In order to foster the health, safely and general well-being of the citizens of the Village of East Syracuse, New York ("Village"), and in order to promote civil and courteous conduct among its citizens and peace and quiet within the Village, it is the policy of the Village to discourage excessive, unnecessary, disturbing and loud noise within the Village.
[HISTORY: Adopted by the Board of Trustees of the Village of East Syracuse 8-2-2004 by L.L. No. 2-2004 (Part 66 of the 2003 Code). Amendments noted where applicable.]
Unless otherwise indicated by context, the following terms and phrases in this chapter shall have the meanings indicated:
Any ambulance, police vehicle, fire vehicle and civil defense emergency vehicle.
Any activity necessary or incidental to the erection, demolition, assemblage, alteration, installation or equipping of a building, public or private highway, road, premises, park, utility line or other property, including, but not limited to, related activity such as line clearing, grading, earth moving, excavating, blasting, filling and landscaping. The term "construction" does not include any agricultural activity.
That period of time from 7:00 a.m. to 10:00 p.m.
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."
A public calamity, utility services failure or an exposure of any person or property to actual or imminent danger.
A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay.
Any vehicle operated or driven upon the public highway which is propelled by any power other than muscular power. The term "motor vehicle" does not include any electrically driven wheelchair being operated or driven by a handicapped person, a vehicle which runs only upon rails or tracks, and snowmobiles.
That part of a twenty-four-hour time interval which is not otherwise defined as daytime.
Includes the singular and plural and shall also include an individual, association, partnership, business, corporation, club, society, union, lessor, lessee, landlord, tenant or any other form of association or organization.
Any highway, road, street, avenue, alley, public place, public driveway or any other public way.
An imaginary line exterior to any structure along the ground surface which separates the real property owned by one person from that owned by another person and the vertical extension of such line.
The quantity in decibels measured by a sound-level meter satisfying the requirements of American National Standards specification for sound-level meters. Sound level is the frequency-weighted sound-pressure level obtained with the standardized dynamic characteristic fast or slow and weighting (A), (B) or (C); unless indicated otherwise, the A-weighting is understood.
An instrument, including a microphone, an amplifier, an output meter and frequency-weighting networks, for the measurement of sound levels.
Any excessive or unusually loud sound as judged by a reasonable person of normal sensitivities or any sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any individual as judged by 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 residences.
The nature and zoning district of the area 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, intermittent or impulsive.
Shall have the same meaning as is provided in Chapter 340, Zoning, of this Municipal Code.
A.
General prohibition. No person shall make, continue or cause to be made, verbally, electronically or mechanically, or by any agency in his actual or constructive control, any unreasonable noise. An owner of any real property within the Village shall be presumed to be in control of any person, tenant, guest of any person or tenant, and animal on or at the real property.
B.
Specific prohibitions.
(1)
Animals. No person shall own, possess or harbor any animal, bird or other living creature which frequently or for a continued duration makes sounds which create an unreasonable noise across a residential real property boundary. For the purpose of this chapter, a barking dog may be defined as a dog that barks continuously for 10 minutes or intermittently for 30 minutes which if heard across a residential real property boundary creates, per se, an unreasonable noise.
(2)
Burglar alarms. No owner of a building or of a motor vehicle shall have in operation an audible burglar alarm thereon unless such burglar alarm shall be capable of and shall automatically terminate its operation within 15 minutes of it being activated.
(3)
Churches, courts, hospitals and schools. No person shall create or permit the creation of any unreasonable noise through the use of any device on any street, sidewalk or public place adjacent to any church, court or school while such church, court or school is in use, provided that signs are displayed so as to identify such church, court or school.
(4)
Construction. No person shall conduct or permit to be conducted any construction in a manner as to cause unreasonable noise during the nighttime on weekdays or at any time on Sundays or holidays. The provisions of this subsection shall not apply to the following:
(5)
Domestic power tools. No person shall operate or permit to be operated any power tool or equipment, including, but not limited to, saws, sanders, drills, grinders, lawn or garden tools, mowers, tractors, leaf blowers or gatherers or similar devices, outdoors in a residentially zoned district during the hours of 10:00 p.m. to 7:00 a.m., so as to create an unreasonable noise.
(6)
Emergency warning devices. No person shall operate or cause to be operated any emergency warning device except:
(a)
To give notice of a warning of an emergency.
(b)
On an authorized emergency vehicle when such vehicle is engaged in emergency operation, provided that such device shall not be operated so as to create unreasonable noise or for a period of time longer than is necessary to respond to such emergency.
(c)
When such device is under test.
(7)
Loading and unloading. No person shall load, unload, open, close or handle boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 7:00 a.m. of the following day in such manner as to cause an unreasonable noise across a residential real property boundary, except as permitted by § 229-4B(7) of this chapter.
(8)
Owner of rental property.
(a)
The owner of rental property shall take all reasonable steps to prevent the violation of this chapter by a tenant, tenant's guest or person on or at the tenancy, including, but not limited to, providing the tenant with a copy of this chapter, posting regulations or orders and seeking the eviction of a tenant who or whose guest or other person at the tenancy violated this chapter, and authorizing the Village to investigate and enforce this chapter and any other related law.
(b)
An owner of real property may be named and be subject to the penalties for offenses as provided herein as a defendant or additional defendant in any action based upon a violation of any provision of this chapter by a tenant, tenant's guest, or person and/or animal on or at the tenancy.
(c)
Nonresidency not a defense. It shall not be a defense to any violation of this chapter that the person charged is not a resident of the Village.
(9)
Operation of motor vehicles.
(a)
No person shall operate a motor vehicle in such a manner as to cause the squealing of the tires of such vehicle.
