§ 55-4. Maximum permitted sound-pressure levels.  


Latest version.
  • A. 
    Sound measuring equipment. Enforcement of the provisions of this section shall be effected and any other provision of this chapter may be effected using a sound-level meter or its equivalent which meets or exceeds the requirements of ANSI § 1.4-1983, Type 2, standards and specifications, and which has a dynamic range and A-weighted frequency response (fast and slow) consistent with ANSI requirements for the measurements being taken. All sound-level meters meeting the foregoing requirements shall be calibrated on a regular periodic basis using a calibrator properly fitted to the instrument being employed, which is traceable to National Bureau of Standards criteria, and which has an accuracy of plus or minus 0.5 dB or better.
    B. 
    Noise level standards. It shall be unlawful and a violation of this chapter for any person, including the owner or occupant of any generating land, to cause or allow or to permit, direct, employ or assist another to cause or allow any sound or sounds to be emitted which exceed the decibel levels for a designated land use category as set forth in the following tables, when measured at a point of complaint located either on or within the property lines of any particular receiving land of a type covered or described by that designated category:
    Table I: Continuous Sound
    (Maximum Sound Level in dBA/Slow Response)
    Receiving Land Use Category*
    Daytime
    (dB)
    Nighttime
    (dB)
    All residential districts
    50
    40
    All business and commercial districts
    65
    55
    All industrial districts
    70
    60
    Table II: Impulsive Sound
    (Maximum Sound Level in dBA/ Fast Response)**
    Receiving Land Use Category
    Daytime
    (dB)
    Nighttime
    (dB)
    All residential districts
    60
    50
    All business and commercial districts
    75
    60
    All industrial districts
    90
    70
    Notes:
    *Category designations refer to the zoning districts as shown on the official Village Zoning and Planning Map adopted pursuant to the provisions of Chapter 99 of the Code of the Village of Floral Park.
    **The following adjustments in the maximum sound level of impulsive sound shall be made for each category when and if the stated circumstances shall apply:
    Repetitions per Hour
    Deduct
    (dB)
    3 to 10
    2
    11 to 20
    4
    21 to 60
    6
    Over 60
    8
    C. 
    Adjustment of table sound levels for other conditions. In the event that the level of ambient sound detected and measured at a particular location shall exceed the applicable maximum sound level prescribed for that location under one of the tables in the preceding subsection, then the following maximum sound levels shall apply in lieu of the prescribed table level for and during the stated time of day:
    (1) 
    For Table I: continuous sound which exceeds the ambient sound level by (10) dB or more during the daytime or by five dB or more during the nighttime.
    (2) 
    For Table II: impulsive sound which exceeds the ambient sound level by 20 dB or more during the daytime or by 10 dB or more during the nighttime.
    D. 
    Exceptions. None of the preceding provisions of this section shall apply to or constitute any legal restraint against the officers, employees or other lawful agents of any federal, state or local government or any agency, bureau, department, board or commission thereof, when carrying on or performing any governmental operation, activity, function or duty of any nature or kind or while engaged in or assisting in any emergency work or operations; nor shall the same apply to nor be deemed to constrain any public utility when reasonably carrying out the operations of its franchise.
    Editor's Note: This local law also renumbered former § 55-4 as § 55-5.
Added 5-1-2001 by L.L. No. 4-2001