[HISTORY: Adopted by the City Council of
the City of Canandaigua 4-10-1980 (Ch. 8.20 of the 1997 Municipal Code). Amendments noted
where applicable.]
This chapter may be cited as the "Noise Control
Ordinance of the City of Canandaigua."
A.
It is hereby found and declared that excessive sound
is a serious hazard to the public health and welfare, safety and the
quality of life in the City of Canandaigua; and
B.
It is further found and declared that the people have
a right to and should be insured an environment free from excessive
sound that may jeopardize their health, welfare or safety, or degrade
the quality of life; and
C.
It is, therefore, hereby established as the policy
of the City of Canandaigua to prevent excessive sound which may jeopardize
the health and welfare or safety of its citizens and degrade the quality
of life.
As used in this chapter, the following terms
shall have the meanings indicated:
The unit of measurement for sound approximating the auditory
sensitivity of the human ear as measured with a sound level meter
using the A-weighted network.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or property damage which demands immediate
action.
Any work performed for the purpose of preventing or alleviating
the physical trauma or property damage threatened or caused by an
emergency.
A vehicle listed as a motorcycle as defined in the Vehicle
and Traffic Law of the State of New York.
A vehicle listed as a motor vehicle as defined in the Vehicle
and Traffic Law of the State of New York.
A device for abating the sound of escaping gasses of an internal
combustion engine.
Any sound which annoys or disturbs humans or which causes
or tends to cause an adverse psychological or physiological effect
on humans.
Any sound which:
Any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state.
Any street, avenue, boulevard, highway, sidewalk or alley
or similar place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are controlled
or owned by a governmental entity.
An imaginary line along the ground surface and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intrabuilding real
property divisions.
[Amended 8-3-2000 by Ord. No. 2000-07]
The enforcement of this chapter shall be accomplished
by the Police Department of the City of Canandaigua.
A.
General.
(1)
No person shall unreasonably make, continue, permit,
or cause to be made, continued or permitted, any noise disturbance.
(2)
No person shall make, continue, permit, or cause to
be made, continued or permitted, any noise exceeding 65 dBA, as measured
from the real property boundary of the premises which is the source
of the noise ("generating property boundary") from the hours 11:00
p.m. to 7:00 a.m., and 80 dBA at all other times. Furthermore, no
person shall make, continue, permit, or cause to be made, continued
or permitted, any noise exceeding 55 dBA, as measured from the real
property boundary of any premises used as a dwelling ("receiving property
boundary"), from the hours 11:00 p.m. to 7:00 a.m. and 65 dBA at all
other times. A violation of this chapter shall occur if either of
these standards is exceeded.
[Amended 8-3-2000 by Ord. No. 2000-07; 10-16-2003 by Ord. No.
2003-017]
B.
Specific violations. As examples, and not in limitation of the general statement of this chapter at Subsection A above, the following acts, and the causing thereof, are declared to be in violation of this chapter, when such acts create a noise disturbance across a real property boundary:
(1)
Radios, television sets, musical instruments and similar
devices. Operating, playing or permitting the operation or playing
of any radio, television, phonograph, musical instrument, sound amplifier,
or similar device which produces, reproduces, or amplifies sound;
(2)
Animals. Owning, possessing or harboring any animal
which frequently or for continued duration, makes a noise which creates
a noise disturbance across a real property boundary;
(3)
Adequate mufflers or sound dissipative devices.
(a)
No person shall operate or cause to be operated
any motor vehicle or motorcycle not equipped with a muffler or other
sound dissipative device in good working order and in constant operation;
(b)
No person shall remove or render inoperative,
or cause to be removed or rendered inoperative, other than for purposes
of maintenance, repair, or replacement, any muffler or sound dissipative
device on a motor vehicle or motorcycle.
(4)
Motor vehicle horns and signalling devices. The sounding
of any horn or other auditory signalling device on or in any motor
vehicle on any public right-of-way or public space, except as a warning
of danger or as provided in the Vehicle and Traffic Law of the State
of New York.
(5)
Recreational motorized vehicles operating off public
rights-of-way. Except as otherwise permitted below, no person shall
operate or cause to be operated any recreational motorized vehicle
off a public right-of-way in such a manner as to create a noise disturbance
across a real property boundary or between the hours of 9:00 p.m.
and 8:00 a.m. the following day. This subsection shall apply to all
recreational motorized vehicles whether or not duly licensed and registered
including, but not limited to, commercial or noncommercial racing
vehicles, motorcycles, go-carts, snowmobiles, amphibious craft, campers
and dune buggies, minibikes, and any other such type of vehicle with
noise characteristics of or similar to any of the above.
[Amended 10-4-2007 by Ord. No. 2007-019; 10-1-2009 by Ord. No. 2009-011; 11-19-2009 by Ord. No. 2009-016]
The provisions of this chapter shall not apply
to:
A.
The emission of sound for the purpose of alerting
persons to the existence of an emergency; or
B.
The emission of sound in the performance of emergency
work; or
C.
Public speaking and public assembly activities conducted
on any property or right-of-way, which is owned by a municipality.
D.
Noise on City property when the City Council has authorized
and permitted a function pursuant to a special event permit, unless
otherwise prohibited by the special event permit.
E.
Any function
carried out by the City of Canandaigua or its employees or agents.
Further, any road work carried out by state employees or their contractors.
F.
Any person
that obtains a special exemption from City Council, as granted through
a resolution based on special or unusual circumstances (i.e, the work
can only be performed at night or due to the kind of equipment used).
The City Council, if it grants a special exemption, may apply restrictions,
such as the petitioner must notify area residents of the anticipated
noise or any other restrictions Council deems appropriate.
G.
The act
of lawn care during the hours of 0700 - 2000 hours, provided that
the muffler device is in proper working order on the lawn care equipment.
H.
The act
of snow removal.
[Amended 11-20-2003 by Ord. No. 2003-019]
A.
Any violation of this chapter shall be deemed an offense
and upon conviction shall be punishable by a fine of:
(1)
First offense: Not less than $50 and not more than
$100 and imprisonment in the jail of Ontario County until said fine
be paid, not exceeding one day for each dollar of fine imposed.
(2)
Second offense within one year: Not less than $100
and not more than $250 and imprisonment in the jail of Ontario County
until said fine be paid, not exceeding one day for each dollar of
fine imposed.
(3)
Third offense within one year and each subsequent
offense within one year: not less than $250 and not more than $500,
and imprisonment in the jail of Ontario County until said fine be
paid, not exceeding one day for each dollar of fine imposed.
B.
Any person who willfully or knowingly violates any
provision of this chapter shall be fined for each offense a sum of
not less than $250 and not more than $500 and imprisonment in the
jail of Ontario County until said fine be paid, not exceeding one
day for each dollar of fine imposed.
C.
Each day of violation of any provision of this chapter
shall constitute a separate offense.
No provision of this chapter shall be construed
to impair any common law or statutory cause of action, or legal remedy
therefrom, of any person for injury or damage arising from any violation
of this chapter or from other law.
