoor sound level measurements across a real property line the
measurements shall be taken at least three feet from any wall, floor or ceiling and all
exterior doors and windows shall be closed. When measuring total sound level all
sound sources within the room must be shut off (e.g., television, stereo).
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Measurements shall not be taken in areas which receive only casual use such as
hallways, closets and bathrooms.
(I) If extraneous sound sources, such as aircraft flyovers, passing trains or barking dogs,
which are unrelated to the measurements, increase the monitored sound levels, the
measurements should be postponed until these extraneous sounds have become of
such a level as not to increase the monitored sound levels of interest.
(J) The monitoring session should last for a period of time sufficient to ensure that the
sound levels measured are typical of the source in question.
(K) Neighborhood residual sound is measured as follows:
(1) As continuous sound in accordance with paragraph (E) above.
(2) At the same time of day that the source under investigation is in operation.
(3) When the sound from the source under investigation can be discontinued, the
neighborhood residual sound shall be measured at the same location at which
the total sound was measured.
(4) When the sound under investigation cannot be reasonably discontinued, the
neighborhood residual sound may be measured at an alternative location, in
accordance with the following procedure:
(a) The alternative location should be as close as feasible to the original sound
measurement location, but so located that the sound from the source has as
little effect as possible on the neighborhood residual sound measurement.
Even if the source sound is audible, or is sufficient to raise the sound level
above that which would be measured were it inaudible at the alternative
location, the reading is sufficient for the purpose of this procedure.
(b) The alternative location chosen must be such that buildings in the vicinity are
similar in size and distribution; the local topography is similar in character to
the location of the affected property, where the total sound was measured.
(c) Traffic conditions at the time of neighborhood residual sound measurement
must be similar to those at the location of the affected property where the total
sound was measured.
(L) The neighborhood residual sound levels shall be subtracted from the measured sound
levels of the source of interest by using Table 1 to determine the sound levels from
the source of interest alone. If the total sound level is less than 3 dBA higher than the
neighborhood residual sound level, a violation of the ordinance cannot be
9
substantiated. If the difference between the total sound level and the neighborhood
residual sound level is greater than 10 dBA no correction to the sound level of the
source of interest is necessary.
e~___t o.. ...7 7 0l0 !:r .iRAI
Table 1 ~,orrecuvu ~~r i. c, ,-.,.,....,~..
Difference Between Total Sound Level and ~.~~...~». -------- -- --- --
Correction Factor to Be Subtracted from Total Sound
Nei hborhood Residual Sound Level Level for Source Sound Level
3 3
4,5 2
6-9 1
10 or more 0
§ 166-7 Continuous Sound -Maximum Permissible Sound Level
(A) Outdoor Sound Level
(1) Except as otherwise provided for in this chapter, no person shall cause, suffer,
allow or permit the operation of any source of sound in such a manner so as to
create a continuous sound level from such sound source at an outdoor location
within the real property line of a receiving property that exceeds the following
limits:
(a) Receiving Property in Residential Zoning Districts:
(i) During the hours of 7:00 a.m. to 10:00 p.m. - 65 dB(A) maximum sound
level (Lmax) or
(ii) During the hours of 10:00 p.m. to 7:00 a.m. - 50 dB(A) maximum sound
level (Lmax).
(b) Receiving Property in All Other Zoning Districts:
(i) At any time - 65 dB(A) maximum sound level (Lmax).
(B) Indoor Sound Levels
(1) Except as otherwise provided for in this chapter, no person shall cause, suffer,
allow or permit the operation of any source of sound in such a manner so as to
create a continuous sound level from such sound source at an indoor location
within the real property line of a receiving property that exceeds the following
limits:
(a) Receiving Property in Residential Zoning Districts:
(i) During the hours of 7:00 a.m. to 10:00 p.m. - 55 dB(A) maximum sound
level (Lmax) or
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(ii) During the hours of 10:00 p.m. to 7:00 a.m. - 40 dB(A) maximum sound
level (Lmax).
(b) Receiving Property in All Other Zoning Districts:
(i) At any time - 55 dB(A) maximum sound level (Lmax).
(2) Indoor sound levels shall only apply if:
(a) The sound source is on or within the same property as the receiving property,
as in the case of amulti-dwelling-unit building or a multi-use property (e.g.,
sound generated within a commercial unit of a multi-use property building
and received within a residential unit of the same building);
(b) The real property line between the receiving property and the source property
is a common wall, floor or ceiling; or
(c) It is not practicable to obtain an outdoor sound measurement at the receiving
property.
