[HISTORY: Adopted by the Town Board of the Town of DeWitt 7-14-1975; amended in its entirety 1-13-1986. Section 126-6A(9) amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other
amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 192.
This chapter shall be known and may be cited as the "Noise Control Law
of the Town of DeWitt."
It is hereby declared to be the policy of the Town Board to prevent
unreasonably loud, disturbing and unnecessary noise and to reduce noise level
within the town so as to preserve, protect and promote the public health,
safety and welfare and to foster convenience, peace and quiet within the town
by the inhabitants and transients thereof. The Town Board finds that every
person is entitled to have maintained noise levels which are not detrimental
to life, health and the enjoyment of property and that excessive and unnecessary
noise within the Town of DeWitt affects and is a menace to public health,
safety, welfare and the comfort of the people of the town.
For the purposes of this chapter, the terms used herein are defined
as follows:
The sound level, in decibels, reported as measured by a sound-level-measuring
instrument having an A-weighting network which discriminates against the lower
frequencies according to a relationship approximating the auditory sensitivity
of the human ear. The level so read is designated "dBA."
The practical unit of measurement for sound pressure level. The number
of "decibels" of a measured sound is equal to twenty (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 [twenty (20) micropascals]; abbreviated
"dB."
Any building wherein there are two (2) or more dwelling units.
Any sounds of such level and duration as to be or tend to be injurious
to human health or welfare or that would unreasonably interfere with the enjoyment
of life or property.[1]
Either the imaginary line, including its vertical extension, that
separates one parcel of real property from another or the vertical and horizontal
boundaries of a dwelling unit that is one in a multi-dwelling-unit building.
Any apparatus for human habitation.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
The sound pressure level measured in decibels with a sound-level
meter set for A-weighting. "Sound level" is expressed in dBA.
An instrument for the measurement of noise and sound.
That which is not required by the usual circumstances.
No person shall cause, suffer, allow or permit the operation of any
source of sound on a particular category of property or any public space or
right-of-way in such a manner as to create a sound level that exceeds the
particular sound level limits set forth as follows: between 7:00 a.m. and
10:00 p.m., seventy (70) dBA and between 10:00 p.m. and 7:00 a.m., fifty (50)
dBA when measured at the adjoining property line.
The following sounds shall not be deemed to be a violation of this chapter:
A.
Church bells: sounds created by church bells or chimes.
B.
Warning devices: sounds created by any government agency
or by the use of public warning devices.
C.
Lawn mowers: sounds created by lawn mowers, manual and
power tools and household appliances in use between the hours of 8:00 a.m.
and 8:00 p.m., prevailing time, weekdays, and 9:00 a.m. and 8:00 p.m., prevailing
time, Sundays.
D.
Carbide cannons or poppers: sounds created by carbide
cannons or poppers used by a farmer having not less than ten (10) acres in
crop cultivation during the growing season.
E.
Public utilities: sounds created by public utilities
in carrying out the operation of their franchises.
F.
Sporting events and public entertainment: sounds connected
with sporting events of any public or private school or authorized carnival,
fair, exhibition, parade, etc., allowed by permit of the Town Board or any
other designated authority of the Town Board. Noise will be reduced between
the hours of 11:00 p.m. and 7:00 a.m.
A.
The following noises shall be prohibited:
(1)
Radio, phonograph or musical instruments: the operation
of any radio, phonograph or loudspeaker or use of any musical instrument in
such a manner or with such volume as to annoy or disturb the quiet, comfort
or repose of persons in any dwelling, apartment or other type of residence.
(2)
Animals and birds: owning, possessing or harboring any
pet animal or pet bird that frequently or for continued duration makes sounds
that create a noise disturbance across a residential real property line. [For
the purpose of this section, a noise disturbance from a barking dog shall
be defined as that created by a dog barking continually for ten (10) minutes
or intermittently for thirty (30) minutes unless provoked.] This subsection
shall be enforced by the Dog Control Officer during regular business hours.
