[Code 1964, § 16-10(a)—(e)]
(a)
Findings and purpose.
(1)
The Common Council finds that the driving, riding and use of
motorcycles, motor-driven cycles and off-highway motor vehicles on
public and private property within the limits of the City is the cause
of noise and dust and of the destruction of plants, landscaping and
other real and personal property, and this conduct adversely affects
the comfort and privacy of the residents of the City. Because the
conduct may be intermittent, fleeting, moving or caused by persons
who are minors, other provisions of this Code as well as other legal
remedies are inadequate to control this conduct and its adverse effects.
The provisions of this section relating to the regulation of motorcycles,
motor-driven cycles or off-highway motor vehicles are therefore necessary
for the public welfare.
(2)
The Common Council declares that the purpose of this section
is to exercise the general police power in order to protect the enjoyment
and use of public and private property, to protect the rights of privacy,
to preserve property and personal values, to promote peace and quiet
and to provide management for and promote proper recreational use
of motorcycles, motor-driven cycles or off-highway motor vehicles
within the City.
(3)
This section shall not apply to the driving, riding and use
of motorcycles, motor-driven cycles or off-highway motor vehicles
on streets and highways or in other areas which are specifically governed
or preempted by this Code or the motor vehicle laws of the state.
(b)
PROPERTY
VEHICLE
Definitions. In this section, the following definitions shall apply:
Any public or private property which is not an improved public
street or highway or an improved private street constructed in accordance
with City standards and approved by the City.
A motorcycle, motor-driven cycle or motor vehicle including,
but not limited to, motor scooters, motorbikes, minibikes and snowmobiles.
(c)
Use. It shall be unlawful for any person to drive or ride any vehicle
upon any property which is within 660 feet of a residence or other
occupied structure or property authorized for motorcycle use as required
in this section, except that this subsection shall not apply in the
following instances:
(1)
Where the vehicle is ridden, driven or used upon property by
the owner, resident or tenant of the property, and provided that the
operation shall not be within 660 feet of the neighboring residences
or occupied structures unless permission has been granted by the neighboring
residents or occupants.
(2)
Where the vehicle is ridden, driven or used by a visitor when
the visitor is accompanied by or has in the visitor's possession a
copy of a written authorization from the owner or occupant of the
property, and provided that operation shall not be within 660 feet
of the neighboring residences or occupied structures unless permission
has been granted by the neighboring residents or occupants.
(3)
Where the use is permitted pursuant to the zoning requirements
of the City.
(d)
Mufflers. It shall be unlawful for any person to drive, ride or use
a vehicle upon any property unless the vehicle is at all times equipped
with an adequate muffler in constant operation and properly maintained
so as to meet the requirements of the motor vehicle laws of the state,
as the same now exist or may hereafter be amended, and no muffler
exhaust system shall be equipped with a cutout, bypass or similar
device.
(e)
Other regulations. The regulations contained in this section do not
supersede or preclude the enforcement of zoning regulations or any
other regulations contained in this Code which are applicable to any
conduct regulated by this section.
[Code 1964, § 16-13.2]
It shall be unlawful for any person to sell alcoholic beverages
in the City's streets, sidewalks, playgrounds, parks and rights-of-way.
This section shall not apply in certain circumstances where permission
is obtained by a resolution adopted by the Common Council.
[Code 1964, § 16-13.3(a)—(d)]
(a)
Legislative intent. It is the intent of the City, as an exercise
of its police power, to promote the general health, safety and welfare
of the residents and inhabitants of the City by enacting this section
since it is the finding of the Common Council that the possession
of open containers of alcoholic beverages by persons on certain public
lands, except under controlled conditions, is detrimental to the health,
safety and welfare of the residents of the City in that possession
of open containers contributes to the development of unsanitary conditions
and the creation of nuisances including, but not limited to, littering
and raucous or other disorderly behavior. It is further the intent
of the Common Council that this section not be considered as a traffic
regulation insofar as it relates to motor vehicles or the operation
of motor vehicles.
(b)
ALCOHOLIC BEVERAGE
CONTAINER
PUBLIC LAND
SIDEWALK CAFE
Definitions. In this section, the following definitions shall apply:
Beer, wine and liquor and other alcoholic beverages as more
specifically defined by the Alcoholic Beverage Control Law.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
Any highway, street, park, sidewalk, cemetery, playground,
parking area, school ground, exterior premises and adjoining property
of any building duly licensed to sell alcoholic beverages within the
building or other public place of any nature within the limits of
the City.
