HomeMy WebLinkAbout2022-02-14 Danby Noise Committee Report 2Danby State Forest photo by Joan Curtiss
DANBY NOISE
COMMITTEE REPORT
COMMITTEE MEMBERS:
Betsy Wohl (chair), Leslie Connors,
Joan Curtiss, Nancy Medsker, Todd
Rose
Submitted:
February 14, 2022
1
Danby Noise Committee Report
Committee members: Betsy Wohl, Joan Curtiss, Leslie Connors, Nancy Medsker, Todd Rose
TABLE OF CONTENTS
Section 1: Purpose of Report. 1
Section 1A: Why is Noise an Issue? 1
Section 2: Methods for Soliciting Community Feedback. 2
Section 3: Findings Overview. 2
Section 4: Response to Community Concerns. 3
Section 5: Recommendation of Noise Committee. 6
Section 5a: Noise Ordinances in local communities. 6
Appendix: Petition, References to health impact on noise. 6
Section 1: Purpose of Report
A great many Danby residents have expressed concerns about unreasonable noise they’ve
experienced in the community, and a lack of a remedy available to them, despite dialogue,
attempts at dialogue, other neighborly means and other efforts, including contacting the Sheriff’s
Department.
Community members are asking the Town Board to consider adopting a noise ordinance to
protect the rights of residents when other measures fail. The Town Supervisor formed the
Danby Noise Committee to assess the prevalence and impact of unreasonable noise in Danby.
Section 1A: Why is Noise an Issue?
According to the 2020 census, Danby grew by 2.76% from 2010. In a June, 2017 Ithaca Voice
article, Danby was one of the fastest growing towns in New York State (see link). We have
increased development, more neighbors and consequently, many residents have experienced a
corresponding increase in unreasonable noise. It is important to note that unreasonable noise is
distinguishable from noise typically associated with residential uses, including occasional
noises, such as lawn mowers, chainsaws, leaf blowers, snowblowers and brush hogs.
Unreasonable noise has a major, direct impact on the health, peace, comfort, repose, and
welfare of the residents of Danby. Many peer-reviewed studies find that noise is a health
hazard, not just a nuisance. Noise has been proven to cause hearing damage, stress, anxiety,
depression, and sleep disturbances. Noise also affects memory, and the ability to concentrate
and learn, especially in schoolchildren [1,2,6,7,8,11,17,22,27,28,29,33].
2
The health and well-being of many Danby residents are diminished due to unreasonable noise,
which is adversely affecting the peaceful enjoyment of their property. Many residents supported
a noise ordinance despite not experiencing any current noise issues. More people are working
at home remotely and many complained about noise adversely affecting their abilit y to
concentrate and their productivity.
Residents expressed concern that the proximity to unreasonable noise has decreased the
property value of their homes. Residents also noticed a decrease in wildlife activity when
experiencing unreasonable noise. Unreasonable noise results in a lack of harmony in
neighborhoods and leads to tension between parties. In many instances residents have sought
to talk with and negotiate a compromise with the parties making unreasonable noise, some of
whom are not Danby residents. Some people reported an increase in noise activity and tension
between neighbors after attempting dialogue.
Figure 2. Move.org Danby Noise Petition Comment [35]
Section 2: Methods for Soliciting Community
Feedback
The Danby Noise Committee used several modes to solicit feedback from Danby and West
Danby residents, including phone, in-person, door-to-door, an online petition, and the Danby
Facebook post.
Section 3: Findings Overview
The Committee estimates contacting over 100 Danby residents via p hone, email, and in-person.
While the Danby Facebook group has 907 members, it is not possible to determine how many
follow and read the noise-related posts. The Facebook post had a lively discussion, with the
concerns addressed below. Over 100 residents s igned a noise ordinance petition (see petition
in Appendix), and many others expressed their support for a noise ordinance but did not sign it.
3
Community members relayed to the Committee the adverse effects of unreasonable noise, such
as stress, anxiety, fear, lack of sleep, inability to concentrate and frustration. Almost everyone
who complained of unreasonable noise had attempted to resolve the problem by talking with
their neighbor (unsuccessfully), and a minority felt that direct communication was uns afe, or
impossible.
The Committee reviewed other Tompkins and TIoga County noise ordinances, contacted the
District Attorney's Office, the Sheriff’s Department and the Ithaca Town Clerk and Ithaca Town
Court for feedback.
Observations from Tompkins County Sheriff’s Department:
●Without a noise ordinance, they have no power to respond to a noise complaint by a
Danby resident because there’s no law to enforce;
●A preference for noise ordinances without decibel levels
Observations from Ithaca Town Court, Judge Salk (since implementation of the Town of Ithaca’s
noise ordinance):
●Recalls no cases before him regarding noise complaints;
●Believes that the ordinance has successfully acted as a deterrent;
●To ensure proper enforcement, if a noise ordinance doesn’t have set decibel levels, it
must specify intensity, set hours of the day (night) and duration
Noise as a civil matter: without a town ordinance, the only remedy is to bring an action in the
Tompkins County Supreme Court, which costs $305 to file a n action and request a judge,
exclusive of the cost to hire an attorney at the going rate of $240 - $300 per hour.
