This chapter shall be known and may be cited as the "City of
Ithaca Noise Ordinance."
The purpose of this chapter is to preserve the public health,
peace, welfare and good order by suppressing the making, creation
or maintenance of excessive, unnecessary, unnatural or unusually loud
noises which are prolonged, unusual and unnatural in their time, place
and use and which are detrimental to the environment. It is also the
purpose of this chapter to allow all residents of the City to coexist
harmoniously in a manner which is mutually respectful of the interests,
rights and obligations of all persons.
Unless the context otherwise clearly indicates, the words and
phrases used in this chapter are defined as follows:
The sound pressure level in decibels as measured on a sound
level meter using the A-weighted network. The level so read is designated
"dBA." All references to "decibel" shall be presumed to mean "dBA"
unless otherwise specified.
The American National Standards Institute or its successor
bodies.
Any sound that is not impulse sound.
The hours between 7:30 a.m. and 10:00 p.m., local time, on
any day.
The A-weighted sound level in decibels.
A unit for measuring the volume of a sound, equal to the
logarithm of the ratio of the sound pressure of the sound to the sound
pressure of a standard sound (0.0002 microbar); abbreviated "dB."
Work made necessary to restore property to a safe condition
following a public calamity or work necessary to protect persons or
property from an imminent exposure to danger.
A sound of short duration, usually less than one second,
and of high intensity, with an abrupt onset and rapid decay.
Includes but is not limited to automobiles, trucks, buses,
mopeds, minibikes and any other vehicles as defined by the Vehicle
and Traffic Law of the State of New York, as it may be amended from
time to time.
Any distinct parcel of land that is used for more than one
category of activity (e.g., commercial and residential).
The hours between 10:00 p.m., local time, on any day and
7:30 a.m. on the following day.
Includes the singular and plural and also any individual;
any property owner and/or lessee; any firm; a corporation; a political
subdivision; a government agency, including any agency of the City
of Ithaca; an association or an organization, including but not limited
to officers, directors, employees, agents and/or independent contractors
thereof; or any legal entity whatsoever.
Either:
The vertical boundary that separates one parcel of property
(i.e., lot and block) from another residential or commercial property;
The vertical and horizontal boundaries of a dwelling unit that
is part of a multi-dwelling-unit building; or
On a multi-use property as defined herein, the vertical or horizontal
boundaries between the two portions of the properties on which different
categories of activity are being performed.
Any person or thing from which sound is created.
Any machine or device for the amplification of the human
voice, instrumental music or any other sound. As used in this chapter,
sound-amplifying equipment shall not include warning devices on authorized
emergency vehicles or horns or other warning devices on any vehicle
used only for traffic safety purposes or authorized fire horns or
other authorized emergency alarms.
An instrument that conforms to ANSI S1.4-1983 or its successors.
A level of sound that is injurious or annoying or disturbing
to be heard.
A.
No person shall cause public inconvenience, annoyance or alarm or
create a risk thereof by making unreasonable noise or by causing unreasonable
noise to be made.
B.
For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. Factors to be considered in determining whether unreasonable noise exists in a given situation include but are not limited to any or all of the following:
(1)
The intensity of the noise.
(2)
Whether the nature of the noise is usual or unusual.
(3)
Whether the origin of the noise is associated with nature or human-made
activity.
(4)
The intensity of the background noise, if any.
(5)
The proximity of the noise to sleeping facilities.
(6)
The nature and the zoning district of the area within which the noise
emanates and of the area within 500 feet of the source of the sound.
(7)
The time of the day or night the noise occurs.
(8)
The time duration of the noise.
(9)
Whether the sound source is temporary.
(10)
The volume of the noise.
(11)
The existence of complaints concerning the noise from persons living
or working in different places or premises who are affected by the
noise.
C.
This section shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources.
D.
"Person" defined. For the purposes of this section:
(1)
For an offense that occurs on any public property where permission
was obtained to use that public property, a "person" shall include
the person or persons who obtained permission to utilize that property
for that event.
(2)
For an offense that occurs on private property, a "person" shall
include any adult person or persons who live in or on the property
that is involved in the offense.
