The provisions of this Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this article shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources.
A.
It shall be unlawful for any person anywhere in the City to use or
to operate any radio or receiving set, musical instrument, phonograph,
television set, any other machine or device for the producing or reproducing
of sound or any other sound-amplifying equipment in a loud, annoying
or offensive manner such that noise from the device interferes with
the comfort, repose, health or safety or members of the public or
creates a risk thereof, within any building or, outside of a building,
at a distance of 25 feet or more from the source of such sound or
interferes with the conversation of members of the public who are
25 feet or more from the source of such sound.
B.
"Person" defined. For the purposes of this section:
(1)
For an offense that occurs on any public property where permission
was obtained to use that public property, a "person" shall include
the person or persons who obtained permission to utilize that property
for that event.
(2)
For an offense that occurs on private property, a "person" shall
include any adult person or persons who live in or on the property
that is involved in the offense.
A.
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 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 of a building, or creates the risk thereof, at a distance
of 25 feet or more from the source of such sound.
B.
For the purposes of this section, a "person in charge of a party
or other social event":
In addition to prohibitions set forth elsewhere in this chapter,
the following general prohibitions regarding sound levels shall apply
in determining unreasonable noise:
A.
No person shall operate or cause to be operated any source of continuous
sound from any occupancy in such a manner as to create a sound level
which exceeds the limits set forth in the receiving zone category
in Table I, when measured at or within the real property line of the
receiving property.
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Table I
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|---|---|---|---|
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Maximum Permissible Sound Level Limits by Receiving Land Zones
dBA
| |||
|
Residential1
7:30 a.m. to 10:00 p.m.
|
Residential
10:00 p.m. to 7:30 a.m.
|
Commercial2
7:30 a.m. to 12:00 midnight
|
Commercial
12:00 midnight to 7:30 a.m.
|
|
Outdoors
| |||
|
60
|
50
|
65
|
55
|
|
Indoors3
| |||
|
50
|
40
|
55
|
40
|
|
1.
|
Property receptor located within an area that's zoned residential.
|
|
2.
|
Property receptor located within an area that's zoned commercial,
including but not limited to those zones designated CBD, Waterfront,
B, WDEZ, MU (Collegetown Mixed-Use District), and PUD (projects that
have an approved PUD).
|
|
3.
|
The indoor permissible sound level limits will only apply if
the sound source is on or within the same property as the receiving
property, as in the case of a multi-dwelling-unit building or a multi-use
property (e.g., sound generated within a commercial unit of a multi-use
property building and received within a residential unit of the same
building). In addition, indoor measurements shall be taken if the
property line between the receiving property and the source property
is a common wall, floor or ceiling.
|
B.
Impulsive sound. No person shall make, cause, allow or permit the
operation of any impulsive source of sound within any and all property
in the City which has a maximum sound pressure level in excess of
80 dBA, when measured at or within the real property line of the receiver.
If an impulsive sound is the result of the normal operation of an
industrial or commercial facility and occurs more frequently than
four times in any hour the levels set forth in Table I shall apply.
A.
Unamplified human voice.
(1)
No person shall make, continue, or cause to be made or continued,
any unreasonable noise by use of the unamplified human voice. The
unamplified human voice engaged at conversational levels shall be
exempt from this provision if such sound is not plainly audible beyond
100 feet or does not infringe on the legitimate rights of others.
Raised vocal effort, such as shouting, yelling or screaming, with
intent to cause public inconvenience, annoyance or alarm or recklessly
causing a risk thereof or that serves no legitimate purpose, when
audible at distances greater than 100 feet, is prima facie evidence
of a violation of this provision. This shall not apply to spontaneous
utterances such as laughter, exclamations of warning, or sporting
events.
(2)
It shall be unlawful for any person to advertise, promote or sell
anything by outcry within any area of the City zoned for residential
uses, including all R and CR zones. 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.
B.
Machinery. It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined in § 240-4 of this chapter. In making such determination with respect to the matters governed by this section, additional factors to be considered shall include:
C.
Construction during nighttime hours.
(1)
Except for the purposes specified in Subsection B hereunder, during nighttime hours it shall be unlawful for any person within a residential zone or within 500 feet of a residential zone to operate construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to create noise. Any designated official of the City of Ithaca shall give a verbal warning that the violation exists and of the penalties that may result if the violation continues.
(2)
This section shall not be deemed to prohibit:
(a)
Work of an emergency nature.
(b)
Work of a domestic nature on buildings, structures or projects
being undertaken by a person(s) residing in such premises; provided
that, if any domestic power tool, including but not limited to mechanically
powered saws, sanders, grinders and lawn and garden tools used outdoors,
is operated during the nighttime hours, no person shall operate such
machinery so as to cause noise within a residential building or across
a residential real property boundary where such noise interferes with
the comfort, repose, health or safety of members of the public within
any building or, outside of a building, at 25 feet or more from the
source of the sound.
A.
No person shall remove or render inoperative, or cause to be removed
or rendered inoperative or less effective than originally equipped,
other than for the purposes of maintenance, repair, or replacement,
of any device or element of design incorporated in any motor vehicle
for the purpose of noise control. No person shall operate a motor
vehicle or motorcycle which has been so modified. A vehicle not meeting
these requirements shall be deemed in violation of this provision
if it is operated stationary or in motion in any public space or public
right-of-way.
B.
No motorcycle shall be operated stationary or in motion unless it
has a muffler that complies with and is labeled in accordance with
the federal noise regulations under 40 CFR 205.
C.
No person shall operate any motor vehicle with an engine braking
device engaged which does not have a muffler in good working order.
D.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that it is plainly
audible at a distance of 25 feet in any direction from the vehicle
between the hours of 10:00 p.m. and 7:30 a.m.
E.
Personal or commercial vehicular music amplification or reproduction
equipment shall not be operated in such a manner that is plainly audible
at a distance of 50 feet in any direction from the operator between
the hours of 7:30 a.m. and 10:00 p.m.
The provisions of this chapter shall not apply to:
A.
Sound and vibration emitted for the purpose of alerting people in
an emergency or in the performance of the response to an emergency.
B.
Sounds connected with any authorized carnival, fair, exhibition,
parade or community celebration or from any municipally sponsored
celebration, event, activity or individually sponsored event where
a permit or other relevant permission has been obtained from the City.
C.
The operation or use of any bell, chimes, or other instrument from
any church, synagogue, temple, mosque or school licensed or chartered
by the State of New York, provided such operation or use does not
occur during nighttime hours.
D.
Sounds created by any government agency by the use of public warning
devices.
E.
Noise from domestic power tools, lawn mowers, leaf blowers and agricultural
equipment when operated with a muffler between the hours of 8:00 a.m.
and 8:00 p.m. on weekdays and 9:00 a.m. and 8:00 p.m. on weekends
and legal holidays, provided they produce less than 75 dBA at or within
any real property line of a receiving residential property.
F.
Noise from snow blowers, snow throwers, and snow plows when operated
with a muffler for the purpose of snow removal.
G.
Noise from an exterior burglar alarm of any building or motor vehicle,
provided such burglar alarm shall terminate its operation within five
minutes after it has been activated.
H.
Sounds created by any governmental agency or railroad agency by the
use of public warning devices or created by public utilities in carrying
out the normal operations of their franchises.
I.
Noise necessarily or customarily caused by construction, demolition,
repair or other activity conducted pursuant to a building permit issued
by the City of Ithaca, and in compliance with all limitations required
by the building permit and from site plan review.
