[HISTORY: Adopted by the Town Board of the Town of LaFayette 12-8-2020 by L.L. No. 2-2020. Amendments noted where applicable.]
It is hereby declared to be the policy of the Town Board to
prevent unreasonably loud, disturbing and unnecessary noise and to
reduce noise level within the Town so as to preserve, protect and
promote the public health, safety and welfare and to foster convenience,
peace and quiet within the Town by the inhabitants thereof and transients
therein. The Town Board finds that every person is entitled to have
maintained noise levels which are not detrimental to life, health
and the enjoyment of property, and that excessive and unnecessary
noise within the Town of LaFayette affects and is a menace to public
health, safety, welfare and the comfort of the people of the Town.
For the purposes of this chapter, the following terms shall
have the meanings indicated:
Tones that are audible above other tones, and which are typically
more annoying than noise without discrete tones.
[Added 11-9-2021 by L.L. No. 5-2021]
Any sound signal device designed and intended to produce
an audible sound signal upon unauthorized entrance into a building
or motor vehicle.
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, highways,
roads, utility lines or other property.
Any person or persons, as appointed from time to time by
the Town, trained in the measurement of sound and empowered to issue
a summons for violation of this chapter.
The practical unit of measurement of sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the sound pressure of the measured sound
to the sound pressure of a standard sound (20 micro-pascals); and
abbreviated as "dB."
Any sound of such level and duration as to be or which tends
to be injurious to human health or welfare or that would unreasonably
interfere with the enjoyment of life or property exceeding the limits
as set forth in this chapter.
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit that is one in a multi-dwelling-unit
building.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
The sound pressure level measured in decibels with a sound-level
meter set for A-weighting; sound level as expressed in dBA.
An instrument for the measurement of noise and sound.
That which is not required by the usual circumstances. No
person shall cause, suffer, allow or permit the existence of unnecessary
sound which tends to injure, alarm, annoy, harass or disturb the peaceful
enjoyment of property of another. Standards to be considered in determining
whether unnecessary noise exists in a given situation may include
but are not limited to the following:
[Amended 11-9-2021 by L.L. No. 5-2021]
The intensity of the noise;
Whether the nature of the noise is usual or unusual;
Whether the origin of the noise is natural or unnatural;
The intensity of the background noise;
The proximity of the noise to sleeping facilities;
The nature and the zoning district of the area within which
the noise emanates;
The time of the day or night the noise occurs;
The duration of the noise;
Whether the sound source is temporary;
Whether the noise is continuous or intermittent;
Whether alternate methods are available to achieve the objectives
of the sound-producing activity;
Whether the noise consists of audible discrete tones.
The sound level, in decibels, reported as measured by a sound-level-measuring
instrument having an A-weighted network which discriminates against
the lower frequencies according to a relationship approximating the
auditory sensitivity of the human ear. The level so read is designated
as "dBA."
[Amended 11-9-2021 by L.L. No. 5-2021]
No person shall cause, suffer, allow or permit the operation
of any source of sound on a particular category of property or any
public space or right-of-way in such a manner as to create a sound
level that exceeds the particular sound level limits set forth as
follows: between 7:00 a.m. and 10:00 p.m., 70 dBA and between 10:00
p.m. and 7:00 a.m., 50 dBA, when measured at the adjoining property
lines nearest the sound source.
No person shall make, continue or cause or permit to be made
any unnecessary noise. The following acts are declared to be prima
facie evidence of a violation of this chapter and are prohibited,
but said enumeration shall not be deemed to be exclusive:
A.Â
Burglar
alarms. No person shall operate or caused to be operated an audible
burglar alarm unless such alarm automatically terminates its operation
within 15 minutes after it has been activated and does not operate
more than 15 minutes in any one-hour period.
B.Â
Construction
and operation of machinery. No person shall conduct or permit to be
conducted construction and/or the operation of machinery, equipment
and/or domestic power tools, including lawn mowers, sanders, grinders,
and leaf blowers, between the hours of 9:00 p.m. the preceding night
and 7:00 a.m. on Monday through Saturday, and between the hours of
9:00 p.m. the preceding night and 9:00 a.m. on Sundays and federal
holidays, so as to cause unnecessary noise across a real property
line.
