City of Oswego, NY Noise

No person shall use, operate or permit to be used or operated any radio, radio receiving set, musical instrument, phonograph, jukebox or other machine or device for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants by creating unreasonable noise across a real property boundary line. The noise shall be measured from the real property boundary line nearest to the source of the complaint.

The permit requirement for a sound amplifying system on public property shall be as follows:

(a)

No person shall use, operate or permit to be used or operated a sound reproducing device upon any public street or place without obtaining permission in writing of the Common Council prior to use or operation.

(b)

The Common Council shall not refuse said permit unless there is substantial and convincing evidence that said sound reproduction would result in an unreasonable interference of others or unreasonable interference with the safety, peace and quiet of those on surrounding private property or use of public streets and places.

Animals. No person shall own, harbor or possess any animal (including birds) that continuously or frequently creates an unreasonable noise across a real property boundary line. This provision is specifically intended to address a barking dog to be defined as a dog that continuously barks for a ten-minute period or intermittently for 30 minutes.

Alarms. No person shall maintain an alarm system in a building/residence or motor vehicle unless said alarm system is capable of and shall automatically cease its operation within a fifteen-minute period from the time of activation, and any person utilizing the local alarm system within the City of Oswego shall be deemed to have given consent to the police and/or fire officials of the City of Oswego to disable such alarm pursuant to the provision of § 57-12 of this Code.

Emergency warning device. No person shall use or operate or permit the use or operation of any emergency warning device, except as follows:

To give notice or warning of any emergency;

On an authorized vehicle when such vehicle is engaged in said emergency operations; or

When such device is under test.

Motor vehicles.

All motor vehicles operated within the limits of the City shall be subject to the noise standards and decibel levels as set forth in the regulations of the State of New York Vehicle and Traffic Law.[1] No person shall operate a motor vehicle in such a manner as to create unreasonable noise by the spinning or squealing of tires on said vehicle or in such a manner to at any time create the sound-pressure level emitted by said vehicle to exceed the limitations set forth in the New York Vehicle and Traffic Law §§ 386 and 1162.

[1]

Editor's Note: See also 6 NYCRR Subchapter E.

No sound amplifying devices on or within motor vehicles shall emit noise in excess of the noise levels as specified in this chapter.

No person shall operate or cause or permit to be operated any motor vehicle with a gross vehicle weight rating (GVWR) in excess of 10,000 pounds or any auxiliary equipment attached to such vehicle for a period longer than 20 minutes in any hour while the vehicle is stationary, for reasons other than traffic congestion, on a public right-of-way or public space so that the sound therefrom is audible across a residential real property boundary between the hours of 8:00 p.m. and 7:00 a.m. the following day.

Shouting. No person shall shout, yell, hoot, whistle or sing on a public street or public place in such a manner as to create an unreasonable noise.

Outdoor equipment; power tools. No person shall use or operate or permit the use or operation of any powered tools or equipment, including but not limited to saws, sanders, drills, grinders, lawn or garden tools, lawn mowers, tractors and leaf blowers, when used outdoors during the nighttime hours, so as to create unreasonable noise.

Construction. No person shall engage in construction or permit construction, as defined herein in such a manner as to cause unreasonable noise during the nighttime on weekdays and weekends, exclusive of emergency work and safety/protective devices.

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 9:00 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 Subsection H(2) and (3) hereof.

Following the receipt of a written application for a variance from the requirements of Subsection H(1), the City Engineer's office may, within a reasonable time, grant a variance authorizing such construction activities upon the applicant's demonstration of hardship and/or practical difficulty in meeting said requirements or upon a determination that the public interest will be served by the granting of the requested variance. The City Engineer's office 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.

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. However, notification must be made to the Police Department together with an explanation, in writing, of why said construction is an emergency. In such an emergency, construction activities shall not continue after the seventy-two-hour period unless prior to the expiration of that period verbal or written approval is issued by the City Engineer or his or her authorized subordinates to continue such activities and unless written confirmation of any verbal approval is issued within four hours following the start of the next normal business day of the City Engineer's office. Approval or confirmation shall not be withheld unreasonably.

