This chapter shall be known and may be cited as the "Town of Ithaca Noise Ordinance" whether adopted as an ordinance or local law. Hereinafter, this law is sometimes referred to as "this chapter."
This chapter shall apply to all areas of the Town outside the Village of Cayuga Heights.
The purpose of this chapter is to preserve the public health, peace, comfort, repose, welfare, safety and good order by suppressing the making, creation, or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual or unnatural in their time, place, and use or which are detrimental to the environment.
Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows:
- ADULT PERSON
- A person who is at least 16 years old.
- DAYTIME HOURS
- The hours beginning at 7:00 a.m. local time on any day and ending at 9:00 p.m. local time.
- EMERGENCY WORK
- Work made necessary to restore property to a safe condition following a public calamity or work necessary to protect persons or property from an imminent exposure to danger.
- IMPULSIVE SOUND
- A sound of short duration, usually less than one second, and of high intensity, with an abrupt onset and rapid decay.
- MOTOR VEHICLES
- Includes, but is not limited to, automobiles, trucks, buses, mopeds, minibikes, and any other vehicle as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time.
- NIGHTTIME HOURS
- The hours beginning at 9:01 p.m. local time on any day and ending at 6:59 a.m. local time on the following day.
- Includes the singular and plural and also any individual, any property owner and/or lessee, any firm, corporation, political subdivision, government agency, association or organization, including but not limited to officers, directors, employees, agents and/or independent contractors thereof, or any legal entity whatsoever.
- RESIDENTIAL ZONE
- A Conservation, Agricultural, Lakefront Residential, Low-Density Residential, Medium-Density Residential, High-Density Residential, Mobile Home Park, or Multiple Residence Zone, as defined in Chapter 270, Zoning. "Residential Zone" also includes any special land use district or planned development zone in Chapter 271, Zoning: Special Land Use Districts, wherein the predominant land use is residential. Should such chapters be amended or replaced and by so doing adds additional zones or differently denominated zones, "residence zones" shall mean those zones determined under such laws or any successor statutes wherein the predominant intended land use is residential.
- SOUND-AMPLIFYING EQUIPMENT
- Any machine or device for the amplification of the human voice, instrumental music, or any other sound. Sound-amplifying equipment shall not include standard automobile sound systems when used and heard only by the occupants of the motor vehicle in which such automobile sound system is installed. As used in this chapter, sound-amplifying equipment shall not include warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes, or authorized fire horns or other authorized emergency alarms.
- All of the Town of Ithaca exclusive of the portion of the Town within the incorporated Village of Cayuga Heights.
- UNREASONABLE NOISE
- Any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, or which causes injury to animal life or damages to property or business.
No person shall make, continue, cause or permit to be made any unreasonable noise.
Factors to be considered in determining whether unreasonable noise exists in a given situation include, but are not limited to, any or all of the following:
The intensity of the noise.
The duration of the noise.
The intensity of the background noise, if any.
The zoning district within which the noise emanates and all zoning districts that lie within 500 feet of the source of the sound.
The time of the day or night the noise occurs.
The proximity of the noise to sleeping facilities.
Whether the noise is continuous or impulsive.
The existence of complaints concerning the noise from one or more persons who are affected by the noise.
Whether the nature of the noise is usual or unusual.
Whether the noise is due to a natural or a human-made activity.