[HISTORY: Adopted by the Town Board of the
Town of Ontario 7-14-2003 by L.L. No. 2-2003. Amendments noted where
applicable.]
A.
Whereas excessive sound is a hazard to the public
health, welfare, safety and quality of life; and whereas a substantial
body of science and technology exists by which excessive sound may
be substantially abated; and whereas the people have a right to an
environment free from excessive sound; now therefore it is the policy
of the Town of Ontario to prevent excessive sound that may jeopardize
the health, welfare or safety of the citizens or degrade the quality
of life.
B.
This chapter shall apply to the control of sound originating
from any sources within the limits of the Town of Ontario.
A.
All terminology defined herein which relates to the
nature of sound and the mechanical detection and recordation of sound
is in conformance with the terminology of the American National Standards
Institute or its successor body.
B.
A-WEIGHTED SOUND PRESSURE LEVEL
AGRICULTURAL ACTIVITIES
BUSINESS AND BUSINESS TRANSITIONAL PROPERTY
CONSTRUCTION
DECIBEL (dB)
EMERGENCY WORK
(1)
(2)
(3)
INDUSTRIAL PROPERTY
NOISE
NOISE CONTROL ADMINISTRATOR
PERSON
PROPERTY LINE
RECREATIONAL MOTOR VEHICLES
RESIDENTIAL PROPERTY
SOUND LEVEL
SOUND LEVEL METER
SOUND PRESSURE LEVEL
UNREASONABLE NOISE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
As used in this chapter, the following terms shall
have the meanings indicated:
The sound pressure level measured in decibels with a sound
level meter set for A-weighting, abbreviated "dBA."
Enterprises or activities which are carried out or operated
on-site principally for financial gain for the production and sale
of agricultural, horticultural, forest or other products of the soil
or water, including but not limited to, fruits, vegetables, eggs,
dairy products, meat and meat products, poultry and poultry products,
fish and fish products, grain and grain products, honey, nuts, preserves,
maple sap products, apple cider, fruit juice, wine, ornamental or
vegetable plants, nursery products, flowers, firewood and Christmas
trees.
Any property currently or hereinafter located in, zoned or classified as business or business transitional district according to the Code of the Town of Ontario, Chapter 150, and the Zoning Map of the Town of Ontario.
Any site preparation, assembly, erection, repair, alteration
or similar action, including demolition of buildings or structures.
The practical unit of measurement for sound pressure level.
The number of decibels of a measured sound is equal to 20 times the
logarithm of 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."
Any work or action necessary to deliver essential
services, including but not limited to repairing water, gas, electricity,
telephone, television, internet, septic systems, sewer facilities,
public transportation, and removing fallen trees on public rights-of-way.
The work or activity that is necessary to prevent
or recover from an emergency, or disaster, or life-threatening condition,
or to secure property against imminent damage from weather or acts
of God.
The operation or parking of an authorized emergency
vehicle when such vehicle is engaged in transporting a sick or injured
person, responding to or working or assisting at the scene of an accident,
disaster, public call, alarm, or fire, or any other emergency.
Any property currently or hereinafter zoned or classified as an industrial district, business, or business transitional according to the Code of the Town of Ontario, Chapter 150, and the Zoning Map of the Town of Ontario.
Any airborne sounds of such level, frequency of occurrence
and duration as to be or tend to be injurious to human health or welfare
or that would unreasonably interfere with the enjoyment of life or
property.
The Town of Ontario Code Enforcement Officer, his or her
agent and/or designee, which shall include the police, their assistants,
deputies and/or officers.
[Amended 11-23-2015 by L.L. No. 5-2015]
Any natural person or individual; partnership, limited or
general; corporation, business, municipality, professional or not-for-profit
organization; estate and/or trust; government, state or federal, including
any of their agencies or subdivisions.
The imaginary line, including its vertical extension that
separates one parcel of property owned or controlled by one person
from that owned and controlled by another person, including intrabuilding
property divisions.
Motorcycles, minibikes, trail bikes, all-terrain vehicles,
snowmobiles, and other motorized two- three- and four-wheeled vehicles
and similar vehicles and devices designed for operation primarily
for off-highway use.
Any property currently or hereinafter located in, zoned or classified as rural, suburban-residential, urban-residential, and planned unit development according to the Code of the Town of Ontario, Chapter 150, and the Zoning Map of the Town of Ontario.
The sound pressure level measured in decibels with a sound
level meter set for A-weighting. Sound level is expressed in dBA.
An instrument for the measurement of sound levels.
The level of a sound measured in decibel units with a sound
level meter, which has a uniform response over the band of frequencies
measured.
Any excessive or unusually loud sound or any sound, whether
made verbally or mechanically, which creates inconvenience, annoyance,
alarm, disturbance or offense or recklessly creates a risk of the
foregoing. The determination of whether a particular noise is unreasonable
shall consider criteria including these:
The volume of the noise.
The frequency of the noise.
The duration of the noise.
Whether the nature of the noise is usual or
unusual in the context of ordinary human experience.
The volume and intensity of the ambient noise,
if any.
The proximity of the noise to property line.
The nature of the zoning district from within
which the noise emanates.
The time of the day or night the noise occurs.
Whether the noise is temporary.
A.
The provisions of this chapter shall be enforced by
the Noise Control Administrator operating in an official capacity.
