This ordinance shall be known and shall be cited
as the "Noise Control Ordinance of the City of North Tonawanda."
It is hereby declared to be the policy of the
City of North Tonawanda to prevent excessive, unnecessary or unusually
loud noise. 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 the City of North Tonawanda and its inhabitants.
Unless otherwise indicated by context, the following
terms and phrases shall mean:
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 based on a minimum period of 10 minutes.
A-WEIGHTED SOUND LEVEL
The sound pressure level measured by the use of an instrument
with the metering characteristics and the A-weighting frequency response
prescribed for sound level meters. The level so read is designated
"dBA."
CONSTRUCTION
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public
or private highways, roads, premises, parks, utility lines or other
property, including but not limited to the related activity such as
line clearing, grading, earth moving, excavating, blasting, filling
and landscaping, but not including agriculture.
DAYTIME
The time from 7:00 a.m. to 10:00 p.m.
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."
EMERGENCY
A public calamity, utility services failure or an exposure
of any person or property to actual or imminent danger.
IMPULSIVE SOUND
A sound of short duration, usually less than one second and
of high intensity, with an abrupt onset and rapid decay.
MOTOR VEHICLE
Every vehicle operated or driven upon the public highway
which is propelled by any power other than muscular power, except
electrically driven invalid chairs being operated or driven by an
invalid, vehicles which run only upon rails or tracks and snowmobiles.
MUFFLER
A device consisting of a series of chambers or baffle plates
or other mechanical design for the purpose of receiving exhaust gas
from a sound source and effective in reducing noise.
NIGHTTIME
That part of a twenty-four-hour time interval which is not
otherwise defined as daytime.
NOISE DISTURBANCE
Any sound which endangers or injures the safety or health
of humans or animals or annoys or disturbs a reasonable person of
normal sensitivities or endangers or injures personal or real property.
PERSON
Includes the singular and plural and shall also mean and
include an individual, association, partnership, business, corporation,
club, society, union, lessor, lessee, landlord, tenant or any other
form of association or organization.
PUBLIC HIGHWAY
Any highway, road, street, avenue, alley, public place, public
driveway or any other public way.
REAL PROPERTY BOUNDARY
An imaginary line exterior to any structure along the ground
surface which separates the real property owned by one person from
that owned by another person and the vertical extension of such line.
SOUND LEVEL
The quantity in decibels measured by a sound-level meter
satisfying the requirements of American National Standards specification
for sound-level meters. "Sound level" is the frequency-weighted sound
pressure level obtained with the standardized dynamic characteristic
"fast" or "slow" and weighting (a), (b) or (c); unless indicated otherwise,
the A-weighting is understood.
SOUND-LEVEL METER
An instrument, including a microphone, an amplifier, an output
meter and frequency waiting networks, for the measurement of sound
levels.
UNREASONABLE 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 of normal sensitivities
or which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether "unreasonable noise"
exists in a given situation include, but are not limited to, the following:
B.
The intensity of the noise.
C.
Whether the nature of the noise is usual or
unusual.
D.
Whether the origin of the noise is usual or
unusual.
E.
The volume and intensity of the background noise,
if any.
F.
The proximity of the noise to residential sleeping
facilities.
G.
The nature and zoning district of the areas
within which the noise emanates.
H.
The time of the day or night the noise occurs.
I.
The time duration of the noise.
J.
Whether the sound source is temporary.
K.
Whether the noise is continuous or impulsive.
ZONING DISTRICT
The same meaning as provided by the Zoning Ordinance of the City of North Tonawanda (Chapter
103, Zoning, of the Code of the City of North Tonawanda).
No person shall operate a motor vehicle or combination
of vehicles on a public right-of-way at any time in such a manner
that the sound pressure level emitted by said vehicle exceeds the
levels set forth in the New York State Vehicle and Traffic Law.
The requirements, prohibitions and terms of
this ordinance shall not apply to:
A. Any authorized emergency vehicle when responding to
an emergency call or acting in time of emergency.
B. The operation of any vehicles or equipment when responding
to an emergency or a declared state of emergency (i.e., civil defense,
storm).
C. Those activities of a temporary duration permitted
by law and for which a license or permit therefor has been granted
by the city, including but not limited to parades, fireworks displays
and public cosponsored boat races and events.
D. The production of music in connection with a military
or civic parade, funeral procession or religious ceremony; any musical
performance conducted under consent of municipal authority.
E. Sounds emanating from any publicly sponsored and/or
authorized sporting, entertainment or other public event.
G. Businesses that must conduct loading and unloading
operations between the hours of 10:00 p.m. and 7:00 a.m. of the following
day.
The Common Council or its duly authorized representative
shall have the authority to grant special variances, issue temporary
permits and suspend any of the provisions of this ordinance upon such
conditions and for such time as it shall deem fit to best serve the
public health and welfare and the quality of life in the City of North
Tonawanda.
Any person violating any of the provisions of
this ordinance shall be deemed guilty of a violation and subject to
a fine of not more than $250 or imprisonment for a period not to exceed
15 days, or by both such fine and imprisonment. Each day such violation
is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.
If any provision of this ordinance is held to
be unconstitutional or otherwise invalid by any court of competent
jurisdiction, the remaining provisions of the ordinance shall not
be invalidated.
This ordinance shall repeal former Chapter 61A,
adopted August 17, 1976, and any amendments thereto, of the Code of
the City of North Tonawanda.
This ordinance shall become effective immediately
upon passage thereof.