[HISTORY: Adopted by the Town Board of the
Town of Salina 1-27-2020 by L.L. No. 4-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 160,
Noise, adopted 8-22-1977 by L.L. No. 8-1977, as amended.
This chapter shall be known as the "Town of Salina Noise Law."
The Town Board of the Town of Salina hereby declares its intent
to prevent unreasonably loud and disturbing noise and sounds determined
by the Board to be of a character, intensity or duration as to be
detrimental to the peace, quiet, comfort, repose, welfare or good
order of the people of the Town of Salina (Town Law § 130,
Subdivision 11). By this legislation, the Town Board intends to improve
and promote the quality of life in our community, and in the exercise
of its lawful enforcement powers and responsibilities in this regard,
the Town Board does hereby enact the following chapter. It is the
intent of the Salina Town Board that this chapter will be liberally
construed to effectuate the purpose described in this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A unit for measuring the volume of a sound and pressure of
sound.
A public disaster or an exposure of any person or property
to imminent danger.
Any gong, siren, whistle, air horn or similar device, the
use of which on emergency vehicles is permitted by Subdivision 26
of § 375 of the New York State Vehicle and Traffic Law.
Sound or sound wave(s) or perceptible vibration(s) which are
annoying, cause alarm, disturb a reasonable person of reasonable sensitivity,
unreasonably cause public inconvenience, or unreasonably disturb the
quiet use and enjoyment of one's life and property. Such sound
or sound waves or perceptible vibrations includes but is not limited
to mechanically increased volume of sounds of the human voice, musical
instruments, recorded music, and/or any other mechanically enhanced
sound-producing or -reproducing device, apparatus or device.
"Excessive noise" also includes incessant or repeated sounds
that have the effect of disturbing the welfare, comfort, peace and
quiet of the community, and/or any sound in excess of 85 decibels.
Every device or vehicle in, upon or by which any person or property
is or may be transported or drawn, which is propelled by any power
other than muscular power, except vehicles which run only upon rails
or tracks.
This definition shall include but not be limited to vehicles,
trucks, buses, automobiles, vans, motorcycles, motor scooters, dune
buggies, snowmobiles, all-terrain vehicles, go-carts, minibikes, trail
bikes and all other types of motorized recreational vehicles.
A.
Excessive noise. No person shall make, continue or cause to be made
or continued any excessive noise.
B.
Sound-reproduction devices on public conveyances. No person shall
operate or use any radio, musical instrument, television, phonograph
or other machine or device in or on any bus or any means of public
conveyance, other than taxi cabs, in such a manner that the sound
emanating from such sound-reproduction device is audible to another
person.
C.
Use of signaling devices. No person shall cause the sounding of any
horn or signaling device on any automobile, motorcycle, bicycle or
other vehicle, except as a danger warning, as stated in § 375,
Subdivision 1, of the New York State Vehicle and Traffic Law.
D.
Motor vehicles, excessive noise.
(1)
No person shall operate or cause to be operated any motor vehicle
in such a manner that the sound emitted is excessive noise as defined
in this chapter and:
(a)
The excessive noise is audible at a distance of 25 feet or more
from the vehicle when operated or parked on a public street, in a
park, or other public place; or
(b)
The excessive noise is audible at or beyond the property line
when a vehicle is parked or operated on private property.
(c)
This subsection shall not apply to those motor vehicles being
operated upon a public street to which § 386 (motor vehicle
sound level limits) of the New York State Vehicle and Traffic Law
applies. This subsection shall not apply to those motor vehicles,
planes, buses or other instrumentalities that serve a public purpose
or provide a public benefit; transport people or provide mass transit
to the public in general; provide a public service.
(d)
This section shall apply to all motor vehicles, whether or not
duly licensed or registered.
E.
Animals. The keeping of any animal which causes frequent or long-continued
noise plainly audible at any adjoining property line or permitting
any animal so kept to cause such noise.
A.
No person shall engage in or permit any person to be engaged in construction activities which creates excessive noise at the property limits of the construction site between the hours of 9:00 p.m. of one day and 7:00 a.m. of the following day on any day of the week, except as is permitted in Subsections B and C hereof.
