[HISTORY: Adopted by the Town Board of the
Town of Cicero 5-24-1976; amended in its entirety 1-12-2011 by L.L. No.
2-2011. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Noise Control Law of the
Town of Cicero."
It is hereby declared to be a Town policy to prevent unreasonable
noise and to reduce unreasonable noise level within the Town so as
to preserve, protect and promote the public health, safety and welfare
of the residents within the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Any ambulance, police vehicle and civil defense emergency
vehicle.
Any activity necessary or incidental to the erection, reconstruction,
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, earthmoving excavating, blasting,
filling and landscaping, but not including agriculture.
A public calamity, utility services failure or an exposure
of any person or property to actual or imminent danger.
Any vehicle operated or driven upon the public highway which
is propelled by any power other than muscular power, except electrically
driven wheelchairs being operated or driven by a handicapped person,
vehicles which run only upon rails or tracks and snowmobiles.
A device consisting of a series of chambers of baffle plates
or other mechanical design for the purpose of receiving exhaust gas
from a sound source and effective in reducing noise.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds, including but not limited to television
and radio receiving sets; portable audio equipment such as tape players,
radios, and compact disc players; phonographs; musical instruments;
loudspeakers; sound amplifiers; motor vehicle audio sound systems
including tape players, radios and compact disc players; and other
machines and devices for the production or reproduction of sound.
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.
No person shall make, continue or cause or permit to be made,
verbally or mechanically, any unreasonable noise. It shall not be
a defense hereto that the person does not reside at the property.
Nonresident owners shall take all reasonable steps to prevent a violation
hereof, including but not limited to placing signs prohibiting trespassing,
posting regulations or orders, seeking the removal of the parties
making the noise and authorizing the Town to investigate and enforce
this chapter and any other related ordinance or local law.
The following noises are declared to be unreasonable noises
in violation of this chapter; however, such enumeration shall not
be deemed to be exclusive.
A.
Noise caused by shouting, yelling, whistling, singing or other vocal
exclamations between the hours of 10:00 p.m. and 7:00 a.m. in, on,
near or adjacent to any public street, park or place in the Town of
Cicero so as to be distinctly audible an create a disturbance or nuisance
in any such public street, park or place in the Town of Cicero, or
in such a manner as to create a disturbance or nuisance to neighbors
in a one- or two-family dwelling or a multiple-family dwelling, including
hotels and motels.
B.
Noise associated with the use or operation of, or permitting to be
played, used or operated any sound device in such a manner as to be
plainly audible at a distance of 50 feet from such sound device or
a distance of 50 feet from the building, structure or vehicle in which
such sound device is located, whichever is greater, or in such a manner
as to create a disturbance or nuisance to neighbors in a one- or two-family
dwelling or a multiple-family dwelling, including hotels and motels.
C.
Noise associated with the sounding of any horn or signaling device
on any vehicle, motorcycle, bus or other device, except as a warning
signal pursuant to the provisions of § 375 of the Vehicle
and Traffic Law of the State of New York.
D.
Noise associated with the use and operation of motor vehicles, motorcycles,
snowmobiles and motor scooters in such a manner that noise in excess
of normal sounds of operation are created, including but not limited
to the squealing or screeching or other sounds caused by tires in
contact with the ground or other roadway surface because of rapid
acceleration, braking or excessive speed around corners or because
of such other reasons.
E.
Noise associated with the discharge into the open air of the exhaust
of any steam engine or motor vehicle engine, except through a muffler
or other device which will prevent loud or explosive noises therefrom
by reason of its design or operations.
F.
Noise associated with the private rebuilding, tuning and testing
of motor vehicles on private property and public streets, other than
at duly established garages or race tracks designed for the building,
tuning and testing of such vehicles.
G.
Noise originating from residential property relating to temporary
projects for the maintenance or repair of homes, grounds and appurtenances,
including but not limited to sounds from lawn mowers, power hand tools,
snow removal equipment and composters, between the hours of 9:00 p.m.
and 7:00 a.m.
H.
