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.
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.
Table I
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Maximum Permissible Sound Level Limits by Receiving Land Zones
dBA
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Residential1
7:30 a.m. to 10:00 p.m.
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Residential
10:00 p.m. to 7:30 a.m.
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Commercial2
7:30 a.m. to 12:00 midnight
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Commercial
12:00 midnight to 7:30 a.m.
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Outdoors
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60
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50
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65
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55
|
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Indoors3
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50
|
40
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55
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40
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1.
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Property receptor located within an area that's zoned residential.
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2.
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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).
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3.
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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.
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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.
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.