As used in this article, the following terms
shall have the meanings indicated:
BURGLAR ALARM
Any sound signal device designed and intended to produce
an audible sound signal upon unauthorized entrance into a building
or motor vehicle.
CONSTRUCTION
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, highways,
roads, utility lines or other property.
DEVICE
Any mechanism which is intended to or which actually produces
sound when operated or handled.
EMERGENCY
A public calamity or an exposure of any person or property
to imminent danger.
PERSON
Any individual or group of individuals, partnership, company,
corporation, trust, association, firm, organization, syndicate, administration,
bureau or department.
REAL PROPERTY LINE
The boundary, including its vertical extension, which separates
the parcel of real property owned or controlled by one person from
that owned or controlled by another person, including intrabuilding
real property divisions.
UNNECESSARY NOISE
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of a reasonable person of normal sensibilities,
or which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether unnecessary noise
exists in a given situation include but are not limited to the following:
B.
Whether the nature of the noise is usual or
unusual.
C.
Whether the origin of the noise is natural or
unnatural.
D.
The intensity of the background noise.
E.
The proximity of the noise to sleeping facilities.
F.
The nature and the zoning district of the area
within which the noise emanates.
G.
The time of the day or night the noise occurs.
H.
The duration of the noise.
I.
Whether the sound source is temporary.
J.
Whether the noise is continuous or intermittent.
K.
Whether alternate methods are available to achieve
the objectives of the sound-producing activity.
The following sounds shall not be deemed to
be a violation of this article.
A. Sounds created by the use of any organ, bell, chimes
or any other similar instrument or device of any church, synagogue
or school on or within its own premises in connection with religious
rites or ceremonies of such church or synagogue or in connection with
a school education program.
B. Sounds created by snow blowers, generators, chain
saws and other domestic tools and equipment when used to clear driveways,
streets or walkways during and after snowfalls, rainstorms, ice storms,
windstorms or other similar emergencies.
C. Sounds created by agricultural activities.
D. Sounds connected with athletic, recreational, or sporting
events of any public organization or private school, provided that
such sounds shall be reduced between the hours of 12:00 midnight to
7:00 a.m.
E. Sounds connected with organized activities sponsored
by any school district or fire district or department within the Village,
provided that such sound shall be reduced between the hours of 12:00
midnight and 7:00 a.m.
F. Sounds connected with municipally sponsored celebrations
or events, including lawful fireworks displays, parades, carnivals
and the like, held in accordance with all pertinent provisions of
the Village Code, provided that such sounds shall be reduced between
the hours of 12:00 midnight and 7:00 a.m.
G. Sounds created by emergency construction or repair
work authorized or performed by the Village of Manlius or the County
of Onondaga, the State of New York or any recognized utility serving
the area.
H. Sounds created by the exercise of commercial activities
to the extent that such sounds are already controlled with the Village
of Manlius through site plan approval, special permit or otherwise.
I. Sounds created by police cars, fire engines, ambulances
and other emergency vehicles when used in connection with an emergency,
drill or test procedure.
J. Sounds connected with activities open to the public
where proper authorization has been obtained from the Village Board
or any other designated authority of the Village of Manlius.
The provisions of this article shall be enforced
by the Town of Manlius Police Department and the Village's designated
Codes Enforcement Officer, who shall have the power to issue warnings
and to bring complaints returnable before the Justice Court of the
Village of Manlius for a violation of this article.