This law shall be known as the "Prevention and Control of Excessive
and Unreasonable Noise in the Village of Liverpool."
It is hereby declared to be the policy of the Liverpool Village
Board of Trustees to prevent unreasonably loud and disturbing noise
and to reduce noise levels within the Village so as to preserve, protect
and promote the public health, safety and welfare and to foster convenience,
peace and quiet within the Village by the inhabitants and transients
thereof. The Village Board of Trustees 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
unreasonable noise within the Village of Liverpool affects and is
detrimental to public health, safety, welfare and the comfort of the
people of the Village.
This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law to promote the public health, safety and general welfare
of Village citizens through regulations intended to govern noise pollution
within the entire Village.
As used in this chapter, the following terms shall have their
meanings indicated.
AMPLIFIED SOUND
Sound which has its volume increased by electronic or other
means.
COMMERCIAL CONSTRUCTION EQUIPMENT
Engine-powered or motor-powered equipment intended for commercial
construction work and not typically utilized by homeowners. Examples
of commercial construction equipment include but are not limited to
skid steers, loaders, bulldozers, logging/sawmill equipment, backhoes,
dump trucks, hydraulic lifts, air compressors, jackhammers, trenchers,
excavators, paving rollers, augers, cranes, graders and other material
handling equipment, and any equipment that utilizes backup alarms.
This term shall not include homeowner's light residential outdoor
equipment, as defined herein.
[Added 1-22-2024 by L.L.
No. 1-2024]
COMMERCIAL SERVICE EQUIPMENT
All engine-powered or motor-powered equipment intended for
infrequent service work in inhabited areas, typically requiring commercial
or skilled operators. Examples of commercial service equipment include
but are not limited to chain saws, log chippers, commercial lawn mowers
and gas-powered leaf blowers.
[Amended 1-22-2024 by L.L. No. 1-2024]
CONSTRUCTION DEVICE
Any handheld power device or light equipment designed and
intended for use in construction. Examples of construction devices
include but are not limited to circular saws, table saws, jigsaws,
reciprocating saws, drills, sanders and battery-operated nail guns.
[Amended 1-22-2024 by L.L. No. 1-2024]
dBA
The A-weighted sound level in decibels, as measured by a
general-purpose sound-level meter complying with the provisions of
the American National Standards Institute specifications for sound-level
meters, properly calibrated and operated on the A-weighing network.
DECIBEL ("dB")
A logarithmic unit of measurement used in determining the
intensity of a sound.
HOMEOWNER'S LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
All engine-powered or motor-powered garden or maintenance
tools intended for repetitive use in residential areas, typically
capable of being used by a homeowner. Examples of homeowner's light
residential outdoor equipment are lawn mowers, garden tools, riding
tractors, snowblowers, snowplows, leafblowers, etc.
PERSON
An individual, association, firm, syndicate, company, trust,
corporation, department, bureau or agency or any other entity recognized
by law as the subject of rights and duties.
PROPERTY LINE
A legal boundary along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intra-building property
divisions.
SOUND-LEVEL METER
An instrument for the measurement of sound pressure levels
including a microphone, amplifier, an output meter and in most cases
frequency weighting networks which comply with standards established
by the American National Standards Institute (ANSI) specifications
for sound-level meters. An instrument meeting the requirements of
this code shall conform to the requirements of "Type 1" or "Type 2"
as defined by appropriate ANSI standards.
UNREASONABLE NOISE
Sound which:
A.
Causes temporary or permanent hearing loss in persons exposed;
or
B.
Is injurious, or tends to be, on the basis of current information
injurious to the public health or welfare; or
C.
Disturbs a reasonable person of typical human sensitivities;
D.
Exceeds the standards or restrictions established herein; or
E.
Interferes with the comfortable enjoyment of life and property
or the conduct of business. The following are deemed to interfere
with the comfortable enjoyment of life and property or the conduct
of business:
(1)
Yelling or shouting that disturbs the quiet, comfort or repose
of person or persons residing or occupying an adjacent or neighboring
property.