Any establishment located within the City that uses the outer
portions of its property that adjoins any highway, street or sidewalk
or other public place within the City and that is conducted by a patriotic,
political, church, neighborhood or similar organization.
(c)
Prohibition.
(1)
Except as otherwise provided by law or ordinance duly adopted
by the Common Council, no person shall carry, transport or have in
the person's possession on or in any public land within the City any
open or unsealed container containing an alcoholic beverage.
(2)
No person shall consume any alcoholic beverage on any public
land within the City.
(3)
No person shall have within the person's possession for the
purposes of consumption on public lands by either the person or another
person any open or unsealed container containing an alcoholic beverage
on any public lands within the City.
(4)
No person shall place, deposit, leave, abandon, break, smash
or destroy any container in, on or upon any public land within the
limits of the City except in a waste receptacle placed on public land
for the purpose of depositing or discarding waste material.
(d)
Exceptions.
(1)
The provisions of this section that prohibit the carrying, transporting,
consuming or possessing of alcoholic beverages in an open container
shall not apply if special permission has been granted by a resolution
adopted by the Common Council and, if required, by the State Liquor
Authority.
[Amended 4-18-2012 by Ord. No. 100]
(2)
The prohibitions of this section shall not apply to the transportation
of an unsealed but not open container across public lands of the City
from one point to another, with no intent to consume the contents
of the open container while upon public lands.
(3)
Sidewalk cafes are exempt from the application of Subsection
(c)(1), (2) and (3) of this section.
(4)
Block parties, block dances and special events are exempt from
the application of Subsection (c)(1), (2) and (3) of this section.
[Code 1964, § 16-15]
No person shall spit or expectorate upon any sidewalk in the
City or upon the floor or wall of any public building or public conveyance.
[Ord. No. 217, 11-5-2003]
(a)
Restrictions. It shall be unlawful for any person or persons to disobey
a request by a police officer to move on when such person or persons
are standing or loitering within 50 feet of a retail establishment
licensed under the Alcoholic Beverage Control Law, which sells alcoholic
beverages for consumption on- or off-premises, in such a manner that
such person or persons obstruct free passage on or along the street
or sidewalk.
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The fifty-foot distance mentioned in this section is to be measured
along the street or other public way in both directions from the center
of the main entrance, or any other entrance used by the public, of
the retail establishment
| |
|
Nothing contained in this section is intended to prevent property
owners or their guests from sitting on their front steps or standing
on their sidewalk in front of their property, regardless of whether
or not the property is within the fifty-foot line
|
(b)
Penalty. Any person committing an offense against this article shall
be guilty of an offense punishable by a fine not to exceed $500 in
amount, or imprisonment not to exceed 15 days or both such fine and
imprisonment, or to a penalty not exceeding $500 to be recovered by
the City in a civil action.
(c)
Severability. Should any section or provision of this article be
declared to be unconstitutional or invalid by the courts, such decision
shall not affect the validity of the balance of this article.
[Added 7-11-2012 by Ord.
No. 144]
(a)
As
used in this section, "synthetic drug" means any product, whether
described as tobacco, potpourri, herbs, incense, spice, aromatic,
bath salts, synthetic marijuana, synthetic stimulant or any combination
thereof, and whether marketed for the purpose of being ingested otherwise
marketed, which includes, but is not limited to, one or more of the
following hallucinogenic substances:
(1)
1-Pentyl-3-(1-naphthoyl) indole; some trade or other names: JWH-018;
or
(2)
1-Butyl-3-(1-naphthoyl) indole; some trade or other names: JWH-073;
or
(3)
1-[2-(4-morpholinyl) ethyl]-3-(1-naphthoyl) indole; some trade or
other names: JWH-200: or
(4)
5-(1.1-dimethyloctyl)-2-[1R,3S)-3-hydroxycyclohexyl]-phenol; some
trade or other names: CP-47, 497; or
(5)
5-(1.1-dimethyloctyl)-2-1[1R.3S)-3-hydroxycyclohexyl]-phenol; some
trade or other names: cannabicyclohexanol; CP-47, 497 C8 homologue;
or
(6)
4-methylmethcathinone (Mephedrone).
(7)
3, 4-methylenedioxypyrovalerone (MDPV).
