Town of Lewiston, NY Chapter 236 Noise

[HISTORY: Adopted by the Town Board of the Town of Lewiston 5-13-1996 by L.L. No. 2-1996 (Ch. 19E of the 1965 Code); amended in its entirety 10-22-2012 by L.L. No. 1-2012. Subsequent amendments noted where applicable.]

§ 236-1 Definitions.

As used in this chapter, the following words and phases shall be defined as set forth below:

AMBIENT SOUND

An all-encompassing composite of sounds from many sources associated with a given environment.

AUDIBLE

That sound which can be heard by a person of normal hearing ability.

COMMERCIAL PROPERTY

Any property currently or hereinafter zoned for any classification of business or commercial zoning according to the Zoning Map of the Town of Lewiston[1] or any facility or property used for activities involving the furnishing or handling of goods or services, including but not limited to:

A. Commercial dining.

B. Off-road vehicle operation, such as repair and maintenance.

C. Retail services.

D. Wholesale services.

E. Banking and office activities.

F. Recreation and entertainment.

G. Community services.

H. Public services.

I. Other commercial activities.

CONSTRUCTION

Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition of building or structures.

CONTINUOUS SOUND

Any sound that is not an impulsive sound.

EMERGENCY WORK

Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone and sewer facilities and public transportation, removing fallen trees on public rights-of-way and abating life-threatening conditions.

IMPULSIVE SOUND

A sound characterized by brief excursions of sound which significantly exceeds the ambient sound.

INDUSTRICAL PROPERTY

Any facility or property used for activities involving the production, fabrication, packaging, storage, warehousing, shipping or distribution of goods, including any property currently or hereinafter zoned for any classification of industrial zoning according to the Zoning Map of the Town of Lewiston.[2]

NOISE DISTURBANCE

Any sound that:

A. Endangers the safety or health of any person.

B. Disturbs a reasonable person of normal sensitivities.

C. Endangers personal or real property.

PERSON

Any firm, partnership, corporation, association or individual.

PUBLIC RIGHT-OF-WAY

Any street, avenue, boulevard, road, highway, sidewalk, alley or similar place that is owned or controlled by a government entity.

PUBLIC SPACE

Any real property or structures therein that are owned or controlled by a governmental entity.

REAL PROPERTY LINE

A. The imaginary line, including its vertical extension, that separates one parcel of real property from another; or

B. The vertical and horizontal boundaries of a dwelling unit that is in a multidwelling building.

RESIDENTIAL PROPERTY

Any property used for human habitation.

SOUND DEVICE OR APPARATUS

Any radio or apparatus or any device or apparatus for the amplification of sounds from any radio, phonograph or other sound-making or sound-producing device or any device or apparatus for the reproduction or amplification of the human voice or other sounds.

SOUND SOURCE

Any person, animal, device, operation, process, activity, or phenomenon which emits or causes sound.

[1] Editor's Note: The Zoning Map is on file in the Town offices.

[2] Editor's Note: The Zoning Map is on file in the Town offices.

§ 236-2 Prohibitions.

A. No person shall cause, suffer, allow or permit to be made verbally, electronically or mechanically any noise disturbance.

B. No person shall cause, suffer, allow or permit the following acts:

(1) Sound device or apparatus: operating, playing or permitting the operation or playing of any sound device or apparatus as defined in § 236-1 in such a manner as to create a noise disturbance; the operation of any such device between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be audible at a distance of 50 feet from the building, structure, vehicle or area in which it is located.

(2) Commercial music: music originating from or in connection with the operation of any commercial facility, establishment or enterprise between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be audible across a real property line. That such sound is audible and its source determinable at such real property line by anyone empowered to enforce this chapter shall be sufficient to establish that a violation of this section has been committed.

(3) Animal 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 real property line. For the purpose of this section, a "noise disturbance from an animal or bird" shall be defined as the making of any sound which is audible across a real property line for 15 minutes in any one-hour interval.

(4) Motor vehicle repairs and testing: repairing, rebuilding, modifying or testing any motor or engine in such a manner as to create a noise disturbance across a residential area property line between the hours of 6:00 p.m. and 7:00 a.m., Monday through Saturday or at any time on Sunday.

(5) Construction: operating or permitting the operation of any tools or equipment used in construction, drilling, earthmoving, excavating or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on weekends or legal holidays, except for:

(a) Emergency work.

(b) When it is the result of the operation of any said equipment by or for any municipal agency.

(c) The noise from building construction activity between the hours of 8:00 a.m. to 8:00 p.m. on weekdays and 9:00 a.m. to 8:00 p.m. on weekends and legal holidays.

(6) Standing motor vehicles: operating or permitting the operation of any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds or any auxiliary equipment attached to such a vehicle for a period longer than five minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion on a public right-of-way or public space or for emergency purposes, within 150 feet of a residential area between the hours of 10:00 p.m. and 8:00 a.m. the following day.

§ 236-3 Commercial and business advertising.

A. 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.

B. It shall be unlawful for any person to operate or drive or to employ, procure or induce another to operate, drive, lend, lease or donate any automobile, truck or other type of vehicle or to operate or aviate or procure or induce another to operate, aviate, lend, lease or donate any airplane or other type of flying device or commercial or business advertising by means of any sound device or apparatus in violation of this chapter.

C. The use of the name of any person or of any proprietor, vendor or exhibitor or the use of any trade business or corporate name in connection with such commercial or business advertising shall be presumptive evidence that such advertising was conducted by reasons of employment, procurement or induction on the part of said person, proprietor, vendor or exhibitor or the person or persons represented by said trade, business or corporate name.

§ 236-4 Exceptions.

The provisions of this chapter shall not apply to:

A. The emission of sound for the purpose of alerting persons to the existence of an emergency or the creation of sound in the performance of emergency work.

B. Noise from noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way.

C. Noise from municipally sponsored celebrations or events.

D. The sound created by bells or chimes associated with a church, synagogue or any other place of public worship.

E. The sound created by public utilities in carrying out the operation of their function.

F. The sound created by any parade, fair, sporting event, entertainment or other event sponsored by any public organization or private school, provided that such event shall take place between the hours of 7:00 a.m. and 11:00 p.m.

G. The sound created by animals in a kennel when the kennel owner has taken all reasonable steps to temper that sound.

H. The sound emanating from any tractors, trucks, combines or any other machinery used for agricultural purposes while planting, harvesting or tending to crops being grown on land zoned for such agricultural purposes.

I. Snow-removal equipment.

J. The noise from domestic power tools, lawn mowers and agricultural equipment, when operated with a muffler, between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays.

K. The noise from construction activity between the hours of 8:00 a.m. and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends and legal holidays.

L. The noise from snowblowers, snow throwers and snowplows, when operated with a muffler, for the purpose of snow removal.

M. The noise from a burglar alarm of any building or motor vehicle, provided that such burglar alarm shall terminate its operation within 15 minutes after it has been activated and shall not operate more than 15 minutes in any one-hour period.

§ 236-5 Penalties for offenses.

Any person who shall violate any of the provisions of this chapter shall be guilty of an offense, and such violations shall be punishable by a fine of not less than $100 for the first offense, not less than $200 for the second offense and not less than $500 for the third and subsequent offenses or imprisonment of not more than 15 days, or both.