This chapter shall be known the as "Noise Ordinance of the Town of Irondequoit."
As used in this chapter, the following terms shall have the meanings
indicated:
A SCALE
The measurement of sound approximating the auditory sensitivity of
the human ear as measured with a sound-level meter using the A-weighing network.
The unit of measurement is the dB(A).
COMMERCIAL PURPOSE
The use, operation or maintenance of any sound-amplifying equipment
for the purpose of advertising any business or any goods or any services or
for the purpose of attracting the attention of the public to or advertising
for or soliciting patronage or customers to or for any performance, show,
entertainment, exhibition or event or for the purpose of demonstrating any
such sound equipment.
CONSTRUCTION
Any or all activity, except tunneling, necessary or incidental to
the erection, demolition, assembling, altering, installing of equipment of
buildings, public or private highways, roads, premises, parks, utility lines
(including such lines in already-constructed tunnels) or property, including
land clearing, grading, excavating and filling.
DECIBEL
The unit of sound measurement, on a logarithmic scale, of the ratio
of the magnitude of a particular sound pressure to a standard reference pressure
which for the purpose of this chapter shall be 0.002 microbar.
EMERGENCY
A public calamity or an exposure of any person or property to imminent
danger.
EMERGENCY SIGNAL DEVICE
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 Vehicle and Traffic Law, as amended or changed.
EXCESSIVE NOISE
Any sound which endangers or injures the safety or health of humans
or animals or annoys or disturbs a reasonable person of normal sensitivity
or endangers or injures personal or real property.
MOTOR VEHICLE
Every device 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 trucks, buses, automobiles, vans, motorcycles,
motor-driven cycles, motor scooters, dune buggies, snowmobiles, all-terrain
vehicles, go-carts, minibikes, trail bikes and all other types of motorized
recreational vehicles.
NOISE
Any erratic, intermittent, statistically random oscillation or unwanted
sound.
NONCOMMERCIAL PURPOSE
The use, operation or maintenance of any sound equipment for other
than a commercial purpose. "Noncommercial purpose" shall mean and include,
but shall not be limited to, philanthropic, political, patriotic and charitable
purposes.
PERSON
Any individual, partnership, company, corporation, association, firm,
organization, governmental agency, administration or department or any other
group of individuals or any officer or employee thereof.
SOUND-AMPLIFYING EQUIPMENT
Any machine or device for the amplification of the human voice, music
or any other sound. "Sound-amplifying equipment" shall not include standard
automobile radios when used and heard only by the occupants of the vehicle
in which the automobile radio is installed. "Sound-amplifying equipment,"
as used in this chapter, shall not include warning devices on authorized emergency
vehicles or horns or other warning devices on any vehicle used only for traffic
safety purposes.
SOUND-REPRODUCTION DEVICE
A device intended primarily for the production or reproduction of
sound, including but not limited to any radio receiver, television receiver,
tape recorder, musical instrument, phonograph or sound-amplifying system.
SOUND TRUCK
Any motor vehicle or any other vehicle, regardless of motive power,
whether in motion or stationary, having mounted thereon or attached thereto
any sound-amplifying equipment.
No person shall operate or use or cause to be operated or used any sound-reproduction
device for commercial or business advertising purposes or for the purpose
of attracting attention to any performance, show or sale or display of merchandise
in connection with any commercial or business enterprise, including those
engaged in the sale of radios, television sets, phonographs, tape recorders,
phonograph records or tapes, in front or outside of any building, place or
premises or in or through any aperture of such building, place or premises
abutting on or adjacent to a public street, park or place or in or upon any
vehicle operated, standing or being in or on any public street, park or place
where the sound therefrom may be heard upon any public street, park or place
or from any stand, platform or other structure or from any airplane or other
device used for flying, flying over the Town or on a boat or on the waters
within the jurisdiction of the Town or anywhere on the public streets, parks
or places; provided, however, that nothing in this section shall prohibit
vehicles from which ice cream products and similar products are sold from
being equipped with a bell not exceeding three inches in diameter or a set
of up to four such bells, nor prohibit the use thereof by the driver of such
vehicle, provided that no such bell or set of bells shall be capable of being
heard from a distance greater than 400 feet; provided, further, than no such
bells shall be used for any purpose between the hours of 9:00 p.m. and 9:00
a.m. nor be used as an ordinary warning signal at any time.
[Added 5-15-2001 by L.L.
No. 5-2001]
A. No person shall use or operate or permit to be used or
operated any radio, television, phonograph, musical instrument or other machine
or device for the producing or amplification of sound 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 sound emanating from such machine or device is:
(1) Audible beyond the property line of the premises upon
which it is being used between the hours of 10:00 p.m. and 8:00 a.m.
(2) Audible at a distance of 50 feet beyond the property
line of the premises upon which it is being used between the hours of 8:00
a.m. and 10:00 p.m.
(3) Audible at a distance of 50 feet from such machine or
device if operated from within a motor vehicle on a public street.
(4) Audible at a distance of 50 feet from such machine or
device when operated in a public park or other public place.
B. The provisions of this section shall not apply to the
following:
(1) Funeral procession 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) Any musical performance upon a public place where a permit
has been obtained from the Town Clerk of the Town of Irondequoit for such
purpose.
(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,
stadiums or public places in the Town.
C. Any motor vehicle used in connection with the commission
of a violation of this section shall be subject to towing and its associated
fines.
No person shall operate or use any radio, musical instrument, television,
phonograph or other machine or device in or on any bus or public means of
conveyance, other than taxicabs, in such manner that the sound emanating from
such sound-reproduction device is audible to another person.
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.
No person shall operate or use or cause to be operated or used any emergency
signal device, except:
A. On an emergency vehicle when such vehicle is in the immediate
act of responding to an emergency;
B. To give notice as a warning of an emergency; or
C. In order to reasonably test such device.
No person shall create or permit to be created any noise on any street,
sidewalk or public place or on private property adjacent to any school, institution
of learning, church or court while the same is in use or adjacent to any hospital,
nursing home or home for the aged, which noise unreasonably interferes with
the working of such school, institution of learning, church or court or which
disturbs or annoys patients in a hospital, nursing home or home for the aged.
No person shall make or permit to be made excessive noise in connection
with loading or unloading of any vehicle or the opening, unloading or destruction
of bales, boxes, crates and containers.
No person within the Town shall sell anything by outcry within any area
of the Town zoned for residential uses. The provisions of this section shall
not be construed to prohibit the selling by outcry of merchandise, food and
beverages at licensed sporting events, parades, fairs, circuses and other
similar licensed public entertainment events.
No person shall use any drum or other instrument or device of any kind
for the purpose of attracting attention by the creation of noise within the
Town. This section shall not apply to any person who is a participant in a
school band or duly authorized parade or who has been otherwise duly authorized
to engage in such conduct.
No person shall operate any machinery, equipment, pump, fan, air-conditioning
apparatus, lawn mower or similar mechanical device which creates excessive
noise at the property line of the premises upon which it is used between the
hours of 10:00 p.m. and 9:00 a.m.
No person shall, within any residential area of the Town, repair, rebuild
or test any motor vehicle so as to create excessive noise at the property
line of the premises upon which such motor vehicle is being repaired, rebuilt
or tested between the hours of 10:00 p.m. and 9:00 a.m.
No person shall keep or permit the keeping of any animal or bird which
makes excessive noise.