(8)
Any substance prohibited in an Order for Summary Action in the Matter
of the Sale and Distribution of Synthetic Cannabinoids issued by the
New York State Department of Health, dated March 28, 2012, and any
similar order subsequently issued by the State of New York Department
of Health.
(9)
Any synthetic drug analog, which shall mean a substance:
a.
The chemical structure of which is substantially similar to the chemical
structure of a synthetic drug as described above.
b.
Which has a stimulant, depressant, or hallucinogenic effect on the
central nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect on the central
nervous system of a synthetic drug as described above.
c.
With respect to a particular person, which such person represents
or intends to have a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or
greater than the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a synthetic drug as described above.
(b)
No
person shall sell, offer for sale, give away, barter, exchange or
otherwise furnish or provide any synthetic drug in the City of Utica,
New York.
(c)
No
person shall be in the possession of any synthetic drug within the
City of Utica, New York, unless said synthetic drug is expressly prescribed
to said person by a physician, psychiatrist or person otherwise duly
licensed and authorized to prescribe medication within the State of
New York, and at the time of the alleged violation, the person in
possession of the synthetic drug is able to provide written proof
to the law enforcement officer(s) that the synthetic drug was so prescribed.
(d)
Any person who violates any of the requirements of this section or any regulation promulgated hereunder shall be subject to the fines and/or penalties set forth in the Utica Code of Ordinances, Sec. 2-1-7. With regard to the sale of synthetic drugs, each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
(e)
In
the event that any provision or aspect of this section is deemed unconstitutional,
illegal or otherwise unenforceable by a court of competent jurisdiction,
said provision or aspect shall be deemed severed from and no longer
a part of this section, such that any provision or aspect not deemed
unconstitutional, illegal or otherwise unenforceable shall remain
in full force and effect.
[Code 1964, § 16-9(o)]
The following words, terms and phrases, when used in this division,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The sound pressure level of the all-encompassing noise associated
with a given environment, being usually a composite of sounds from
many sources and excluding the specific noise under investigation;
the A-weighted, sound pressure level exceeded 90% of the time (L90).
The sound pressure level as measured on an ANSI sound level
meter using the A-weighted network. It is the approximate noise level
as heard by the human ear, measured in decibels and denoted as db(A).
Any site preparation, assembly, erection, substantial repair,
alteration or similar action, for or of public or private rights-of-way,
structures, utilities or similar property.
7:00 a.m. until 10:00 p.m. on weekdays and 8:00 a.m. until
10:00 p.m. weekends, unless otherwise stated in this division.
The logarithmic unit of measure used in describing the relative
intensity of sound and denoted as db.
Any dismantling, intentional destruction or removal of structures,
utilities, public or private right-of-way surfaces or similar property.
Power tools used for the purpose of completing hobby projects,
home improvement projects and any other projects which are not used
or sold for profit.
Authorized publicly or privately owned ambulances or motor
vehicles belonging to a fire or police department or to any federal,
state, parish or municipal agency, provided the vehicles are in use
as emergency vehicles by one authorized to use the vehicles for that
purpose.
Sound of short duration, usually less than one second, with
an abrupt onset and rapid decay. Examples of sources of impulsive
sound include explosions, drop forge impacts and the discharge of
firearms.
The maximum A-weighted sound level allowed.
Any two- or more wheeled vehicle or machine, propelled or
drawn by mechanical power and used on the public roads and highways
in the transportation of passengers or property or any combination
thereof which is required to be licensed. "Motor vehicle" does not
include a vehicle, locomotive or car operated exclusively on a rail
or rails.
The hours from 10:00 p.m. until 7:00 a.m. weekdays and 10:00
p.m. until 8:00 a.m. weekends, unless otherwise stated in this division.
Any sound which exceeds the maximum permissible sound levels by land use categories as given in Section 2-15-62.
Posted, designated quiet zones containing, but not limited
to, operations of schools, libraries open to the public, churches,
hospitals and nursing homes.
Any sound for which the information content of that sound
is unambiguously communicated to the listener, such as, but not limited
to, understandable spoken speech, comprehension of whether a voice
is raised or normal or comprehensible musical rhythms.
Any machine, tool or similar device driven or operated by
a motor.
Any self-propelled airborne, waterborne or landborne model
plane, model vessel or model vehicle which is not designed to carry
persons including, but not limited to, any model airplane, boat, car
or rocket.
