[HISTORY: Adopted by the Common Council of
the City of Lockport 5-25-2022 by L.L. No. 2-2022[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 125,
Noise, which consisted of Art. I, Unnecessary and Unusual Noises,
adopted 12-3-1945; and Art. II, Sound Trucks, adopted 6-20-1949, as
amended.
It is hereby declared to be the policy of the City of Lockport
to prevent excessive, unnecessary, or unusually loud noise. It is
further declared that the provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of preserving,
protecting, and promoting the public health, comfort, convenience,
safety, welfare and prosperity and the peace and quiet of the City
of Lockport and its inhabitants.
Unless otherwise indicated by context, the following terms and
phrases shall mean:
The sound pressure level measured by the use of an instrument
with the metering characteristics and the A-weighting frequency response
prescribed for sound level meters. The level so read is designated
"dBA."
The sound pressure level of the all-encompassing noise associated
with a given environment, being usually a composite of sounds from
many sources, and/or the A-weighted sound pressure level exceeded
90% of the time based on a minimum period of 10 minutes.
Every ambulance, police vehicle, fire vehicle and civil defense
emergency vehicle.
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing, or equipping of buildings, public
or private highways, roads, premises, parks, utility lines or other
property, including but not limited to the related activity such as
line clearing, grading, earth moving, excavating, blasting, filling
and landscaping, but not including agriculture.
The time from 7:00 a.m. to 9:00 p.m., except on Fridays and
Saturdays when the evening hours shall be 11:00 p.m.
The practical unit of measurement for sound pressure level;
the number of "decibels" of a measured sound is equal to 20 times
the logarithm to the base 10 of the ratio of the sound pressure of
the measured sound to the sound pressure of a standard sound (20 micropascals);
abbreviated "dB."
A public calamity, utility services failure or an exposure
of any person or property to actual or imminent danger.
A sound of short duration, usually less than one second and
of high intensity, with an abrupt onset and rapid decay.
Every vehicle operated or driven upon the public highway
which is propelled by any power other than muscular power, except
electrically driven invalid chairs being operated or driven by an
invalid, vehicles which run only upon rails or tracks and snowmobiles.
A device consisting of a series of chambers or baffle plates
or other mechanical design for the purpose of receiving exhaust gas
from a sound source and effective in reducing noise.
That part of a twenty-four-hour time interval which is not
otherwise defined as daytime.
Any sound which endangers or injures the safety or health
of humans or animals or annoys or disturbs a reasonable person of
normal sensitivities or endangers or injures personal or real property.
Includes the singular and plural and shall also mean and
include an individual, association, partnership, business, corporation,
club, society, union, lessor, lessee, property owner, tenant or any
other form of association or organization.
Any highway, road, street, avenue, alley, public place, public
driveway, or any other public way.
Any real property or structure thereon that is owned, leased,
or controlled by the City of Lockport.
An imaginary line exterior to any structure along the ground
surface which separates the real property owned by one person from
that owned by another person and the vertical extension of such line.
The quantity in decibels measured by a sound-level meter
satisfying the requirements of American National Standards specification
for sound-level meters. "Sound level" is the frequency-weighted sound
pressure level obtained with the standardized dynamic characteristic
"fast" or "slow" and weighting (a), (b) or (c); unless indicated otherwise,
the A-weighting is understood.
An instrument, including a microphone, an amplifier, an output
meter, and frequency waiting networks, for the measurement of sound
levels.
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures, or endangers the comfort, repose,
health, peace, or safety of a reasonable person of normal sensitivities
or which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether "unreasonable noise"
exists in a given situation include, but are not limited to, the following:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is usual or unusual.
The volume and intensity of the background noise, if any.
The proximity of the noise to residential sleeping facilities.
The nature and zoning district of the areas within which the
noise emanates.
The time of the day or night the noise occurs.
The time duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or impulsive.
A.
General prohibitions. No person shall make, continue or cause or
permit to be made, verbally or mechanically, any unreasonable noise.
Noncommercial public speaking and public assembly activities conducted
on any public space or public highway shall be exempt from the operation
of this section.
B.
Animals. No person shall own, possess or harbor any animal or bird
which frequently or for continued duration, makes sounds which create
a noise disturbance across a residential real property boundary. For
the purpose of this chapter, a "barking dog" may be defined as a dog
that barks continuously for 10 minutes or intermittently for 30 minutes.
C.
