[HISTORY: Adopted by the Town Board of the Town of Tonawanda 4-2-1984
by L.L. No. 6-1984. Amendments noted where applicable.]
GENERAL REFERENCES
Habitual howling, barking or whining by dogs — See Ch. 71.
This chapter shall be known as the "Noise Local Law of the Town of Tonawanda,
New York."
The Town Board of the Town of Tonawanda has found that excessive noise
is a serious hazard to the public health and welfare and the quality of life.
Subject to the provisions of this section, the creation of any unreasonable,
loud, disturbing or excessive or unusually loud noise in the Town of Tonawanda,
New York, exclusive of the corporate limits of the Village of Kenmore, is
hereby prohibited. Noise of such character and intensity and duration as to
be detrimental to the life or health of the general public is prohibited.
Noise which unreasonably interferes with the sleep, comfort and repose of
the general public is prohibited.
As used in this chapter, the following terms shall have the meanings
indicated. All other terms shall have the meanings normally ascribed to them
in regular usage.
The sound-pressure level of the all-encompassing noise associated
with a given environment, being usually a composite of sounds from many sources
and/or the A-weighted sound-pressure level exceeded 90% of the time L90
based on a minimum period of 10 minutes.
The sound pressure level in decibels as measured on a sound level
meter using the A-weighting network by a trained operator. The level so read
is designated dB(a) or dBA.
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.
Any sound which annoys, disturbs or perturbs the general public or
any sound which injures or endangers its comfort, repose, health, hearing,
peace or safety.
An instrument for the measurement of sound levels conforming to American
National Standards Institute Type I or II Standards.
Any device, fixed or movable, which is located or used on geographically
defined real property other than a public right-of-way.
It shall be unlawful for any person or persons to make, continue or
cause to be made or continued any excessive or unusually loud noise or to
create a noise disturbance within the corporate limits of the Town of Tonawanda,
New York.
The following acts are declared to be loud, disturbing or excessive
noise in violation of this chapter:
A.
Keeping in any building or upon any premises any animal
or bird which, by frequent or long continued noise [continuous for 10 minutes
or intermittent for 30 minutes], shall disturb the comfort and repose of the
general public.
B.
The use of any automobile, motorcycle or motor vehicle
so out of repair, so loaded or in any manner so as to create excessive or
unusual grating, grinding, rattling or other noise.
C.
The sounding of any horn or signaling device on any automobile,
motorcycle or motor vehicle on any street or public place in the Town of Tonawanda,
New York, except as a danger warning as provided in § 375, Subdivision
1, of the Vehicle and Traffic Law of the State of New York; the creation by
means of any signaling device of excessive or unusual sound and the sounding
of any such device for an unnecessary and unreasonable period of time; the
use of any horn, whistle, or other device operated by engine exhaust, which
results in any excessive or unusual sound.
D.
The making of any noise for advertising purposes in any
street or public place, or by means of aircraft. The advertisement or calling
attention to any advertisement, article, business, calling or profession upon
any street, sidewalk or entrance to a place of business by means of any horn,
megaphone, siren, bell, radio or any other sound-producing or sound-amplifying
mechanism, instrument or device.
E.
The operation in or upon any automobile, truck or other
conveyance upon any public street of any horn, megaphone, siren, bell, radio
or any other sound-producing or sound-amplifying mechanism, instrument or
device. This subsection shall not apply to the use of a horn, bell or signaling
device when the same is necessary or required for the protection of persons
or property or to any fire or police vehicle or apparatus or licensed ambulance
when responding to any call, or to radio sets installed in motor vehicles,
nor shall this subsection apply to a duly authorized public parade (parade
of public interest, as contrasted with private parades conducted for commercial
purposes).
F.
The operation of any store, stand, office building, cemetery
or other place of any horn, megaphone, siren, bell, radio or other sound-producing
or sound-amplifying mechanism, instrument or device when the sound thereof
is sufficiently audible upon any public street or sidewalk to attract and
congregate a crowd thereon or of such character and intensity and duration
as to be detrimental to the life or health or unreasonably interfere with
the sleep, comfort and repose of the general public in a residential or business
district. (This subsection does not apply to industrial manufacturing plants
in the regular conduct of their business on their own properties.)
G.
The operation, playing or permitting the operation or
playing of any radio, television, phonograph or similar device which reproduces
or amplifies sound in such a manner as to create a sound level across a real
property line, or through partitions common to two or more persons within
a building, which exceeds the limits set forth in Table I.[1] (This subsection does not apply to industrial manufacturing plants
in the regular conduct of their business on their own properties.)