An imaginary line at the ground surface and its vertical
extension which separates the immovable property owned or inhabited
by one person from that owned or inhabited by another person.
Any street, avenue, boulevard, highway, sidewalk, alley or
similar place normally accessible to the public which is owned or
controlled by a governmental entity.
Any equipment, machine, or device used for the sound amplification
of the human voice, music or any other sound.
In decibels, the A-weighted sound pressure level obtained
by use of a sound level meter as specified in American National Standards
Institute.
An instrument for measuring sound including a microphone,
amplifier, output meter and weighing network that is sensitive to
pressure fluctuations.
[Code 1964, § 16-9(a)]
The following noises are prohibited in the City:
(1)
The making and creating of an excessive or unusually loud noise or a noise which is unreasonable and objectionable because it is impulsive, continuous, rhythmic, periodic or shrill as heard without measurement with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk of public inconvenience, annoyance or alarm or heard and measured in the manner prescribed in Subsection (b) of Section 2-15-62 is declared to be unlawful except when made under and in compliance with a permit issued pursuant to Section 2-15-67. In proof of a violation of this division, evidence of noise heard and measured in the manner prescribed in Subsection (b) of Section 2-15-67 which is less than that required for a conviction by use of test or measurement as set out in Subsection (b) of Section 2-15-67 may be offered to prove a violation of this division as heard without measurement. The time and location of the noise as well as the characteristics of noise mentioned in this paragraph shall be considered in reaching a decision under this division.
(2)
It shall be unlawful for any person to operate or to allow to be
operated any source of sound or any type of vehicle including a power
model vehicle, machine, motor, model airplane or device or carry on
any other activity in such a manner as would be a violation of this
division.
[Code 1964, § 16-9(i)]
In addition to the general prohibitions set out in Section 2-15-57, the following specific acts are declared to be in violation of this division:
(1)
Animals and birds. It shall be unlawful to own or harbor any animal
or bird which frequently or for continued duration howls, barks, meows,
squawks or makes other sounds which create a noise disturbance prohibited
by this division.
(2)
Horns or signaling devices. It shall be unlawful to sound any horn
or signaling device on any street or public place for purposes other
than motor vehicle, driver or pedestrian safety.
(3)
Radios, televisions, musical instruments and similar devices. It
shall be unlawful to operate or play any radio, television, phonograph,
musical instrument, loudspeaker, sound-amplifying equipment or similar
device on a public right-of-way, in a public park or from a motor
vehicle which produces or reproduces sound in a manner as to be plainly
audible at a distance of 7.5 meters (25 feet). It shall be unlawful
to operate or play any radio, television, phonograph, musical instrument,
loudspeaker or similar device between 9:00 p.m. and 10:00 a.m. in
parks, playgrounds or recreation areas unless a permit has been issued
in accordance with Section 2-15-67.
(4)
Neighborhood businesses. Businesses operating in commercial areas and under nonconforming-use zoning within or adjacent to residential areas shall comply with the provisions of Section 2-15-63. Upon initial determination of a violation, a neighborhood business will be given three months to comply with the terms of this division if insulation or other major structural modifications are necessary for compliance. Nothing in this division shall relieve the business owner or manager from the responsibility of taking other reasonable actions directed at reducing noise levels upon determination of a noise violation.
(5)
Loudspeakers. It shall be unlawful to use or operate any loudspeaker,
loudspeaker system or similar device that is plainly audible upon
any street, alley, sidewalk, park or public property for the purpose
of commercial advertising or of attracting the attention of the public
to any building, structure or vehicle without a permit issued in accordance
with Section 2-15-67.
(6)
Power equipment. It shall be unlawful to operate or permit to be
operated any power equipment in residential zones outdoors between
the hours of 10:00 p.m. and 7:00 a.m. and on weekends between 10:00
p.m. and 8:00 a.m. During daytime hours, power equipment rated five
horsepower or less shall not exceed a sound level of 75 db(A) at a
distance of 50 feet. Power equipment rated more than five horsepower
shall not exceed a sound level of 82 db(A) at a distance of 50 feet.
(7)
Machinery, fans and air conditioners. It shall be unlawful to operate
or permit the operation of any stationary machinery, air conditioner,
air-handling equipment, fan or similar device in such a manner as
to exceed the permissible noise levels of Section 2-15-6 when measured
on receiving property. Stationary machinery, equipment, fans and air
conditioners shall have the following replacement schedule:
a.
