[HISTORY: Adopted by the Town Board of the
Town of West Seneca 10-20-2008 by L.L. No. 2-2008.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 46.
Building Code administration and enforcement — See Ch. 55.
Smoke detectors — See Ch. 100.
Vehicles and traffic — See Ch. 115.
[1]
Editor's Note: This local law also repealed
former Ch. 82, Noise, adopted 10-21-1974.
The West Seneca Town Board determines that the
creation of unreasonable noise within the Town limits is or may be
detrimental to the comfort, convenience, safety, health and welfare
of Town residents and to the quality of life of those residents. The
Town, therefore, intends to prohibit unreasonable noise from all sources
subject to its police power in order to preserve, protect and promote
the health, safety and welfare, together with the peace, quiet and
enjoyment of all persons within the Town.
As used in this chapter, the following terms
shall have the meanings indicated:
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighting network by a trained operator. The level
so read is designated dB(a) or dBA.
Any day of the week, that is, Monday through Sunday.
The practical unit of measurement for sound-pressure level;
the number of decibels of measured sound is equal to 20 times the
logarithm to the base of 10 of the ratio of the sound pressure of
the measured sound to the sound pressure of standard sound (20 micropascals);
abbreviated dB.
An individual, entity, firm or corporation.
Any property, including vacant land, which is not used for
residential purposes, as defined herein.
Property which contains one or more dwelling units, including
but not limited to single-family attached or detached dwelling units,
multiple dwellings, hotels, motels, senior citizen housing, adult
residential care facilities, nursing homes, dormitories, sororities
and fraternities.
The imaginary line, including its vertical extension, that
separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit located within a multiple-dwelling-unit
building.
Any device, instrument, mechanism, equipment or apparatus
that emits any sounds discernible to the human ear.
An instrument for the measurement of sound levels conforming
to American National Standards Institute Type I or II standards.
Any device, instrument, mechanism, equipment or apparatus
for the amplification of any sounds from any radio, phonograph, tape
player, compact disc player, musical instrument, television, loudspeaker
or other sound-making or sound-producing device, or any device or
apparatus for the reproduction or amplification of the human voice
or other sound.
Any device, fixed or movable, which is located or used on
geographically defined real property other than a public right-of-way.
Any noise defined in § 82-3 of this chapter.
It shall be unlawful for any person to make,
continue, cause to be made, or permit to be made any unreasonable
noise within the geographic boundaries of the Town of West Seneca,
or within those areas over which the Town has jurisdiction. The determination
as to the existence of unreasonable noise may be established by the
specific acts considered to be unreasonable noise enumerated within
the subsections hereinafter.
The following acts are declared to be loud,
disturbing or excessive noise in violation of this chapter, but said
enumeration shall not be deemed to be exclusive.
A.
Amplified sound. The operation, playing or permitting
of the operation or playing of any radio, receiver, television, phonograph,
tape player, compact disc or digital sound systems, sound amplifier,
boom box, musical instrument, loudspeaker, or similar device, whether
from a moving vehicle or stationary location, which reproduces or
amplifies sound in such a manner as to create a sound level across
a real property line or through partitions common to two or more persons
within a building or from a stationary or moving vehicle and which
exceeds the limits set forth in Table I,[1] herein. (This subsection does not apply to commercial
enterprises or industrial manufacturing plants in the regular conduct
of their business on their own properties.)
B.
Horns and signaling devices. The sounding of any horn,
signaling device or alarm (except as a danger warning, pursuant to
§ 375 of the Vehicle and Traffic Law of the State of New
York) which results in harsh or loud sound or repetitive sounds for
any unreasonable or unnecessary period of time so as to create a noise
disturbance.
C.
Shouting and yelling. Shouting, yelling, singing,
calling, hooting or whistling so as to create a noise disturbance.
D.