(C) Sound from construction or demolition activity between 7:00 a.m. and 7:00 p.m. on
weekdays and between 9:00 a.m. and 6:00 p.m. on weekends is exempt from the
provisions of this section provided all motorized equipment used in such activity is
equipped with functioning mufflers.
(D) Sound from landscaping and yard maintenance activity between 7:00 a.m. and 7:00
p.m. on weekdays and between 9:00 a.m. and 6:00 p.m. on weekends is exempt from
the provisions of this section provided all motorized equipment used in such activity
is equipped with functioning mufflers.
§ 166-8 Impulsive Sound -Maximum Permissible Sound Levels.
(A) Except as otherwise provided for in this chapter, no person shall cause, suffer, allow
or permit the operation of any source of sound in such a manner so as to create an
impulsive sound that exceeds 80 dB(A) as measured at a distance of 15 feet or more
from the source.
(B) Impulsive sound that repeats four or more times in any hour shall be considered to be
continuous sound and shall be regulated in accordance with § 166-7.
(C) Sound from construction or demolition activity between 7:00 a.m. and 7:00 p.m. on
weekdays and between 9:00 a.m. and 6:00 p.m. on weekends is exempt from the
provisions of this section provided all motorized equipment used in such activity is
equipped with functioning mufflers.
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(D) Sound from landscaping and yard maintenance activity between 7:00 a.m. and 7:00
p.m. on weekdays and between 9:00 a.m. and 6:00 p.m. on weekends is exempt from
the provisions of this section provided all motorized equipment used in such activity
is equipped with functioning mufflers.
§ 166-9 Specific noise sources.
(A) Notwithstanding the exemption provisions of § 166-7(C) and § 166-8(C),
construction and demolition activity shall not be performed between 7:00 p.m. and
7:00 a.m. on weekdays and between 6:00 p.m. and 9:00 a.m. on weekends, except as
permitted in accordance with § 166-12. At all times, all motorized equipment used in
construction and demolition activities shall be operated with a properly functioning
muffler.
(B) Notwithstanding the exemption provisions of § 166-7(D) and § 166-8(D), power tools
used for landscaping and yard maintenance shall not be operated between the hours of
7:00 p.m. and 7:00 a.m. on weekdays or between the hours of 6:00 p.m. and 9:00 a.m.
on weekends in such a manner that they are plainly audible within the residence of an
affected person. All motorized equipment used in these activities shall be operated
with a properly functioning muffler. Power tools used for landscaping and yard
maintenance may be operated consistent with the maximum permissible sound limits
set forth in § 166-7 and § 166-8 between the hours of 7:00 p.m. and 7:00 a.m. on
weekdays or between the hours of 6:00 p.m. and 9:00 a.m. on weekends.
(C) Between the hours of 10:00 p.m. and 7:00 a.m., no person shall operate or use or
cause to be operated loudspeakers, musical instruments, machinery, domestic
equipment, heavy equipment or engines or other sound production devices in such a
manner so as to be plainly audible in any public place at a distance of 50 feet or more
from the source; or so as to annoy or disturb the reasonable quiet, comfort or repose
of persons in any dwelling, hotel, hospital, or other type of residence, except as
permitted in accordance with § 166-12 or § 166-13 .
(D) Between the hours of 10:00 p.m. and 7:00 a.m., no person shall operate or use or
cause to be operated a premises in such a manner so as to be plainly audible in any
public place at a distance of 50 feet or more from the source; or so as to annoy or
disturb the reasonable quiet, comfort or repose of persons in any dwelling, hotel,
hospital, or other type of residence, except as permitted in accordance with § 166-12
or § 166-13.
(E) Self-contained, portable, hand-held music or sound amplification or reproduction
equipment shall not be operated in a public space or public right-of--way in such a
manner as to be plainly audible at a distance of 50 feet or more in any direction from
the operator.
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(F) No person shall engage in persistent or repeated yelling, shouting, hooting, whistling,
singing, or the making of other loud noises between the hours of 10:00 p.m. and 7:00
a.m. in such a manner as to be plainly audible in any public place at a distance of 50
feet or more in any direction or so as to annoy or disturb the reasonable quiet, comfort
or repose of persons in any dwelling, hotel, hospital, or other type of residence, or in
any office, or of any persons in the vicinity of any such person in or on the public
sidewalks, ways or other public places.
