[HISTORY: Adopted by the Common Council of
the City of North Tonawanda 9-20-1988. Amendments noted where applicable.]
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:
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.
Every ambulance, police vehicle, fire vehicle and civil defense
emergency vehicle.
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."
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.
The time from 7:00 a.m. to 10:00 p.m.
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."
A public calamity, utility services failure or an exposure
of any person or property to actual or imminent danger.
A sound of short duration, usually less than one second and
of high intensity, with an abrupt onset and rapid decay.
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.
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.
That part of a twenty-four-hour time interval which is not
otherwise defined as daytime.
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.
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.
Any highway, road, street, avenue, alley, public place, public
driveway or any other public way.
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.
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.
An instrument, including a microphone, an amplifier, an output
meter and frequency waiting networks, for the measurement of sound
levels.
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:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or
unusual.
Whether the origin of the noise is usual or
unusual.
The volume and intensity of the background noise,
if any.
The proximity of the noise to residential sleeping
facilities.
The nature and zoning district of the areas
within which the noise emanates.
The time of the day or night the noise occurs.
The time duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or impulsive.
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).
A.
General prohibitions. No person shall make, continue
or cause or permit to be made, verbally or mechanically, any unreasonable
noise. Noncommercial public speaking and public assembly activities
conducted on any public space or public highway shall be exempt from
the operation of this section.
B.
Animals. No person shall own, possess or harbor any
animal or bird which frequently or for continued duration, makes sounds
which create a noise disturbance across a residential real property
boundary. For the purpose of this ordinance, a "barking dog" may be
defined as a dog that barks continuously for 10 minutes or intermittently
for 30 minutes.
C.
Burglar alarms. No owner of a building or of a motor
vehicle shall have in operation an audible burglar alarm thereon unless
such burglar alarm shall be capable of and shall automatically terminate
its operation within 15 minutes of its being activated.
D.
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:
(1)
Between the hours of 10:00 p.m. and 7:00 a.m. of the
following day in such a manner as to create unreasonable noise across
a real property boundary.
(2)
In such a manner as to create unreasonable noise at
50 feet from such a device, when operated in or on a motor vehicle
on a public highway or in a boat in public waters.
(3)
In such a manner as to create unreasonable noise to
any person other than the operator of the device, when operated by
any passenger on a common carrier.
E.
Air-conditioning and air-handling devices.
(1)
No person shall operate or permit to be operated an
airconditioning or air-handling device, including a heat pump, that
exceeds the maximum sound level limitations provided in this section:
in residential areas, continuous sound levels measured at the property
line of 55 dBA.
(2)
The provisions of this section shall not apply if
the sound from the air conditioner or air-handling device produces
less than an increase of five dBA in the sound level that exists in
the absence of such sound.
F.
Emergency warning devices. No person shall operate
or cause to be operated by emergency warning device, except:
(1)
To give notice of a warning of an emergency.
(2)
On an authorized emergency vehicle when such vehicle
is engaged in emergency operation, provided that such device shall
not be operated so as to create unreasonable noise or for a period
of time longer than is necessary to respond to such emergency.
(3)
When such device is under test.
G.
Loading and unloading. No person shall load, unload, open, close or handle boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. of the following day in such a manner as to cause an unreasonable noise across a residentially real property boundary, except as permitted by § 61A-7G.
H.
Domestic power tools. No person shall operate or permit
to be operated any power tool or equipment, including but not limited
to saws, sanders, drills, grinders, lawn or garden tools, mowers,
tractors, leaf blowers or gatherers, or similar devices, when used
outdoors in a residentially zoned district during the hours of 10:00
p.m. to 7:00 a.m., so as to create unreasonable noise.
I.
Modification of noise control devices. No person shall
operate or permit to be operated any device that has been modified
so as to cause the sound emitted from such device to be greater than
that emitted by such device as originally manufactured.
J.
Squealing tires. No person shall operate a vehicle
in such a manner as to cause unreasonable noise by spinning or squealing
the tires of such vehicle.
K.
Sound signal devices. No person shall operate or cause
to be operated any sound signal device so as to create unreasonable
noise, except:
L.
Construction. No person shall conduct or permit to
be conducted construction, alone or in combination with other construction
conducted or permitted by such person, in a manner as to cause unreasonable
noise during nighttime on weekdays or at anytime on Sundays or holidays.
The provisions of this section shall not apply to the following:
M.
Places of public entertainment. No person shall operate
or permit to be operated a place of public entertainment, including
but not limited to a restaurant, bar, cafe, discotheque or dance hall,
in which the sound level is equal to or exceeds 95 dBA for more than
30 seconds at the location of the spectators.
N.
Churches, courts, hospitals and schools. No person
shall create or permit the creation of any unreasonable noise through
the use of any device on any street, sidewalk or public place adjacent
to any church, court or school while such church, court or school
is in use, or adjacent to any hospital at any time, provided that
signs are displayed so as to identify such church, court, hospital
or school.
A.
It shall be unlawful for any person to operate or
permit to be operated any stationary noise source in such a manner
as to create a sound pressure level measured in dBA's which exceed
the limits set forth for the receiving land use category in Table
1 when measured at or within the property boundary of the receiving
land use.
|
Table 1
Maximum Permissible Sound Levels by
Receiving Land Use Category
(dBA)
|
|
Receiving Land Use Category
| ||||
|---|---|---|---|---|
|
Sound Source Land Use Category
|
Time Period
|
Residential
|
Commercial
|
Industrial
|
|
Residential
| ||||
|
(R1-1, R1-2, R-2, R-C)
|
7:00 a.m. to 10:00 p.m.
|
55
|
65
|
75
|
|
10:00 p.m. to 7:00 a.m.
|
50
|
65
|
75
| |
|
Commercial
| ||||
|
(C-1, C-2)
|
7:00 a.m. to 10:00 p.m.
|
65
|
65
|
75
|
|
10:00 p.m. to 7:00 a.m.
|
50
|
65
|
75
| |
|
Industrial
| ||||
|
(M-1, M-2, M-3)
|
7:00 a.m. to 10:00 p.m.
|
65
|
65
|
75
|
|
10:00 p.m. to 7:00 a.m.
|
50
|
65
|
75
| |
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.
F.
Snow removal equipment.
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.
A.
The provisions of this ordinance shall be enforced
by the Police Department of the City of North Tonawanda and it shall
have the power to:
(1)
Order any person to cease and desist from any activity
which causes or is conducted so as to cause a violation of any provision
of this ordinance.
(2)
Seal any device, after obtaining the proper judicial
order, which causes or is maintained or operated so as to cause a
violation of any provision of this ordinance.
(3)
Issue appearance tickets for violation of any provision
of this ordinance.
B.
A sound-level meter conforming to the American National
Standards Institute (ANSI) Type II standards shall be used and shall
be calibrated prior to use. The calibrator shall be calibrated at
least annually.
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.
