Amherst, NY Noise Ordinances: Decibel Limits (2026)
Key Facts
- Daytime limit
- 70 dBA residential / 75 dBA nonresidential receiver
- Nighttime limit
- 50 dBA (7am-11pm to 11pm-7am shift)
- Governing section
- Amherst Code § 138-5P, Table I
- Measurement point
- At the receiving property boundary
- Required equipment
- ANSI Type II sound-level meter, annually calibrated
- Maximum penalty
- $250 fine or 15 days jail per day
Summary
Amherst regulates stationary noise sources like generators, compressors and rooftop equipment by decibel limit rather than distance. Table I under Amherst Code § 138-5P caps sound at the property line at 70-75 dBA from 7 a.m. to 11 p.m. and drops to 50 dBA (up to 75 for nonresidential-to-nonresidential noise) between 11 p.m. and 7 a.m.
Table I: Maximum Permissible Sound Levels by Receiving Land Use Category. Maximum Permissible Sound Level (dBAs) Receiving Land Use. Sound Source Land Use Category. Time Period. Residential. Nonresidential. Residential. 7:00 a.m. to 11:00 p.m. 70 75. 11:00 p.m. to 7:00 a.m. 50 50. Nonresidential. 7:00 a.m. to 11:00 p.m. 70 75. 11:00 p.m. to 7:00 a.m. 50 75.
Full Breakdown
Section 138-5P is the catch-all for any stationary noise source not already listed as a violation in § 138-5's items A through O: it bars operating a stationary source that exceeds the limits in Table I, measured at the property boundary. Table I sets the maximum permissible sound level in dBA by pairing the source's land-use category with the receiving property's land-use category across two time periods. m. When the source is on nonresidential land, the daytime limits are the same 70/75 dBA split, but the night-time limit only drops to 50 dBA for a residential receiving property; a nonresidential property receiving noise from another nonresidential source keeps a 75 dBA ceiling around the clock.
Enforcement requires instrumentation: § 138-7A directs the enforcement officer to use an ANSI Type II sound-level meter, calibrated at least annually, operated by Town personnel approved by the Chief of Police, with a wind-velocity gauge checked periodically for accuracy. Table I does not apply to alarms defined in § 138-5H, which are governed instead by their own ten-minute duration rule. The Amherst Police Department enforces § 138-5P under § 138-7B, and a proven violation is punished under § 138-8.
Violations & Fines
Exceeding the Table I limits under § 138-5P is punishable under § 138-8 by a fine of up to $250, up to 15 days in jail, or both, with each day of a continuing exceedance a separate offense. A citation requires a reading from a calibrated ANSI Type II sound-level meter operated under § 138-7A, unlike the distance-based tests elsewhere in § 138-5.
Frequently Asked Questions
What decibel limit applies to a noisy generator or compressor in Amherst?
Does the nighttime limit change if the noise source is commercial?
How does Amherst measure a decibel-limit violation?
Sources & Official References
Other rules in Amherst
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