City of Jamestown, NY Peace and Good Order

[2]

Editor's Note: In addition, former Section 20.7, Gambling, etc., generally, which immediately followed this subsection, was deleted 8-10-1992 by L.L. No. 2-1992.

[1]

Editor's Note: Former Sections 20.1 through 20.4, which immediately preceded this section and dealt with alcoholic beverages in restaurants, were deleted 8-10-1992 by L.L. No. 2-1992.

[Amended 11-19-1973; 8-10-1992 by L.L. No. 2-1992; 9-16-1996; 3-16-1998; 11-17-2003; 6-15-2020]

Declaration of policy. It is hereby declared to be the public policy of the City to reduce the noise level in the City, so as to preserve, protect and promote the public health, safety and welfare and the peace and quiet of the inhabitants of the City, prevent injury to human, plant and animal life and property, foster the convenience and comfort of its inhabitants and facilitate the enjoyment of the natural attractions of the City. The provisions and prohibitions hereinafter contained and enacted are for the abovementioned purpose.

Interpretation. This section shall be liberally construed so as to effectuate the purposes described in this section. Nothing herein shall abridge the powers and responsibilities of any law enforcement agency or code enforcement department to enforce the provisions of this section. Nothing herein shall be construed to abridge the powers of any health department or code enforcement department or the right of such department to engage in any necessary or proper activities.

Definitions. As used in this section, the following terms shall have the meanings indicated:

AMBIENT NOISE

The all-encompassing noise associated with a given environment, being usually a composite of sounds from near and far.

DAY/EVENING HOURS

For Residential/Land Zones, defined by Chapter 300 of this Code as Zones L-C, R-1, R-2, and R-C, day hours shall be between 7:00 a.m. and 9:00 p.m., except Fridays and Saturdays, when the evening hours shall be 10:00 p.m. For Commercial/Manufacturing Zones, defined by Chapter 300 of this Code as Zones C-1, C-2, C-3, C-4, C-M, L-M, and M, day hours shall be between 7:00 a.m. and 10:00 p.m., except Fridays and Saturdays, when the evening hours shall be 11:00 p.m. This provision shall not be construed to prohibit public performances or other sounds being conducted in accordance with the provisions of a permit granted by the City.

DECIBEL

A standard unit of acoustic measurement having a zero-reference of 0.0002 microbar.

IMPULSIVE NOISE

A noise of short duration.

NOISE-RATING NUMBER

The criteria established in the noise-rating curves of the International Standards Organization.

OCTAVE BAND

The range of sound frequencies divided into octaves in order to classify sound according to pitch.

PERSON

Any individual, firm, corporation, association, club, partnership, society or any other form of association or organization.

PUBLIC RIGHT-OF-WAY

Any street, sidewalk or alley or similar place which is owned or controlled by the City, including, but not limited to, walks, regardless of designation.

PUBLIC SPACE

Any real property or structure thereon which is owned, controlled or leased by the City.

PURE TONE

A sound having a single pitch.

REAL PROPERTY BOUNDARY

An imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person or from any public right-of-way or from any public space.

SOUND

An oscillation in pressure, partial velocity or other physical parameter in a medium with internal forces that cause compression and rarefaction of the medium.

SOUND-LEVEL METER

An instrument, including a microphone, an amplifier, an output meter and frequency-weighting networks, used for the measurement of sound in a specified manner and calibrated in decibels.

SOUND-REPRODUCTION DEVICE

Any device, instrument, mechanism, equipment or apparatus for the amplification of any sounds from any radio, phonograph, stereo, tape player, musical instrument, television, loudspeaker or other sound-making or sound-producing device or any device or apparatus for the reproduction or amplification of the human voice or other sound.

UNREASONABLE NOISES

Any noise which is defined in §§ 198-2E or F. The determination as to the existence of unreasonable noise may be established either by the specific acts considered to be unreasonable noise enumerated within § 198-2E or by the measurements exceeding the limitations set forth in § 198-2F.

VEHICLE

Any land conveyance, self-propelled or propelled by an internal source.

