[HISTORY: Adopted by the Town Board of the Town of Oneonta 4-12-1989 as part of L.L. No. 1-1989.[1] Amendments noted where applicable.]
The Town Board of the Town of Oneonta hereby finds and declares
that the residents of the town are entitled to peaceful, quiet and
comfortable neighborhoods, undisturbed by annoying or obnoxious noise
emanating from any source. This chapter is intended to guarantee the
right of town residents to a calm and quiet neighborhood atmosphere.
The Town Board does hereby express its disapproval of raucous and
disturbing noise.
As used in this chapter, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
The total sound level of all noise as measured with a sound
level meter using the A-weighting network. The unit is the db(A).
The all-encompassing noise associated with a given environment,
ususally being a composite of sounds with many sources near and far.
The sound pressure level for the sound contained within the
restricted band.
Includes the use, operation or maintenance of any sound-amplifying
equipment for the purpose of advertising any business or any goods
or any services or for the purpose of attracting the attention of
the public to or advertising for or soliciting patronage or customers
to or for any performance, show, entertainment, exhibition or event
or for the purpose of demonstrating any such sound equipment.
The complete sequence of values of a periodic quantity which
occurs during a period.
A unit of level which denotes the ratio between two quantities
which are proportional to power; the number of "decibels" corresponding
to the ratio of two amounts of power is 10 times the logarithm to
the base 10 of this ratio.
Work made necessary to restore property to a safe condition
following a public calamity or work required to protect persons or
property from an imminent exposure to danger.
The reciprocal of the primitive period. The unit is the cycle
per unit time and shall be specified.
A unit of pressure commonly used in acoustics and equal to
one dyne per square centimeter.
Includes but is not limited to minibikes and go-carts.
The use, operation or maintenance of any sound equipment
for other than a commercial purpose. "Noncommercial purpose" shall
mean and include but shall not be limited to philanthropic, political,
patriotic and charitable purposes.
Oscillating quantity, the values of which recur for equal
increments of time.
The smallest increment of time for which the function repeats
itself.
Any machine or device for the amplification of the human
voice, music or any other sound. "Sound-amplifying equipment" shall
not include standard automobile radios when used and heard only by
the occupants of the vehicle in which the automobile radio is installed.
"Sound-amplifying equipment," as used in this chapter, shall not include
warning devices on authorized emergency vehicles or horns or other
warning devices on any vehicle used only for traffic safety purposes.
A device for measuring the band pressure level or pressure
spectrum level of a sound as a function of frequency.
An instrument, including a microphone, an amplifier, an output
meter and frequency weighting networks, for the measurement of noise
and sound levels in a specified manner.
Twenty times the logarithm to the base 10 of the ratio of
the pressure of this sound to the reference pressure, which reference
pressure shall be explicitly stated.
Any motor vehicle or any other vehicle, regardless of motive
power, whether in motion or stationary, having mounted thereon or
attached thereto any sound-amplifying equipment.
A description of its resolution into components, each of
a different frequency.
Any decibel measurement made pursuant to the provisions of this
chapter shall be based on a reference sound pressure of 0.0002 microbar
as measured in any octave band with center frequency in cycles per
second, as follows: 63, 125, 250, 500, 1,000, 2,000, 4,000 and 8,000
or as measured with a sound level meter using the A-weighting.
It shall be unlawful for any person to create any noise on any
street, sidewalk or public place adjacent to any school, institution
of learning or church while the same is in use or adjacent to any
hospital, which noise unreasonably interferes with the workings of
such institution or which disturbs or unduly annoys patients in the
hospital, provided that conspicuous signs are displayed in such streets,
sidewalks or public places indicating the presence of a school, church
or hospital.
A.
Radios, television sets, phonographs, boom boxes and similar devices.
(1)
Use restricted. It shall be unlawful for any person within any residential
area of the town to use or operate or to permit any other person or
persons to use or operate any radio receiving set, musical instrument,
phonograph, television set or other machine or device to produce or
reproduce sound in such manner as to disturb the peace, quiet and
comfort of neighboring residents or of any reasonable person of normal
sensitivity, whether residing in the area or not.
(a)
For the purposes of this subsection, a Constable of the Town
of Oneonta, an officer of the Otsego County Sheriff or a member of
the New York State Police shall be considered a reasonable person
of normal sensitivity, whether residing in the area or not.
(b)
For the purposes of this subsection, it shall be presumed that
the owner, tenant, person or persons in possession or control and
the occupants of the particular premises are, jointly or severally,
permitting such sound.
(c)
Town of Oneonta employees shall observe the requirements of
this subsection if their official duties cause them to be in a residential
area of the Town.
(2)
Prima facie violation. Any noise exceeding the ambient noise level
at the property line of any property (or, if a condominium or apartment
house, within any adjoining apartment) by more than five decibels
shall be deemed to be prima facie evidence of a violation of the provisions
of this subsection.
B.
Hawkers and peddlers. It shall be unlawful for any person within
the Town to sell anything by outcry within any area of the Town zoned
for residential uses. The provisions of this subsection shall not
be construed to prohibit the selling by outcry of merchandise, food
and beverages at licensed sporting events, parades, fairs, circuses
and other similar licensed public entertainment events.