(2)
The using of, operating of, or permitting to be played, used
or operated, any radio, receiving set, musical instrument, phonograph,
television set or other machine or device for the producing or reproducing
of sound in such a manner as to disturb the peace, quiet and comfort
of the person or persons residing or occupying an adjacent or neighboring
property, regardless of the location of the source of the noise.
(3)
The keeping of any animal or bird which, by causing frequent
or long-continued noise, shall disturb the comfort and repose of any
person in the vicinity.
(4)
The use of any automobile, motorcycle, trail bike, minibike,
snowmobile, bus or vehicle so loaded or in such a manner as to create
loud and unreasonable grating, grinding, rattling or other noise.
(5)
The discharge into the air of the exhaust of any steam engine,
stationary internal-combustion engine or motor vehicle engine, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
(6)
The erection, including excavation, demolition, alteration or
repair, of any building other than between 7:00 a.m. and 9:00 p.m.,
except in the case of urgent necessity in the interest of public safety
as determined by the Code Enforcement Officer or other applicable
laws in the Code of the Village of Liverpool.
(7)
The creation of any excessive noise on any street adjacent to
any school, institution of learning or court while the same is in
session, or adjacent to any hospital, which unreasonably interferes
with the workings of such institutions, provided that conspicuous
signs are displayed in such streets indicating that the same is a
school, hospital or court street.
(8)
The creation of a loud and excessive noise in connection with
the loading or unloading of any vehicle, or the opening and destruction
of hales, boxes, crates and containers in such a manner as to create
unreasonable noise of an unreasonable extent and duration.
(9)
The shouting and crying of peddlers, hawkers and vendors which
disturbs the peace and quiet of the neighborhood.
(10)
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.
(11)
The sounding of any horn or signal device in any vehicle, motorcycle,
bus or other device except as a warning signal, pursuant to the provisions
of Subdivision 1 of § 375 of the Vehicle and Traffic Law
of the State of New York.
The provisions of §§
258-5 and
258-6 shall not apply to the following:
A. The intermittent or occasional use between 7:00 a.m. through 9:00
p.m. of homeowner's light residential outdoor equipment with mufflers
or commercial service equipment, provided that such activities and
such equipment and their use comply with the other provisions hereof.
B. Construction activities between 7:00 a.m. through 9:00 p.m. and the
associated use of construction devices or the noise produced thereby,
provided that such activities and such equipment and their use comply
with the other provisions hereof. The use of commercial construction
equipment, which must be properly maintained and operated, is only
permitted between 7:00 a.m. through 6:00 p.m., Monday through Saturday.
[Amended 1-22-2024 by L.L. No. 1-2024]
C. Noise from church bells or chimes used for religious purposes.
D. Noise from snowblowers, snowthrowers and snowplows when operated
with a muffler for the purpose of snow removal.
E. Nonamplified noise generated from lawful athletic or recreational
activities, events or facilities.
F. Nonamplified noise from organized activities sponsored by any school
district, private school or fire district or department within the
Village of Liverpool.
G. Noise from municipally sponsored celebrations or events.
H. Where a waiver is granted by the Village of Liverpool Code Enforcement Officer or Village Hoard of Trustees pursuant to §
258-8.
I. Noncommercial public speaking or public assembly activities conducted
on any public space or public right-of-way.
J. Emergency construction or repair work.
K. Noise from the activities of any fire department, ambulance squad
or similar emergency or rescue organization in carrying out their
official duties.
L. Noncommercial amplified sound that does not exceed the noise standard established in §
258-6 of this chapter or is not an unreasonable noise as defined in §
258-4 of this chapter.
M. Emergency stationary and mobile signal devices.
N. Audible exterior burglar alarms in operation for 15 minutes or less.
O. Between the hours of 7:00 a.m. and 9:00 p.m., sounds created in the
exercise of any trade, industry, business or employment, provided
that it is not conducted in such a manner as to create any unreasonable
noise of an unreasonable extent and duration.
The provisions of this chapter shall be administered and enforced
by the Village of Liverpool Police Department, the Onondaga County
Sheriff's Department, the New York State Police Department, the Village
of Liverpool Code Enforcement Office and/or the Village's Legal Counsel.