[HISTORY: Adopted by the Common Council of the City of Oneida 6-19-1990 by Ord. No. 90-05. Amendments noted where applicable.]
The purpose of this chapter is to protect the health and well-being of persons by imposing restrictions and regulations relating to the making of unreasonable noise.
As used in this chapter, terms shall have the meanings indicated:
- COMMERCIAL OR INDUSTRIAL DISTRICT
- Any commercial or industrial zoning district within the corporate limits of the City of Oneida.
- CONSTRUCTION DEVICE
- Any powered device or equipment designed and intended for use in construction. Examples of construction devices are air compressors, bulldozers, backhoes, trucks, shovels, derricks and cranes.
- The abbreviation for decibel.
- The A-weighted sound level in decibels, as measured by a general purpose sound level meter complying with the provisions of the American National Standard Institute Specifications for Sound Level Meters (ANSI Sec. 1.4, 1971), properly calibrated, and operated on the A-weighting network.
- A unit for measuring the volume of a sound, equal to the logarithm of the ratio of the sound pressure of the sound to the sound pressure of a standard sound (0.0002 microbar); abbreviated "dB."
- The number of oscillations per second, expressed in hertz (abbreviation "Hz").
- HOMEOWNERS' LIGHT RESIDENTIAL OUTDOOR EQUIPMENT
- All engine- or motor-powered garden or maintenance tools intended for repetitive use in residential areas, typically capable of being used by a homeowner. Examples of homeowners' light residential outdoor equipment are lawn mowers, garden tools, riding tractors, snowblowers, snowplows, etc.
- The abbreviation for Hertz, and is equivalent to cycles per second.
- Any individual, association, firm, syndicate, company, trust, corporation, department, bureau or agency or other entity recognized by law as the subject of rights and duties.
- PRESUMPTION OF UNREASONABLE NOISE
- The following noises are presumed to be unreasonable:
- A. Noise which contains a sufficient acoustic vibration which causes temporary or permanent hearing loss in a person so exposed to such noise.
- B. Noise which interferes with another person's use of his property or the conduct of his business and results from the operation of any radio, receiving set, musical instrument, phonograph, television set or other machine or device used for the producing or reproducing of sound in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants and in such a manner as to be plainly audible at a distance of 50 feet from the area, building, structure or vehicle in which it is located.
- C. Any noise which is plainly audible at a distance of 50 feet from the area, building, structure or vehicle from which the noise originates.
- RESIDENTIAL DISTRICT
- All residential zoning districts within the corporate limits of the City of Oneida.
- UNREASONABLE NOISE
- A noise of a type or volume that a reasonable person, under the circumstances, would not tolerate.
No person shall make, continue, cause or suffer to be made or continued any unreasonable noise, as defined herein. The following enumerative acts are declared to be in violation of this section:
Sound reproduction device.
No person shall operate or cause to be operated a sound reproductive device that produces unreasonable noise.
No person shall operate, use or cause to be operated any sound reproductive device for commercial or business advertising or for the purpose of attracting attention to any performance, show or the sale or display of merchandise in connection with any commercial operation. This subsection includes, but is not limited to, radios, televisions, phonographs, tape recorders, homograph records or tapes which are for sale in front of or outside of any building near a public street, park or place where the sound produced may be heard upon such public street, park or place. Nothing in this subsection is intended to prohibit sound emanating from sporting events, entertainment or other public events where such devises are used. Any other commercial enterprise using a sound reproductive device for purposes of attracting business must obtain a permit. Permit may be granted at the reasonable discretion of the City Council after opportunity to the applicant to be heard. Permit hours will be restricted; permit fee to be established by the City Council.
Animals. No person shall keep, permit or maintain any animal under his control which frequently or for continued duration makes sounds which create an unreasonable noise.
Loading and unloading. No person shall engage in, cause or permit the loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of 7:00 p.m. and 7:00 a.m. the following day, in such a manner as to cause unreasonable noise.
Squealing tires. No person shall intentionally operate a vehicle in such a manner as to cause unreasonable noise by the spinning of the tires of such vehicle.
Construction. No person shall operate or permit to be operated any tool or equipment used in construction, drilling or demolition work between the hours of 8:00 p.m. and 7:00 a.m. of the following day, in such a manner that the resulting sound creates unreasonable noise. This provision shall not apply to any emergency work.
Noisy muffler. No person shall operate a motor vehicle which does not contain in operating condition a muffler or other such sound suppressing equipment designed to prevent such vehicle from causing unnecessary noise.
Apartments and multiple dwellings.
[Added 6-4-2003 by Ord. No. 03-04]
No person shall make unreasonable noise in an apartment building or multiple dwelling such that the noise is audible from an apartment or separate dwelling unit within such building or in proximity thereto and interferes with the reasonable quiet use and enjoyment of such residence by the occupant(s) of said apartment or dwelling unit.
Unreasonable noise shall include but not be limited to noise from loud music, repeated yelling, fighting, stomping, banging, animal noise or any other source.
Upon the first complaint regarding a violation of this subsection, the police shall issue a written warning to the offender. A second violation of this subsection by the same occupant(s) at the same premises within one year from the date of any warning issued to such occupant(s) at such premises shall constitute a violation punishable as provided in this chapter. A third violation of this subsection by the same occupant(s) at the same premises within one year from the date of any prior violation shall constitute a misdemeanor punishable as provided in this chapter.
No person shall create or cause to be emitted any noise which, when measured at any lot line in a residential district, exceeds the following standards:
No person shall create or cause to be emitted any noise which when measured at any lot line in a commercial or industrial district exceeds the following standards:
The provisions of the above shall apply except for the following:
The intermittent or occasional use between 8:00 a.m. and 8:00 p.m. of homeowners' light residential outdoor equipment or commercial service equipment, provided that such equipment and its use comply with the other provisions of this section.
Construction activities between 8:00 a.m. and 8:00 p.m. and the associated use of construction devices or the noise produced thereby, provided that such activities and such equipment and their use comply with the other provisions of this section.
Noise from church bells or chimes used in connection with religious services.
Noise of aircraft flight operations.
The lawful operation of properly equipped motor vehicles.
Any person who shall violate any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250.
In addition to any other remedy provided by local law, the City may bring a proceeding to enjoin a violation of this section.
Except as provided in § 98-3G, any person who violates any provision of this chapter for a second time within one year from the date of a prior conviction for a violation of this chapter shall be guilty of a misdemeanor and shall be sentenced to a fine not exceeding $1,000 or by imprisonment not to exceed one year, or both such fine and imprisonment.