(3)
Automobiles and other vehicles: the use of any automobile,
motorcycle, bus or vehicle so out of repair, so loaded or in such manner as
to create loud and unnecessary grating, grinding, rattling or other noise.
(4)
Exhaust of engines: the discharge into the open air of
the exhaust of any stationary internal-combustion engine or motor vehicle
engine, except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
(5)
Construction work: the erection, including excavation,
demolition, alteration or repair, of any building other than between 7:00
a.m. and 7:30 p.m., except in the case of urgent necessity in the interest
of public safety as determined by the building inspector or other applicable
laws in the Town of DeWitt.
(6)
Adjoining schools, churches or medical facilities: the
creation of any excessive noise on any street adjacent to any school, church,
institution of learning or court, while the same is in session, or medical
facility which unreasonably interferes with the workings of such institution,
provided that conspicuous signs are displayed in such streets indicating that
the same is a school, medical facility or church street.
(7)
Loading and unloading vehicles: the creation of a loud
and excessive noise in connection with loading or unloading any vehicle or
the opening and destruction of bales, boxes, crates and containers.
(8)
Loudspeaker or noise-making device: the use of any drum,
loudspeaker or other instrument or device for the purpose of attracting attention
to any sale or display of merchandise by the creation of noise.
(9)
Horn or signal: the sounding of any horn or signal device
on any vehicle, motorcycle, bus or other device, except as a warning signal
pursuant to the provisions of § 375 of the Vehicle and Traffic Law
of the State of New York.
[Amended 2-15-1991 by L.L. No. 1-1991]
(10)
Projecting noises outside buildings: the use of any radio
apparatus, talking machine, loudspeaker or amplifier attached thereto in such
manner that the loudspeaker shall cause the sound from such radio apparatus
or talking machine to be projected directly therefrom outside of any building
or out of doors or the use of any radio apparatus, talking machine, loudspeaker
or amplifier which is in any way fastened to or connected with any outside
wall or window in any building or structure so that the sound therefrom is
projected outside of such outside wall or window. Nothing herein contained
shall be construed to prevent the operation of a radio apparatus or talking
machine used in a reasonable manner by any person within any building or structure,
provided that said radio apparatus or talking machine or loudspeaker is not
so arranged that such loudspeaker shall project the sound therefrom directly
outside of any building or out of doors.
(11)
Hawking and peddling: the shouting and crying of peddlers,
hawkers and vendors, which disturbs the peace and quiet of the neighborhood.
(12)
Noise in conduct of business: the creation of any unnecessary
noise in the operation, conduct and/or maintenance of any business, factory,
plant, yard or manufacturing establishment, including excavating, blasting
(where permitted), grinding, breaking, crushing or processing of any substance
or material.
(13)
Annoying sounds: the creating of any noise which causes
public inconvenience, annoyance or alarm or disturbs the public's peace,
comfort or tranquility.
B.
Sound device prohibitions. It shall be unlawful for any
person to use or operate or cause to be used or operated any sound device
or apparatus in, on, near or adjacent to any public street, part or place
for commercial or business advertising purposes or for any person to operate
or drive any automobile, truck or other vehicle for commercial or business
advertising by means of any sound device or apparatus. The use of any trade,
business or corporate name or business advertising shall be presumptive evidence
that such advertising was conducted by that person, business or corporation.
[Amended 6-8-1992]
Any person who shall violate any of the provisions of this chapter shall
be guilty of a violation pursuant to the Penal Law and shall be punishable
by a fine of not more than two hundred fifty dollars ($250.) or imprisonment
for not more than fifteen (15) days, or both. The continuation of an offense
for each day [twenty-four (24) hours] shall be deemed a distinct and separate
offense.
[Added 6-8-1992]
This chapter shall be enforced during regular business hours by the
Code Enforcement Officer and at all times by the Police Department.
