[HISTORY: Adopted by the Town Board of the Town of Cortlandville 8-17-2005
by L.L. No. 3-2005. Amendments noted where applicable.]
This chapter may be cited as the "Noise Control Ordinance of the Town
of Cortlandville."
It is hereby found and declared that excessive sound is a serious hazard
to the public health and welfare, safety and the quality of life in the Town
of Cortlandville; and it is further found and declared that the people have
a right to and should be insured of an environment free from excessive sound
that may jeopardize their health, welfare or safety, or degrade the quality
of life; and it is, therefore, hereby established as the policy of the Town
of Cortlandville to prevent excessive sound which may jeopardize the health
and welfare or safety of its citizens and degrade the quality of life.
As used in this chapter, the following terms shall have the meanings
indicated:
The unit of measurement for sound approximating the auditory sensitivity
of the human ear as measured with a sound level meter using the A-weighted
network.
Any occurrence or set of circumstances involving actual or imminent
physical trauma or property damage which demands immediate action.
Any work performed for the purpose of preventing or alleviating the
physical trauma or property damage threatened or caused by an emergency.
A vehicle listed as a motor vehicle as defined in the Vehicle and
Traffic Law of the State of New York.
A vehicle listed as a motorcycle as defined in the Vehicle and Traffic
Law of the State of New York.
A device for abating the sound of escaping gasses of an internal
combustion engine.
Any sound which annoys or disturbs humans or which causes or tends
to cause an adverse psychological or physiological effect on humans.
Any sound which endangers or injures the safety or health of humans
or animals, or annoys or disturbs a reasonable person of normal sensitivities,
or endangers or injures personal or real property.
Any individual, association, partnership, or corporation, and includes
any officer, employee, department, agency or instrumentality of a state or
any political subdivision of a state.
Any street, avenue, boulevard, highway, sidewalk or alley or similar
place which is owned or controlled by a governmental entity.
Any real property or structures thereon which are controlled or owned
by a governmental entity.
An imaginary line along the ground surface and its vertical extension,
which separates the real property owned by one person from that owned by another
person, but not including intra-building real property divisions.
The enforcement of this Noise Control Chapter shall be accomplished
by the Cortland County Sheriff.
Noise disturbances prohibited:
A.
General.
(1)
No person shall unreasonably make, continue, permit,
or cause to be made, continued or permitted any noise disturbance.
(2)
No person shall make, continue, permit, or cause to be
made, continued or permitted, any noise exceeding 65 dBA, as measured from
the real property boundary of the premises which is the source of the noise
(generating property boundary) from the hours 11:00 p.m. to 7:00 a.m., and
80 dBA at all other times. Furthermore, no person shall make, continue, permit,
or cause to be made, continued or permitted any noise exceeding 55 dBA, as
measured from the real property boundary of any premises used as a dwelling
(receiving property boundary), from the hours 11:00 p.m. to 7:00 a.m. and
65 dBA at all other times. A violation of this chapter shall occur if either
of these standards is exceeded.
B.
Specific violations. As examples, and not in limitation of the general statement of this chapter at Subsection A above, the following acts, and the causing thereof, are declared to be in violation of this chapter, when such acts create a noise disturbance across a real property boundary:
(1)
Radios, television sets, musical instruments and similar
devices. Operating, playing or permitting the operation or playing of any
radio, television, phonograph, musical instrument, sound amplifier, or similar
device which produces, reproduces, or amplifies sound.
(2)
Animals. Owning, possessing or harboring any animal which
frequently or for continued duration, makes a noise which creates a noise
disturbance across a real property boundary.
(3)
Adequate mufflers or sound dissipative devices.
(a)
No person shall operate or cause to be operated any motor
vehicle or motorcycle not equipped with a muffler or other sound-dissipative
device in good working order and in constant operation.
(b)
No person shall remove or render inoperative, or cause
to be removed or rendered inoperative, other than for purposes of maintenance,
repair, or replacement, any muffler or sound-dissipative device on a motor
vehicle or motorcycle.
(4)
Motor vehicle horns and signaling devices. The sounding
of any horn or other auditory signaling device on or in any motor vehicle
on any public right-of-way or public space, except as a warning of danger
or as provided in the Vehicle and Traffic Law of the State of New York.
(5)
Recreational motorized vehicles operating off public
rights-of-way. Except as otherwise permitted below, no person shall operate
or cause to be operated any recreational motorized vehicle off a public right-of-way
in such a manner as to create a noise disturbance across a real property boundary
or between the hours of 9:00 p.m. and 8:00 a.m. the following day. This section
shall apply to all recreational motorized vehicles, whether or not duly licensed
and registered, including, but not limited to, commercial or noncommercial
racing vehicles, motorcycles, go-carts, snowmobiles, amphibious craft, campers
and dune buggies, minibikes, and any other such type of vehicle with noise
characteristics of or similar to any of the above.
The provisions of this chapter shall not apply to:
A.
The emission of sound for the purpose of alerting persons
to the existence of an emergency; or
B.
The emission of sound in the performance of emergency
work; or
C.
Public speaking and public assembly activities conducted
on any public place or public right-of-way; or
D.
The emission of sound from agricultural equipment engaged
in agricultural or related activities.
A.
Any violation of the Noise Chapter shall be deemed an
offense and upon conviction shall be punishable by a fine of:
(1)
First offense: not less than $50 and not more than $100
and imprisonment in the jail of Cortland County until said fine is paid, not
exceeding one day for each dollar of fine imposed.
(2)
Second offense within one year: not less than $100 and
not more than $250 and imprisonment in the jail of Cortland County until said
fine is paid, not exceeding one day for each dollar of fine imposed.
(3)
Third offense within one year and each subsequent offense
within one year: not less than $250 and not more than $500, and imprisonment
in the jail of Cortland County until said fine is paid, not exceeding one
day for each dollar of fine imposed.
B.
Any person who willfully or knowingly violates any provision
of this chapter shall be fined for each offense a sum of not less than $250
and not more than $500 and imprisonment in the jail of Cortland County until
said fine is paid, not exceeding one day for each dollar of fine imposed.
C.
Each day of violation of any provision of this chapter
shall constitute a separate offense.
No provision of this chapter shall be construed to impair any common
law or statutory cause of action, or legal remedy therefrom, of any person
for injury or damage arising from any violation of this chapter or from other
law.
