[HISTORY: Adopted by the Board of Trustees
of the Village of Minoa 12-3-1996 by L.L. No. 4-1996 (Ch. 68 of the
1985 Code). Amendments noted where applicable.]
A.
It is hereby declared to be the policy of the Village
of Minoa to prevent unreasonably loud, disturbing and unnecessary
noise (as defined herein) and to reduce noise level within the village
so as to preserve, protect and promote the public health, safety and
welfare and to foster convenience, peace and quiet within the village
by the inhabitants thereof. The Village Board finds that problems
concerning the disturbance of peace, quiet and tranquility by noise
from various sources and activities are best resolved by thoughtful
discussions and cooperative agreements between affected parties. However,
to resolve remaining problems of noise which are disturbing to others,
it is the policy of the Village of Minoa and the purpose of this chapter
to establish standards, enforcement procedures and penalties.
B.
This chapter shall be liberally construed so as to
effectuate the purposes described herein.
For the purposes of this chapter, the terms
used herein are defined as follows:
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 mechanism which is intended to or which actually produces
sound when operated or handled.
A public calamity or an exposure of any person or property
to imminent danger.
[1]The boundary, including its vertical extension, which separates
the parcel of real property owned or controlled by one person from
that owned or controlled by another person, including intra-building
real property divisions.
[Amended 3-20-2000 by L.L. No. 1-2000]
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 sensibilities
or which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether unnecessary noise
exists in a given situation include but are not limited to the following:
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.
[1]
Editor's Note: The former definition of "person,"
which immediately followed this definition, was repealed 3-20-2000
by L.L. No. 1-2000.
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.
Burglar alarms. No person shall operate or cause 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.
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.
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.
Horn or signal. No person shall sound or permit the
sounding of any horn or signal on any car, motorcycle, bus, train
or other vehicle except as a warning signal pursuant to the provisions
of the Vehicle and Traffic Law of the State of New York.
[Amended 3-20-2000 by L.L. No. 1-2000]
E.
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, 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.
[Amended 12-19-2016 by L.L. No. 8-2016]
F.
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.
Sound-reproductive devices. No person shall operate,
play or permit the operation or playing of any radio, CD or tape player,
television, public address system, loudspeaker, musical instrument,
sound amplifier or similar device to any of the foregoing 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.
The following sounds shall not be deemed to
be a violation of this chapter:
A.
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.
Sounds created by snowblowers, chain saws and other
domestic tools and equipment when used to clear driveways, streets
or walkways during and after snowfalls, rainstorms, icestorms, windstorms
or other similar emergencies.
C.
Sounds created by agricultural activities.
D.
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 a.m. and 7:00
p.m.
E.
Sounds connected with organized activities sponsored
by any school district or fire district or department within the village,
provided that such sounds shall be reduced between the hours of 12:00
a.m. and 7:00 p.m.
F.
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
Village of Minoa Municipal Code, provided that such sounds shall be
reduced between the hours of 12:00 a.m. and 7:00 p.m.
G.
Sounds connected with the lawful hunting of animals
or game during the appropriate hunting or gaming seasons.
H.
Sounds created by emergency construction or repair
work authorized or performed by the Village of Minoa, the County of
Onondaga, the State of New York or any recognized utility serving
the area.
I.
Sounds created by the exercise of commercial activities,
to the extent that such sounds are already controlled by the Village
of Minoa through site plan approval, special permit or otherwise.
J.
Sounds created by police cars, fire engines, ambulances
and other emergency vehicles when used in connection with an emergency,
drill or test procedure.
K.
Sounds connected with activities open to the public
where proper authorization has been obtained from the Village Board
or any other designated authority of the Village of Minoa.
[Amended 3-20-2000 by L.L. No. 1-2000]
The provisions of this chapter shall be enforced
by the Town of Manlius Police Department and/or the Codes Enforcement
Officer of the Village of Minoa, who shall have the power to issue
warnings and to bring complaints returnable before the Justice Court
of the Village of Minoa for a violation of this chapter.
[Amended 3-20-2000 by L.L. No. 1-2000]
Any person who violates any of the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be subject to imprisonment of not more than 15 days; and/or a fine of at least $25 but no more than $250 for the first offense within a six-month period, a minimum penalty of $50 and a maximum penalty of $375 for the second offense within a six-month period and a minimum penalty of $100 and a maximum penalty of $500 for a third offense within a six-month period; and/or the other provisions set forth in Chapter 113.
