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.
AMBIENT NOISE LEVEL
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.
A-WEIGHTED SOUND PRESSURE LEVEL
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.
DECIBEL (DB)
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.
NOISE DISTURBANCE
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.
SOUND-LEVEL METER
An instrument for the measurement of sound levels conforming
to American National Standards Institute Type I or II Standards.
STATIONARY NOISE SOURCE
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. (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.
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]
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.
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.