[HISTORY: Adopted by the Town Board of the Town of Onondaga 3-4-1991 by L.L. No.
2-1991. Amendments noted where applicable.]
It is hereby declared to be the policy of the Town Board to
prevent unreasonable, loud, disturbing and unnecessary noise and to
reduce the noise level within the Town so as to preserve, protect
and promote the public health, safety and welfare and to foster convenience,
peace and quiet within the Town by the inhabitants thereof. The Town
Board finds that every person is entitled to have maintained noise
levels which are not detrimental to life, health and the enjoyment
of property and that excessive and unnecessary noise within the Town
of Onondaga affects and is a menace to public health, safety, welfare
and the comfort of the people of the Town.
For the purposes of this chapter, the terms used herein are
defined as follows:
The sound level in decibels, reported as measured by a sound-level
measuring instrument having an A-weighting network which discriminates
against the lower frequencies according to a relationship approximating
the auditory sensitivity of the human ear. The level so read is designated
"dBA."
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."
Any building wherein there are two or more dwelling units.
Any sounds of such level and duration as to be or tend to
be injurious to human health or welfare or that would unreasonably
interfere with the enjoyment of life or property.
Either 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 multi-dwelling-unit
building.
Any property used for human habitation.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
The sound pressure level measured in decibels with a sound
level meter set for A-weighting; "sound level" is expressed in dBA.
An instrument for the measurement of noise and sound.
That which is not required by the usual circumstances.
The following sounds shall not be deemed to be a violation of
this chapter:
A.
Sounds created by church bells or chimes.
B.
Sounds created by any government agency or by the use of public warning
devices.
C.
Sounds created by lawn mowers, manual and power tools and household
appliances in use between the hours of 8:00 a.m. and 8:00 p.m., weekdays,
and 9:00 a.m. and 8:00 p.m., Saturdays and Sundays.
D.
Sounds created by carbide cannons, poppers or other scarecrow devices
used by a farmer having not less than 10 acres in crop cultivation
during growing season.
E.
Sounds created by public utilities in carrying out the operation
of their franchises.
F.
Sounds connected with sporting events of any public organization
or private school or authorized carnival, fair, exhibition, parade,
etc., allowed by permit of the Town Board or any other designated
authority of the Town, provided that noise shall be reduced between
the hours of 11:00 p.m. and 7:00 a.m.
G.
Sounds
emanating from property or activities of emergency response organization(s),
including, but not limited to, public and private fire departments,
and ambulance corps, whether during an actual emergency incident,
or while training or testing, including trucks, equipment, sirens,
horns or other devices used in connection with providing emergency
services to the general public.
[Added 3-19-2012 by L.L.
No. 2-2012]
A.
The following noises shall be prohibited:
(1)
Television, radio, phonograph or musical instruments: the operation
of any television, radio, phonograph, loudspeaker or use of any musical
instrument in such a manner or with such volume as to annoy or disturb
the quiet, comfort or repose of persons in any dwelling, apartment
or other type of residence.
(2)
Animals and birds: owning, possessing or harboring any animal or
bird that frequently or for continued duration makes sounds that create
a noise disturbance across a residential property line.
(3)
Automobile and other vehicles: the use of any automobile, motorcycle,
bus or vehicle so out of repair, so loaded or in such manner as to
create loud and unnecessary grating, grinding, rattling or other noise.
(4)
Exhaust of engines: the discharge into the open air of the exhaust
of any stationary internal-combustion engine or motor vehicle engine,
except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
(5)
Adjoining schools, churches or medical facilities: the creation of
any excessive noise on any street adjacent to a medical facility or
any school, church, institution of learning or court, while the same
is in session, which unreasonably interferes with the workings of
such institutions, provided that conspicuous signs are displayed in
such streets indicating the location of such institutions.
(6)
Loading and unloading vehicles: the creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates and containers.
(7)
Loudspeaker or noisemaking device: the use of any drum, loudspeaker
or other instrument or device for the purpose of attracting attention
to any sale or display of merchandise by the creation of noise.
(9)
Projecting noises outside buildings: the use of any radio apparatus,
loudspeaker or amplifier attached thereto in such manner that the
loudspeaker shall cause the sound from such radio apparatus to be
projected directly therefrom outside of any building or out-of-doors;
or the use of any radio apparatus, loudspeaker or amplifier which
is in any way fastened to or connected with any outside wall or window
in any building or structure so that the sound therefrom is projected
outside of such outside wall or window. Nothing herein contained shall
be construed to prevent the operation of a radio apparatus used in
a reasonable manner by any person within any building or structure,
provided that said radio apparatus or loudspeaker is not so arranged
that such loudspeaker shall project the sound therefrom directly outside
of any building or out-of-doors.
(10)
Noise in conduct of business: the creation of any unnecessary
noise in the operation, conduct and/or maintenance of any commercial
enterprise, project, business, factory, plant, yard or manufacturing
establishment, including excavating, earthmoving, construction, demolition,
blasting (where permitted), grinding, breaking, crushing or processing
of any substance or material.
(11)
Advertising sound device prohibitions. It shall be unlawful
for any person to use or operate or cause to be used or operated any
sound device or apparatus in, on, near or adjacent to any public street,
park or place for commercial or business advertising purposes or for
any person to operate or drive any automobile, truck or other vehicle
for commercial or business advertising using a sound device or apparatus.
The use of any person, trade, business or corporate name for business
advertising shall be presumptive evidence that such advertising was
conducted by that person, trade, business or corporation.
B.
The following provisions shall apply in addition to those set forth in Subsection A above:
(1)
Except in the case of urgent necessity in the interest of public
health, safety or welfare, as determined by the Codes Enforcement
Officer, the following shall be prohibited between the hours of 8:00
p.m. and 7:00 a.m. on any day and on any Sunday, New Year's Day,
Memorial Day, July 4, Labor Day, Thanksgiving and Christmas:
(a)
Blasting.
(b)
The erection or demolition of any building or structure for
which a permit is required under any applicable law, rule or regulation.
(c)
The excavation, grading, crushing, removal, placement or deposit
of earth, rock, stone, asphalt or concrete by use or means of any
mechanized equipment or motor vehicle.
(2)
No person shall operate or cause to be operated any mechanism, device
or equipment, including any engine, motor, amplifier, speaker, bell,
horn, drum, hoist, pump, fan, air-conditioning apparatus or similar
mechanical device, in such a manner as to create a noise at the offender's
property line exceeding the following levels:
(3)
Readings on an appropriate instrument using the slow response are
valid readings for the purpose of this chapter. The readings will
be valid if the operator of the instrument, in his expert opinion,
reads them as specific decibel levels even though fluctuations above
and below the readings exist.
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.
This chapter shall be administered and enforced by the Codes Enforcement
Officer of the Town of Onondaga.
L.L. No. 1-1969 of the Town of Onondaga, adopted by the Town
Board on August 20, 1969, and all amendments thereto, is hereby repealed.