[HISTORY: Adopted by the City Council of
the City of Troy 8-4-1983 (Art. II of Ch. 19 of the 1973 Code); amended 7-6-2000 by Ord. No.
15. Subsequent amendments noted where applicable.]
A.
It is hereby declared to be the policy of the City
to prevent excessive, unnecessary or unusually loud noises. It is
further declared that the provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of preserving,
protecting and promoting the public health, comfort, convenience,
safety, welfare and prosperity and the peace and quiet of Troy and
its inhabitants.
B.
This chapter shall be liberally construed so as to
effectuate the purposes described in this section. Nothing herein
shall be construed to abridge the emergency powers of any City department
or the right of such department to engage in any necessary or proper
activities. Nothing herein shall abridge the powers and responsibilities
of any police department or law enforcement agency to enforce the
provisions of this chapter.
This chapter shall not apply to the operation
or use of any organ, radio, bell, chimes or other instrument, apparatus
or device by any church, synagogue or school.
[Amended 12-3-2015 by Ord. No. 104]
The creation of any unreasonably loud, disturbing
and unnecessary noise is prohibited. Said noise shall be prohibited
when it is of such character, intensity and duration or of a type
or volume that a reasonable person would not tolerate under the circumstances
and that is detrimental to the life, health or welfare of any individual
or would cause or create a risk of public inconvenience, annoyance
or alarm.
A.
It shall be unlawful for any person to willfully make or continue
or cause to be made or continued any loud or unnecessary or unusual
noises hereinabove defined which disturb the peace and quiet of any
neighborhood or which cause discomfort or annoyance to any reasonable
person of normal sensitiveness residing in the area. The standard
which may be considered in determining whether a violation of the
provisions of this chapter exist may include, but not be limited to,
the following:
(1)
The level of the noise.
(2)
Whether the nature of the noise is usual or unusual.
(3)
Whether the origin of the noise is natural or unnatural.
(4)
The level or intensity of the background noise, if any.
(5)
The proximity of the noise to residential sleeping facilities.
(6)
The nature and zoning of the area within which the noise emanates.
(7)
The density of the habitation of the area within which the noise
emanates.
(8)
The time of the day and night the noise occurs.
(9)
The duration of the noise.
(10)
Whether the noise is recurrent, intermittent or constant.
B.
Noise levels.
(1)
The maximum decibel level radiated by any use or facility at any
lot lines shall not exceed the values in the designated octave bands
given in Table I. The sound-pressure level shall be measured with
a second-level meter and associated octave-band analyzer conforming
to standards prescribed by the American Standards Association. (American
Standard Sound-Level Meters for Measurement of Noise and Other Sound,
Z24.3-1944, American Standards Association, Inc., New York, and American
Standard Specifications for an Octave-Band Filter Set for the Analysis
of Noise and Other Sound, Z24.10-1953, American Standards Association,
Inc., New York, New York, shall be used.)
|
Table I
| ||
|---|---|---|
|
Frequency Band
(cycles per second)
|
Maximum Permitted Sound-Pressure Level
(decibels)
| |
|
0 to 75
|
69
| |
|
75 to 150
|
60
| |
|
150 to 300
|
56
| |
|
300 to 600
|
51
| |
|
600 to 1,200
|
42
| |
|
1,200 to 2,400
|
40
| |
|
2,400 to 4,800
|
38
| |
|
4,800 to 10,000
|
35
| |
(2)
Where any use adjoins a residential or transitional district at any
point at the district boundary, the maximum permitted decibel levels
in all octave bands shall be reduced by six decibels from the maximum
levels set forth in Table I.
The following acts, and the causing thereof,
are declared to be loud, disturbing and unnecessary noises in violation
of this chapter, but the enumeration herein shall not be deemed to
be exclusive:
A.
Horns, signaling devices. The sounding of any horn
or other signal device on any automobile, motorcycle, bus or other
vehicle while stationary, except as a danger signal when an approaching
vehicle is apparently out of control, or if in motion, only as a danger
signal after or as brakes are being applied and deceleration of the
vehicle is intended; the creation by means of any such signal device
of any unreasonably loud or harsh sound or the sounding of any such
device for an unnecessary period of time.
B.
Noisy vehicles. No person shall:
(1)
Use an automobile, motorcycle or other vehicle so
out of repair, so loaded or in such a manner as to create loud, unnecessary
grating, grinding, rattling or other noise;
(2)
Operate any vehicle in such a manner as to cause unnecessary
noise by spinning or squealing the tires or revving the motor of such
vehicle; or
(3)
Modify or cause to be modified the muffler, exhaust
system or other noise control device of any vehicle in a manner that
will increase the noise emitted by such vehicle above that emitted
by the vehicle when newly manufactured, regardless of the date of
manufacture. The noise-control devices of any vehicle operated in
the City shall be maintained and in good working order. No person
shall operate or permit to be operated a vehicle where the muffler,
exhaust system or other noise-control device has been so modified
or has not been maintained.