Noise associated with the keeping of any animal or bird, except livestock
kept on operating farms, which frequently or for continued duration
makes sounds which create an unreasonable noise to emanate across
a residential real property boundary or otherwise unreasonably disturb
the comfort or repose or damage the business of persons residing or
conducting business in the immediate vicinity thereof, or their guests
or customers. For purposes of this chapter, a "barking dog" may be
defined as a dog that barks continuously for 10 minutes or intermittently
for 30 minutes. This subsection shall be enforced by the Dog Control
Officer during regular business hours.
I.
Noise associated with any construction activity before 7:00 a.m.
or after 8:00 p.m. on weekdays, before 8:00 a.m. or after 8:00 p.m.
on Saturday, or during any time on Sunday, unless otherwise exempted
under this chapter.
J.
Noise on the streets adjacent to any school, institution of learning
or court while the same is in session or adjacent to any hospital
or nursing home, which unreasonably interferes with the workings of
such institution, provided conspicuous signs are displayed in such
streets indicating that the same is a school, court, hospital or nursing
home, upon the complaint of a representative of such school, court,
hospital or nursing home.
K.
Noise caused by noisemaking devices, explosives or mechanisms designed
to alarm or frighten birds and animals (commonly referred to as corn
poppers), used between the hours of 1/2 hour after official local
sunset time and 1/2 hour before local sunrise time.
L.
Noise caused by audible burglar alarms unless such alarm automatically
terminates its operation within 15 minutes after it has been activated
and does not operate more than 15 minutes in any one-hour period.
The requirements, prohibitions and terms of this chapter shall
not apply to:
A.
Sounds associated with any authorized emergency vehicle when responding
to an emergency call or acting in time of emergency or drill procedure
or created by any government agency by use of public warning devices,
including alerting sirens or horns used to alert volunteer firefighters.
B.
Sounds associated with the operation of any motor vehicles or equipment
when responding to an emergency or declared state of emergency.
C.
Sounds created by any organ, bells, chimes or any other similar instrument
or device of any church, synagogue or school on or within its own
premises in connection with religious rites or ceremonies of such
church or synagogue or in connection with a school education program.
D.
Sounds created by mechanisms or devices used in home and real property
maintenance, repair and improvement, including but not limited to
lawn mowers, hedge clippers, power saws, snow removal equipment, rototillers
and other manual and power tools and household appliances, so long
as such mechanisms or devices are used between the hours of 7:00 a.m.
and 9:00 p.m.
E.
Sounds created by construction activity during the weekdays between
7:00 a.m. and 8:00 p.m. or between 8:00 a.m. and 8:00 p.m. on Saturdays.
F.
Sounds created by the exercise of commercial activities to the extent
that such sounds are already controlled by the Town of Cicero through
site plan approval, special permit or otherwise.
G.
Sounds created by emergency construction or repair work authorized
or performed by the Town of Cicero, any incorporated village within
the Town of Cicero, the County of Onondaga, the State of New York
or any recognized utility serving the area.
H.
Sounds associated with those activities of a temporary duration permitted
by law and for which a permit or variance has been granted by the
Town under this chapter, including but not limited to regularly scheduled
events at parks, schools or other public property, parades, funeral
processions and religious ceremonies, musical performances, fireworks
displays and any publicly sponsored and/or authorized sporting, entertainment
or public events.
The Town Board for the Town of Cicero shall have the authority
to grant special variances, issue special permits and/or suspend any
of the provisions of this chapter 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 Town of Cicero.
Any person or organization committing an offense against any
provisions of this chapter shall, upon conviction, be guilty of a
violation pursuant to the laws of the State of New York punishable
by a fine not exceeding $250 for the first offense, and $375 for the
second offense within a six-month period. For the third and each subsequent
offense within a six-month period, each violation shall be punishable
by a fine up to the maximum sum of $500 or imprisonment up to a maximum
term of six months, or both such fine and imprisonment. The continuation
of an offense for each day (24 hours) shall be deemed a distinct and
separate offense.
The provisions of this chapter shall be enforced by the Town
of Cicero Police Department and/or the Codes Enforcement Officer of
the Town of Cicero, who shall have the power to order any person to
cease and desist from activity that is a violation, issue warnings,
and issue appearance tickets and to bring complaints before the Justice
Court of the Town of Cicero for violation of this chapter.