Places of public assembly. No person shall operate or permit the use or operation of a public place of assembly, including but not limited to a restaurant, bar, cafe, discotheque or dance hall, in which the sound level is equal to or exceeds 55 dBs in a residential area or 65 dBs in a commercial area for more than 30 seconds at the location of said assembly.

Noise-sensitive zones. No person shall create or permit the creation of any unreasonable noise exceeding 55 dB on any street, sidewalk or public place adjacent to any school, church, house of worship, senior citizen center, library, court or authorized day-care center while in use or adjacent to any hospital or nursing home at any time provided that signs are displaced so as to identify such location as listed above.

Parties and other social events.

[Amended 8-26-2013]

It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce unreasonable noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or outside building, or recklessly creates the risk thereof.

For the purpose of this section, a "person in charge of a party or other social event":

(a)

That occurs on any public property shall be the person or persons who obtained permission to utilize that property for that event.

(b)

That occurs on private property shall be the persons or business entity who own or lease premises involved or any adult person who lives in or on the premises involved in such party or social event.

(c)

Where beer is being served from a keg on the premises, shall also include the person to whom the keg is registered in addition to any person designated in Subsection K(2)(a) and (b) above.

No person shall conduct parties or other gatherings of people whereby unreasonable noises are emitted after 9:00 p.m. and before 7:00 a.m. as to unreasonably interfere with the quiet, comfort and repose of any person in any dwelling or other type of residence.

§ 165-5 Noise in excess of permissible sound levels.

It shall be unlawful for any person to make, continue or cause to be made or continued any noise which exposes any person to continuous sound levels in excess of those shown in the table, below, unless an exception as set forth in § 165-6 herein shall be applicable. Police can order that said noise be ceased if said noise is not in compliance with this section and if said noise does not fall into the category of an exception.

Measurement of Permissible Sound Levels
		Maximum Permissible Noise Levels by Receiving Property Use Category (dB)
Sound Source Property Use Category	Time Period	Residential	Commercial
Residential (R1, R2, R3, R4)	7:00 a.m. to 9:00 p.m.	55	65
	9:00 p.m. to 7:00 a.m.	50	65
Business/Industrial (B1, B2, B3, IIV)	7:00 a.m. to 9:00 p.m.	65	65
	9:00 p.m. to 7:00 a.m.	50	65

§ 165-6 Exceptions.

The requirements, provisions, prohibitions and terms of this chapter shall apply to all unreasonable noise with the exception of the following:

Any emergency vehicle authorized and responding to an emergency call or acting in time of an emergency.

Any and all activities that are permitted on a temporary basis in compliance with all laws and for which a license or permit has been issued or permission has been granted by the City of Oswego, including but not limited to parades, fireworks displays, all Harborfest-sponsored events, Farmer's Market, events sponsored by the Chamber of Commerce, concerts, car racing and other events held at the Oswego Speedway.

Any and all noise emanating from a publicly sponsored and/or authorized sporting, entertainment or other public event.

Normal operations of City and County DPW equipment.

Private snow removal equipment,

§ 165-7 Authority to grant exceptions and variances; application.

The Common Council of the City of Oswego 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 said Council shall deem fit to best serve the public health and welfare and the quality of life in the City of Oswego.

Any person seeking a variance or temporary permit pursuant to this section shall file an application with the Common Council. Said application shall consist of a verified letter signed by the applicant containing information that demonstrates that it would constitute an unreasonable hardship on the applicant, on the community or other persons to bring the sound or activity for which the variance is sought into compliance with this chapter. In addition, said letter shall contain the following information:

The date, time and location of the event for which said variance or temporary permit is being requested.

The plan, specifications and other pertinent information regarding the sources of the sound;