B.
Following the receipt of a written application for a variance from the requirements of Subsection A, the Code Enforcement Officer or his designee may, within a reasonable time, grant a variance authorizing such construction activities upon the applicant's demonstration of hardship and/or practical difficulty in meeting said requirements and upon a determination that the public interest will be served by the granting of the requested variance. The Code Enforcement Officer shall set any stipulations deemed necessary in the interest of the public health, safety and/or welfare at the time of granting such a variance. The written authorization/variance must be maintained on the site and be made available for viewing by any municipal authority requesting the same.
C.
In the case of an emergency, so declared by the Code Enforcement
Office, Fire Marshal or the Police Department, construction activities
directly connected to the abatement of such emergency may be undertaken
without obtaining a variance, for a period not to exceed 72 hours
from the commencement of such activities, during which time application
for a variance hereunder shall be made.
A.
No person shall use or operate or permit to be used or operated any
radio, television, phonograph, tape or other recorder of sound, musical
instrument or other apparatus, machine or device for the production,
reproduction or amplification of excessive noise with louder volume
than is necessary for convenient hearing for the person or persons
who are voluntary listeners thereto. It shall be prima facie evidence
of a violation of this section if excessive noise emanating from such
apparatus, machine or device is:
(1)
Audible beyond the property line of the premises upon which it is
being used.
(2)
Audible at a distance of 25 feet from such apparatus, machine or
device when operated in a public park or other public place.
(3)
Sound waves or perceptible vibrations emanating from such apparatus,
machine or device can be physically felt or the effect of such sound
waves or perceptible vibrations can be observed beyond the property
line. Such, effect shall include, but not be limited to, rattling
or shaking windows or other glass, physical effects on the human body
and the audible hearing of such sound waves.
B.
The provisions of this section shall not apply to the following:
(1)
Funeral processions or use of such devices by a church.
(2)
The production of music in connection with any parade authorized
under any provision of law.
(3)
Special events such as annual church festivals and other events,
activities, carnivals, festivals, picnics, fund raisers, block parties,
races, walks or gatherings of individuals that are required to obtain
a permit or authorization from either the Town Board, Town Clerk,
Department of Public Works, Building Department, Department of Human
Services, Fire Marshal, Department of Public Safety or the Onondaga
County Department of Health. This subsection does not apply during
the hours of 11:00 p.m. through 9:00 a.m. of the following day. During
these hours this chapter shall apply.
(4)
The use of amplifiers or other sound-producing instruments or equipment
in connection with any religious or political activity or any permitted
athletic competition or recreational event held on athletic fields
or stadiums within the Town.
(5)
Agricultural activities, provided that all powered agricultural and
farm equipment is equipped with intake and exhaust mufflers recommended
by the manufacturers thereof.
(6)
Discharge of firearms for the purposes of hunting during the hours
permitted by state law.
(7)
The use of lawnmowers, hedge trimmers, leaf blowers, chain saws,
tillers, mulchers, chippers and other domestic power tools and devices
used for the care and maintenance of lawns, yards and vegetation between
the hours of 8:00 a.m. and sunset.
(8)
Snowblowers, snow throwers, and snowplows when used in their usual
customary manner, provided that the equipment is equipped with intake
and exhaust mufflers recommended by the manufacturer thereof.
This chapter may be administered and enforced by the any law
enforcement agency with jurisdiction in the Town of Salina.
A.
Any person who violates any portion of this chapter or harbors any
device which creates a violation of this chapter shall be guilty of
a violation and, upon conviction, shall be punished by a fine of not
less than $250 nor more than $500 or by imprisonment for up to 15
days, or both.
B.
The owner of any property and any person, firm, association or corporation
in control of the real property where the violation(s) of this chapter
occur(s) shall be guilty of a separate violation and, upon conviction
thereof, shall be fined or imprisoned as herein provided.
C.
Separate offenses may be deemed committed during the same day if
violations continue to occur after a summons is issued by the Onondaga
County Sheriff.
