[HISTORY: Adopted by the Board of Trustees of the Village of Cazenovia 12-4-2000
by L.L. No. 2-2000. Amendments noted where applicable.]
It is hereby declared to be the policy of the Village of Cazenovia to
prevent excessive, unnecessary, unusually loud or unreasonable noise which
may jeopardize the well-being, public health, comfort, convenience, safety
and welfare of its citizens and the peace and quiet of its inhabitants. The
provisions and prohibitions hereinafter contained shall not be utilized or
construed in any manner so as to deny or limit any right or privilege granted
and recognized by the First Amendment of the Constitution of the United States.
Unless otherwise indicated by content, the following terms and phrases
shall have the following meanings:
A unit for measuring the volume of sound, equal to 20 times the logarithm
to the base 10 of the ratio of the sound pressure of 20 micronewtons per square
meter.
The sound pressure level measured in decibels with a sound level
meter set to a weight expressed in dB(A).
An instrument for the measurement of sound levels which conforms
to Type 1 or Type 2 standards under ANSI Specifications S1.4-1971 or the latest
approved revision thereof.
Any sound which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of a reasonable person of normal
sensitivities under the circumstances.
The standard or standards to be considered in determining whether a
noise is an unreasonable noise which constitutes a prohibited noise shall
include but not be limited to one or more of the following:
A.
The volume of the noise.
B.
The intensity of the noise.
C.
Whether the nature of the noise is usual or unusual.
D.
Whether the origin of the noise is natural or unnatural.
E.
The volume and intensity of the background noise, if
any.
F.
The proximity of the noise to residential sleeping facilities.
G.
The nature and the zoning district of the area within
which the noise emanates.
H.
The time of day or night the noise occurs.
I.
The time and duration of the noise.
J.
Whether the noise is temporary.
K.
Whether the noise is continuous.
L.
The presence of discrete tones.
The following acts, among others, are declared to be noises in violation
of this chapter, but said enumeration shall not be deemed to be exclusive:
A.
The sounding of any horn or signal device on any automobile,
motorcycle, bus or other motor vehicle, except as a warning signal pursuant
to the provisions of the Vehicle and Traffic Law of the State of New York.
B.
Playing, using, operating or permitting to be played,
used or operated any radio, television, phonograph, musical instrument or
instruments, loudspeaker, sound amplifier or other machine or device for the
production or reproduction of sound exceeding 70 dB(A), measured at the property
line of the offended party, between the hours of 7:00 a.m. and 10:00 p.m.,
Monday through Sunday, except on Friday and Saturday evening when the time
shall be 11:00 p.m. instead of 10:00 p.m. and on Saturday and Sunday morning
when the time shall be 8:00 a.m. instead of 7:00 a.m.
C.
Playing, using, operating or permitting to be played,
used or operated any radio, television, phonograph, musical instrument or
instruments, loudspeaker, sound amplifier or other machine or device for the
production or reproduction of sound exceeding 65 dB(A), measured at the property
line of the offended party, between the hours of 10:00 p.m. and 7:00 a.m.
Monday through Sunday, except on Friday and Saturday evening when the time
shall be 11:00 p.m. instead of 10:00 p.m. and on Saturday and Sunday morning
when the time shall be 8:00 a.m. instead of 7:00 a.m.
D.
The keeping or harboring of any animal, fowl or bird
which, by causing frequent or continued noise, shall disturb the comfort or
repose of any person residing in the vicinity.
E.
Noise from a burglar alarm or other alarm system of any
building, motor vehicle or boat which is continuous and exceeds 15 minutes.
F.
Construction work, including but not limited to building,
repairing, blasting, grading, leveling and excavating between the hours of
8:00 p.m. and 7:00 a.m. Monday through Friday and 8:00 p.m. and 8:00 a.m.
Saturday and Sunday, except in case of public safety and emergency.
G.
The operation of power equipment in residential zones
outdoors between the hours of 9:00 p.m. and 7:00 a.m. the following day, and
on weekends, between 9:00 p.m. and 8:00 a.m.
H.
The making of improper noises or disturbances or operating
an automobile or motorcycle in such manner as to cause excessive squealing
or other excessive noise of the tires.
I.
Offering for sale anything by shouting or outcrying upon
the public streets and sidewalks.
The measurement of any sound or noise shall be made with a sound level
meter using the A-scale decibel level. The measurement shall be conducted
at the property line of the offended party.
The provisions of this chapter shall not apply to the following acts:
A.
The emission of sound for the purpose of alerting persons
to the existence of an emergency.
B.
Noise from municipally sponsored celebrations or events.
C.
Noise from individually sponsored events where a permit
for public assembly or other relevant permission has been obtained from the
Village Clerk.
D.
The operation or use of any organ, radio, bell, chimes
or other instrument, apparatus or device by any church, synagogue or school
licensed or chartered by the State of New York, provided that such operation
or use does not occur between the hours of 10:00 p.m. and 8:00 a.m.
E.
Noise generated by the installation and maintenance of
utilities.
F.
Noise generated by the Department of Public Works.
G.
Sounds connected with organized sporting events of any
public or private school or permitted special events or sports programs.
H.
Noise generated by snow removal.
Any person who violates any provision of this chapter shall receive
a warning for the first offense, a written warning or ticket for a continuation
of the first offense or a second offense and upon a continuation after warning
or for a third offense the person shall be guilty of a violation and shall
be subject to a fine not to exceed $250 for a subsequent offense and in the
same amount for any subsequent offense. The Village of Cazenovia may also
seek injunctive relief to prevent the continued violation of this chapter.
The provisions of this chapter shall be enforced by the Police Department
of the Village of Cazenovia.
The provisions of this chapter shall in no case remove or render less
restrictive limitations on noise generated or other conditions imposed for
specific properties by actions of the Cazenovia Planning Board or by the actions
of the Cazenovia Zoning Board of Appeals or required under other applicable
laws or regulations.