Engines. The operation, including the stationary idling,
of any engine, including, but not limited to, an automobile, truck,
motorcycle, motorbike, motorboat or minibike engine, so as to create
a noise disturbance, or the use of any automobile, motorcycle or motor
vehicle so out of repair, so loaded or in any manner so as to create
excessive or unusual grating, grinding, rattling or other noise, or
the discharge into the open air of the exhaust from any stationary
steam engine, stationary internal combustion engine or motorboat engine,
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom which exceed maximum permissible
sound levels in Table I[2] herein. (This subsection does not apply to commercial
enterprises or industrial manufacturing plants in the regular conduct
of their business on their own properties.)
E.
Heavy equipment. The operation of any pile driver,
bulldozer, pneumatic hammer, grinder, or other construction equipment
which creates a noise disturbance, except between 7:00 a.m. and 11:00
p.m. and except in cases of urgent necessity in the interest of public
safety.
F.
Construction. Any construction, excavation, demolition,
alteration or repair which creates a noise disturbance, except between
7:00 a.m. and 11:00 p.m. and except in cases of urgent necessity in
the interest of public safety.
G.
Domestic equipment. The operation of or permitting
to be operated any power saw, drill, sander, router, lawn or garden
device, leaf or snow blower, insect control device or domestic equipment
so as to create a noise disturbance, except between 7:00 a.m. and
11:00 p.m. However, the use of snowblowers, chain saws and other domestic
tools and equipment are exempted from these limits when they are being
used to clear driveways, streets, or walkways during and within 24
hours after snowfalls, rainstorms, ice storms, windstorms, or similar
emergencies.
H.
Machinery. The operation of any machinery, equipment,
pump, fan, air-conditioning apparatus or other mechanical device in
such a manner as to create a noise disturbance which exceeds maximum
permissible sound levels in Table I[3] herein. (This subsection does not apply to commercial
enterprises or industrial manufacturing plants in the regular conduct
of their business on their own properties.)
I.
Loading and unloading. The loading or unloading of
any materials, equipment or garbage cans or the handling of bales,
boxes, crates, containers or similar objects so as to create a noise
disturbance which exceeds maximum permissible sound levels in Table
I,[4] herein.
J.
Domestic animals. The howling, barking, whining, squawking,
neighing or other sound of a domestic animal which occurs continuously
or intermittently or so frequently so as to create a noise disturbance.
(For purposes of this subsection, "continuous" shall be a period of
10 minutes and "intermittent" shall be a period of 30 minutes.)
K.
The making of any noise for advertising purposes in
any street or public place, or by means of aircraft, or the advertisement
or calling attention to any advertisement, article, business, calling
or profession upon any street, sidewalk or entrance to a place of
business by means of any horn, megaphone, siren, bell, radio or any
other sound-producing or sound-amplifying mechanism, instrument or
device.
L.
Alarms. The sounding or permitting of the sounding
of any exterior alarm on any building or motor vehicle, unless such
alarm shall terminate its operation within 15 minutes of its being
activated.
M.
Stationary emergency signaling devices. Testing of
only the electromechanical functioning of a stationary emergency signaling
device shall occur at the same time each day when a test is performed,
but not before 7:00 a.m. or after 11:00 p.m. Any such testing shall
not exceed one minute.
A.
It shall be unlawful for any person to operate or
permit to be operated any noise source in such a manner as to create
a sound pressure level in dB(A)s which exceeds the limits set forth
in Table I when measured at the real property boundary of the complainant.
|
Table I
Maximum Permissible Sound Levels by Receiving
Land Use Category
| |||
|---|---|---|---|
|
Receiving Land Use (dBA)
| |||
|
Sound Source Land Use
|
Residential
|
Commercial
|
Manufacturing
|
|
Residential
| |||
|
7:00 a.m. to 11:00 p.m.
|
95
|
95
|
95
|
|
11:01 p.m. to 6:59 a.m.
|
65
|
65
|
65
|
|
Commercial and Manufacturing
| |||
|
7:00 a.m. to 11:00 p.m.
|
95
|
100
|
100
|
|
11:01 p.m. to 6:59 a.m.
|
65
|
75
|
75
|
B.
The restrictions set forth in this chapter shall not apply to alarms as defined in § 82-4B of this chapter.
C.
