[HISTORY: Adopted by the Common Council of
the City of Oneonta 7-3-2001 by Ord. No. 8-2001.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 68.
Building construction — See Ch. 86.
Circuses, exhibitions, shows and carnivals — See Ch. 100.
Parades, assemblages and motorcades — See Ch. 188.
Peddling and soliciting — See Ch. 204.
Public conduct — See Ch. 220.
[1]
Editor's Note: This ordinance superseded the
provisions of former Ch. 178, Noise, derived from Art. I and VIII
of Ch. 65 of the 1975 Compilation.
The Common Council determines that the creation
of excessive and unreasonable noise within the City limits of Oneonta
is a detriment to the comfort, convenience, safety, health and welfare
of the citizens of the City and that the persons within the City are
entitled to have maintained noise levels which are not a detriment
to life, health, welfare and enjoyment of property. Therefore, it
intends hereby to prohibit all excessive and unreasonable noise from
all sources subject to its police power in order to preserve, protect
and promote health, safety and welfare and the peace, quiet, comfort
and repose of persons within the City.
As used in this chapter, unless the context
or subject matter otherwise requires:
The all-encompassing noise associated with a given environment,
usually being a composite of sounds with sources near and far.
A standard unit for measuring the volume of sound.
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.
For purposes of this chapter, a reasonable person of normal
sensitiveness shall include citizens, whether residing in the area
or not, and police officers of the City of Oneonta.
Any machine or device for the amplification of the human
voice, music or any other sound. "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.
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.
It shall be unlawful for any person to willfully
make or continue, or cause to be made or continued, any loud, unnecessary,
unreasonable or unusual noise, or to permit any other so to do, which
disturbs the peace or quiet within the geographical boundaries of
the City of Oneonta, or which causes discomfort or annoyance to any
reasonable person of normal sensitiveness. For the purposes of this
chapter, 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. Prohibited noises
may arise from the following activities, but the following list shall
not be deemed to be exclusive:
A.Â
The use or operation, or allowing any other person
or persons to use or operate, any radio receiving set, musical instrument
or instruments, phonograph, television set, amplifier, loudspeaker,
or other machine or device for the producing or reproducing of sound
in such manner as to disturb the peace, quiet and comfort of neighboring
residents or of any reasonable person of normal sensitiveness, whether
residing in the area or not. This provision shall not be construed
to prohibit public performances being conducted in accordance with
the provisions of a special permit granted by the City.
B.Â
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.
C.Â
The hawking, peddling or sale by outcry within any
area of the City. The provisions of this section 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.
D.Â
The maintenance or harboring, or allowing 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 sensitiveness.
E.Â
The operation of any machinery, equipment, pump, fan,
air-conditioning apparatus or similar mechanical device in any manner
so as to create any noise which would cause annoyance or discomfort
to a reasonable person of normal sensitiveness.
F.Â
The performance or engagement in construction or repair
work after 9:00 p.m. or before 7:00 a.m., excepting emergency work
and including but not limited to building, excavation, site preparation,
hoisting, grading, demolishing, dredging or pneumatic hammering, where
the standards for determination so dictate or in such a manner that
a reasonable person of normal sensitiveness in the area is caused
discomfort or annoyance.
G.Â
The repair, rebuilding or testing of any motor vehicle,
excepting emergency repairs, where the standards for determination
so dictate or in such a manner that a reasonable person of normal
sensitiveness in the area is caused discomfort or annoyance.
H.Â
The operation or sounding, or causing to be operated
or sounded, a train horn or train whistle, or any horn or security
alarm or other auditory signaling device where the standards for determination
so dictate or in such a manner that a reasonable person of normal
sensitiveness in the area is caused discomfort or annoyance, except
as required by law or to provide a warning signal during use thereof.
This provision shall not be construed to prohibit the use and operation
of a signal device in an emergency vehicle.
I.Â
The operation of a vehicle without an adequate muffler
or exhaust system to prevent any unreasonable noise in violation of
the Vehicle and Traffic Law § 375, Subdivision 31.
J.Â
The use and operation of any sound-reproduction device
in a vehicle which would constitute a threat to the safety of pedestrians
or vehicle operators or where conditions of overcrowding or street
repair or other physical conditions are such that the use of a sound-reproduction
device would deprive the public the right to the safe, comfortable,
convenient and peaceful enjoyment of a public street, park or place
for public purpose and would constitute a threat to the safety and
welfare of the public.
K.Â
The operation of a bar, nightclub or tavern while
any doors or windows to such establishment are open enough to allow
emanating noise to reasonably disturb neighboring residences.
[Added 4-6-2004 by Ord. No. 1-2004]
L.Â
The emptying of any refuse container or dumpster into a garbage collection
vehicle before 5:00 a.m. or after 9:00 p.m.
[Added 6-7-2016 by Ord.
No. 4-2016]
The standard or standards to be considered in
determining whether a noise is unreasonable noise which constitutes
a prohibited noise shall include, but not be limited to, one or more
of the following:
A.Â
The volume of the noise.
B.Â
The intensity of the noise and/or its purpose.
C.Â
Whether the nature of the noise is usual or unusual.
D.Â
Whether the origin of the noise is natural or unnatural.
E.Â
The volume and intensity of the background noise,
if any.
F.Â
The proximity of the noise to residential sleeping
facilities.
G.Â
The nature and the zoning district of the area within
which the noise emanates.
H.Â
The date, time of day or night the noise occurs.
I.Â
The duration of the noise.
J.Â
Whether the noise is temporary.
K.Â
Whether the noise is continuous or impulsive.
L.Â
The presence of discrete tones.
A.Â
Nothing in this chapter shall be construed to prevent
the production of music in connection with any military or civic parade,
funeral procession or religious service or the use of any bell or
chimes or other instrument, apparatus or device by any church or synagogue,
or school licensed or chartered by the State of New York, provided
that such production or use does not occur between the hours of 10:00
p.m. and 7:00 a.m. of the following day.
B.Â
Sounds created by any governmental agency or railroad
agency by the use of public warning devices are exempted from the
limitations of this chapter.
C.Â
Sounds created by public utilities in carrying out
the normal operations of their franchises are exempted from limitations
of this chapter.
D.Â
Sounds created in the normal exercise of any legitimate trade, industry,
business or employment, provided that it is not conducted in such
a manner as to create any unreasonable or unnecessary noise of any
unreasonable extent or duration, unless such sounds are specifically
addressed in this chapter.
[Amended 6-7-2016 by L.L.
No. 1-2016]
[1]
Editor's Note: Former § 178-6, Loudspeaker permits,
was repealed 10-3-2017 by Ord. No. 9-2017.
Any person violating any provision of this chapter shall be punished as provided in § 1-18 of this Code.
