It is recognized that people have the right to an environment
free from excessive noise. The purpose of this chapter is to preserve
the public health, peace, welfare, and good order by suppressing noises
which are detrimental to that environment.
Any noise exceeding the ambient noise level at the property
line of any property in such a manner plainly audible to involuntary
listeners as to disturb the peace, quiet and comfort of any reasonable
person of normal sensitivities residing in the area shall be unlawful
under the provisions of this chapter.
As used in this chapter, unless the context otherwise clearly
indicates, the words and phrases used in this chapter are defined
as follows:
AMBIENT NOISE
Ambient noise is the all encompassing noise associated with
a given environment, being a composite of sounds from many sources
near and far.
BARKING DOGS
A dog that barks, bays, cries, howls, or makes any other
noise continuously and/or incessantly for a period of 10 minutes or
barks intermittently for 1/2 hour or more to the disturbance of any
person at any time of the day or night, regardless of whether the
dog is physically situated in or upon private or commercial property;
provided, however, that a dog shall not be deemed a barking dog for
the purpose of this chapter if, at the time the dog is barking or
making any other noise, a person is trespassing or threatening to
trespass upon private property in or upon which the dog is situated
or for any other legitimate cause which teased or provoked the dog.
COMMERCIAL FACILITY
Any premises, property, or facility involving traffic in
goods or furnishing of services for sale or profit.
DAYTIME HOURS
The hours between 7:00 a.m. and 10:00 p.m., Monday through
Saturday, and the hours 9:00 a.m. through 10:00 p.m. on Sundays.
DEMOLITION
Any dismantling, intentional destruction, or removal of buildings
or structures.
DOMESTIC POWER EQUIPMENT
Power equipment, including, but not limited to, power saws,
drills, grinders, lawn and garden tools, and other domestic power
equipment intended for use in residential areas by a homeowner.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma which demands immediate attention.
EMERGENCY VEHICLE
Any government-authorized motor vehicle with sound warning
devices, such as sirens and bells, which can lawfully be used when
responding to an emergency, including any such vehicles as defined
by the Vehicle and Traffic Law of the State of New York.
EMERGENCY WORK
Work made necessary to restore property to a safe condition
following an emergency, or work required to protect persons or property
from exposure to imminent danger.
IMPROPER VEHICLE NOISE
Noise caused by skidding tires, improper motor speed, or
illegal muffling, and loud and unreasonable noise emanating therefrom.
LOT
Any parcel of land under one ownership or under common control
of any group of persons acting in concert as part of a common endeavor.
LOUD AND UNREASONABLE NOISE
Noise so plainly audible to involuntary listeners as to disturb
the peace, quiet and comfort of any reasonable person of normal sensitivities.
MOTOR VEHICLE
Any vehicle which is propelled or drawn on land by a motor,
such as, but not limited to, passenger cars, trucks, truck trailers
semitrailers, campers, go-carts, snowmobiles, amphibious crafts on
land, dune buggies, or racing vehicles, including motorcycles, trail
bikes, go-carts, dirt-bikes or minibikes, and motorized all-terrain
vehicles.
MUFFLER
A device for abating sounds, such as escaping gases, from
an internal combustion engine.
NIGHTTIME HOURS
Hours between 10:01 p.m. and 6:59 a.m., Sunday evening through
Saturday morning. Hours between 10:01 p.m. and 8:59 a.m., Saturday
evening through Sunday morning.
PERSON
Any individual, firm, partnership, association, syndicate,
company, trust, corporation, municipality, agency, or political or
administrative subdivision of the state or other legal entity of any
kind.
PREMISES
Any building, structure, land or portion thereof, including
all appurtenance, and shall include yards, lots, courts, inner yards,
and real properties without building or improvements, owned or controlled
by a person.
PROPERTY LINE
That real or imaginary line along the ground surface and
its vertical extension which a) separates real property owned or controlled
by any person from contiguous real property owned or controlled by
another person, and b) separates real property from the public right-of-way.
This chapter shall not apply to noise emitted by or related
to:
A. Generally accepted agricultural practices conducted within a recognized
agriculture district.
B. Events:
(1)Â Events such as, but not limited to:
(a)Â
Any funeral procession or religious ceremony;
(b)Â
The production of music in connection with any parade authorized
under provision of law;
(c)Â
Any music performance upon any public street or place where
authorized by law for such purpose;
(d)Â
The use of amplifiers or other sound producing instruments in
connection with any athletic competition or recreational event held
on athletic fields, stadiums or public parks, or election campaigns;
(e)Â
Police or fire apparatus while used in the performance of public
duty; traditional community volunteer activities.
