[HISTORY: Adopted by the City Council of the City of Batavia 8-9-1999.
Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Those areas designated "C" on the City of Batavia Zoning Map.
Any occurrence or circumstance involving actual or imminent physical
or property damage which demands immediate attention.
Any sound signal device that is to warn of an emergency.
Any undesirable audible sound.
Those areas designated "R" on the City of Batavia Zoning Map.
Any oscillation in pressure, particle velocity or other physical
parameter, in a medium with internal forces that cause compression and rarefaction
of the medium.
Any device that is designed to be used or is actually used for the
reproduction of sound, including but not limited to any amplified musical
instrument, radio, television, tape recorder, phonograph, loudspeaker, public-address
system or any other sound-amplifying device.
Any land or amphibian conveyance propelled by either an internal
source or self-propelled.
7:00 a.m. Monday to 10:00 p.m. Friday.
10:00 p.m. Friday to 7:00 a.m. Monday.
The sound-pressure level in decibels as measured on a sound-level
meter using the A-weighted network. The level so read is designated dB(A).
The purpose of this chapter is to preserve, protect and promote the
public health, safety and welfare and to foster peace and quiet in the City.
To this end, no person shall willfully make or continue, or cause to be made
or continued, any noise that a reasonable person of normal sensitivities would
find to be unnecessary, loud, disturbing, annoying or excessive.
The following acts are declared to be a violation of this chapter and
to constitute unreasonable noise:
A.Â
Any domestic animal which produces 15 minutes of frequent
noise between the hours of 10:00 p.m. and 7:00 a.m. and 30 minutes of frequent
noise between 7:00 a.m. and 10:00 p.m. in residential zones.
B.Â
Erection, alteration or repair of any building or structure
in a residential zone between 10:00 p.m. and 7:00 a.m. on weekdays and 10:00
p.m. and 8:00 a.m. on weekends, except in case of urgent necessity or in the
interest of public safety.
C.Â
Use of any drum, loudspeaker or other instrument or device
for the purpose of attracting attention to any business. This does not include
businesses that legally sell goods from vehicles during the day.
D.Â
Any noise made by an individual with the intent to cause
public inconvenience, annoyance or alarm or recklessly create a risk thereof.
E.Â
Noise generated in a residential zone from any sound
reproduction system operating or playing, any radio, portable radio or tape
player, television, tape deck or similar device that reproduces or amplifies
sound that crosses a property line at 55 db(A) or above from 7:00 a.m. to
10:00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on weekends and at 50 db(A)
or above from 10:00 p.m. to 7:00 a.m. on weekdays and 10:00 p.m. to 8:00 a.m.
on weekends.
F.Â
Noise generated in any commercial zone from any sound
reproduction system operating or playing, any radio, portable radio or tape
player, television, tape deck or similar device that reproduces or amplifies
sound that crosses a property line at 70 db(A) or above from 7:00 a.m. to
10:00 p.m. on weekdays and 8:00 a.m. to 10:00 p.m. on weekends and at 60 db(A)
or above from 10:00 p.m. to 7:00 a.m. on weekdays and 10:00 p.m. to 8:00 a.m.
on weekends. This excludes outdoor entertainment such as bands performing
before 12:00 a.m.
G.Â
Operation of power equipment in residential zones outdoors
between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and
8:00 a.m. on weekends.
H.Â
Sounding of any horn or signaling device on or in any
vehicle for any unnecessary or unreasonable period of time.
I.Â
Any other 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.
The provisions of this chapter shall not apply to:
A.Â
Any sound emitted for the purpose of alerting people
of any emergency.
B.Â
Any sound emitted in the performance of correcting an
emergency.
C.Â
Sounds created by any government agency by the use of
public warning devices or associated with the delivery of municipal services.
D.Â
Sounds created by church bells or chimes.
E.Â
Sounds connected with any sporting event.
F.Â
Sounds connected with any authorized carnival, fair,
exhibition, parade or community celebration or from any municipally sponsored
celebration or event or individually sponsored event where a permit or other
relevant permission has been obtained from the City.
G.Â
Noise generated by the installation and maintenance of
utilities.
H.Â
Residential, commercial and car alarms.
I.Â
Activities conducted for the purpose of managing snow,
including but not limited to the operation of snow blowers.
A.Â
Where the City Council finds that practical difficulties
or unnecessary hardship would result from strict compliance with these regulations,
it may grant special variances for limited times and purposes. The City Council
may require such conditions as will, in its judgment, secure the objectives
of this chapter. An application for a special variance is to be submitted
to the City of Batavia Code Enforcement Officer and forwarded to City Council.
The application must include the following:
(1)Â
An application fee in an amount as set from time to time
by resolution of the City Council.
[Amended 6-25-2001 by L.L. No. 1-2001]
(2)Â
The characteristics of the sound and vibration emitted
by the source, including but not limited to the sound levels and the days
and hours during which such vibration and sound would be generated and any
other information pertinent to the source of sound and vibration.
(3)Â
Any noise abatement and control methods that may be used
to restrict the emission of the sound and vibration.
(4)Â
The name and address of the applicant and the applicant's
agent, if any, and whether the applicant is the owner, lessee, licensee, etc.,
of the premises.
B.Â
The City shall give notice of the application by regular
mail to all owners surrounding the sound source site within a radius of 500
feet from the borders of said site.
Upon prior reasonable public notice, the City Council shall hold a public
hearing on the special variance application. Upon reviewing all input from
the public hearing and obtaining any additional information or data deemed
necessary, the City Council shall decide on the special variance application.
The decision shall be transmitted to the City Clerk, who will advise the applicant
by transmitting a copy of the application to the applicant, with the decision
and conditions, if any.
The applicant or his agent shall have readily available the approved
special variance at the location or site for which the variance has been issued
and shall show same to any agent of the City of Batavia whenever requested.
[Amended 6-25-2001 by L.L. No. 1-2001; 10-15-2002]
Any person found violating any provision of this chapter or any condition
imposed by the City Council except with an approved special variance shall
be guilty of an offense and upon conviction thereof shall be punished by a
fine and/or up to 15 days' imprisonment. Fines for each offense shall be not
less than $50 nor more than $250.