[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.]
A.
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.
B.
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:
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.
The practical unit of measurement for sound pressure level.
The number of "decibels" of a measured sound is equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated "dB."
[Added 5-24-2021 by L.L. No. 2-2021]
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.
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.
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 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:
[Amended 5-24-2021 by L.L. No. 2-2021]
The intensity of the noise;
Whether the nature of the noise is usual or
unusual;
Whether the origin of the noise is natural or
unnatural;
The intensity of the background noise;
The proximity of the noise to sleeping facilities;
The nature and the zoning district of the area
within which the noise emanates;
The time of the day or night the noise occurs;
The duration of the noise;
Whether the sound source is temporary;
Whether the noise is continuous or intermittent;
Whether alternate methods are available to achieve
the objectives of the sound producing activity.
The duration of the noise (any duration of noise restricted
herein lasting more than 15 minutes within a two-hour period, (either
sustained or intermittent) shall be deemed to violate this chapter).
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
Vocal disturbances. No person shall cause or permit
to be caused any unnecessary noise by shouting, yelling, whistling,
singing or other vocal exclamations.
I.
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]
J.
Decibel
maximum. The making or operation of any source of sound on a private
property or any public space or right-of-way in such a manner as to
create a sound level when measured at the adjoining property line
that exceeds the particular sound level limits set forth as follows:
[Added 5-24-2021 by L.L. No. 2-2021]
(1)
Between the hours of 8:00 a.m. and 9:00 p.m. on Monday through Saturday,
a sound level of 70 dB;
(2)
Between the hours of 9:00 a.m. and 9:00 p.m. on Sundays and federal
holidays, a sound level of 70 dB;
(3)
Between the hours of 9:00 p.m. the preceding night and 8:00 a.m.
on Monday through Saturday, a sound level of 50 dB; and
(4)
Between the hours of 9:00 p.m. the preceding night and 9:00 a.m.
on Sundays and federal holidays, a sound level of 50 dB.
The following sounds are exempted from the provisions
of this chapter:
A.
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.
B.
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.
C.
Sounds created by agricultural activities.
D.
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.
E.
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.
F.
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.
G.
Sounds connected with the lawful hunting of animals
or game during the appropriate hunting or gaming seasons.
H.
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.
I.
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.
J.
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.