(G) No person having charge, care, custody, or control of any animal shall cause or
permit such animal to cause unreasonable noise including, but not limited to, any
sound that is plainly audible at any location within any residential receiving property
as set forth below:
(1) At or after 7:00 a.m. and before 10:00 p.m., continuously for a period of 10
minutes or more.
(2) At or after 10:00 p.m. and before 7:00 a.m., continuously for a period of 5
minutes or more.
§ 166-10 Motor vehicles.
(A) Noise emanating from the operation of a motor vehicle on public highways is
regulated by § 386 of the New York State Vehicle and Traffic Law and the
regulations adopted pursuant to that statute. The maximum noise levels set forth in
the Vehicle and Traffic Law for the operation of a motor vehicle on public highways,
as they may be amended from time to time, are hereby designated to be the maximum
permissible noise levels for the operation of a motor vehicle on all other property in
the Town of Wappinger.
(B) Noise emanating from a motor vehicle other than from their operation, including, but
not limited to, the noise of radios, is regulated by this chapter and must not be plainly
audible more than 50 feet from the vehicle from which the noise emanates.
§ 166-11 All-Terrain Vehicles
(A) No person shall operate or cause to be operated any all-terrain vehicle that is not
equipped with a properly functioning muffler system required by § 2406(1)(b) of the
New York State Vehicle and Traffic Law.
(B) No all-terrain vehicle shall be operated within 400 feet of any residence, except the
residence of the owner or operator thereof, between the hours of 7:00 a.m. to 10:00
p.m.
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(C) No all-terrain vehicle shall be operated within 800 feet of any residence, except the
residence of the owner or operator thereof, between the hours of 10:00 p.m. and
7:00 a.m.
§ 166-12 After-hours construction work.
(A) Authorization for after-hours construction work may only be issued in the case of
work by or on behalf of a governmental entity or public utility, which is in the public
interest or is intended to enhance public safety, and where the applicant has
substantiated a claim that working during normal construction hours constitutes
undue hardship resulting from unique site characteristics, unforeseen conditions,
safety concerns, public necessity, traffic control, scheduling commitments and/or
financial considerations. Construction work in public rights of way required by Town,
County, State or Federal permits to take place during after-hours periods may also be
issued authorizations pursuant to this section.
(B) The Planning Board may, along with site development plan and/or special permit
approvals, issue anafter-hours work authorization for the work site. Such after-hours
authorization may permit construction work to be performed at the site after 7:00 p.m.
and before 7:00 a.m. the following morning on weekdays and after 6:00 p.m. and
before 9:00 a.m. the following morning on weekends subject to the conditions and
restrictions set forth in the after-hours authorization and this section.
(C) The after-hours authorization must include a noise mitigation plan for the site in
accordance with this Chapter. The after-hours authorization may be granted upon a
detailed conceptual noise mitigation plan but any final noise mitigation plan must be
supplied and approved prior to the issuance of any building permits. In the case of
emergency work such certification shall be submitted within 3 days after the
commencement of the work.
(D) For good cause shown, the after-hours authorization issued by the Planning Board
may authorize construction noise levels from the site to exceed the maximum
permissible sound levels set forth in § 166-7 and § 166-8 provided that sufficient
mitigation is provided in the noise mitigation plan as determined by the sole
discretion of the Planning Board. Construction noise levels from the site may exceed
the maximum permissible sound levels set forth in § 166-7 and § 166-8 only when
work at the construction site is in compliance with the noise mitigation plan.
(E) After-hours work at the site not being performed in compliance with an approved
noise mitigation plan is a violation of this Chapter and also constitutes a violation of
the underlying site development plan and/or special permit which can occasion the
issuance of an Order to Remedy and/or a Stop Work Order.
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(F) Where there is full compliance with the noise mitigation plan yet nevertheless
aggregate sound levels from the site where anafter-hours authorization is in effect
exceed 8dBA above the neighborhood residual sound level, as measured in any
residential receiving property dwelling unit (with windows and doors that may affect
the measurement closed), the Town may require that the noise mitigation plan be
amended to provide additional noise mitigation measures at the site to reduce
aggregate sound levels so that sound levels shall not exceed SdBA above the
neighborhood residual sound level. Failure to employ the amended noise mitigation
plan within the time prescribed by the Town shall be a violation of this Chapter and
also constitutes a violation of the underlying site development plan and/or special
permit which can occasion the issuance of an Order to Remedy and/or a Stop Work
Order.
§ 166-13 Application for special waiver.