Burglar alarms. No owner of a building or of a motor vehicle shall
have in operation an audible burglar alarm thereon unless such burglar
alarm shall be capable of and shall automatically terminate its operation
within 15 minutes of its being activated.
D.
Sound reproduction. No person shall operate, play or permit the operation
or playing of any radio, television, phonograph, drum, musical instrument,
sound amplifier or similar device which produces, reproduces or amplifies
sound:
(1)
Between the hours of 9:00 p.m. and 7:00 a.m. Sunday through Thursday
and 11:00 p.m. and 7:00 a.m. Friday and Saturday in such a manner
as to create unreasonable noise across a real property boundary.
(2)
In such a manner as to create unreasonable noise at 50 feet from
such a device, when operated in or on a motor vehicle on a public
highway or in a boat in public waters.
(3)
In such a manner as to create unreasonable noise to any person other
than the operator of the device, when operated by any passenger on
a common carrier.
E.
Air-conditioning and air-handling devices.
(1)
No person shall operate or permit to be operated an air-conditioning
or air-handling device, including a heat pump, which exceeds the maximum
sound level limitations provided in this section: in residential areas,
continuous sound levels measured at the property line of 75 dBA.
(2)
The provisions of this section shall not apply if the sound from
the air conditioner or air-handling device produces less than an increase
of five dBA in the sound level that exists in the absence of such
sound.
F.
Emergency warning devices. No person shall operate or cause to be
operated by emergency warning device, except:
(1)
To give notice of a warning of an emergency.
(2)
On an authorized emergency vehicle when such vehicle is engaged in
emergency operation, provided that such device shall not be operated
so as to create unreasonable noise or for a period of time longer
than is necessary to respond to such emergency.
(3)
When such device is under test.
G.
Loading and unloading. No person shall load, unload, open, close or handle boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 9:00 p.m. and 7:00 a.m. Sunday through Thursday and 11:00 p.m. and 7:00 a.m. Friday and Saturday of the following day in such a manner as to cause an unreasonable noise across a residentially real property boundary, except as permitted by § 125-6G.
H.
Domestic power tools. No person shall operate or permit to be operated
any power tool or equipment, including but not limited to saws, sanders,
drills, grinders, lawn or garden tools, mowers, tractors, leaf blowers
or gatherers, or similar devices, when used outdoors in a residentially
zoned district between the hours of 9:00 p.m. and 7:00 a.m. Sunday
through Thursday and 11:00 p.m. and 7:00 a.m. Friday and Saturday.
I.
Modification of noise control devices. No person shall operate or
permit to be operated any device that has been modified so as to cause
the sound emitted from such device to be greater than that emitted
by such device as originally manufactured.
J.
Squealing tires. No person shall operate a vehicle in such a manner
as to cause unreasonable noise by spinning or squealing the tires
of such vehicle.
K.
Sound signal devices. No person shall operate or cause to be operated
any sound signal device so as to create unreasonable noise, except:
L.
Construction. No person shall conduct or permit to be conducted construction, alone or in combination with other construction conducted or permitted by such person, in a manner as to cause unreasonable noise during nighttime hours. The provisions of this section shall not apply to the following: (1) Emergency work and safety and protective devices. (2) Domestic power tools subject to § 125-3H.
M.
Places of public entertainment. No person shall operate or permit
to be operated a place of public entertainment, including but not
limited to a restaurant, bar, cafe, discotheque, or dance hall, in
which the sound level is equal to or exceeds 100 dBA for more than
60 seconds at the location of the spectators.
N.
Churches, courts, hospitals, and schools. No person shall create
or permit the creation of any unreasonable noise through the use of
any device on any street, sidewalk, or public place adjacent to any
church, court or school while such church, court or school is in use,
or adjacent to any hospital at any time, provided that signs are displayed
so as to identify such church, court, hospital or school.
A.
