[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville 8-14-2000 by L.L. No. 1-2000, repealing former Ch. 114, Noise, which was adopted 4-24-1972 as Art. II of Ch. 12 of the Code of Ordinances (1972). Amendments noted where applicable.]
It is hereby declared to be the policy of the Village of Fayetteville to prevent unreasonably loud, disturbing and unnecessary noise (as defined herein) and to reduce noise level within the Village so as to preserve, protect and promote the public health, safety and welfare and to foster convenience, peace and quiet within the Village by the inhabitants thereof. The Village Board finds that problems concerning the disturbance of peace, quiet and tranquility by noise from various sources and activities are best resolved by thoughtful discussions and cooperative agreements between affected parties. However, to resolve remaining problems of noise which are disturbing to others, it is the policy of the Village of Fayetteville and the purpose of this chapter to establish standards, enforcement procedures, and penalties.
This chapter shall be liberally construed so as to effectuate the purposes described herein.
For the purposes of this chapter, the terms used herein are defined as follows:
- BURGLAR ALARM
- Any sound signal device designed and intended to produce an audible signal upon unauthorized entrance into or tampering with a building or motor vehicle.
- Any activity necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, highways, roads, utility lines or other property.
- Any mechanism which is intended to or which actually produces sound when operated or handled.
- A public calamity or an exposure of any person or property to imminent danger.
- Any individual or group of individuals, partnership, company, corporation, trust, association, firm, organization, syndicate, administration, bureau, department or other entity.
- REAL PROPERTY LINE
- Either the boundary, including its vertical extension, which separates the parcel of real property owned or controlled by one person from that owned or controlled by another person, including intrabuilding real property divisions.
- UNNECESSARY NOISE
- Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities, or which causes injury to animal life or damage to property or business. Standards to be considered in determining whether unnecessary noise exists in a given situation, include but are not limited to the following:
- A. The intensity of the noise;
- B. Whether the nature of the noise is usual or unusual;
- C. Whether the origin of the noise is natural or unnatural;
- D. The intensity of the background noise;
- E. The proximity of the noise to sleeping facilities;
- F. The nature and the zoning district of the area within which the noise emanates;
- G. The time of the day or night the noise occurs;
- H. The duration of the noise;
- I. Whether the sound source is temporary;
- J. Whether the noise is continuous or intermittent;
- K. Whether alternate methods are available to achieve the objectives of the sound producing activity.
No person shall make, continue, cause or consent to the making of any unnecessary noise. The following acts are declared to be prima facie evidence of a violation of this chapter and are prohibited, but said enumeration shall not be deemed to be exclusive.
Burglar alarms. No person shall operate or cause to be operated an audible burglar alarm unless such alarm automatically terminates its operation within 15 minutes after it has been activated and does not operate more than 15 minutes in any one-hour period.
Construction and operation of machinery. No person shall conduct or cause the conduct of construction and/or the operation of machinery, equipment and/or domestic power tools, including lawn mowers, sanders, grinders, and leaf blowers so as to cause unnecessary noise across a real property line between the hours of 9:00 p.m. the preceding night and 8:00 a.m. on Monday through Saturday, and between the hours of 9:00 p.m. the preceding night and 9:00 a.m. on Sundays and federal holidays.
Exhausts. No person shall cause the discharge into the open air of the exhaust of any device, including but not limited to any motor vehicle engine, except through a muffler which will effectively prevent the creation of unnecessary noise therefrom.
Horn or signal. No person shall sound or cause the sounding of any horn or signal on any car, motorcycle, bus or other vehicle, except as a warning signal pursuant to the provisions of the Vehicle and Traffic Law of the State of New York.
Loading and unloading vehicles. No person shall cause or permit the creation of unnecessary noise in connection with loading or unloading of any material, equipment or garbage cans or the handling of bales, boxes, crates or similar containers.
Motor vehicles. No person shall use or cause to be used any automobile, motorcycle, bus or other motor vehicle so out of repair, so loaded or in such manner as to create load and unnecessary grating, grinding, rattling or other unnecessary noise.
Sound reproduction devices. No person shall operate, play or permit the operation or playing of any radio, CD or tape player, television, public address system, loud speaker, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in such a manner as to create unnecessary noise at a distance of 75 feet from the noise source or across a real property line, whichever is less.
Vocal disturbances. No person shall cause or permit to be caused any unnecessary noise by shouting, yelling, whistling, singing or other vocal exclamations.
Animals. Any excessive or unusually loud sound or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities.
[Added 9-22-2008 by L.L. No. 5-2008]
The following sounds are exempted from the provisions of this chapter:
Sounds created by the use of any organ, bell, chimes or any other similar instrument or device of 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.
Sounds created by snow blowers, chain saws and other domestic tools and equipment when used to clear driveways, streets or walkways during and after snowfalls, rainstorms, ice storms, windstorms or other similar emergencies.
Sounds created by agricultural activities.
Sounds connected with athletic, recreational, or sporting events of any public organization or private school, provided that such sounds shall be reduced between the hours of 12:00 midnight and 7:00 a.m.
Sounds connected with organized activities sponsored by any school district or fire district or department within the Village, provided that such sounds shall be reduced between the hours of 12:00 midnight and 7:00 a.m.
Sounds connected with municipally sponsored celebrations or events including lawful fireworks displays, parades, carnivals and the like held in accordance with all pertinent provisions of the Village Code, provided that such sounds shall be reduced between the hours of 12:00 midnight and 7:00 a.m.
Sounds connected with the lawful hunting of animals or game during the appropriate hunting or gaming seasons.
Sounds created by emergency construction or repair work authorized or performed by the Village of Fayetteville, any incorporated Village within the Village of Fayetteville, the County of Onondaga, the State of New York or any recognized utility serving the area.
Sounds created by the exercise of commercial activities to the extent that such sounds are already controlled by the Village of Fayetteville through site plan approval, special permit or otherwise. Sounds created by municipal emergency alarms, police cars, fire engines, ambulances and other emergency vehicles when used in connection with an emergency, drill or test procedure.
Sounds connected with activities open to the public where consent has been obtained from the Village of Fayetteville Board of Trustees or such other authority or officer of the Village of Fayetteville as is designated by the Village of Fayetteville Board of Trustees.
[Amended 1-23-2012 by L.L. No. 4-2012]
See Ch. 113, Penalties for Offenses.