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Chapter 3-4 - NOISE POLLUTION
ARTICLE I. General Provisions
Sec. 3-4-1. Title.
This chapter shall be known and may be cited as "The White Plains Noise Pollution Control Ordinance."
Sec. 3-4-2. Purpose.
It is the purpose of this chapter to prevent noise disturbances within the limits of the city, which may jeopardize the well-being, health or welfare of its citizens or degrade the quality of life and to regulate noise-producing activities. The provisions and prohibitions hereinafter contained and enacted are for the above-mentioned purpose. Factors to be considered in determining whether a noise disturbance exists include, but are not limited to, the following:
(1) The volume of the noise
(2) The intensity of the noise
(3) Whether the nature of the noise is unusual or usual
(4) Whether the origin of the noise is natural or unnatural
(5) The volume and intensity of the background noise, if any
(6) The proximity of the noise to residential sleeping facilities or private residences
(7) The nature and the zoning district of the area within which the noise emanates
(8) The time of day or night the noise occurs
(9) The time duration of the noise
(10) Whether the sound source is temporary
(11) Whether the noise is continuous or impulsive
(12) The presence of discrete tones
(13) The number of complaints received
Sec. 3-4-3. Definitions.
As used in this chapter the following terms shall have the meanings indicated:
Sec. 3-4-4. Prohibitions.
The following acts and the causing thereof are declared to be in violation of this chapter. Said enumeration shall not be deemed to be exclusive.
Sec. 3-4-5. Noise Generating Activities.
Such operation does not constitute a violation if used in an emergency, or under special circumstances in which permission has been given by the Commissioner of Building or the Commissioner of Public Works.
When construction, repair or demolition work is planned adjacent to a noise sensitive facility, the person responsible for the activity shall provide no less than two weeks’ notice to the affected facility(ies) as defined in section 3-4-3 of this chapter.
Noise from fixed emergency generators installed to operate the life safety systems (e.g. smoke/fire alarms, elevators, smoke purge systems, emergency lighting, etc.) associated with a building shall not exceed a sound level of sixty-five (65) decibels as measured on the “A” weighted scale of the sound level meter (SLM) at a distance of fifteen (15) feet or the nearest property line, whichever is closer to the equipment. If, as a result of testing, the equipment noise exceeds the prescribed levels, sound attenuation may be required. Fixed equipment shall only operate as needed to support the intended function and shall otherwise be powered off.
Emergency generator equipment shall only be permitted to be exercised between the hours of 11:00 a.m. and 5:00 p.m. on any day of the week, except with the permission of the Commissioner of Building.
Sec. 3-4-6. Exemptions.
The chapter shall not be construed to prohibit:
Sec. 3-4-7. Persons Responsible for Noise Violations.
Any or all of the following persons may be held responsible for noise violations:
Sec. 3-4-8. Enforcement.
The provisions of this chapter may be enforced by a City of White Plains Building Code Enforcement Officer, Police Officer, Parking Enforcement Officer, or Public Works Code Enforcement Officer.
Sec. 3-4-9. Penalty.
Any person who violates any provision of this section shall be deemed guilty of an offense, and upon conviction thereof shall be fined not exceeding two hundred fifty dollars ($250.00) for a first offense; not exceeding five hundred dollars ($500.00) for a second offense within one year of the first offense; and not exceeding one thousand dollars ($1,000.00) for a third and each successive offense thereafter within one year of the first offense, or may be imprisoned for not more than fifteen (15) days, or both.
(Secs. 3-4-10 – 30 Reserved)
ARTICLE II. Permits for Sound Devices
Sec. 3-4-31. Permits Required.
It shall be unlawful for any person to use or operate any sound device or apparatus in, on, near or adjacent to any public street, park or place without a permit issued by the commissioner of public safety.
Sec. 3-4-32. Application.
Each applicant for a permit to use or operate a sound device or apparatus in, near or adjacent to any public street, public park or place shall file a written application with the commissioner of public safety at least two (2) days prior to the date upon which such sound device or apparatus is to be used or operated. Such application shall describe the specific location or route in which such sound device or apparatus is proposed to be used or operated, the day and hour or hours during which it is proposed to be used or operated and such other pertinent information as said commissioner may deem necessary to enable him to carry out the provisions of this division.
Sec. 3-4-33. Issuance.
The commissioner of public safety shall not deny a permit required herein for any specific time, location or use to any applicant who complies with the provisions of this section except for one or more of the reasons specified in section 3-4-34 of this Code or for nonpayment of the fee prescribed in section 3-4-35 of this Code. Each permit issued pursuant to this division shall describe the specific location or route in which such sound device or apparatus may be used or operated thereunder and the exact period of time for which such apparatus or device may be operated at such location.
Sec. 3-4-34. Denial.
The commissioner of public safety shall not issue any permit for the use of a sound device or apparatus:
Sec. 3-4-35. Fee.
Each application for a permit issued under the provisions of this division shall pay a fee of fifty dollars ($50.00) for use of each sound device or apparatus for each day, provided, however, that permits for the use of such sound device or apparatus shall be issued to any bureau, commission, board or department of the United States government, the state, the county, the city, the city school district, the White Plains Housing Authority, the White Plains Park Authority and the White Plains Urban Renewal Agency, without fee.
Sec. 3-4-36. Compliance with permit.
A person holding a permit issued pursuant to this article shall comply with the location and route restrictions set forth in the permit.
Sec. 3-4-37. Possession and display.
A permit issued pursuant to this division shall be in the possession of any person operating the sound amplifying equipment and/or sound truck at all times while the amplifying equipment is in operation and said permit shall be promptly displayed and shown to any police officer of the city upon request.
Sec. 3-4-38. Effective date.
This act shall take effect immediately.