C.
Recreational vehicles (including snowmobiles). No
person shall operate, or permit to be operated, any motor-powered
recreational vehicle not licensed for operation on public streets
pursuant to the Vehicle and Traffic Law:
(1)
On private property of another without the express
prior written consent of the owner and the occupancy of said property.
Such consent may be revoked at any time by the grantor thereof. Where
such express prior written consent has been obtained, the operator
or person at the site responsible for such operation shall keep said
consent on his/her person and available for immediate display at all
times during the period of such operation. Excepted from the operation
of this subsection are any private clubs or other organizations that
permit the operation of recreational motor vehicles on their property
in connection with the principal use of said property by the members
of any such club or organization;
(2)
On any public grounds or property, including City-
or school-owned land, which shall include but not be limited to parks,
ball parks, and recreation areas;
(3)
In such a manner as to create unnecessary noise so
as to unreasonably disturb or interfere with persons in the peaceful
and quiet enjoyment of their property; or
(4)
In a careless, reckless or negligent manner so as
to endanger the safety or property of any person.
D.
Discharge of exhaust. The discharge into the open
air of the exhaust of any steam engine, stationary internal-combustion
engine, motor vehicle or boat engine or motor except through a muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
E.
Construction, demolition, excavation. The erection,
including excavating, demolition, alteration or repair of any building
other than between 6:00 a.m. and 9:00 p.m., except in case of an urgent
necessity in the interest of public safety and then only with a permit
from the Commissioner of Public Works, which permit may be renewed
for a period of three days or less while the emergency continues.
F.
Noise near schools, other institutions. The creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same is in session, or adjacent
to any hospital, which unreasonably interferes with the workings of
such institutions, provided conspicuous signs are displayed in such
streets indicating that the same is a school, hospital, church or
court street.
G.
Loading, unloading. The creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
H.
Hawking, peddling. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood
and is unreasonable under the circumstances.
I.
Drums, loudspeakers, similar devices. The use of a
drum, loudspeaker or any other sound-producing instrument or device
for the purpose of attracting public attention by the creation of
noise, except where authorized by special permit to be issued by the
Chief of Police, who shall make reasonable rules and regulations therefor.
J.
Sound reproduction. No person shall operate, play
or permit the operation or playing of any radio, television, phonograph,
drum, musical instrument, sound amplifier or similar device which
produces, reproduces or amplifies sound so as to produce unreasonable
or unnecessary noise at any time, except for activities open to the
public or for the public benefit and for which permission has been
granted by the City.
K.
Animals. No person shall keep, permit or maintain
any animal under his/her control that causes unreasonable or unnecessary
noise by continued barking, howling or other animal noises.
L.
Shouting. No person shall shout, yell, call, hoot,
whistle or sing on public streets or in public places in such a manner
and for such a period of time as to be unreasonable under the circumstances.
M.
Noise from tools, machinery and heavy equipment in
the construction, repair or alteration of property. The use of domestic
or industrial tools, machinery and equipment of any kind in construction,
repair or alteration of property and resulting in loud grinding, hammering,
sawing and similar noise shall be prohibited if said noise is unnecessary
or unreasonable under the circumstances.
N.
Noise in the conduct of any business. The creation
of unreasonable or unnecessary noise in the operation, conduct and/or
maintenance of any business, factory, plant yard or manufacturing
establishment (except as otherwise provided in this chapter), including
but not limited to excavating, blasting, grinding, breaking, crushing
or processing of any substance (where permitted).
O.
The operation of restaurants, taverns, bars and discos.
(1)
No restaurant, tavern, bar, nightclub, disco or other
similar use, whether public or private, shall be conducted so that
unreasonable or unnecessary music or other noise is caused by and/or
emanates from said use.
(2)
Any owner, operator or proprietor of such a business
use or the owner licensee or person in control of any private premises
shall so limit the level of noise emanating from premises.
(3)
Further, it shall be the duty of any such person to
disperse any assembly of persons loitering, drinking alcoholic beverages
or otherwise engaging in lewd or disorderly conduct adjacent to or
near the premises or to immediately notify the Troy Police of such
conduct.
P.
Fraternities and sororities, dormitories, private
clubs, meeting halls, private residences. No noise from parties, entertainment,
music or social gatherings of any kind, whether public or private,
shall be such that noise caused by and/or emanating from said use
can be heard:
(1)
Between the hours of 11:00 p.m. and 12:00 noon the
following day, inside any residence, regardless of whether the windows
of such residence are open; or
[Amended 6-6-2002 by Ord. No. 12]
If any party shall knowingly violate the provisions
of this article or engage in conduct in violation of this article,
he or she shall be guilty of a violation punishable by a maximum fine
of $250 or by imprisonment for not more than 15 day, or both. Each
incidence of any violation of a provision herein shall constitute
a separate offense.