Installed and operating sources of age 10 years or older shall comply
with the provisions of this division within a reasonable time period
upon determination of a violation condition. This time period shall
not exceed six months.
b.
Installed and operating sources of age five to 10 years shall comply
with the provisions of this division within a reasonable time period
upon determination of a violation condition. This time period shall
not exceed one year.
c.
Installed and operating sources under five years of age shall comply
with the provisions of this division within a reasonable time period
upon determination of a violation condition. This time period shall
not exceed two years.
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Nothing in this paragraph shall be interpreted in such a way
as to relieve the person responsible for the stationary machinery,
equipment, fan, air conditioning apparatus or any similar permanently
installed mechanical device from the responsibility of taking other
reasonable actions, other than replacement, directed at reducing noise
levels from these sources on receiving property
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(8)
Noise-sensitive quiet zones. It shall be unlawful to create or cause the creation of any noise, other than those noises exempted in Section 2-15-61, within 500 feet of any noise-sensitive zone so as to exceed the residential land use levels set forth in Section 2-15-63 when measured on the receiving property, provided that conspicuous signs are displayed indicating the presence of the quiet zone.
(9)
Vehicle repair and testing. It shall be unlawful for any person within any zone to repair, rebuild or test any vehicle in such a manner that the noise produced exceeds the loud use levels established in Section 2-15-63 when measured at the receiving property line.
(10)
Fireworks and explosives are unlawful to possess and/or use in the City of Utica without the issuance of a permit. Fireworks and explosives are unlawful in the City of Utica if they are in violation of §§ 270 and 405 of the Penal Law of the State of New York. No person shall bring into the City of Utica, or have in their possession illegal fireworks and explosives and shall not ignite them at their home, workplace, or place of employment and most specifically are forbidden in any park or playground, except at events sponsored and approved by the City of Utica by the issuing of a permit therefor, and this shall include any substance or compound or article having properties of such a character that alone or in combination or in contiguity with other substances or compounds may decompose suddenly and generate sufficient gas, heat, or pressure or any or all of them to produce rapid flame, combustion, or administer a destructive blow to surrounding objects, firework displays conducted with a permit issued by the City of Utica, and the use of any fireworks or explosives, without a permit are in violation of Section 2-15-62 of the Utica City Code. A violation of this section shall be prosecuted in the same manner as other violations of the City's codified ordinances.
[Added 8-12-2020 by Ord.
No. 182]
[Code 1964, § 16-9(1); Ord. No. 80, 5-17-2000]
Violations of this division shall be prosecuted in the same
manner as other violations of the City's codified ordinances.
[Code 1964, § 16-9(m)]
As an additional remedy to violation of this division, the operation
or maintenance of any device, instrument, vehicle or machinery which
causes discomfort or annoyance to reasonable persons of normal sensitiveness
or which endangers the comfort, repose, health or peace of residents
in the area shall be deemed and is declared to be a public nuisance
and may be subject to abatement summarily by a restraining order or
injunction issued by a court of competent jurisdiction.
[Code 1964, § 16-9(j)]
The following are exempt from the sound level limits of Section 2-15-63:
(1)
Domestic power tools, lawn mowers and agricultural equipment between
the hours of 7:00 a.m. and 10:00 p.m. weekdays and 8:00 a.m. and 10:00
p.m. on weekends.
(2)
Noises resulting from any authorized emergency vehicle when responding
to an emergency.
(3)
Safety signals and alarm devices, storm warning sirens or horns and
the authorized testing of such equipment. However, regarding burglar
alarms, no person shall operate or cause to be operated an audible
burglar alarm unless the alarm is capable of and shall terminate operation
within 30 minutes after the alarm is first activated.
(4)
Noises made during a parade or concert sponsored by the City or for
which a permit has been granted by the City.
(5)
Any noise resulting from activities of a temporary duration for which
a special permit has been granted pursuant to this division and which
conforms to the conditions and limits stated on the permit.
(6)
Noises from nonamplified church bells and chimes.
(7)
Interstate railway locomotives and cars.
(8)
Installation and maintenance of public and private utilities.
[Code 1964, § 16-9(b)]
For purposes of determining and classifying any noise as excessive or unusually loud as declared to be unlawful and prohibited by this division, the following test measurements and requirements may be applied; provided, however, a violation of Section 2-15-57 may occur without the following measurements being made as in the case of specific noises that are prohibited as enumerated in Section 2-15-58:
(1)
Noise occurring within the jurisdiction of the City shall be measured
at a distance of at least 25 feet from a noise source located within
the public right-of-way and, if the noise source is located on private
property or property other than the public right-of-way, at the property
line of the property on which the noise source is located.