H.
The discharge into the open air of the exhaust from any
stationary steam engine, stationary internal-combustion engine or motorboat
engine, except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
I.
Places of public entertainment. Operating or permitting
to be operated any loudspeaker or other source of sound in any place of public
entertainment which produces maximum levels of 90 dB(A)'s or greater
at any point that is normally occupied by a human being, as read with the
slow response on a sound-level meter, without a conspicuous and legible sign
with lettering no less than one inch high located outside such place, near
the entrance, stating: WARNING: SOUND ENVIRONMENT WITHIN MAY CAUSE TEMPORARY
HEARING IMPAIRMENT WHICH MAY BECOME PERMANENT WITH CONTINUED EXPOSURE. The
sound level across a real property line shall not exceed the limits set forth
in Table I.[2]
J.
Alarms. The sounding or permitting of the sounding of
any exterior burglar alarm on any building or motor vehicle, unless such burglar
alarm shall terminate its operation within 15 minutes of its being activated.
K.
Stationary emergency signaling devices. Testing of only
the electromechanical functioning of a stationary emergency signaling device
shall occur at the same time each day when a test is performed, but not before
9:00 a.m. or after 8:00 p.m. Any such testing shall not exceed one minute.
L.
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 of 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. Said
noise disturbance is deemed to be in violation of this section if it can be
heard from a distance of greater than 50 feet.
[Added 3-10-2003 by L.L. No. 1-2003]
A.
It shall be unlawful for any person to operate or permit
to be operated any stationary noise source in such a manner as to create a
sound pressure level in dB(A)'s which exceeds the limits set forth for
the receiving land use category in Table I when measured at the property boundary.
|
TABLE I: MAXIMUM PERMISSIBLE SOUND LEVELS BY RECEIVING
LAND USE CATEGORY
| |||||
|---|---|---|---|---|---|
|
Sound Source Land Use Category
|
Receiving Land Use Category
| ||||
|
Time Period
|
Residential
|
Commercial
|
Industrial
| ||
|
Residential
(First, Second and M-F)
|
7:00 a.m. to 11:00 p.m.
|
55
|
65
|
75
| |
|
11:00 p.m.to 7:00 a.m.
|
50
|
65
|
75
| ||
|
Commercial and Industrial
|
7:00 a.m. to 11:00 p.m.
|
65
|
65
|
75
| |
|
11:00 p.m. to 7:00 a.m.
|
50
|
65
|
75
| ||
No person shall operate a motor vehicle on a public right-of-way at
any time in such manner that the sound-pressure level emitted by said vehicle
exceeds the levels set forth in the New York State Vehicle and Traffic Law.
A.
A sound-level meter conforming to ANSI (American National
Standards Institute) Type II Standards shall be used and shall be calibrated
prior to use. The calibrator shall be calibrated at least annually. Qualified
personnel (Noise Control Officers) approved by the Town Board shall operate,
witness and read the sound-level meter(s) and related equipment. The wind
velocity gauge shall conform to accepted standards and shall be checked periodically
for accuracy.
B.
Court appearance tickets shall be issued by a Noise Control
Officer who shall be trained in community noise measurement by a certified
instructor and confirmed by the Town Board.
Any person violating any of the provisions of this chapter shall be
guilty of an offense and subject to a fine of not more than $250 or imprisonment
for a period not to exceed 15 days for each such violation, or both. Unless
otherwise provided, each day a violation occurs shall be deemed a separate
violation for purposes of this chapter.
A.
Chapter 133, Noise, of the Code of the Town of Tonawanda, New York, effective April 29, 1940, as amended,[1] is hereby repealed and replaced by this chapter.
[1]
Editor's Note: Said legislation, which was adopted 4-15-1940
and amended 4-18-1966, was codified 7-15-1974 as Chapter 26 of the 1974 Code
of the Town of Tonawanda and also constituted former Chapter 133 of this Code.
B.
This repeal shall not affect or impair any act done or
offense committed or liability, penalty, forfeiture or punishment incurred
prior to the time such repeal takes effect, but the same may be enforced or
prosecuted as fully and to the same extent as if such repeal had not been
effected. All actions and proceedings commenced under or by virtue of the
ordinance, chapter, repealed hereby and pending immediately prior to the date
on which such repeal takes place may be prosecuted and defended to final effect
in the same manner as they might if such provisions were not so repealed.
