This chapter may be cited as the "Noise Control
Ordinance of the City of Canandaigua."
As used in this chapter, the following terms
shall have the meanings indicated:
dB(A)
The unit of measurement for sound approximating the auditory
sensitivity of the human ear as measured with a sound level meter
using the A-weighted network.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
EMERGENCY WORK
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
MOTORCYCLE
A vehicle listed as a motorcycle as defined in the Vehicle
and Traffic Law of the State of New York.
MOTOR VEHICLE
A vehicle listed as a motor vehicle as defined in the Vehicle
and Traffic Law of the State of New York.
NOISE
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
NOISE DISTURBANCE
Any sound which:
A.
Endangers or injures the safety or health of
humans or animals; or
B.
Annoys or disturbs a reasonable person of normal
sensitivities; or
C.
Endangers or injures personal or real property.
PERSON
Any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures thereon which are controlled
or owned by a governmental entity.
REAL PROPERTY BOUNDARY
An imaginary line along the ground surface and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intrabuilding real
property divisions.
[Amended 8-3-2000 by Ord. No. 2000-07]
The enforcement of this chapter shall be accomplished
by the Police Department of the City of Canandaigua.
[Amended 10-4-2007 by Ord. No. 2007-019; 10-1-2009 by Ord. No. 2009-011; 11-19-2009 by Ord. No. 2009-016]
The provisions of this chapter shall not apply
to:
A. The emission of sound for the purpose of alerting
persons to the existence of an emergency; or
B. The emission of sound in the performance of emergency
work; or
C. Public speaking and public assembly activities conducted
on any property or right-of-way, which is owned by a municipality.
D. Noise on City property when the City Council has authorized
and permitted a function pursuant to a special event permit, unless
otherwise prohibited by the special event permit.
E. Any function
carried out by the City of Canandaigua or its employees or agents.
Further, any road work carried out by state employees or their contractors.
F. Any person
that obtains a special exemption from City Council, as granted through
a resolution based on special or unusual circumstances (i.e, the work
can only be performed at night or due to the kind of equipment used).
The City Council, if it grants a special exemption, may apply restrictions,
such as the petitioner must notify area residents of the anticipated
noise or any other restrictions Council deems appropriate.
G. The act
of lawn care during the hours of 0700 - 2000 hours, provided that
the muffler device is in proper working order on the lawn care equipment.
[Amended 11-20-2003 by Ord. No. 2003-019]
A. Any violation of this chapter shall be deemed an offense
and upon conviction shall be punishable by a fine of:
(1) First offense: Not less than $50 and not more than
$100 and imprisonment in the jail of Ontario County until said fine
be paid, not exceeding one day for each dollar of fine imposed.
(2) Second offense within one year: Not less than $100
and not more than $250 and imprisonment in the jail of Ontario County
until said fine be paid, not exceeding one day for each dollar of
fine imposed.
(3) Third offense within one year and each subsequent
offense within one year: not less than $250 and not more than $500,
and imprisonment in the jail of Ontario County until said fine be
paid, not exceeding one day for each dollar of fine imposed.
B. Any person who willfully or knowingly violates any
provision of this chapter shall be fined for each offense a sum of
not less than $250 and not more than $500 and imprisonment in the
jail of Ontario County until said fine be paid, not exceeding one
day for each dollar of fine imposed.
C. Each day of violation of any provision of this chapter
shall constitute a separate offense.
No provision of this chapter shall be construed
to impair any common law or statutory cause of action, or legal remedy
therefrom, of any person for injury or damage arising from any violation
of this chapter or from other law.