C.Â
Exhausts.
No person shall cause or permit the discharge into the open air of
the exhaust of any device, including but not limited to any motor
vehicle engine, except through a muffler which will effectively prevent
the creation of unnecessary noise therefrom.
D.Â
Horn or
signal. No person shall sound or permit the sounding of any horn or
signal on any car, motorcycle, bus or other vehicle, except as a warning
signal pursuant to the provisions of the Vehicle and Traffic Law of
the State of New York.
E.Â
Loading
and unloading vehicles. No person shall cause or permit the creation
of unnecessary noise in connection with the loading or unloading of
any material, equipment or garbage cans or the handling of bales,
boxes, crates or similar containers.
F.Â
Motor vehicles.
No person shall use or cause to be used any automobile, motorcycle,
bus or other motor vehicle so out of repair, so loaded or in such
manner as to create loud and unnecessary grating, grinding, rattling
or other unnecessary noise.
G.Â
Sound reproduction
devices. No person shall operate, play or permit the operation or
playing of any radio, CD or tape player, television, public address
system, loud speaker, musical instrument, sound amplifier or similar
device which produces, reproduces or amplifies sound in such a manner
as to create unnecessary noise at a distance of 75 feet from the noise
source or across a real property line, whichever is less.
H.Â
Vocal disturbances.
No person shall cause or permit to be caused any unnecessary noise
by shouting, yelling, whistling, singing or other vocal exclamations.
The following sounds shall not be deemed to be a violation of
this chapter:
A.Â
Sounds
created by the use of any organ, bell, chimes or any other similar
instrument or device of any church, synagogue or school on or within
its own premises in connection with religious rites or ceremonies
of such church or synagogue or in connection with a school education
program.
B.Â
Sounds
created by snow blowers, chain saws and other domestic tools and equipment
when used to clear driveways, streets or walkways during and after
snowfalls, rainstorms, ice storms, windstorms or other similar emergencies.
C.Â
Sounds
created by agricultural activities.
D.Â
Sounds
connected with athletic, recreational, or sporting events of any public
organization or private school, provided that such sounds shall be
reduced between the hours of 12:00 midnight and 7:00 a.m.
E.Â
Sounds
connected with organized activities sponsored by any school district
or fire district or department within the Town, provided that such
sounds shall be reduced between the hours of 12:00 midnight and 7:00
a.m.
F.Â
Sounds
connected with municipally sponsored celebrations or events, including
lawful fireworks displays, parades, carnivals and the like, held in
accordance with all pertinent provisions of the Town Code, provided
that such sounds shall be reduced between the hours of 12:00 midnight
and 7:00 a.m.
G.Â
Sounds
connected with the lawful hunting of animals or game during the appropriate
hunting or gaming seasons.
H.Â
Sounds
created by emergency construction or repair work authorized or performed
by the Town of LaFayette, the County of Onondaga, the State of New
York or any recognized utility serving the area.
I.Â
Sounds
created by the exercise of commercial activities to the extent that
such sounds are already controlled by the Town of LaFayette through
site plan approval, special use permit or otherwise.
J.Â
Sounds
created by police cars, fire engines, ambulances and other emergency
vehicles when used in connection with an emergency, drill or test
procedure.
K.Â
Sounds
connected with activities open to the public where proper authorization
has been obtained from the Town Board or any other designated authority
of the Town of LaFayette.
A.Â
It shall
be unlawful for any person to use or operate, or cause to be used
or operated, any sound device or apparatus in, on, near or adjacent
to any public street, park or place for commercial or business advertising
purposes or for any person to operate or drive any automobile, truck
or other vehicle for commercial or business advertising by means of
any sound device or apparatus. The use of any trade, business or corporate
name or the name of any person, proprietor or vendor in such commercial
or business advertising shall be presumptive evidence that such advertising
was conducted by that person, business or corporation.
B.Â
It shall
be unlawful to operate any radio apparatus, talking machine, loudspeaker,
amplifier or other sound-making device on any street, park or public
gathering place in such a fashion as to exceed a noise level of over
60 dBA as measured 20 feet from the sound-producing device.
This chapter shall be administered and enforced by the Code
Enforcement Officer.
