[HISTORY: Adopted by the Common Council of the City of Cortland
as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-1973 by Ord. No. 1973-7]
It is hereby declared and found that:
A.Â
The making and creation of excessive, unnecessary or unusually loud
noises within the limits of the City of Cortland is a condition which
has existed for some time and the extent and volume of such noises
is increasing;
B.Â
The making, creation or maintenance of such excessive, unnecessary,
unnatural or unusually loud noises which are prolonged, unusual and
unnatural in their time, place and use affect and are a detriment
to public health, comfort, convenience, safety, welfare and prosperity
of the residents of the City of Cortland; and
C.Â
The necessity in the public interest for the provisions and prohibitions
hereinafter contained and enacted, is declared as a matter of legislative
determination and public policy, and it is further declared that the
provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the
public health, comfort, convenience, safety, welfare and prosperity
and the peace and quiet of the City of Cortland and its inhabitants.
It shall be unlawful for any person to make, continue, or cause
to be made or continued any excessive, unnecessary or unusually loud
noise or any noise which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of others, within the
limits of the City.
The following acts are hereby declared to be loud, disturbing
and unnecessary noises in violation of this article:
A.Â
Radios, phonographs, etc. The using, operating or permitting to be
played, used or operated any radio receiving set, musical instrument,
phonograph, amplifier or other machine or device for the producing
or reproducing of sound in such manner as to disturb the peace, quiet
and comfort of the neighboring inhabitants or at any time with louder
volume than is necessary for convenient hearing for the person or
persons who are in the room, vehicle or chamber in which such machine
or device is operated and who are voluntary listeners thereto. The
operation of any such set, instrument, phonograph, machine or device
between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as
to be plainly audible at a distance of 50 feet from the building,
structure or vehicle in which it is located shall be prima facie evidence
of a violation of this section.
B.Â
Construction or repairing of buildings. The erection (including excavation),
demolition, alteration or repair of any building other than between
the hours of 7:00 a.m. and 6:00 p.m. on weekdays, except in case of
urgent necessity in the interest of public health and safety, and
then only with a permit from the building inspector, which permit
may be granted for a period not to exceed three days or less while
the emergency continues and which permit may be renewed for periods
of three days or less while the emergency continues. If the Building
Inspector should determine that the public health and safety will
not be impaired by the erection, demolition, alteration or repair
of any building or the excavation of streets and highways within the
hours of 6:00 p.m. and 7:00 a.m., and if they shall further determine
that loss or inconvenience would result to any party in interest,
they may grant permission for such work to be done within the hours
of 6:00 p.m. and 7:00 a.m., upon application being made at the time
the permit for the work is awarded or during the progress of the work.
[Amended 3-4-2003 by Res. No. 42-2003; 5-4-2010 by L.L. No.
3-2010; 10-1-2013 by L.L. No. 4-2014]
Any person, firm or corporation violating any of the provisions
of this chapter shall be guilty of an offense, punishable by a fine
of not less than $50 nor more than $100 for the first violation; by
a fine of not less than $100 nor more than $175 for a second violation
occurring within a twenty-four-month period from the date of the first
violation; by a fine of $250 for a third or subsequent violation occurring
within a twenty-four-month period from the date of the first violation
or by imprisonment for a definite term not to exceed 15 days, or by
both such fine and imprisonment, and each day on which such violation
continues shall constitute a separate violation.
[Adopted 8-5-1969 as Ch. 12, Art. VI, of the 1969 Code of Ordinances]
[Amended 4-6-1971 by Ord. No. 1971-12]
It shall be unlawful to maintain or operate any loudspeaker
or amplifier connected with any radio, phonograph, microphone, or
other device by which sounds are magnified and caused to be heard
over any public street or public place without first having been granted
a permit therefor from the Common Council.
[Amended 4-6-1971 by Ord. No. 1971-12]
Any person desiring a permit for the use or operation of any
device by which sounds are amplified, as provided in this article,
shall file an application therefor with the City Clerk, setting forth
the name and address of the applicant, the name and owner of such
device, the date upon which it is intended to be used, the purpose
for which it is intended to be used, and such other information as
may be required by the City Clerk.
[Amended 4-6-1971 by Ord. No. 1971-12]
The fee for permits to be granted under this article, which
fee is to be paid to the City Clerk at the time the permit is issued
by the City Clerk to the person to whom it has been granted by the
Common Council, shall be as follows:
A.Â
Fixed location. For the use or operation of any radio, phonograph,
microphone or other device by which sounds are magnified and caused
to be heard over any public street or public place from any one fixed
location and not in, or mounted upon a motor vehicle, the sum of $250
for any day or part of a day for which the applicant desires permission
hereunder.
(1)Â
Commercial/business.
For the use by which sounds are magnified and caused to be heard over
any public street or public place, the sum of $100 for the season
January 1 through December 31 or $25 for a single event.
[Added 5-5-2015 by L.L.
No. 6-2015]
(a)Â
No person granted a permit hereunder shall use or operate or employ
any device by which sounds are magnified in public street or public
place except between the hours of 10:00 a.m. and 10:00 p.m.
(b)Â
The City shall be notified on or before the Wednesday prior to a
Council Meeting stating the place, date, time and person in charge
of the event.
B.Â
Mounting upon motor vehicle. For the use or operation of any radio,
phonograph, microphone or other device by which sounds are magnified
and caused to be heard over any public street or public place to be
used in, or mounted upon, a motor vehicle, the sum of $500 for any
day or part of a day for which the applicant desires permission hereunder.
[Amended 4-6-1971 by Ord. No. 1971-12]
Any service club, religious organization, charitable organization
or educational institution shall be exempt from the payment of a fee
for any permit granted hereunder provided the purpose for which such
permit is intended to be used will promote the general health, safety
and welfare of the community and said club, organization or institution
complies with all other regulations and restrictions of this article.
No person granted a permit hereunder shall use or operate or
employ any device by which sounds are magnified or caused to be heard
over any public street or public place except between the hours of
10:00 a.m. and 6:00 p.m. No such person shall use, operate or employ
any such device on Sundays or within a radius of two blocks from any
hospital or nursing home or within a radius of two blocks from any
church while funeral services are being held there. No such person
shall cause or permit to be emanated or emitted from any such device
any lewd, obscene, profane or indecent language or sounds or any false
representation of any matter, produce or project advertised thereby,
the sale of which is prohibited by any law, ordinance or statute.
Any permit issued under the provisions of this article may be
revoked for any violation of the provisions of this article; in such
event the application fee shall be deemed forfeited.
[Amended 5-4-2010 by Res. No. 101-2010; 5-4-2010 by L.L. No.
3-2010]
Any person, firm or corporation violating any of the provisions
of this chapter shall be guilty of an offense, punishable by a fine
of not less than $50 nor more than $100 for the first violation; by
a fine of not less than $100 nor more than $175 for a second violation
occurring within a twenty-four-month period from the date of the first
violation; by a fine of $250 for a third or subsequent violation occurring
within a twenty-four-month period from the date of the first violation
or by imprisonment for a definite term not to exceed 15 days, or by
both such fine and imprisonment, said penalties being in addition
to revocation of license, and each day on which such violation continues
shall constitute a separate violation.
