Oriental Noise Ordinance

Tuesday night at the meeting of the Town Board, during the public hearing concerning the Steamer's special use permit request, noise complaints were discussed. When asked, our acting police chief reported that he had received three recent noise complaints concerning the Steamer. Someone asked whether he had measured the noise level with the dB meter. Mr. Moore responded that, at that time of night he didn't need to.

That may confuse some of our citizens who remember the struggle about four years ago to modify the noise ordinance in effect at the time.

Four years ago, the Town Board engaged in a protracted effort to craft an amended noise ordinance that balanced the uncertainty facing businesses and musicians (caused by the fact that the previous ordinance established the standard that if a neighbor complained, the sound was ipso facto too loud) with the reasonable interest of residents to be allowed to enjoy peaceful uses of their residences. We sought to accomplish this by establishing a measurable, objective standard for the operation of sound amplification equipment. For such equipment, acceptable sound levels were set at a maximum of 65 dBA +/- 2dBA between the hours of 9:00 a.m. and 9:00 p.m. Permissible levels were set at 60 dBA between the hours of 9:00p.m. and 9:00 a.m. In both cases, the measurement was to be at an exterior portion of the dwelling of the person making the complaint.

Exceptions may be granted up to four times a year at any place of business, allowing on these special occasions sound levels up to 75 dBA from 9:00 a.m. to 9:00 p.m. and 70 dBA from 9:00 p.m. to midnight, also measured at an exterior location of the complainant's residence. In no case can the sound level exceed 92 dBA +/- 2 dBA when measured at a distance of 20 feet from the source.

Mr. Moore may be relying on Article II Section 1, which declares it "unlawful for any person or group of persons "to willfully make, continue, or cause to be made or continued, any unreasonable loud or disturbing noise...." As written, the ordinance only requires dB measurements for use of sound amplification equipment.

It might be a good idea for the Town Board to revisit this ordinance with a view to removing any residual ambiguity.