Town of Bedford, NY
Westchester County
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Table of Contents
Table of Contents
Chapter 83: Noise
[HISTORY: Adopted by the Town Board of the Town of Bedford: Art. I, 6-5-1990 as L.L. No. 1-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Additional noise regulations — See Ch. 125, Art. IV.
[Adopted 6-5-1990 as L.L. No. 1-1990]

§ 83-1 Short title.

This Article shall be known as the "Town of Bedford Noise Control Law."

§ 83-2 Statement of policy.

It is hereby declared to be the policy of the Town of Bedford to safeguard the right of its residents within the privacy of their homes to be free from intrusive unwanted sounds. Problems concerning disturbance of peace and quiet by noise from various activities are best solved by thoughtful discussions and cooperative agreements between affected parties. However, to resolve remaining problems of noise which is disturbing to others, it is the policy of the Town of Bedford to establish standards, enforcement procedures and penalties.

§ 83-3 Definitions.

As used in this Article, the following terms and phrases shall mean:
DECIBEL (dB)
A unit for measuring the volume of sound, equal to twenty (20) times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to a standard pressure of twenty (20) micronewtons per square meter.
HOLIDAYS
New Year's Day; Dr. Martin Luther King, Jr., Birthday; Lincoln's Birthday; Columbus Day; Election Day; Veterans' Day; Washington's Birthday; Memorial Day; Independence Day; Labor Day; Yom Kippur; Thanksgiving Day; and Christmas.
OFF-ROAD MOTOR VEHICLES
Motorized vehicles, whether licensed or unlicensed, including but not limited to snowmobiles, motorcycles, motorized bicycles, mopeds, minicycles, minibicycles or minibikes, trail bicycles or trail bikes, go Karts, all-terrain vehicles and all motor vehicles normally manufactured for use or operation off public highways.
SOUND LEVEL
The sound-pressure level measured in decibels with a sound-level meter set to a weighting expressed in dB(A).
SOUND-LEVEL METER
An instrument for the measurement of sound levels which conforms to Type 1 or Type 2 standards under ANSI Specification S1.4-1971 or the latest approved revision thereof.
SOUND-REPRODUCTION DEVICE
Any electronic or electrical device that is used for the production of sound, including but not limited to any loudspeaker, radio, television, tape recorder, phonograph or any other sound-amplifying equipment.
ZONING DISTRICT
Any zone as defined in the Zoning Ordinance of the Town of Bedford.[1]
[1]
Editor's Note: See Ch. 125, Zoning.

§ 83-4 Prohibited acts; measurement.

A. 
No person shall operate or permit to be operated in the Town of Bedford any sound source that produces a sound level exceeding the limitations in this Article.
B. 
The measurement of any sound or noise shall be made with a sound-level meter using the A-weighted scale and slow response, except for sounds or noises which occur in single or multiple bursts with a duration of less than one (1) second, for which fast response shall be used. The sound level determination or measurement shall be conducted not nearer to the sound source than the closest property line of the parcel on which such noise is generated. When the determination or measurement is made for a dwelling unit of a multi-dwelling-unit building as the receiving property, all exterior doors and windows of the dwelling unit shall be closed and the determination or measurement shall be taken in the center of a room.

§ 83-5 Specific limits; responsibility of owner or lessee.

A. 
Noise produced by any act or activities, including the use of off-road motor vehicles, on properties within any residential or nonresidential zoning district shall not exceed sixty-five (65) dB(A) during the hours of 8:00 a.m. to 6:00 p.m. or forty-five (45) dB(A) during the hours of 6:00 p.m. to 8:00 a.m. and all day Sunday on any such property within any zoning district.
B. 
It shall additionally be unlawful for the owner, lessee or person having possession and control of any property to permit such noise-producing activities thereon.

§ 83-6 Regulated activities; exemptions.

A. 
Construction activities. Any building or construction activity, including the clearing and removal of trees or other site preparation work, which is audible outside of a building or structure is permitted with prohibitions as follows or as may be permitted by a variance granted by the Zoning Board of Appeals in accordance with § 125-129 et seq.:
(1) 
Activity is prohibited on holidays and between the hours of 6:00 p.m. to 8:00 a.m.
(2) 
Blasting is not permitted on Saturday, Sunday and holidays and is further regulated by Chapter 125 of the Town Code.
B. 
However, uses of snow blowers, chain saws and other domestic tools and equipment are exempted from these limits when they are being used to clear driveways, streets or walkways during and within twenty-four (24) hours after snowfalls, rain storms, ice storms, wind storms or similar emergencies.
C. 
Nothing in this Article shall be construed to prevent the production of music in connection with any military or civic parade, funeral procession or religious service.
D. 
The Article shall not be construed to prohibit the use of any organ, bell, chimes or any other similar instrument or device by any church, synagogue or school on or within its own premises in connection with religious rites or ceremonies of such church or synagogue or in connection with a school education program.
E. 
For sound-reproduction devices used in connection with weddings or similar events on any property sound levels in excess of those permitted in § 83-5A are allowed, provided that such sound levels do not exceed sixty-five (65) dB(A), and provided that sound levels in excess of those permitted in § 83-5A cease by 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday or Thursday nights and by 12:30 a.m. on Saturday or Sunday mornings.
F. 
Sounds created by any governmental agency by the use of public warning devices are exempted from the limitations of this Article.
G. 
Sounds created by public utilities in carrying out the operations of their franchise are exempted from the limitations of this Article.
H. 
Sounds connected with sporting events of any public or private school, swim or tennis club or country club or with Town of Bedford sponsored or permitted special events or sports programs are exempt from the limitations of this Article.
I. 
Sounds connected with activities and equipment of the Town of Bedford are exempt from the limitations of this Article.

§ 83-7 Construal of provisions.

The provisions of this Article shall in no case remove, or render less restrictive, limitations on noise generation or other conditions imposed for specific properties by actions of the Bedford Zoning Board of Appeals or by actions of the Bedford Planning Board or required under other applicable laws or regulations.

§ 83-8 Enforcement official.

The provisions of this Article shall be enforced by the Police Department of the Town of Bedford or other officials designated by the Town Board.

§ 83-9 Penalties for offenses.

A. 
Any person violating any provision of this Article shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed the sum of two hundred fifty dollars ($250.) and/or imprisonment for no more than fifteen (15) days, or both. Each day shall constitute a separate offense, punishable by a like fine or penalty as herein set forth.
B. 
Notwithstanding the penalties herein above provided, the Town of Bedford may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provision of this Article.
C. 
The foregoing provisions for enforcement of the regulations in this chapter are not exclusive, but are in addition to any and all laws applicable thereto.

§ 83-10 Severability.

If any clause, sentence, paragraph, section or part of this Article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Article, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the litigation in which such judgment shall have been rendered.

§ 83-11 Repealer.

Existing Chapter 83, Article I, §§ 83-1 through 83-5, of the Bedford Town Code is hereby repealed[1] and is hereby replaced with the Local Law No. 1 of 1990, also entitled herein as the "Town of Bedford Noise Control Law."
[1]
Editor's Note: Former Ch. 83, Noise, consisted of Art. I, Off-Highway Motor Vehicles, adopted 10-24-1978, as amended.

§ 83-12 When effective.

This chapter shall take effect as provided by law.