In the event that qualified Town personnel approved
by the Chief of Police or Code Enforcement Officer are not available
to operate a sound-level meter, this chapter shall liberally be construed
by Town personnel with proper police power to prevent excessive, unreasonable,
disturbing and unnecessary noise, due consideration being given to
the circumstances, time of day and particular location of each violation
and the demands of the public health, safety and welfare.
A.
The use of any sound-producing, sound-reproducing
or sound-amplifying device, machinery, domestic equipment, heavy equipment
or engine so as to cause the sound produced thereby to be audible
outside the building or beyond the boundary of the property (real
and personal) where it originates, between the hours of 11:00 p.m.
and 7:00 a.m. the following day, shall be presumptive, prima facie
evidence of a violation of this chapter.
B.
Barking, squawking, whining, neighing or any other
domestic animal sound which is audible at a point beyond the real
property boundary from which such sound emanates and which continues
continuously for 10 minutes, or intermittently for over 30 minutes,
between the hours of 11:00 p.m. and 7:00 a.m. shall be presumptive,
prima facie evidence of a violation of this chapter.
A.
The following sounds are exempt from the operation
of this chapter:
(1)
The sounds created by emergency vehicles, such as
fire, police or ambulance, while on emergency calls using radios,
sirens, horns, bells or whistles.
(2)
The sounds created by any governmental agency or by
the use of a public warning device.
(3)
The sounds created by sporting events, public organization,
private schools, carnivals, fairs, exhibitions, picnics or parades,
provided that such events shall take place between the hours of 7:00
a.m. and 12:00 midnight local time.
(4)
The sounds created by emergency construction work
or repair which is necessary for the protection of life, property
or restoration of utility service.
(5)
The sounds created by trains, buses, aircraft or other
items of transportation governed by either the state of federal noise
regulations.
(6)
The sounds created by emergency alarms, such as fire
alarms, or burglar alarms, prior to a reasonable opportunity for the
owner or tenant in possession of the premises served by such alarm
to turn off the alarm.
(7)
The sounds created by bells or chimes associated with
a church, synagogue or other place of public worship.
(8)
The sounds created by municipal refuse collection.
(9)
The sounds created by activities that are otherwise
governed, authorized or permitted under state or federal regulations.
(10)
The sounds created by any legitimate commercial or
industrial use or activity as long as the noise emanating therefrom
does not begin prior to the hour of 7:00 a.m. and does not regularly
run beyond the hour of 11:00 p.m. local time or is not otherwise scheduled
to run beyond 11:00 p.m. local time.
B.
It is the intention of the Town Board that this chapter,
while in addition to and supplementing the federal and state regulations,
be construed to secure for the people freedom from unlawful noise
as described herein, without violating any of the rights secured by
the Constitution of the United States or the Constitution of the State
of New York.
The provisions of this chapter shall not apply
to police officers and firemen while in the discharge of duty.
A.
When the enforcement officer or official seeks to
apply the decibel provisions set forth in the aforementioned Table
I[1] relative to any violation of this chapter, such officer
shall use a sound-level meter conforming to ANSI (American National
Standards Institute). Type I or II standards shall be used and shall
be calibrated at least annually. Only qualified Town personnel approved
by the Chief of Police of Code Enforcement Officer shall operate,
witness and read the sound-level meter(s) and related equipment. Qualified
Town personnel approved by the Chief of Police or Code Enforcement
Officer shall be able to enforce this chapter in the event that a
sound-level meter is not available.
B.
This chapter shall be enforced by the Police Department
of the Town of West Seneca and qualified Town personnel as designated
by the Chief of Police or Code Enforcement Officer.
Any person who shall violate any of the provisions
of this chapter shall be guilty of a violation and shall be punishable
by a fine of not more than $250 or imprisonment for not more than
15 days, or both. Each day that such violation occurs shall be deemed
a separate offense punishable as such.
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.
The Noise Ordinance of the Town of West Seneca,
adopted by the Town Board on October 21, 1974, and all amendments
thereto, are hereby repealed.
This chapter shall be effective upon its filing
with the Secretary of State.