Upon receiving a complaint, the Administrator or officer shall take
a report noting the date and time of the noise, the complaint, the
approximate proximity and relationship of the source and receiving
properties, the ambient noise, and the nature of the unreasonable
noise when heard on the receiving property at any point that the complainant
shall specify.
A.
The use of any sound-producing, sound-reproducing
or sound-amplifying device, machinery, domestic equipment, heavy equipment
or engine so as to cause the sound produced thereby to be audible
outside the property line of the property where it originates, between
the hours of 9:00 p.m. and 7:00 a.m. the following day shall be prima
facie evidence of a violation of this chapter.
B.
Barking, squawking, whining, neighing or any other
domestic animal sound which is audible at a point beyond the real
property boundary from which such sound emanates and which continues
for over 30 minutes between the hours of 9:00 p.m. and 7:00 a.m. shall
be prima facie evidence of a violation of this chapter.
A.
Exterior noise limits for residential, business, and
business transitional property. Unless otherwise specifically indicated
in this chapter, no person shall cause, suffer, allow or permit any
unreasonable noise to emanate from a property and cross over to another
property, except that during the hours between 7:00 a.m. and 9:00
p.m., unreasonable noise is permitted within any single continuous
thirty-minute time period per day.
B.
Exterior noise limits for industrial property. Unless
otherwise specifically indicated in this chapter, no person shall
cause, suffer, allow or permit any noise to emanate from industrial
property that exceeds 75 dBA, except that during the hours between
7:00 a.m. and 11:00 p.m., noise shall not exceed 85 dBA within any
single continuous thirty-minute time period per day when measured
at the property line.
C.
Maximum noise limit. It shall be prohibited for any
person to cause, suffer, allow or permit any sound or noise under
any circumstances that exceeds 110 dBA when measured at the property
line.
D.
Recreational motor vehicles. In the case of noise
emanating from a recreational motor vehicle, the noise limits set
forth above in this section may not be exceeded at any time.
The provisions of this chapter, except for the provisions of § 35-5C, shall not apply to:
A.
The emission of sound or noise for the purpose of
alerting persons to the existence of an emergency, including noise
from stationary emergency signaling devices owned and operated by
a public utility, or municipal corporation, fire department or ambulance
corps when used in connection with an emergency or for testing purposes;
and including noise from a burglar alarm of any building or motor
vehicle.
B.
The emission of sound in the performance of emergency
work.
C.
Public celebrations or events of municipal corporations.
D.
Normal agricultural activities, provided that all
powered agricultural and farm equipment is equipped with intake and
exhaust mufflers recommended by the manufacturers thereof.
E.
Snowblowers, snow throwers and snowplows when used
in their usual and customary manner, and provided that the equipment
is equipped with intake and exhaust mufflers recommended by the manufacturer
thereof.
F.
The emission of sound or noise from lawn and garden
power tools and/or lawn mowers when operated in their usual and customary
manner between the hours of 7:00 a.m. and 9:00 p.m., or 30 minutes
after sunset, whichever is later, provided that the equipment is equipped
with intake and exhaust mufflers recommended by the manufacturer thereof.
G.
The emission of sound or noise associated with construction,
repair, remodeling, demolition or paving of any real property between
the hours of 7:00 a.m. and 9:00 a.m., or 30 minutes after sunset,
whichever is later, provided that all powered equipment is equipped
with intake and exhaust mufflers recommended by the manufacturer thereof.
H.
The educational activities of public schools and private
schools operated under the Education Law of the State of New York
as they apply to elementary or secondary schools; provided, however,
that such activities are conducted on the property of such school
conducting the activity.
A.
Any person who owns or operates any noise source may
apply to the Town Board, on forms provided by the Town of Ontario,
for a permit from one or more of the provisions of this chapter. Applications
for a permit shall provide information, including but not limited
to:
(1)
The nature and location of the facility or process
for which such application is made.
(2)
The reason for which the permit is requested.
(3)
The nature and intensity of noise, expressed in decibels,
that will occur during the period of the permit.
(4)
A description of interim noise control measures to
be taken by the applicant to minimize noise and the impacts occurring
therefrom.
(5)
A specific schedule of the noise control measures
which shall be taken to bring the source into compliance.
B.
Failure to supply the information required or requested
by the Noise Control Administrator shall be cause for rejection of
the application.
C.
The fee for such application for permit shall be such
fee as established by resolution of the Ontario Town Board.
D.
The maximum duration of a permit shall be 15 days.
Any person holding or having held a permit may request an extension
or may request a new permit. However, no person shall be entitled
to permits totaling more than 30 days during any calendar year.
E.
The permit will be deemed revoked if any of the terms
or conditions of the permit is violated.
A.
Any violation of this chapter is an offense punishable
by a fine not exceeding $350 or imprisonment for a period not to exceed
15 days, or both, upon conviction. Each day (twenty-four-hour period)
of violation shall constitute a separate violation of this chapter.
B.
In addition to the penalties provided above, the Town
Board may also maintain an action or proceeding to prevent, correct
or restrain any violation of this chapter.
This chapter shall take effect on filing with
the Secretary of State.
If any provision of this chapter is held to
be unconstitutional, preempted by state or federal law, or otherwise
invalidated by any court of competent jurisdiction, the remaining
provisions of the chapter shall not be invalidated.