[Adopted May 25, 2004 by L.L. No. 4-2004]
A.
It is hereby declared to be the policy of the Village
of Manlius to prevent unreasonably loud, disturbing and unnecessary
noise (as defined herein) and to reduce the noise level within the
Village so as to preserve, protect and promote the public health,
safety and welfare and to foster convenience, peace and quiet within
the Village of Manlius by the inhabitants thereof. The Village Board
finds that problems concerning the disturbance of peace, quiet and
tranquility by noise from various sources and activities are best
resolved by thoughtful discussions and cooperative agreements between
affected parties. However, to resolve remaining problems of noise
which are disturbing to others, it is the policy of the Village of
Manlius and the purpose of this article to establish standards, enforcement
procedures and penalties.
As used in this article, the following terms
shall have the meanings indicated:
Any sound signal device designed and intended to produce
an audible sound signal upon unauthorized entrance into a building
or motor vehicle.
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, highways,
roads, utility lines or other property.
Any mechanism which is intended to or which actually produces
sound when operated or handled.
A public calamity or an exposure of any person or property
to imminent danger.
Any individual or group of individuals, partnership, company,
corporation, trust, association, firm, organization, syndicate, administration,
bureau or department.
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.
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:
The intensity of noise.
Whether the nature of the noise is usual or
unusual.
Whether the origin of the noise is natural or
unnatural.
The intensity of the background noise.
The proximity of the noise to sleeping facilities.
The nature and the zoning district of the area
within which the noise emanates.
The time of the day or night the noise occurs.
The duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or intermittent.
Whether alternate methods are available to achieve
the objectives of the sound-producing activity.
A.
Burglar alarms. No person shall operate or cause to
be operated an outdoor audible burglar alarm unless such alarm automatically
terminates its operation within 15 minutes after it has been activated
and does not operate more than 15 minutes in any one-hour period.
B.
Construction and operation of machinery. No person
shall conduct or permit to be conducted construction and/or the operation
of machinery, equipment and/or domestic power tools, including lawn
mowers, sanders, grinders, and leaf blowers between the hours of 9:00
p.m. the preceding night and 7:00 a.m. on Monday through Saturday,
and between the hours of 9:00 p.m. the preceding night and 9:00 a.m.
on Sundays, so as to cause unnecessary noise across a real property
line.
C.
Exhausts. No person shall cause or permit the discharge
into the open air of the exhaust of any device, including but not
limited to, any motor vehicle engine, except through a muffler which
will effectively prevent the creation of unnecessary noise therefrom.
D.
Horn or signal. No person shall sound or permit the
sounding of any horn or signal on any car, motorcycle, bus or other
vehicle, except as a warning signal pursuant to the provisions of
the Vehicle and Traffic Law of the State of New York.
E.
Loading and unloading vehicles. No person shall cause
or permit the creation of unnecessary noise in connection with loading
or unloading of any material, equipment or garbage cans or the handling
of bales, boxes, crates or similar containers.
F.
Motor vehicles. No person shall use or cause to be
used any automobile, motorcycle, bus or other motor vehicle so out
of repair, so loaded or in such manner as to create loud and unnecessary
grating, grinding, rattling or other unnecessary noise.
G.
Sound reproduction devices. No person shall operate,
play or permit the operation or playing of any radio, CD or tape player,
television, public address system, loud speaker, musical instrument,
sound amplifier or similar device which produces, reproduces or amplifies
sound in such a manner as to create unnecessary noise at a distance
of 75 feet from the noise source or across a real property line, whichever
is less.
H.
Vocal disturbances. No person shall cause or permit
to be caused any unnecessary noise by shouting, yelling, whistling,
singing or other vocal exclamations.
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.
A.
Any person found violating the provisions of this
article shall, upon conviction thereof, be deemed guilty of a violation
as described by the New York Penal Law, and punished as follows:
(1)
For the first offense, the penalty shall be a fine
up to the maximum sum of $250.
(2)
For the second offense within a six-month period,
the penalty shall be a fine up to the maximum sum of $375.
(3)
For the third and each subsequent offense within a
six-month period, the penalty shall be a fine up to the maximum sum
of $500 or imprisonment for a period not in excess of 15 days, or
both such fine and imprisonment.
B.
Every day that a violation of this article continues
shall constitute a separate offense.