Noise as a criminal matter: according to District Attorney Matthew Van Houten, their office
would only consider prosecuting noise complaints that rise to the level of harassment, which in
turn requires intent [as opposed to negligence].
Section 4: Community Concerns and Responses
Concern Response
2000 Danby proposal
was too in-depth
The revised proposal is modeled after other successful noise
ordinances in Tompkins County
A little target practice
shouldn’t be a violation
The purpose of a noise ordinance is to preserve public health and
peace by preventing unreasonable noise of long duration. Target
practice in and of itself should not be a violation. Critically, the
ordinance considers the time of day/night and duration of the
noise. See references in Appendix.
4
Need to define
unreasonable level
Unreasonable is defined in the draft ordinance.
Based on numerous scientific studies, the World Health
Organization [1] recommendations provide this guidance:
To protect the majority of people from being seriously annoyed
during the daytime, the sound pressure level on balconies,
terraces and outdoor living areas should not exceed 55 dB LAeq
for a steady, continuous noise. To protect the majority of people
from being moderately annoyed during the daytime, the outdoor
sound pressure level should not exceed 50 dB LAeq.
Don’t have the right to
determine what one can
or cannot do on their
property
There already exist numerous laws which restrict what you can
do on your property. You can’t harbor a fugitive. You can’t abuse
or neglect your child. We have zoning and dog control
ordinances and have banned fracking. Laws exist to protect the
health and safety of citizens, and because people don’t always
behave reasonably or responsibly. It’s the cornerstone of a
civilized society to have laws.
In some instances those causing unreasonable noise are neither
landowners nor residents of Danby.
“Even though the
(2000) proposal is
excessive, we must
start someplace as
being nice isn’t getting
us anywhere” ) Don
Fenton, 2000 meeting
minutes [40]
There are already laws
on the books to address
this and there is
therefore no need for an
ordinance
There are no relevant laws that provide a remedy. See Findings
Overview, above. Currently, an aggrieved resident has no
recourse. The Sheriff’s Department is powerless. Commencing a
civil action in the Supreme Court (the only court which currently
has jurisdiction to hear a “nuisance” complaint) is expensive,
time-consuming, and with an uncertain outcome.
An ordinance appears
to drive neighbors apart
It’s the noise that drives neighbors apart.
We already have ordinances which may or may not drive
neighbors apart, depending on how they’re used. As our Town
Supervisor noted in the January 2022 issue of the Danby News,
“No law can be written to be fair in all situations.” But we can
strive to make them as fair as possible.
5
As an initial step, affected parties should attempt to start a
dialogue whenever possible in an effort to remedy a complaint. It
is understood that situations exist where contact may not be safe,
reasonable or possible and this step may be bypassed.
In some instances the attempt to reach a compromise has
resulted in an escalation in the noise.
Need to define the size
of parties one can have
There are no size restrictions. As written, there’s a provision for
applying for a permit when a resident knows in advance that
there’s a chance that a planned gathering may produce sound
either louder than usual, and/or after 9:00 p.m., for e.g. a special
event such as a wedding or graduation party. Of course, alerting
your neighbors ahead of time of such an unusual event is a “best
practice” - - a neighborly thing to do.
Agriculture is exempt
yet some farmers are
concerned
Sound from a farm that results from construction, repair, or day to
day activities, and/or emergency work that is done in pursuit of
farming” is permitted. Note that nighttime noise would be
excluded.
Unclear who issues
complaints
Enforcement may be facilitated by, but shall not be dependent
upon, complaint by a resident of the Town to a Town Code
Enforcement Officer or county or other law enforcement officer.
Any police officer or peace officer or any person who may be
lawfully designated by the Town Board shall have the authority to
issue appearance tickets in connection with any violation of this
ordinance.
Sound can’t be
measured accurately
and proposal doesn’t
support decibels
Section 1.3 defines Unreasonable noise, which is supported by
numerous scientific studies.
Decibel levels can be measured and some towns have included
decibels in their ordinances and the Town can consider including
set levels.
Why do this if it people
are just going to sue
anyway
The purpose of a noise ordinance is to protect the health and
well-being of the public and to avoid lawsuits.
Section 5: Recommendation of Noise Committee
Danby needs to implement a noise ordinance for the following reasons:
● There have been multiple community complaints about noise issues.
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● Noise has been a long-standing issue, spanning decades.
● Danby is growing and becoming more densely populated, so noise issues will only
worsen and become more common.
● There exists no legal remedy to address noise issues, even in egregious cases.
● It is the role of good governance to establish standards to protect the health, well -being
and the right to peaceful enjoyment of Danby residents.
● The benefits of implementing a noise ordinance outweigh the perceived burden on
residents.
Section 5a: Noise Ordinances in local communities
Groton Village - https://ecode360.com/10979274
Ithaca City - https://ecode360.com/8391225
Ithaca Town - https://ecode360.com/8659281
Trumansburg Village - https://static.flxwebsites.com/documents/2006 -2-noise-law.pdf
Dryden Town – Unable to locate on the town website but here is an article regarding the
enactment: https://cortlandstandard.net/2021/01/22/new-noise-ordinance-enacted-in-dryden/
Candor Town - https://drive.google.com/file/d/1a4lJ1YXwmQWCFntfDDfjGXytvMPDr -
t3/view?usp=sharing
Appendix:
Petition
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