City of Cortland, NY
Cortland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Cortland as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 74.
Zoning performance standards — See Ch. 300.
[Adopted 10-2-1973 by Ord. No. 1973-7]

§ 193-1 Declaration of policy.

It is hereby declared and found that:
A. 
The making and creation of excessive, unnecessary or unusually loud noises within the limits of the City of Cortland is a condition which has existed for some time and the extent and volume of such noises is increasing;
B. 
The making, creation or maintenance of such excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the City of Cortland; and
C. 
The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the City of Cortland and its inhabitants.

§ 193-2 General prohibition.

It shall be unlawful for any person to make, continue, or cause to be made or continued any excessive, unnecessary or unusually loud noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others, within the limits of the City.

§ 193-3 Prohibited noises.

The following acts are hereby declared to be loud, disturbing and unnecessary noises in violation of this article:
A. 
Radios, phonographs, etc. The using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, amplifier or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such set, instrument, phonograph, machine or device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be plainly audible at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section.
B. 
Construction or repairing of buildings. The erection (including excavation), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of urgent necessity in the interest of public health and safety, and then only with a permit from the building inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m., and if he shall further determine that loss or inconvenience would result to any party in interest, he may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m., upon application being made at the time the permit for the work is awarded or during the progress of the work.

§ 193-4 Penalties for offenses.

[Amended 3-4-2003 by Res. No. 42-2003; 5-4-2010 by L.L. No. 3-2010; 10-1-2013 by L.L. No. 4-2014]
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an offense, punishable by a fine of not less than $50 nor more than $100 for the first violation; by a fine of not less than $100 nor more than $175 for a second violation occurring within a twenty-four-month period from the date of the first violation; by a fine of $250 for a third or subsequent violation occurring within a twenty-four-month period from the date of the first violation or by imprisonment for a definite term not to exceed 15 days, or by both such fine and imprisonment, and each day on which such violation continues shall constitute a separate violation.
[Adopted 8-5-1969 as Ch. 12, Art. VI, of the 1969 Code of Ordinances]

§ 193-5 Scope of permit requirements.

[Amended 4-6-1971 by Ord. No. 1971-12]
It shall be unlawful to maintain or operate any loudspeaker or amplifier connected with any radio, phonograph, microphone, or other device by which sounds are magnified and caused to be heard over any public street or public place without first having been granted a permit therefor from the Common Council.

§ 193-6 Application for permit.

[Amended 4-6-1971 by Ord. No. 1971-12]
Any person desiring a permit for the use or operation of any device by which sounds are amplified, as provided in this article, shall file an application therefor with the City Clerk, setting forth the name and address of the applicant, the name and owner of such device, the date upon which it is intended to be used, the purpose for which it is intended to be used, and such other information as may be required by the City Clerk.

§ 193-7 Fees for permits.

[Amended 4-6-1971 by Ord. No. 1971-12]
The fee for permits to be granted under this article, which fee is to be paid to the City Clerk at the time the permit is issued by the City Clerk to the person to whom it has been granted by the Common Council, shall be as follows:
A. 
Fixed location. For the use or operation of any radio, phonograph, microphone or other device by which sounds are magnified and caused to be heard over any public street or public place from any one fixed location and not in, or mounted upon a motor vehicle, the sum of $250 for any day or part of a day for which the applicant desires permission hereunder.
(1) 
Commercial/business. For the use by which sounds are magnified and caused to be heard over any public street or public place, the sum of $100 for the season January 1 through December 31 or $25 for a single event.
[Added 5-5-2015 by L.L. No. 6-2015]
(a) 
No person granted a permit hereunder shall use or operate or employ any device by which sounds are magnified in public street or public place except between the hours of 10:00 a.m. and 10:00 p.m.
(b) 
The City shall be notified on or before the Wednesday prior to a Council Meeting stating the place, date, time and person in charge of the event.
B. 
Mounting upon motor vehicle. For the use or operation of any radio, phonograph, microphone or other device by which sounds are magnified and caused to be heard over any public street or public place to be used in, or mounted upon, a motor vehicle, the sum of $500 for any day or part of a day for which the applicant desires permission hereunder.

§ 193-8 Exemption from payment of fee.

[Amended 4-6-1971 by Ord. No. 1971-12]
Any service club, religious organization, charitable organization or educational institution shall be exempt from the payment of a fee for any permit granted hereunder provided the purpose for which such permit is intended to be used will promote the general health, safety and welfare of the community and said club, organization or institution complies with all other regulations and restrictions of this article.

§ 193-9 Restrictions upon operations under permit.

No person granted a permit hereunder shall use or operate or employ any device by which sounds are magnified or caused to be heard over any public street or public place except between the hours of 10:00 a.m. and 6:00 p.m. No such person shall use, operate or employ any such device on Sundays or within a radius of two blocks from any hospital or nursing home or within a radius of two blocks from any church while funeral services are being held there. No such person shall cause or permit to be emanated or emitted from any such device any lewd, obscene, profane or indecent language or sounds or any false representation of any matter, produce or project advertised thereby, the sale of which is prohibited by any law, ordinance or statute.

§ 193-10 Revocation of permit; forfeit of fee.

Any permit issued under the provisions of this article may be revoked for any violation of the provisions of this article; in such event the application fee shall be deemed forfeited.

§ 193-11 Penalties for offenses.

[Amended 5-4-2010 by Res. No. 101-2010; 5-4-2010 by L.L. No. 3-2010]
Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an offense, punishable by a fine of not less than $50 nor more than $100 for the first violation; by a fine of not less than $100 nor more than $175 for a second violation occurring within a twenty-four-month period from the date of the first violation; by a fine of $250 for a third or subsequent violation occurring within a twenty-four-month period from the date of the first violation or by imprisonment for a definite term not to exceed 15 days, or by both such fine and imprisonment, said penalties being in addition to revocation of license, and each day on which such violation continues shall constitute a separate violation.