It is hereby declared to be the policy of the Town Board to prevent
unreasonable 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 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 Tully 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:
A-WEIGHTED SOUND LEVEL
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.
DECIBEL (dB)
The practical unit of measurement for sound pressure level; the number
of decibels of a measured sound is equal to 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 (20 micropascals); abbreviated dB.
NOISE
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.
PROPERTY LINE
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 located within a multidwelling-unit building.
SOUND DEVICE OR APPARATUS
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
SOUND LEVEL
The sound pressure level measured in decibels with a sound-level
meter set for A-weighting; sound level is expressed in dBA.
UNNECESSARY
That which is not required by the usual circumstances.
The following sounds shall not be deemed a violation of this chapter:
A. Sounds created by church bells or chimes.
B. Sounds created by any government agency or by the use
of public warning devices.
C. Sounds created by lawnmowers, manual and power tools
and household appliances in use between the hours of 8:00 a.m. and 8:00 p.m.
weekdays, and 9:00 a.m. and 8:00 p.m. Sundays.
D. Sounds created by carbide cannons or poppers used by
a farmer having not less than 10 acres in crop cultivation during growing
season.
E. Sounds created by public utilities in carrying out the
operation of their franchises.
F. 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. Noise will be reduced between the hours of 11:00
p.m. and 7:00 a.m.
G. Sounds created by agricultural equipment under normal
operation.
Any person who shall violate any of the provisions of this chapter shall
be guilty of a violation and shall be punishable by a fine of not more than
$250 or imprisonment for not more than 15 days, or both. This chapter shall
be administered and enforced by the Code Enforcement Officer of the Town of
Tully.