It shall be unlawful for any person to operate or permit to be operated
any stationary noise source in such a manner as to create a sound
pressure level measured in dBAs which exceed the limits set forth
for the receiving land use category in Table 1 when measured receiving
land use.
|
Table 1
Maximum Permissible Sound Levels by Receiving Land Use Category
(dBA)
| ||||
|---|---|---|---|---|
|
Sound Source Land Use Category
|
Time Period
|
Residential
|
Business
|
Industrial
|
|
Residential (R-1, R-2, R-3, B-1)
| ||||
|
Sunday-Thursday
|
7:00 a.m. to 9:00 p.m.
|
55-120
|
75-130
|
80-140
|
|
Sunday-Thursday
|
9:00 p.m. to 7:00 a.m.
|
*55
|
75
|
80
|
|
Friday and Saturday
|
7:00 a.m. to 11:00 p.m.
|
55-120
|
75-120
|
80-140
|
|
Friday and Saturday
|
11:00 p.m. to 7:00 a.m.
|
*55
|
75
|
80
|
|
Business (B-2, B-3, B-4, B-5)
| ||||
|
Sunday-Thursday
|
7:00 a.m. to 9:00 p.m.
|
60-120
|
75-130
|
80-140
|
|
Sunday-Thursday
|
9:00 p.m. to 7:00 a.m.
|
*60
|
75
|
80
|
|
Friday and Saturday
|
7:00 a.m. to 11:00 p.m.
|
120
|
130
|
140
|
|
Friday and Saturday
|
11:00 p.m. to 7:00 a.m.
|
*60
|
75
|
80
|
|
Industrial (I-1, I-2, I-3)
| ||||
|
Sunday-Thursday
|
7:00 a.m. to 9:00 p.m.
|
65-120
|
75-120
|
80-140
|
|
Sunday-Thursday
|
9:00 p.m. to 7:00 a.m.
|
*60
|
75
|
80
|
|
Friday and Saturday
|
7:00 a.m. to 11:00 p.m.
|
65-120
|
65-120
|
80-140
|
|
Friday and Saturday
|
11:00 p.m. to 7:00 a.m.
|
*60
|
75
|
80
|
Ranges are from allowable ambient noise levels (continuous
duration) to the highest decibels allowable for Impulse noises (short
durations). Continuous noise or ambient noise is the all-encompassing
noise associated with a given environment. Impulse noises are noises
of short duration.
*Exemptions: Air Conditioning Units operating above the permissible
55-60dBAs installed prior to this law will be "grandfathered" in.
No person shall operate a motor vehicle or combination of vehicles
on a public right-of-way at any time in such a manner that the sound
pressure level emitted by said vehicle exceeds the levels set forth
in the New York State Vehicle and Traffic Law. This includes the operation
of a vehicle without an adequate muffler or exhaust system to prevent
any unreasonable noise in violation of the Vehicle and Traffic Law
§ 375, Subdivision 31.
The requirements, prohibitions and terms of this chapter shall
not apply to:
A.
Any authorized emergency vehicle when responding to an emergency
call or acting in time of emergency.
B.
The operation of any vehicles or equipment when responding to an
emergency or a declared state of emergency (i.e., civil defense, storm).
C.
Those activities of a temporary duration permitted by law and for
which a license or permit therefor has been granted by the City, including
but not limited to parades, fireworks displays and public cosponsored
boat races and events.
D.
The production of music in connection with a military or civic parade,
funeral procession, or religious ceremony; any musical performance
conducted under consent of municipal authority.
E.
Sounds emanating from any publicly sponsored and/or authorized sporting,
entertainment, or other public event.
F.
Snow removal equipment.
G.
Businesses approved by zoning or variances that must conduct loading
and unloading operations between the hours of 9:00 p.m. and 7:00 a.m.
Sunday through Thursday and 11:00 p.m. and 7:00 a.m. Friday and Saturday.
The Zoning Board of Appeals shall have the authority to grant
special variances, issue temporary permits and suspend any of the
provisions of this chapter upon such conditions and for such time
as it shall deem fit to best serve the public health and welfare and
the quality of life in the City of Lockport.
A.
The provisions of this chapter shall be enforced by the Police Department
of the City of Lockport and/or the Department of Building Inspections
of the City of Lockport and it shall have the power to:
(1)
Order any person to cease and desist from any activity which causes
or is conducted so as to cause a violation of any provision of this
chapter.
(2)
Seal any device, after obtaining the proper judicial order, which
causes or is maintained or operated so as to cause a violation of
any provision of this chapter.
(3)
Issue appearance tickets for violation of any provision of this chapter.
B.
A sound-level meter conforming to the American National Standards
Institute (ANSI) Type II standards shall be used and shall be calibrated
prior to use. The calibrator shall be calibrated at least annually.
Any person violating any of the provisions of this chapter shall
be deemed guilty of a violation and subject to a fine of not more
than $250 or imprisonment for a period not to exceed 15 days, or by
both such fine and imprisonment. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such.
If any provision of this chapter is held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction the remaining
provisions of the chapter shall not be invalidated.
