Except as provided for in § 157-8 of the City Code regarding the Ithaca Commons:
A.
Where a sound source exists, is planned, installed or intended to be installed or modified by any person in a manner that such source will create or is likely to create unreasonable noise or otherwise fail to comply with the provisions of this chapter, such person must secure a permit pursuant to Subsection D of this section.
B.
Where any person uses or plans to use any sound-amplifying equipment in such a way that such equipment is or will be heard outside of any building or vehicle between 10:00 p.m. of any day and 7:30 a.m. of the next day, such person must secure a permit pursuant to Subsection D of this section.
C.
Where any person uses or plans to use a public-address system that will make sound outside of a building, such person must secure a permit pursuant to Subsection D of this section.
D.
Applications shall be submitted at least 72 hours in advance of an
event. The application for the permit shall provide the following
information:
(1)
The reasons for such usage, including a demonstration why it is desirable
or necessary that the sound source involved be authorized by a permit
pursuant to this section.
(2)
Plans and specifications of the use.
(3)
Noise-abatement and -control methods to be used with respect to the
sound source involved.
(4)
The period of time during which the permit shall apply.
(5)
The name of the person(s) who is responsible for ensuring that the
activity complies with any permit issued for it pursuant to this section.
(6)
If required by the party issuing the permit, proof that notification
of the application for the permit has been given to each person reasonably
expected to be affected by the noise, the content of such notification
and the manner in which such notification has been given, if the event
is not a community-wide or public event. The notification shall state
that any person objecting to the granting of such permit may contact
the appropriate City department to which the application is being
made to express his/her opposition to the granting of the permit.
E.
The application shall be made to the Superintendent of Public Works,
or his/her designee, in connection with construction work on public
rights-of-way or in parks; to the Director of Planning and Development,
or his/her designee, for all other construction projects; and for
others to the City Manager or his/her designee. The issuance of permits
shall be discretionary, and a permit shall be issued only where the
responsible official determines that such permit is reasonable and
necessary and will allow an activity that is consistent with the general
purposes of this chapter, as stated in § 240-2. When determining
if a permit should be issued, factors the official shall consider
shall include but are not limited to the volume of the noise, the
proximity of the noise to sleeping facilities, the time of the day
or night the noise occurs, the time duration of the noise, and the
impact of the noise on persons living or working in different places
or premises who are affected by the noise. Any permit granted shall
state that the permit only applies to this chapter, and that § 240.20,
Subdivision 2, of the Penal Law of the State of New York, Disorderly
Conduct, provides that "a person is guilty of disorderly conduct when,
with intent to cause public inconvenience, annoyance or alarm or recklessly
creating a risk thereof: . . . he makes unreasonable noise."
[Amended 11-3-2021 by Ord. No. 2021-09]
F.
In order to further the purposes of this chapter and to facilitate
its implementation and enforcement, the Superintendent of Public Works,
the Director of Planning and Development and the City Manager, or
their designees, shall have authority to impose such conditions as
they determine are reasonable and necessary on permits they issue
pursuant to this section. Such conditions may govern factors which
include but are not limited to the time and location the involved
sound source may be utilized.
[Amended 11-3-2021 by Ord. No. 2021-09]
G.
The Superintendent of Public Works, the Director of Planning and
Development and the City Manager, or their designees, shall provide
the Chief of Police with a copy of any permit issued pursuant to this
section.
[Amended 11-3-2021 by Ord. No. 2021-09]
[Amended 11-3-2021 by Ord. No. 2021-09]
The City Manager or his/her designee may grant for a sustained
duration an individual variance from the limitations prescribed in
this article whenever it is found, after a noticed public hearing
before the Planning and Economic Development Committee of Common Council
and upon presentation of adequate proof, that compliance with any
part of this article will impose an undue economic burden upon any
lawful business, occupation or activity, and that the granting of
the variance will not result in a condition injurious to health or
safety.
A.