C.
Drums: use restricted. It shall be unlawful for any person to use
any drum or other instrument or device of any kind for the purpose
of attracting attention by the creation of noise within the Town.
This subsection shall not apply to any person who is a participant
in a school band or duly licensed parade or who has been otherwise
duly authorized to engage in such conduct.
D.
Animals and fowl. No person shall keep or maintain, or permit the
keeping of, upon any premises owned, occupied or controlled by such
person any animal or fowl otherwise permitted to be kept which, by
any sound, cry or behavior, shall cause annoyance or discomfort to
a reasonable person of normal sensitivity in any residential neighborhood.
E.
Machinery, equipment, fans and air conditioning.
(1)
It shall be unlawful for any person to operate any machinery, equipment,
pump, fan, air-conditioning apparatus or similar mechanical device
in any manner so as to create any noise which would cause the noise
level at the property line of any property to exceed the ambient noise
level by more than five decibels based on a reference sound pressure
of 0.0002 microbars as measured in any octave band center frequency,
in cycles per second, as follows: 63, 125, 250, 500, 1,000, 2,000,
4,000 and 8,000 and for the combined frequency bands, A band.
(2)
Nothing in this section shall be construed to prohibit a residential
homeowner from operating what is commonly understood to be lawn and
garden equipment, including but not limited to lawnmowers, weed trimmers
and rototillers or power equipment for the purpose of repairing, maintaining
or improving one's residence or accessory buildings.
[Added 7-8-1992]
F.
Construction of buildings and projects.
(1)
It shall be unlawful for any person within a residential district,
or within a radius of 500 feet therefrom, to operate equipment or
perform any outside construction or repair work on buildings, structures
or projects or to operate any pike driver, steam shovel, pneumatic
hammer, derrick, steam or electric hoist or other construction-type
device, except to perform emergency work between the hours of 10:00
p.m. of one day and 7:00 a.m. of the next day, in such a manner that
a reasonable person of normal sensitivity residing in the area is
caused discomfort or annoyance. No such work may occur on Sundays,
except by an owner performing work on his or her own residence.
[Amended 1-9-2008 by L.L. No. 1-2008]
(2)
Nothing in this section shall be construed to prohibit residential
homeowners from performing home or property repairs, maintenance or
improvements.
[Added 7-8-1992]
G.
Vehicle repairs. It shall be unlawful for any person within any residential
area of the Town to repair, rebuild or test any motor vehicle between
the hours of 10:00 p.m. of one day and 7:00 a.m. of the next day in
such a manner that a reasonable person of normal sensitivity residing
in that area is caused discomfort or annoyance.
I.
Additional regulation. It shall be unlawful for any person to willfully
make or continue or cause to be made or continued any loud, unnecessary
or unusual noise or to permit any other so to do, which disturbs the
peace or quiet of any neighborhood or which causes discomfort or annoyance
to any reasonable person of normal sensitivity residing in the area.
(1)
For the purposes of this subsection, a Constable of the Town of Oneonta,
an officer of the Otsego County Sheriff or a member of the New York
State Police shall be considered a reasonable person of normal sensitivity,
whether residing in the area or not.
(2)
For the purposes of this subsection, it shall be presumed that the
owner, tenant, person or persons in possession or control and the
occupants of the particular premises are, jointly or severally, permitting
such noise.
[Amended 7-8-1992]
A.
General provisions.
(1)
The operation of sound-amplifying equipment shall only occur between
the hours of 8:00 a.m. and 10:00 p.m. each day except on Sundays and
legal holidays. No operation of sound-amplifying equipment for commercial
purposes shall be permitted on Sundays or legal holidays. The operation
of sound-amplifying equipment for noncommercial purposes on Sundays
and legal holidays shall only occur between the hours of 10:00 a.m.
and 10:00 p.m.
(2)
No sound emanating from sound-amplifying equipment shall exceed 15
dbA above the ambient as measured at any property line.
(3)
It shall be unlawful to operate any sound-amplifying equipment within
200 feet of churches, schools, hospitals or Town or county buildings.
(4)
In any event, the volume of sound shall be so controlled that it
will not be unreasonably loud, raucous, jarring or disturbing or a
nuisance to reasonable persons of normal sensitivity within the area
of audibility.
B.
For purposes of this section, a Constable of the Town of Oneonta,
an officer of the Otsego County Sheriff or an officer of the New York
State Police shall be considered a person of normal sensitivity, whether
residing in the area or not.
[Amended 7-8-1992]
For the first violation of any of the above sections, a fine
of $25 shall be imposed upon conviction. For a second violation, a
fine of $50 shall be imposed upon conviction. For a third conviction,
a fine of $100 shall be imposed. For the fourth and all subsequent
convictions, a fine of not less than $125 and not more than $250 shall
be imposed. In addition, anyone convicted of more than four violations
may, in addition to any fine, be required to perform community service
as determined by the Town Justice of the Town of Oneonta.