(2)
The noise shall be measured on the A-weighted scale on a sound level
meter of standard design and quality and having characteristics established
by the American National Standards Institute. Instrument response
shall be "fast" for motor vehicle measurements and "slow" for all
other measurements.
(3)
For purposes of this division, measurements with sound level meters
shall be made when the wind velocity at the time and place of the
measurement is not more than five miles per hour or 25 miles per hour
with a wind screen.
(4)
In all sound level measurements, consideration shall be given to
the effect of the ambient noise level created by the encompassing
noise of the environment from all sources at the time and place of
the sound level measurement.
[Code 1964, § 16-9(c)-(e)]
(a)
RESIDENTIAL
COMMERCIAL
a.
b.
c.
d.
e.
f.
g.
LIGHT INDUSTRIAL
a.
b.
c.
d.
INDUSTRIAL
For purposes of this section, the zones shall be defined as follows:
An area of single-family or multifamily dwellings where businesses
may or may not be conducted in the dwellings. The zone includes areas
where multiple-unit dwellings, high-rise apartment districts and redevelopment
districts are located. A residential zone may include areas containing
accommodations for transients such as motels and hotels and residential
areas with limited office development, but it may not include retail
shopping facilities. "Residential zone" includes educational facilities,
hospitals, nursing homes and similar institutions.
A zone consisting of any of the following:
An area where offices, clinics and the facilities needed to
serve them are located.
An area with local shopping and service establishments located
within walking distances of the residents served.
A tourist-oriented area where hotels, motels and gasoline stations
are located.
A large integrated regional shopping center.
A business strip along a main street containing offices, retail
businesses and commercial enterprises.
A central business district.
A commercially dominated area with multiple-unit dwellings.
A zone consisting of any of the following:
An area containing clean and quiet research laboratories.
An area containing light industrial activities which are clean
and quiet.
An area containing warehousing.
An area in which other activities are conducted where the general
environment is free from concentrated industrial activity.
An area in which noise restrictions on industry are necessary
to protect the value of adjacent properties for other economic activity
but shall not include agricultural operations.
(b)
A noise measured or registered as provided in this division from
any source other than as provided in Section 2-15-67 at a level which
is equal to or in excess of the db(A) established for the time period
and zones listed in this section is declared to be excessive and unusually
loud and is unlawful.
|
Zone
|
7:00 a.m. to 10:00 p.m.
(db(A), Lmax)
|
10:00 p.m. to 7:00 a.m.
(db(A), Lmax)
| |
|---|---|---|---|
|
Residential
|
55
|
50
| |
|
Commercial
|
60
|
55
| |
|
Light industrial
|
70
|
65
| |
|
Industrial
|
80
|
75
|
(c)
When a noise source can be measured from more than one zone, the
permissible sound level of the more restrictive zone shall govern.
[Code 1964, § 16-9(f)]
Construction projects, including demolition, shall be subject to the maximum permissible noise levels specified for industrial zones in Section 2-15-63 for the period within which construction is to be completed pursuant to any applicable construction permit issued by proper authority or, if no time limitation is imposed, then for a reasonable period of time for completion of the project.
[Code 1964, § 16-9(h)]
Application for a permit for other than vehicular traffic for
relief from the noise level designated in this division on the basis
of undue hardship may be made to the Commissioner of Public Safety.
The noise abatement officer, if assigned, shall make recommendations
or comments to the Commissioner of Public Safety regarding hardship
permits before any permit is granted. Any permit granted by the Commissioner
of Public Safety shall be on a format determined by the Commissioner
and shall contain all conditions upon which the permit has been granted
and shall specify a reasonable time for which the permit shall be
effective. The Commissioner is authorized to designate a fee which
reasonably covers administrative costs incurred for the issuance of
the permit. The Commissioner may grant the relief as applied for if
the Commissioner finds:
(1)
That additional time is necessary for the applicant to alter or modify
the activity or operation to comply with this division.
(3)
That no other reasonable alternative is available to the applicant.
(4)
The Commissioner may prescribe any conditions or requirements deemed
necessary to minimize adverse effects upon the community or the surrounding
neighborhood.
