City of Auburn, NY
Cayuga County
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[HISTORY: Adopted by the City Council of the City of Auburn 12-19-1996 by Ord. No. 44-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 104.
Public entertainment — See Ch. 157.
Nuisances — See Ch. 213.
Peddling and soliciting — See Ch. 221.
Public conduct — See Ch. 234.
Vendors — See Ch. 289.

§ 210-1 Title.

This chapter shall be known and may be cited as the "City of Auburn Noise Ordinance."

§ 210-2 Purpose.

The purpose of this chapter is to preserve the public health, peace, welfare and good order by suppressing the making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in their time, place and use and which are detrimental to the environment.

§ 210-3 Loud and unnecessary noise prohibited.

It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which endangers the health, safety or welfare of the community or which annoys, disturbs, injures or endangers the comfort, rest, health, peace or safety of others within the City of Auburn.

§ 210-4 Enumeration of unlawful acts.

The following acts, among others, are declared to be loud, unnecessary and disturbing and a danger to the health, safety and welfare of the community and its people in violation of § 210-3, but the enumeration shall not be deemed to be exclusive:
A. 
Using, operating or permitting to be played, used or operated any radio, television, hi-fi, stereo, phonograph, CD player or other machine or device for the producing or reproducing of sound in a manner as to disturb the peace, quiet and comfort of any persons in the vicinity. The operation of any of the devices set forth in this subsection in such a manner as to be plainly audible at a distance of 15 feet from the building, structure, device or vehicle in which it is located shall be prima facie evidence of a violation of this section. A person who causes the production of said sound through the operation of the machines or devices enumerated herein may be deemed a violator of this chapter.
[Amended 6-6-2002 by Ord. No. 10-2002]
B. 
Yelling, shouting, hooting, whistling or singing or the making of loud or disturbing noises by the use of clappers, bells, horns, musical instruments or similar devices at any time or place so as to unreasonably annoy or disturb the quiet, comfort or rest of any person in any residence, hospital, school, place of business, street or public place.
C. 
The keeping of any animal which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any person in the vicinity.
D. 
The use of any automobile, motorcycle, truck or vehicle operated in such a manner as to create loud and unnecessary grating, grinding, rattling or other noise.
E. 
The operation or use of any power lawn mower, chain saw, fence post driller or other similar devices between the hours of 10:00 p.m. and 7:00 a.m.
F. 
Any of the following activities when occurring in close proximity to residents between 10:00 p.m. and 7:00 a.m.: the warming up or idling of buses, trucks or tractors and the unnecessary or unreasonable or repeated idling, acceleration or deceleration or starting and stopping of automobiles or motorcycles.
G. 
The operation of construction equipment between the hours of 8:00 p.m. and 7:00 a.m. on any day or at any time on Sunday. Such equipment includes, but is not limited to, pile drivers, pneumatic hammers, derricks, dredges, tractors, earth-moving equipment and other similar construction equipment.
H. 
The use, by any vehicle, of engine driven braking system (such as "Jake Brakes®") within the Cty limits.
[Added 3-8-2007 by Ord. No. 4-2007]

§ 210-5 Presumptions.

A. 
Where the source of the prohibited noise is a portable noise-producing or noise-reproducing device, and where such device is present in or being transported through a public street, highway area or access area, or is present on any private property, the person or persons in possession of the device shall be presumed to have permitted the noise violation of this chapter in the absence of evidence to the contrary.
B. 
Where the source of the prohibited noise is located in a building or other structure, the owner, occupant, resident, manager or other person in possession of the premises shall, if present, be presumed to have permitted the noise in violation of this chapter in the absence of evidence to the contrary.

§ 210-6 Exceptions.

Nothing in this chapter shall be construed to prevent the following:
A. 
The production of music in connection with any military or civic parade, funeral procession or religious service or school activities or functions.
B. 
Use of any organ, bell, chimes or any other similar device by 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.
C. 
Sounds created by any governmental agency by the use of public warning devices, including but not limited to police and fire vehicles.
D. 
Sounds connected with sporting events of any public or private school, burglar alarms or other warning devices when properly installed on publicly or privately owned property, provided that the cause for such alarm or warning device producing the sound is investigated and turned off within a reasonable period of time.
E. 
Emergency construction work, upon permission of the City Manager, which is necessary for the protection of life or property.

§ 210-7 Penalties for offenses.

Any person, alone or in concert with others, who shall violate any provision of this chapter shall be guilty of a violation and, upon conviction thereof, shall be subject to a fine of not more than $250 or to imprisonment not exceeding 15 days, or both.

§ 210-8 Enforcement.

A. 
This chapter shall be enforced by the Police Department of the City of Auburn or any other law enforcement officer.
B. 
A police officer shall have the authority to issue an appearance ticket in conformance with Chapter 5 of this Code.