WITHIN THE COMMERCIAL AREA

Sound emanating from a source within the commercial or manufacturing area. These areas are defined in Chapter 300, Zoning, of this Code and include C-1, C-2, C-3, C-4, C-M, L-M, and M. Sound shall not be considered "within the commercial area" if it is projected into, heard or felt in a residential area, and such sound shall be considered to be within the residential area and governed by the rules relating thereto.

ZONING DISTRICT

A district established in accordance with Chapter 300, Zoning, of this Code.

It shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, unreasonable or unusual noise, or to permit any other to do so, which disturbs the peace or quiet within the geographical boundaries of the City of Jamestown, or which causes discomfort or annoyance to any reasonable person of normal sensitiveness. For the purposes of this section, it shall be presumed that the owner, tenant, person or persons in possession or control, and the occupants of the particular premises, are, jointly or severally, permitting such noise.

The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive:

(1)

It shall be unlawful for any person operating a motor vehicle, motorcycle or omnibus, as they are defined in the Vehicle and Traffic Law of the State of New York, to use a horn or other device for signaling except in a reasonable manner as a danger warning, and it shall be unlawful for any person having the management and control of any motor vehicle, motorcycle or omnibus to produce or cause, suffer or allow to be produced by means of such horn or other signaling device a sound which shall be unreasonable or unnecessarily loud or harsh or shall continue for an unnecessary and unreasonable period of time.

(2)

No person shall use or operate or cause to be used or operated, in front of or outside any building, place or premises, or in or through any window, doorway or opening of such building, place or premises, or upon any public street or place or on any vehicle thereon, any device or apparatus for the amplification of sounds from any radio or other sound-making or sound-reproducing device without permission from the Public Safety Committee or City permit. This provision shall not be construed to prohibit public performances or other sounds being conducted in accordance with the provisions of a permit granted by the City.

(3)

The using, operating or permitting to be played, used or operated of any radio receiving set, musical instrument, phonograph 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 neighboring inhabitants or at any time with louder volume than is necessary for convenient hearing for the persons who are voluntary listeners thereto. The operation of any of the above in such a manner as to be plainly audible at a distance of 25 feet from the building, structure, property or room in which it is located shall be prima facie evidence of a violation of this subsection. This provision shall not be construed to prohibit public performances or other sounds being conducted in accordance with the provisions of a permit, festival, or public performance granted by the City.

(4)

Yelling, shouting, hooting, whistling or singing or the uttering of obscenities upon the public streets so as to annoy or disturb the quiet, comfort or repose of persons in any office or in any dwelling, hotel or other type of residence or of any persons in the vicinity.

(5)

No animal owner shall permit any animal to cause annoyance, alarm or noise disturbance for more than 15 minutes at any time of the day or night by repeated barking, whining, screeching, howling, braying, chirping, or other like sounds which can be heard beyond the boundary of the owner's property.

(6)

No person shall cause or permit the operation of any device, vehicle, construction equipment or lawn maintenance equipment, including, but not limited to, any diesel engine, internal combustion engine or turbine engine, without a properly functioning muffler in good working order and in constant operation regardless of sound level produced.

(7)

The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening, closing or other handling of boxes, crates, containers, building materials or other similar objects.

(8)

Construction: any activity necessary or incidental to the erection (including excavating), demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 6:00 p.m. weekdays and Saturdays, except in the case of urgent necessity in the interest of public health and safety, and then only with a permit from the Building Inspector, which permit may be granted for a period not to exceed three days or less while the emergency continues and which permit may be renewed for periods of three days or less while the emergency continues. If the Building Inspector should determine that the public health and safety will not be impaired by the erection, demolition, alteration or repair of any building or the excavation of streets and highways within the hours of 6:00 p.m. and 7:00 a.m., and if he/she shall further determine that loss or inconvenience would result to any party in interest, he/she may grant permission for such work to be done within the hours of 6:00 p.m. and 7:00 a.m. upon application being made at the time the permit for the work is awarded or during the progress of the work.

(9)

Subject to the limitations enumerated below, no person, while on public or private grounds on or adjacent to a school, hospital, court or place of worship, shall willfully make or assist in the making of any noise or diversion which disrupts or tends to disturb the peace or good order of the activities within:

(a)

Schools: while any class thereof or other instruction is in session.

