[HISTORY: Adopted by the Town Board of the Town of Lyons. Amendments noted where applicable.]
Excessive sound is a serious hazard to the public health and welfare, safety and the quality of life, and the citizens of the Town of Lyons have a right to and should be ensured an environment free from excessive sound that may jeopardize its health or welfare or safety or degrade the quality of life. A substantial body of science and technology exists by which excessive sound may be substantially abated. Therefore, it is the policy of the Town of Lyons to prevent excessive sound that may jeopardize the health and welfare or safety of the citizens or degrade the quality of life.
This chapter shall apply to the control of all sound originating within the limits of the Town of Lyons.
As used in this chapter, the following terms shall have the meanings indicated:
- Capable of being heard by a person of average hearing ability.
- DECIBEL (DBA)
- A unit for measuring the volume of sound, equal to 1/10 of a bel, and a unit of a level when the base of a logarithm is the 10th root of 10 and the quantities concerned are proportioned to power.
- HEAR (HEARD)
- To perceive sound.
- An unenclosed motor vehicle having a saddle for the use of the operator and two or three wheels in contact with the ground, including but not limited to motor scooters and minibikes.
- MOTOR VEHICLE
- Every vehicle which is self-propelled.
- NOISE DISTURBANCE
- Any sound that:
- A. Endangers or injures the safety or health of humans or animals.
- B. Is not required by the usual circumstances.
- C. Is excessive or unusually loud or any sound that either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, or which unreasonably interferes with the sleep, comfort or repose of others, or which causes disturbance or injury to animal life, or which causes damage to property or business.
- Any natural person, partnership, association, corporation or other legal entity.
No person shall make, continue or cause or permit to be made verbally or mechanically any noise disturbance. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation of this section.
Standards to be considered in determining whether a noise disturbance 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 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 in character, such as hammer blows, gunshots, etc.
The cause or reason for the noise.
The following acts, and the causing thereof, are declared to be in violation of this chapter:
Prohibitions: operating, playing or permitting the operation or playing of any radio, television, compact disc player, tape recorder, phonograph or similar device which reproduces or amplifies sound:
Between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to be audible across two real property boundaries.
From within a motor vehicle so that the sound is plainly audible at a distance of 50 or more feet from the vehicle or, in the case of a motor vehicle or motorcycle on private property, beyond the property line. For the purpose of this subsection, "plainly audible" means any sound which clearly can be heard by unimpaired auditory senses based on a direct line of sight of 50 or more feet; however, words or phrases need not be discernible and said sound shall include bass reverberation. Prohibitions contained in this subsection shall not be applicable to emergency or public safety vehicles, vehicles owned and operated by the Town government or any utility company, sound emitted unavoidably during job-related operation, or any motor vehicle used in an authorized public activity for which a permit has been granted by the appropriate agency of the Town government.
Sound-production systems. Operating, playing or permitting the operation or playing of any drum, musical instrument, sound amplifier or similar device that produces sound to exceed 80 decibels measured at a residential property boundary.
Loudspeakers and public-address systems.
Using or operating for any noncommercial purpose any loudspeaker, public-address system or similar device between the hours of 10:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary.
Using or operating for any commercial purpose any loudspeaker, public-address system or similar device in such a manner as to be audible across any real property boundary.
Animals and fowl. No person shall keep or maintain, or permit the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which, by any sound, cry or behavior, shall cause annoyance or discomfort to a reasonable person of normal sensitivities in any residential neighborhood or so as to exceed a maximum sound level of 80 decibels on a residential or commercial real property boundary or a public right-of-way in such a way as to create a noise disturbance across any real property boundary.
Street sales. Offering for sale or selling anything by shouting or outcry within any residential or commercial area of the Town except between the hours of 8:00 a.m. and 8:00 p.m.
Loading and unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of 10:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential property boundary.
Motor vehicle repairs and testing. Repairing, rebuilding, modifying or testing any motor vehicle or motorcycle or motorboat in such a manner as to cause a noise disturbance across a residential property boundary.
Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of 10:00 p.m. and 7:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential property boundary, except for emergency work of public service utilities.
Places of public entertainment.
Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in any place of public entertainment so as to produce a maximum sound level of 80 decibels on a residential property boundary.
The operating or permitting to be operated of any loudspeaker or other source of sound in any place of public entertainment which produces maximum sound pressure levels of 100 decibels at any point that is normally occupied by a customer as read with the slow response on a sound-level meter, without a conspicuous and legible sign located outside such place, at the entrance, stating "Warning! Sound levels within may cause permanent hearing impairment."
Burglar alarms. Sounding or permitting the sounding of any exterior burglar alarm on any building or motor vehicle, unless such burglar alarm shall terminate its operation within 15 minutes of its being activated. Any vehicle upon which a burglar alarm has been installed shall prominently display the telephone number at which communication may be made with the owner of such motor vehicle.
Refuse-compacting vehicles. The operating or permitting to be operated of any motor vehicle which can compact refuse between the hours of 8:00 p.m. and 6:00 a.m. the following day in residential areas.
Nothing contained in this chapter shall be construed to prevent the production of music, the ringing of bells or carillons, sounding of gongs or blowing of any whistle, horn or signaling devices in connection with any military, civic or authorized parade, funeral procession or religious ceremony, nor to prevent any musical performance conducted by consent of the Town Board.
The provisions of this chapter shall not apply to the sounding of bells, horns, sirens or any other instrument by a fire apparatus or station, police or any other vehicle or person in the event of an emergency situation.
The provisions of this chapter shall not apply to the creation of sounds by public utilities in carrying out the operation of their franchises, including required emergency repairs.
The provisions of this chapter shall not apply to the creation of sounds connected with sporting events of any public or private school.
The provisions of this chapter shall not apply to the creation of sounds connected with an authorized carnival, fair, exhibition, parade, etc., allowed by permit of the Town Board, which permit shall specify the dates and times during which such event is authorized.
The Town Board is hereby authorized, by resolution, to suspend any of the provisions of this chapter in connection with any holiday celebration, or upon any occasion of special public interest, for such time and upon such conditions as shall be prescribed by the Town Board.
Any person convicted of a violation of this chapter shall, upon conviction thereof, be punished by a maximum fine of $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.