For the purposes of this chapter, the terms
used herein are defined as follows:
BURGLAR ALARM
Any sound signal device designed and intended to produce
an audible sound signal upon unauthorized entrance into a building
or motor vehicle.
CONSTRUCTION
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, highways,
roads, utility lines or other property.
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."
[Added 4-14-2021 by L.L.
No. 4-2021]
DEVICE
Any mechanism which is intended to or which actually produces
sound when operated or handled.
EMERGENCY
A public calamity or an exposure of any person or property
to imminent danger.
PERSON
Any individual or group of individuals, partnership, company,
corporation, trust, association, firm, organization, syndicate, administration,
bureau or department.
REAL PROPERTY LINE
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 intra-building
real property divisions.
UNNECESSARY NOISE
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 4-14-2021 by L.L. No. 4-2021]
A.
The intensity of the noise.
B.
Whether the nature of the noise is usual or
unusual.
C.
Whether the origin of the noise is natural or
unnatural.
D.
The intensity of the background noise.
E.
The proximity of the noise to sleeping facilities.
F.
The nature and the zoning district of the area
within which the noise emanates.
G.
The time of the day or night the noise occurs.
H.
The duration of the noise [any duration of noise restricted
herein lasting more than 15 minutes (either sustained or intermittent)
shall be deemed to violate this chapter].
I.
Whether the sound source is temporary.
J.
Whether the noise is continuous or intermittent.
K.
Whether alternate methods are available to achieve
the objectives of the sound producing activity.
No person shall make, continue or cause or permit
to be made 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 caused
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 permit to be conducted construction and/or the operation
of machinery, equipment and/or domestic power tools, including lawn
mowers, sanders, grinders, and leaf blowers between the hours of 9:00
p.m. the preceding night and 7:00 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, so as to cause unnecessary noise
across a real property line.
C. Exhausts. No person shall cause or permit 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 permit 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 loud 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. Decible 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 that exceeds the particular sound level
limits set forth as follows: between 7:00 a.m. and 10:00 p.m., 70
dBA, and between 10:00 p.m. and 7:00 a.m., 50 dBA when measured at
the adjoining property line.
[Added 4-14-2021 by L.L.
No. 4-2021]
The following sounds shall not be deemed to
be a violation 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, icestorms, 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 town,
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 Town 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 connected with commercial shooting ranges that have been established
in the Town before this subsection becomes effective, like a rod and
gun club. Firearms discharged on property that is not a commercial
shooting range, no matter how the property is zoned, shall meet all
restrictions set forth herein.
[Added 4-14-2021 by L.L.
No. 4-2021]
I. Sounds created by emergency construction or repair work authorized
or performed by the Town of Manlius, any incorporated village within
the Town of Manlius, the County of Onondaga, the State of New York
or any recognized utility serving the area.
[Amended 4-14-2021 by L.L. No. 4-2021]
J. Sounds created by the exercise of commercial activities to the extent
that such sounds are already controlled by the Town of Manlius through
site plan approval, special permit or otherwise.
[Amended 4-14-2021 by L.L. No. 4-2021]
K. Sounds created by police cars, fire engines, ambulances and other
emergency vehicles when used in connection with an emergency, drill
or test procedure.
[Amended 4-14-2021 by L.L. No. 4-2021]
L. Sounds connected with activities open to the public or sounds where
proper authorization has been obtained from the Town Board or any
other designated authority of the Town of Manlius.
[Amended 4-14-2021 by L.L. No. 4-2021]
The provisions of this chapter shall be enforced
by the Town of Manlius Police Department and the Codes Enforcement
Officer of the Town of Manlius, who shall have the power to issue
warnings and to bring complaints returnable before the Justice Court
of the Town of Manlius for a violation of this chapter.
If any section, subdivision, paragraph, sentence
or other portion of this chapter shall for any reason be held or adjudged
to be invalid or illegal or unenforceable by any court of competent
jurisdiction, it is the intention of the Town Board that such section,
subdivision, paragraph, sentence or other portion so adjudged, invalid,
illegal or unenforceable shall be deemed separate, distinct and independent,
and the remainder of this chapter shall be and remain in full force
and effect.