(b)

Hospitals or similar institutions: at all times.

(c)

Courts: during the hours of the court or while otherwise in session.

(d)

Places of worship: during the hours of worship or while otherwise conducting religious services.

(10)

The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood.

(11)

The use of any drum or other instrument or device for the purpose of attracting attention, by creation of noise, to any performance, show or sale.

(12)

The operation between the hours of 10:00 p.m. and 7:00 a.m. of any pile driver, pneumatic hammer, derrick, steam or electric hoist or other such appliance, the use of which is attended by loud or unusual noise.

(13)

Motor vehicles:

(a)

The playing of any radio, music player or audio system in a motor vehicle at such volume as to disturb the quiet, comfort or repose of other persons or at a volume which is plainly audible to persons other than the occupants of such vehicle. The operation of any of the above in such a manner as to be plainly audible at a distance of 10 feet from the vehicle at which it is located shall be prima facie evidence of a violation of this subsection.

(b)

No person shall operate a vehicle in such a manner as to cause unreasonable noise by spinning or squealing the tires of such vehicle or by causing the engine to rev producing excessive motor roar.

(c)

No person shall allow noise from an automobile alarm in excess of five minutes after it has activated.

(d)

The repair, rebuilding or testing of any motor vehicle, excepting emergency repairs, where the standards for determination so dictate or in such a manner that a reasonable person of normal sensitiveness in the area is caused discomfort or annoyance.

(14)

The operation of lawn mowers, lawn tractors, trimmers, leaf blowers and other lawn-care power machines between the hours of 9:00 p.m. and 7:00 a.m. Monday through Friday and between the hours of 9:00 p.m. and 8:00 a.m. on Saturdays, Sundays and legal holidays.

(15)

The use of sparkling devices (as defined by New York State Penal Code §§ 270.00 and 405.000) during evening hours, except as allowed by permit.

Additional guidelines to determine unreasonable noise. The subject noise must exceed ambient noise by 10 decibels or more in any octave band to be declared excessive or unreasonable during the day hours. During evening hours, the subject noise must exceed ambient noise by 5 decibels or more in any octave band to be declared excessive or unreasonable.

(1)

The base ambient noise for Zones L-C, R-1, R-2, and R-C during the day hours shall be 55 decibels; during evening hours, the level shall be 50 decibels.

(2)

The base ambient noise for Zones C-1, C-2, C-3, C-4, C-M, L-M, and M during the day hours shall be 65 decibels; during evening hours, the level shall be 55 decibels.

(3)

Sound projecting from one use district into another use district having a lower noise-level limit shall not exceed the limits of the district into which it is projected.

(4)

Methods of measurement.

(a)

Noise measurements shall be made with a sound-level meter and compatible octave-band analyzer manufactured according to the specifications of the American National Standards Institute, USA Standard Specification for General Purpose Sound Level Meters (S1.4-1971) and Preferred Center Frequencies for Acoustical Measurements (Sl.6-1960), or any subsequent nationally adopted standard superseding the above standards.

(b)

Except where impractical, sound measurements shall be made from the specific position of the complainant at the premises from which noise complaints are received and shall be made at a height of at least three feet above the ground and three feet away from walls, barriers, obstructions or other sound-reflective surfaces. Where the nature of the noise permits, the slow response setting shall be used to obtain the noise level on the sound-level meter. The sound analysis curve shall be plotted in decibels upon the noise-rating numbers chart, and the highest portion of the curve in any octave band above a noise-rating curve shall be the noise-rating number for the measurement. The average curve of several noise measurements may be used to plot the sound-analysis curve.

(c)

When detailed sound-analysis measurement cannot be made, a measurement of the noise using the A scale of a standard sound-level meter may be made, and the noise-rating number shall be determined by this measurement minus eight decibels.

The provisions of this section shall not apply to noise generated by municipality-sponsored concerts or permitted special events, as well as noise generated by events held at or within the confines of stadiums, arenas or fields designed specifically and primarily for sporting events and which are open to the public.