City of Kingston Laws and Rules Committee
Meeting Agenda
Thursday, January 18, 2018
NEW BUSINESS
Amendment to Chapter 300 - Noise Ordinance
Suggested Acon: Approve changing me frame for start of work on construcon acvies from 8 AM to 7AM
Noise Ordinance Communicaon to CC.pdf
Alderman Schabot Re: Zoning Change Request
zoning change request January 2018.pdf
1
CITYOFKINGSTON
Office
of
Planning
plannin g@kingston-uy.
gov
Suz¿r¡rne Cahill,
Planning
l)irector
Steven
T. Noble,
Mayor
December L3,20t7
Hon.
iames
Noble,
President
City of
Kingston Common Council
City Hall
-
420 Broadway
Kingston,
NY 1,2401
Re: Amendment to
Chapter 300
-
Noise Ordinance
Dear
Pres. Noble:
After
giving
this serious thought,
and
having communication
with both our City
Engineer and our
Police Chiel
I am
asking for consideration
to update
S300-5
-Prohibitive
Acts of
the City Code addressing
noise
disturbances.
Under sub
section
(2)
Construction
-
"Operating
or
permitting
the operation
of any tools
or equipment
used in construction,
drilling or demolition
work is
prohibited
before 8
AM on weekdays
or at any time on
Sundays/weekends
or
holidays...."
It is my
opinion
that the current
start time
of 8 am
for construction
delays normal construction
work schedules
and
extends
work hours during the
summer
months
when overheating
is
a
health and safety
issue.
I
am
therefore asking
that consideration
be
given
to
amending
this section to
allow
work
to begin
at 7 AM.
lt should be noted
that emergency
work
or
public
service ut¡l¡ties are already
excluded
from
this
stipulation.
A copy of the code section
is attached
for
your
reference. lf
you
have
any
questions
regarding this
change
please
contact
our office.
Thank
you
Sincerely,
,-)
ì7\,^^
GI^^L
Suzanhetahill
Planning Director
Cc Mayor
Noble
R.
Swenson, City
Engineer
E.
Tinti, Police Chief
K. Bryant, Corp. Counsel
Cily
Hall
.
420 Broadway
.
Kingston,
New York 12401
.
(845)
334-3955'
þ-a.r
(845)
334-3958
'
www.kingston-rry.gov
2
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City of K¡ngston, NY
December
t8,2otz
Chapter
3oo.
Noise
Article I. Noise
Control
$
3oo-5.
Prohibitive
acts.
A. Specific prohibitions.
No person
shall cause, allow or permit
the
following
acts which
shall
be considered
to
be a
noise
disturbance:
[Amended
:e-t6-tggg
by
L.L. No.
2-2ooo, approved r-3-zooo]
(1)
Animals.
[Amended
z3-2oo4
by L.L.
No.
r-zoo4,
approved
z-24-zoo4f
(a)
Owning
possessing
or
harboring
any animal which
creates a noise disturbance
across a
residential
real
property
boundary which would
be deemed unreasonable
by
any
person
of
normal
sensitivities.
(b)
Said noise d¡sturbance
shall
include,
hut not be limited
to, barking howling
or the
making
of other
loud noises
by said animal
between the
hours
of
ro:oo p.m.
and 8:oo
a.m.
for more than one
fifteen-minute
period
and from the hours of 8:oo
a.m. to ro:oo
p.m.
for
more
than
two fifteen-
minute
periods.
(z)
Construction.
Operating or
permitting
the operation of
any tools or equipment
used
in construction,
drilling
or
demolition
work:
(a)
Between
the hours of 6:oo
p.m.
and 8:oo a.m. on weekdays
or at any
time on Sundays/weekends
or holidays, such that
the sound therefrom creates
a
disturbance across
a
residential real property
boundary
or
is
in
violation
of
5
3oo-6
(sound level measurements),
except
for
emergency work or
public
service
utilities
or
by special
permit
issued
pursuant
to
S
3oo-7.
(b)
This section shall not
apply to the use of
domestic
power
tools, lawn
mowers and
garden
equipment
between the hours of
8:oo a.m. and 8:oo
p.m.
on weekdays
and 8:oo a.m.
and
8:oo
p.m.
on
weekends
and legal
holidays,
and
snowblowers between the hours
of 6:oo a.m. and to:oo
p.m.,
provided
that they
produce
less
than
go
dBA at or within
any real
property
line of
a
residential
property.