(b)
No person shall operate a motor vehicle on a public right-of-way in such a manner that the sound-pressure level emitted by said vehicle exceeds the levels set forth in the New York State Vehicle and Traffic Law.
(10)
Places of public entertainment. No person shall operate or permit to be operated a place of public entertainment, including, but not limited to, a restaurant, bar, cafe, discotheque or dance hall, in which the sound level is equal to or exceeds 95 dB for more than 30 seconds at the location of the spectators.
(11)
Pool parties and other gatherings. No person shall conduct a pool party or other gathering of people so as to result in unreasonable noise during the nighttime or which gathering interferes unreasonably with the quiet, comfort or repose of any individual in any dwelling or other type of residence as judged by a reasonable person of normal sensitivities.
(12)
Sound reproduction or amplification; permit requirements.
(a)
No person shall operate, play or permit the operation or playing of any radio, television, phonograph, musical instrument, sound amplifier or other device which produces, reproduces or amplifies sound:
[1]
Between the hours of 10:00 p.m. and 7:00 a.m. of the following day in such a manner as to create unreasonable noise across a real property boundary.
[2]
In such a manner as to create unreasonable noise 50 feet from such a device.
[3]
In such a manner as to create unreasonable noise to any person other than the operator of the device when operated by any passenger on a common carrier.
(b)
The permit requirement for a sound-amplifying system on public property shall be as follows:
[1]
No person shall use or operate or cause to be used or operated any sound-amplifying device upon any public street or place without a written permit from a code enforcement official.
[2]
No application for a permit shall be refused by a code enforcement official unless there is substantial and convincing evidence that the use of such a sound amplifying device would result in unreasonable interference with the rights of others or unreasonably interfere with the peace and quiet of those on private property or using public streets or places.
[3]
Any permit may be suspended by a code enforcement official upon his/her determination that the holder of the permit has violated any of the provisions of this chapter. Said suspension shall continue until the next regularly scheduled meeting of the Zoning Board of Appeals, at which time the holder may present evidence in his behalf. Thereafter, the Zoning Board of Appeals, by majority vote, shall revoke, cancel, or reinstate the permit. In the event that the holder does not appear at said meeting, either in person or by his representative, the permit shall be revoked.
(13)
Sound signal devices. No person shall operate or cause to be operated any sound signal device so as to create an unreasonable noise except:
A.
Prohibition.
(1)
It shall be unlawful for any person to operate or permit to be operated any noise source in such a manner as to create a sound-pressure level measured in dB which exceeds the limits set forth for the receiving land use category in Table 1 when measured at or within the property boundary of the receiving land use.
(2)
Notwithstanding, the restrictions set forth in this section shall not apply to alarms as defined in § 229-3B(2) and (6) of this chapter.
Table 1 | ||||
|---|---|---|---|---|
Maximum Permissible Sound Levels by Receiving and Use Category (dB) | ||||
Receiving Land Use Category | ||||
Sound Source Land Use Category | Time Period | Residential | Commercial | Industrial |
Residential (R1-1, R1-2, R-2, R-C) | 7:00 a.m. to 10:00 p.m. | 55 | 65 | 75 |
10:00 p.m. to 7:00 a.m. | 50 | 65 | 75 | |
Commercial (C-1, C-2) | 7:00 a.m. to 10:00 p.m. | 65 | 65 | 75 |
10:00 p.m. to 7:00 a.m. | 50 | 65 | 75 | |
Industrial (M-1, M-2, M-3) | 7:00 a.m. to 10:00 p.m. | 65 | 65 | 75 |
10:00 p.m. to 7:00 a.m. | 50 | 65 | 75 | |
B.
Exceptions. The requirements, prohibitions and terms of this chapter shall not apply to:
(1)
Any authorized emergency vehicle when responding to an emergency call or acting in time of emergency.
(2)
The operation of any vehicle or equipment when responding to an emergency or a declared state of emergency.
(3)
Those activities of a temporary duration permitted by law and for which a license or permit therefor has been granted by the Village, including, but not limited to, parades, fireworks displays and public co-sponsored events.
(4)
The production of music in connection with a military or civic parade, funeral procession or religious ceremony; any musical performance conducted under consent of municipal authority.
(5)
Sounds emanating from any publicly sponsored and/or authorized sporting, entertainment or other public event.
(6)
Snow removal equipment.
(7)
Businesses that must conduct loading and unloading operations between the hours of 10:00 p.m. and 7:00 a.m. of the following day.
C.
Authority to grant exceptions and variances. The Zoning Board of Appeals of the Village of East Syracuse and its duly authorized representative shall have the authority to grant special variances, issue temporary permits and suspend any of the provisions of this chapter upon such conditions and for such time as it shall deem fit to serve best the public health and welfare and the quality of life in the Village of East Syracuse.
The provisions of this chapter shall be enforced by the Police Department and/or any code enforcement official of the Village of East Syracuse who shall have the power to:
A.
Order any person to cease and desist from any activity which causes or is conducted so as to cause a violation of any provision of this chapter.
B.
Seize any device, after obtaining the proper judicial order, which causes or is maintained or operated so as to cause a violation of any provisions of this chapter.
C.
Issue appearance tickets for violation of any provision of this chapter.
A.
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation and subject to a fine of not more than $250. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
B.
Unpaid fines. In the event that a party is found to be in violation of this chapter and fails to pay a fine imposed by a court within a reasonable time as may be ordered by the court, then, in those events, 125% of said fine shall be levied against the property on which the offense occurred if privately owned or on any property of the party located within the Village as an additional tax or charge upon certification that said fine has not been paid.