(A) The Town Board shall have the authority to grant special waivers from the provisions
of this chapter for up to two years for good cause shown.
(B) Any person who owns or operates any sound source may file an application with the
Town Zoning Administrator for a special waiver from any of the provisions of this
chapter. The Zoning Administrator shall review the application to ensure that it is
complete before forwarding it to the Town Board. The application shall consist of a
letter signed by the applicant and shall contain information, including but not limited
to:
(1) The name and address of the applicant.
(2) The nature and location of the sound source for which such application is
made.
(3) The nature and intensity of sound that will occur during the period of the
waiver and the length of time for which the waiver is sought.
(4) The reason for the requested waiver and a presentation of adequate proof that
sound levels occurring during the period of the waiver will not constitute a
danger to public health, safety or welfare.
(5) A presentation of adequate proof that compliance with this chapter would
impose an unreasonable hardship upon the applicant or the public.
(6) An application fee in accordance with Chapter 122, Article IV,
§ 122-16H.1(1) of the Town Code and an escrow for review pursuant to
& 122-2 of the Town Code.
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(C) The Town Board may hold a public hearing on the waiver. If the Town Board holds a
hearing, it shall publish a notice of the hearing, including the time and place of the
hearing, in the official paper of the Town not less than 10 days prior to the date of the
public hearing. If the sound source for which a waiver is requested is located on a
particular premises, that all property owners within 1,000 feet of the premises shall
receive notice of the public hearing by mail.
(D) The Town Board may impose conditions on the special waiver intended to protect the
health, safety, welfare and quality of life of the residents of the Town of Wappinger.
§ 166-14 Penalties for offenses.
(A) Criminal. Any person, firm or corporation who or which shall violate any of the
provisions of this chapter or any rule or regulation made pursuant thereto shall be
guilty of a violation and shall be punished by a fine in the amount set forth in Chapter
122, Article V, § 122-20T of the Town Code or imprisonment for not more than 15
days, or both. Each day's violation shall constitute a separate offense.
(B) Civil. Any person, firm or corporation who or which shall violate any of the
provisions of this chapter or any rule or regulation made pursuant thereto shall be
liable for a civil penalty in the amount set forth in Chapter 122, Article V, § 122-20T
of the Town Code. Each day's violation shall constitute a separate offense.
§ 166-15 Enforcement.
(A) This chapter will be enforced by the Zoning Administrator, the Building Inspector,
and the Fire Inspector, their duly authorized representatives, and any police agency
having jurisdiction within the Town of Wappinger or any official designated by the
Town Board.
(B) The persons designated in subdivision A of this section are authorized to issue notices
of violation, orders to remedy and appearance tickets to enforce the provisions of this
chapter.
Section III: Amending Chanter 240 "Zonins"
Section 240-103A of Chapter 240, Zoning, of the Town Code shall be deleted and replaced with
the following:
(A) Sound. Sound shall be regulated by Chapter 166, Noise, of this Code.
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Section IV: Amending "Chapter 122, FEES AND FINES.
1. New Sections 122-16H.1 and 122-16H.1(1) of Chapter 122, Fees and Fines, of the Town
Code shall be added and shall read as follows:
H.1 Chapter 166, Noise Control.
(1) § 166-13(B)(6) special waiver application fee: $500.00.
2. Section 122-20T(1) shall be revised to read as follows:
(1) § 166-14(A), fine:
(a) Minimum: $100.
(b) Maximum: $1,000.
(2) § 166-14 (B), Civil Penalty
(a) Minimum: $100.
(b) Maximum: $3,000.
Section V: Codification in Town Code
It is the intention of the Wappinger Town Board and it is hereby enacted that the provisions of
this local law shall be included in the Code of the Town of Wappinger; that the sections and
subsections of this local law may be renumbered or re-lettered to accomplish such intention; and
that the word "local law" shall be changed to "chapter," "section" or other appropriate word, as
required for codification.
Section VI: Codifier's Changes
The codifier shall make no substantive changes to this local law, but may renumber, rearrange
and edit it without first submitting it to the Wappinger Town Board. Any such rearranging,
renumbering and editing shall not affect the validity of this local law or the provisions of the
Code affected thereby.
Section VII: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this Local Law or their application to other persons or circumstances. It is hereby
declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local
Law would have been adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
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circumstance to which the Local Law or part thereof is held inapplicable had been specifically
exempt therefrom.
Section VIII: Effective Date.
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
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