(c)
ln violation
of any state or federal law.
(g)
Domestic power
tools. Operating
or
permitting
the
operation
of any mechanically powered
saw,
drill,
sander, grinder, lawn
or garden
tool or similar
device
used outdoors in residential
areas between the
hours
of 8:oo p.m.
and 8:oo
a.m., and the
operation of
any
mechanically powered
domestic snow-
removal
device
between the hours of ro:oo p.m.
and
6:00 a.m., so as to
cause
a
noise disturbance
across
a
residential
real
property.
(+)
Emergency
signaling devices
as
follows:
(a)
The ¡ntent¡onal
sounding or
permitting
the sounding
outdoors
of
any
fire,
burglar or civil defense
alarm,
siren, whistle or similar stat¡onary
emergency signaling
device,
except for emergency
purposes
or for testing
as
provided
in
Subsection B(a)(b).
(b) Testing.
https ://ecode360.com/prinUKl 0280?
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24 484
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12t18t20'17 City of
Kingston, NY
ti]
Testing of a stationery emergency signaling device shall
occur
at
the same
time of day each
time
such
a test is
performed.
Any
such
test¡ng
shall
use the minimal
cycle
test
time.
[z]
Testíng
of the complete emergency signaling system,
including
the funct¡on
of thê signaling
device and the
personnel
response to the
signaling devíce, shall not occur more
than once
in
(c)
Sounding or
permitting
the sounding of any exterior burglar alarm
or any
motor
vehicle
burglar
alarm unless such alarm is automatically terminated
within
r5 minutes
of activation and
shall
not
be
operated more
than
15
minutes in any
one-hour
period.
G)
Explosives, firearms
and
similar
devices.
The
use of
firing
of explosives, firearms or
any other
impulsive
source so
as to
cause
a noise disturbance
across
the real property
boundary or on a
public
space or
right-of-way,
without
first
obtaining a special variance
issued pursuant
to
I3oo-9.
Such
permit
need
not be obtained for
such
licensed
game-hunting
activit¡es
on
property
where
such activities are
authorized.
(6)
Loading and
unloading.
(a)
Loading unloading opening closing or
handling
of boxes, crates, containers, building materials,
liquids,
garbage
containers,
refuse or similar objects;
the
pneumatic
or
pumped
loading or
unloading
of
bulk materials
in liquid,
gaseous, powder
or
pellet
form;
and compact¡ng
refuse
by
persons
engaged
in the
business
of
scavenging or
garbage
collection
whether
pr¡vate
or municipal,
between
the hours of ro:oo
p.m.
and 6:oo a.m. on weekdays,
and
between
the
hours
of
ro:oo
p.m.
and
7:oo
a.m.
on
weekends or legal holidays, or in such
a
manner
as to cause a
noise
disturbance
across a
residential
or
real
property
boundary or
within
a noise-sensitive zone.
(b) Any loading or unloading not addressed
in
the
preceding
subsection, or by other
provision herein,
will be
prohibited
between the
hours
of 8:oo
p.m.
and
7:oo
a.m and
will
be subject to the
provisions of
5
3oo-6
herein.
0)
Loudspeakersþublic
address systems.
(a)
Using
or operating for any
noncommercial
purpose
any loud
speaker,
public
address
system
or
similar
device between
the
hours
of
1o:oo
p.m.
and ro:oo
a.m.
the
following
day,
such that
the
sound therefrom
creates a noise disturbance or
is
plainly
audible across a
residential real
property
boundary or
within a noise-sensitive
zone.
(b)
Using
or operat¡ng
for any commercial
purpose
any
loud
speaker,
public
address
system
or
similar
device:
i1]
Such
that the sound therefrom creates a
noise disturbance or is
plainly
audible across the
real
property
boundary or
within
a
noise-sensitive zone; or
[z]
Between the hours of
ro:oo
p.m.
and 1o:oo a.m. on a
public right-of-way or
public
space.
(B) Modification
of
noise control devices.
No
person
shall operate or
permit
to be operated any device that
has been
modified so as to cause
the sound emitted
from
such device to be
greater
than
that
emitted
from such
device as originally
manufactured.
