[HISTORY: Adopted by the Town Board of the Town of Irondequoit 1-20-1977
as Ch. 65, Art. V, of the 1977 Code; amended 6-7-1984 by Ord. No. 84-4. Other
amendments noted where applicable.]
This chapter shall be known the as "Noise Ordinance of the Town of Irondequoit."
A.
The Town Board has determined that the making and creating
of excessive noise within the limits of the Town of Irondequoit is a condition
that has existed for some time and such noise is increasing. Noise on streets,
sidewalks, public parks or places and residential neighborhoods is most likely
to interfere with the peace and quiet of the inhabitants of the Town and to
injure human and animal life, property values and business. Schools, churches,
courts, hospitals, nursing homes and homes for the aged are places where special
precaution must be taken in order to ensure their proper functioning.
B.
The Town Board hereby intends to promote and assure an
environment free from noise which threatens or affects the well-being of the
inhabitants of the Town; to protect, promote and preserve the public health,
safety and welfare by reducing and otherwise regulating noise levels to promote
the use and enjoyment of property; to protect the value of property; to protect
the enjoyment of sleep, comfort and repose; to promote commerce; and to protect
and improve the quality of life.
C.
This chapter shall be liberally construed to provide
an effective noise control program.
As used in this chapter, the following terms shall have the meanings
indicated:
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).
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.
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.
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.
A public calamity 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 Vehicle and Traffic Law, as amended or changed.
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.
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.
Any erratic, intermittent, statistically random oscillation or unwanted
sound.
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.
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.
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.
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.
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.
A.
No person shall make, continue or cause or permit to
be made or continued any excessive noise.
B.
Standards to be considered in determining whether excessive
noise exists in a given situation include but are not limited to the following:
(1)
The volume of the noise.
(2)
The intensity of the noise.
(3)
Whether the nature of the noise is usual or unusual.
(4)
Whether the origin of the noise is natural or unnatural.
(5)
The volume and intensity of the background noise, if
any.
(6)
The proximity of the noise to residential sleeping facilities.
(7)
The density of inhabitation of the area which the noise
emanates.
(8)
The time of the day or night the noise occurs.
(9)
The duration of the noise.
(10)
Whether the noise is recurrent, intermittent or constant.
(11)
Whether the noise is produced by a commercial or noncommercial
activity.
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[1]]
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.
[1]
Editor's Note: This local law also renumbered former §§ 160-6
through 160-8 as 160-7 through 160-9, respectively.
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.
No person shall engage in or permit any person to be engaged in construction activities which create excessive noise at the property limits of the construction site between the hours of 10:00 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 Commissioner of Public Works/Superintendent of Highways shall, within a reasonable time, grant a variance authorizing such construction activities for an initial period not to exceed 14 calendar days, upon a showing that the public health and safety and/or welfare necessitates said variance. The Commissioner 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 applicant may apply for a renewal of such variance for periods of time not exceeding 14 calendar days each, as long as the necessity continues. Any such variance granted shall be clearly marked on the application thereof and shall be prominently posted at the site of the construction activities by the applicant.
C.
In the case of an emergency, construction activities
directly connected with 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. In such an emergency, construction activities shall
not continue after the seventy-two-hour period unless prior to the expiration
of that period at least verbal approval is issued by the Commissioner or his
or her authorized subordinates to continue such activities and unless written
confirmation of such verbal approval is issued within four hours following
the start of the next normal business day of the Department of Public Works.
Approval or confirmation shall not be withheld unreasonably.
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.
A.
Registration required. It shall be unlawful for any person,
other than personnel of law enforcement or governmental agencies, to install,
use or operate within the Town a loudspeaker or sound-amplifying equipment
in a fixed or movable position or mounted upon any sound truck for the purposes
of giving instructions, directions, talks, addresses, lectures or transmitting
music to any persons or assemblages of persons in or upon any street, alley,
sidewalk, park, place or public property without first filing a registration
statement and obtaining approval thereof as set forth in this section. A permit
issued pursuant to this section may provide for a waiver of other requirements
of this chapter.
B.
Registration requirements and duties.
(1)
Registration statements: filing. Every user of sound-amplifying
equipment shall file a registration statement with the Town Clerk at least
five days prior to the date on which the sound-amplifying equipment is intended
to be used. Whenever necessary, the Town Clerk shall process the statement
as expeditiously as possible. The statement shall contain the following information:
(a)
The name, address and telephone number of both the owner
and user of the sound-amplifying equipment.
(b)
The maximum sound-producing power of the sound-amplifying
equipment, which shall include the wattage to be used, the volume in decibels
of sound which will be produced and the approximate distance for which sound
will be audible from the sound-amplifying equipment;
(c)
The license number if a sound truck is to be used;
(d)
A general description of the sound-amplifying equipment
which is to be used; and
(e)
Whether the sound-amplifying equipment will be used for
commercial or noncommercial purposes.
(2)
Registration statements: approval. The Town Clerk shall
return to the applicant an approved certified copy of the registration statement
unless it is found that:
(a)
The conditions of the motor vehicle movement are such
that in the opinion of the Chief of Police, use of the equipment would constitute
a detriment to traffic safety;
(b)
The conditions of pedestrian movement are such that in
the opinion of the Chief of Police use of the equipment would constitute a
detriment to traffic safety; or
(c)
The registration statement reveals that the applicant
would not be able to comply with the provisions of this chapter.
(3)
Registration statement: disapproval. In the event that
the registration statement is disapproved, the Town Clerk shall endorse upon
the statement the reasons for disapproval and return it forthwith to applicant.
The applicant may within five days thereafter appeal to the Town Board, who
may either approve or disapprove the application.
C.
Fees. Prior to the issuance of the registration statement, a fee established pursuant to § 1-18 for each day or any portion thereof shall be paid to the Town if the loudspeaker or sound-amplifying equipment is to be used for commercial purposes. No fee shall be required for the operation of loudspeaker or sound-amplifying equipment for noncommercial purposes.
[Amended 2-4-1997 by L.L.
No. 1-1997]
D.
Regulations. The commercial and noncommercial use of
sound-amplifying equipment shall be subject to the following regulation:
(1)
The only sounds permitted should be either music or human
speech, or both.
(2)
The operation of sound-amplifying equipment shall only
occur between the hours of 8:00 a.m. and 10:00 p.m. each day, except on Sundays
and legal holidays. No operation of sound-amplifying equipment for commercial
purposes shall be permitted on Sundays or legal holidays. The operation of
sound-amplifying equipment for noncommercial purposes on Sundays and legal
holidays shall only occur between the hours of 10:00 a.m. and 10:00 p.m.
(3)
No sound emanating from the sound-amplifying equipment
shall exceed 15 dB(A) above the ambient as measured at any property line.
(4)
It shall be unlawful to operate any sound-amplifying
equipment within 200 feet of churches, schools or hospitals except when said
equipment is being operated by such churches, schools or hospitals.
A.
Any person who shall violate any provisions of this chapter shall be guilty of an offense and, upon conviction thereof, shall be guilty of a Class B violation, punishable as provided in § 1-16.
B.
In addition to the above-provided penalties and punishment,
the Town Board may also maintain an action or proceeding in the name of the
Town in a court of competent jurisdiction to compel compliance with or to
restrain by injunction the violation of this chapter.