Any variance, or renewal thereof, shall be granted within the following
limitations:
(1)
If the variance is granted on the grounds that compliance with the
particular requirement or requirements will necessitate the taking
of measures which, because of their extent or cost, must be spread
over a considerable period of time, it shall be for a period not to
exceed such reasonable time as, in the view of the City Manager or
his/her designee, is requisite for taking of the necessary measures.
A variance granted on the ground specified in this subsection shall
contain a timetable for taking of action in an expeditious manner
and shall be conditioned on adherence to the timetable; or
B.
Any person seeking a variance shall file a petition for variance
and a filing fee of $50 with the City Manager or his/her designee.
The City Manager or his/her designee shall thereafter conduct a noticed
public hearing in accordance with this section at a regularly scheduled
meeting of the Planning and Economic Development Committee of Common
Council, accept documentary and testimonial evidence in accordance
with accepted administrative hearing procedures, and make a final
decision regarding the granting of the variance.
C.
Written notice of the public hearing, the time and place of which
shall be set by the City Manager or his/her designee, shall be mailed
by the petitioner at least 10 days prior to the hearing, with proof
of mailing provided to the City Manager at least eight days prior
to the hearing, to:
(1)
The owners as shown by the records of the County Assessor of lots
comprising the site of the variance and lots within 200 feet, excluding
public right-of-way, of the site of the variance;
(2)
Any neighborhood association if the site of the variance is within
the neighborhood association's boundaries or within 200 feet of the
neighborhood association's boundaries, excluding public right-of-way.
(3)
Any other person or entity that has filed with the City Manager a
request to receive a notice of the variance proceeding.
D.
The notice of hearing shall set forth the name and address of the
petitioner, the location of the site of the variance, that the petitioner
has requested a variance from this chapter, the nature of the requested
variance, and that part of the chapter that would be waived if approved.
E.
Following the hearing, the City Manager or his/her designee shall
render a written final decision, including findings of fact and conclusions
of law, and shall mail the decision to all parties of record.
A.
Any person who shall violate any provision of this chapter shall
be punishable by a fine not to exceed $500 or imprisonment of not
more than 15 days, or not more than 100 hours of community service
or any combination of such fine and imprisonment and not less than
$100 or 25 hours of community service; provided, however, that a person
who shall violate any provision of this chapter after having been
convicted of a violation of any provision of this chapter within the
preceding three years shall be punishable by a fine not to exceed
$750 or by imprisonment of not more than 15 days, or not more than
125 hours of community service or any combination of such fine and
imprisonment and not less than $200 or 40 hours of community service;
and further provided that any person who shall violate any provision
of this chapter after having been convicted two or more times of a
violation of any provision of this chapter within the preceding three
years shall be punishable by a fine not to exceed $1,000 or by imprisonment
of not more than 15 days, or not more than 125 hours of community
service, or any combination of such fine and imprisonment, and not
less than $300 or 50 hours of community service. For any penalties
of community service, the court may accept community service from
people other than the defendant whom the court deems appropriate,
such as other residents of the premises or others who choose to accept
responsibility for the violation. In assessment of the above penalties,
aggravating factors shall include but not be limited to the presence
of the following factors:
(1)
A common source of alcohol such as a keg;
(2)
A live band or disc jockey or other live entertainment;
(3)
Amplified sound emanating from speakers placed or directed outside
of the building;
(4)
A charge to gain entrance into the premises or to consume alcohol;
(6)
The offense takes place after midnight on weekdays and 1:00 a.m.
on weekends and before the following 6:00 a.m.;
(7)
More than 25 guests on the premises, "guests" being defined for the
purposes of this section as any people who do not reside at the premises;
(8)
Any underage person or persons possessing or consuming alcohol on
the premises, each underage person constituting a separate aggravating
circumstance;
(9)
More than one complaint made to the police about the noise, each
complaint after the first being a separate aggravating circumstance.
B.
For purposes of this chapter, for any offense that takes place on
private property, if the person or persons directly responsible for
the activity that violates any provision of this chapter cannot be
determined, then all residents of the property on which the activity
takes place shall be presumed to be responsible for the violation.