(g) Motor boats. Operating
or
permitting
the operation of any
motor boat in any lake, river,
stream
or
other
waterway and upon
the
waters ofthe
Rondout
Creek
in
such a
manner as to exceed a sound
level
of 85 dBA at
5o
feet (15 meters)
or the nearest
shoreline whichever distance
is less.
[See
Subsection
B(r4)
of this section
also.l
(ro)
Sound reproduction systems.
(a)
Operating
playing
or
permitting
the
operation of any radio,
television,
phonograph
or similar
device that
reproduces or amplifies sound in such a manner
as to
create
a
noise
disturbance to any
other
person
other than
the
operator ofthe
device.
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4
12t18t2017
City of Kingston, NY
(b)
This
section shall
not
apply to
noncommercial,
spoken language covered under
Subsection
B(7)
of
this
section.
(rr)
Nonemergency
signaling
devices.
(a)
Alternative
r.
t1]
Sounding or
permitting
the sounding of any electronically
amplified signal
from
any bell,
chime, siren,
whistle
or
similar
device, intended primarily for nonemergency purposes, from
any
place for more
than
five minutes in
any hour. These sounds are not
permitted
between
the hours of ro:oo
p.m.
and
7:oo
a.m.
[z]
Devices
used
in
conjunction with
places
of religious worship
shall be exempt
from
the
operation of this
provision.
(rz)
Street sales. Offering
for
sale or selling
anyth¡ng by shouting or outcry within any
residential
or
commercial
area
of the city
except by
permit
issued
by the appropriate department within
the
city
between
the
hours
of 8:oo
p.m.
and
1o:oo
a.m., unless otherwise
permitted
by the
proper
authority.
(r3) Vehicle
or motor boat repairs
and testing.
Repairing, rebuilding
modifying or testing any motor vehicle,
motorcycle
or motor boat in such a manner as to
cause a
noise
disturbance across a
residential real
property
boundary
or
between the
hours
of 8:oo
p.m.
and 8:oo a.m. At no time shall the decibel level
exceed 85 dBA
at the
receiving
boundary.
(t4)
Prohibited
noise. lf any
said
noise is deemed
unreasonable by an officer of the Kingston Police
Department,
said opinion by said officer of the
Kingston
Police Department
shall be deemed
presumptive
evidence of unreasonable noise. This
presumption
may
be
rebutted
by competent
evidence.
https:i/ecode360.com/print/K10280?
guid=67
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5
TTIE CITY
OF
KTNGSTON
COMMON
COUNCIL
LAWS & RULES
COMMITTEE
REPORT
¡Ja.
ce
L¿.
Þ
L)
ñ.,
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TE tzf
ra/
3
l/
S
DEPARTMENT
Motion
Seconded
Action
Required:
SEQRA Decision:
Type
I Action
Type II Action
Unlisted Action
Negative Declaration
of Environmental
Signifi
cance:
Conditioned
Negative
Declaration:
Seek Lead
Agency Status:
----J-
Committee
Vote
YES
NO
Lynn Eckert,
Chairman
Reynolds Scott-Childress,
Ward 3
Bill Carey,
S/ard 5
Maryann Mills,
Ward
7
Deborah
Browno Ward
9
Positive Declaration of
Environmental
Signiûcance:
6
1
Winnie, Carly
From: James Noble <jnoble39@aol.com>
Sent: Tuesday, December 12, 2017 12:43 PM
To: Winnie, Carly
Subject: Fwd: Zoning Change
Please add to the PS Committee communications. Thank you. Jim
Sent from my iPad
Begin forwarded message:
From: "STEVEN SCHABOT" <[email protected]>
Date: December 11, 2017 at 10:19:04 AM EST
To: "'James Noble'" <[email protected]>
Cc: "'Bill Carey'" <[email protected]>, <[email protected]>
Subject: Zoning Change
Jim
I was advised by a constituent of commercial trailers parked on
an adjacent property. I spoke with Joe Safford about this and
while the property owner was cited, Joe feels that a slight
amendment to section 405-3. Specifically, this section
addresses trailers, such as RV’s that are driven, Joe suggests
adding and including vehicles that are towed by another
vehicle. Please refer to the appropriate committee.
Thanks
Steve
7
2
8
