[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.
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.
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.
Every vehicle which is self-propelled.
Any sound that:
Endangers or injures the safety or health of humans or animals.
Is not required by the usual circumstances.
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.
A.
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.
B.
Standards
to be considered in determining whether a noise disturbance exists
in a given situation include but are not limited to the following:
(1)
The
volume of the noise.
(2)
The
intensity of the noise.
(3)
Whether
the nature of the noise is usual or unusual.
(4)
Whether
the origin of the noise is usual or unusual.
(5)
The
volume and intensity of the background noise, if any.
(6)
The
proximity of the noise to residential sleeping facilities.
(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)
Whether
the noise is continuous or impulsive in character, such as hammer
blows, gunshots, etc.
(11)
The
cause or reason for the noise.
The following acts, and the causing thereof, are declared to
be in violation of this chapter:
A.
Sound-reproduction
systems.
(1)
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:
(a)
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.
(b)
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.
B.
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.
C.
Loudspeakers
and public-address systems.
(1)
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.
(2)
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
I.
Places
of public entertainment.
(1)
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.
(2)
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."
J.
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.
K.
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.
A.
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.
B.
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.
C.
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.
D.
The provisions
of this chapter shall not apply to the creation of sounds connected
with sporting events of any public or private school.
E.
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.
