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Amherst, NY Noise Ordinances: Decibel Limits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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?
Under Table I in Amherst Code § 138-5P, a stationary noise source on residential land may not exceed 70 dBA at a residential receiving property or 75 dBA at a nonresidential one between 7 a.m. and 11 p.m.; both drop to 50 dBA between 11 p.m. and 7 a.m.
Does the nighttime limit change if the noise source is commercial?
Yes. When the source itself is on nonresidential land, the daytime limits stay 70/75 dBA, but at night the limit is 50 dBA only for a residential receiving property; a nonresidential property receiving noise from another nonresidential source keeps a 75 dBA ceiling overnight under Table I.
How does Amherst measure a decibel-limit violation?
Section 138-7A requires an ANSI Type II sound-level meter, calibrated at least annually and operated by Town personnel approved by the Chief of Police, with a wind-velocity gauge checked periodically. A Table I violation, unlike the distance-based § 138-5 acts, needs an actual meter reading.

Sources & Official References

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