(2)Â If it is anticipated that event noise will continue into the nighttime
hours, then the applicant shall so state and the authorizing agent
may refer the request to the Village Board for approval.
C. Church bells rung as part of any church ceremony or service.
D. Tower clock bells ringing the hour during daytime hours.
E. Sirens, whistles, or bells lawfully used in any emergency situation;
provided, however, that burglar alarms not terminating within 30 minutes
after being activated shall be unlawful.
F. Other devices required by OSHA or other state or federal safety regulations.
G. Domestic muffled power equipment noise from such as, but not limited
to, power saws, sanders, grinders, lawn and garden tools or similar
devices, operated during daytime hours.
H. Domestic emergency power equipment noise from such as, but not limited
to, muffled gasoline generators and pumps, operated during daytime
and/or nighttime hours for as long as the emergency exists.
I. Timber harvesting falling trees and removing logs from the woods
during daytime hours.
J. Construction or demolition equipment noise generated during the daytime
hours.
K. Emergency construction or repair work by public utilities or municipalities.
L. Refuse and solid waste collection.
Loud and unreasonable noise from the following sources, among
others, are in violation of this chapter:
A. Radios, television sets, and similar devices, musical instruments,
phonographs, or other machines or devices for the producing or reproducing
of sound used as entertainment or advertisement.
B. Animals or birds. Owning, possessing or harboring an animal or bird
which frequently or for continued duration, makes sounds which create
a noise disturbance.
C. Peddlers and vendors. The unreasonable and unnecessary sounding or
crying out of peddlers and hawkers.
D. Any source near schools, hospitals, courts and churches which interferes
with the working of such institution.
E. Construction, alteration, demolition of buildings, structures and
projects during nighttime hours. It shall be unlawful for any person
within a radius of 500 feet from the structure to operate equipment
or perform any construction or repair work on buildings, structures,
or projects or to operate any piledriver, excavation equipment, pneumatic
hammer derrick, power hoist, or other construction-type device, except
to perform emergency work, during nighttime hours.
F. Vehicle repairs. It shall be unlawful for any person to repair, rebuild,
or test any motor vehicle in such a manner as to disturb involuntary
listeners.
G. Vehicle use. No person shall use an automobile, motorcycle, bus or
vehicle so out of repair as to create loud or unnecessary grating,
rattling, or other noise, or so as to create improper vehicle noise.
H. Motor idling. No person shall operate any motor/engine or any standing
motor vehicle with a weight in excess of 10,000 pounds manufacturer's
gross vehicle weight (GVW) during nighttime hours when such vehicle
is parked on a residential premises or on a public road next to a
residential premises, or otherwise in violation of any other state,
county and/or local laws, rules and regulations.
I. Bells. No person shall sound or cause to be sounded any loud or raucous
bells or gongs attached to any building or premises, which disturb
the quiet or repose in the vicinity thereof.
J. Loading and unloading. No person shall create or cause to be created
a loud and unreasonable noise in connection with loading or unloading
any vehicle, or the opening and destruction of bales, boxes, crates,
and containers.
K. Discharge of exhaust. No person shall discharge or cause to be discharged
into the open air the exhaust of any steam motor/engine, or stationary
internal combustion motor/engine, except through a muffler or other
device which will effectively prevent loud or explosive noises therefrom.
L. Mechanical devices. No person shall use or cause to be used any mechanical
device operated by compressed air unless the noise created thereby
is effectively muffled.
M. Other sources. It shall be unlawful for any person to willfully make
or continue, or cause to be made or continued, any noise intended
to disturb involuntary listeners.
Any person acting alone or in concert with others who shall
violate any provision of this chapter shall be guilty of an offense
and, upon conviction thereof, shall be subject to a fine of not more
than $250, or by imprisonment not exceeding 15 days, or by both such
fine and imprisonment. Each act committed in violation of any provisions
of this chapter shall constitute a separate additional offense.
Enforcement of the provisions of this chapter is the responsibility
of law enforcement officers of Oneida County or of New York State,
and the Town of Kirkland and the Code Enforcement Officer of the Village
of Clinton.
If, for any reason, any word, clause, paragraph or section of
this chapter shall be held to make the same unconstitutional, this
chapter shall not hereby be invalidated and the remainder of this
chapter shall continue in effect.