[HISTORY: Adopted by the Board of Trustees of the Village of North
Syracuse 1-28-1999 by L.L. No. 1-1999 as Ch. 129 of the 1999 Code. Amendments
noted where applicable.]
It is hereby declared to be the policy of the Village of North Syracuse
to prevent excessive, unnecessary or unusually loud noise. It is further declared
that the provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of preserving, protecting and promoting
the public health, comfort, convenience, safety, welfare and prosperity and
the peace and quiet of the Village of North Syracuse and its inhabitants.
Unless otherwise indicated by context, the following terms and phrases
shall have the meanings indicated:
Every ambulance, police vehicle, fire vehicle and civil defense emergency
vehicle.
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public or private
highways, roads, premises, parks, utility lines or other property, including
but not limited to the related activity such as line clearing, grading, earthmoving,
excavating, blasting, filling and landscaping, but not including agriculture.
The time from 7:00 a.m. to 10:00 p.m.
The practical unit of measurement for sound-pressure level. The number
of decibels of a measured sound is equal to 20 times the logarithm to the
base 10 of the ratio of the sound pressure of the measured sound to the sound
pressure of a standard sound (20 micropascals) abbreviated "dB."
A public calamity, utility services failure or an exposure of any
person or property to actual or imminent danger.
A sound of short duration, usually less than one second, and of high
intensity, with an abrupt onset and rapid decay.
Every vehicle operated or driven upon the public highway which is
propelled by any power other than muscular power, except electrically driven
wheelchairs being operated or driven by a handicapped person, vehicles which
run only upon rails or tracks and snowmobiles.
A device consisting of a series of chambers or baffle plates or other
mechanical design for the purpose of receiving exhaust gas from a sound source
and effective in reducing noise.
That part of a twenty-four-hour time interval which is not otherwise
defined as daytime.
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.
Includes the singular and plural and shall also include an individual,
association, partnership, business, corporation, club, society, union, lessor,
lessee, landlord, tenant or any other form of association or organization.
Any highway, road, street, avenue, alley, public place, public driveway
or any other public way.
An imaginary line exterior to any structure along the ground surface
which separates the real property owned by one person from that owned by another
person and the vertical extension of such line.
The quantity in decibels measured by a sound-level meter satisfying
the requirements of American National Standards specification for sound-level
meters. "Sound level" is the frequency-weighted sound-pressure level obtained
with the standardized dynamic characteristic "fast" or "slow" and weighting
(a), (b) or (c); unless indicated otherwise, the A-weighting is understood.
An instrument, including a microphone, an amplifier, an output meter
and frequency weighting networks, for the measurement of sound levels.
Any excessive or unusually loud sound or any 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 damage to property or business. Standards to be considered in determining
whether unreasonable noise exists in a given situation include, but are not
limited to, the following:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is usual or unusual.
The volume and intensity of the background noise, if any.
The proximity of the noise to residential sleeping facilities.
The nature and zoning district of the areas within which the noise emanates.
The time of the day or night the noise occurs.
The time duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or impulsive.
The same meaning as provided in Chapter 240, Zoning, of this Code.
No person shall make, continue or cause or permit to be made, verbally
or mechanically, any unreasonable noise. It shall not be a defense hereto
that the person does not reside at the property. Nonresident owners shall
take all reasonable steps to prevent the violation hereof, including but not
limited to placing signs prohibiting trespassing, posting regulations or orders,
seeking the removal of the parties making the noise and authorizing the Village
to investigate and enforce this chapter and any other related ordinance or
local law therein.
No person shall own, possess or harbor any animal or bird which frequently
or for continued duration makes sounds which create a noise disturbance across
a residential real property boundary. For the purpose of this chapter, a "barking
dog" may be defined as a dog that barks continuously for 10 minutes or intermittently
for 30 minutes.
No owner of a building or of a motor vehicle shall have in operation
an audible burglar alarm thereon unless such burglar alarm shall be capable
of and shall automatically terminate its operation within 15 minutes of its
being activated.
A.
No person shall operate, play or permit the operation
or playing of any radio, television, phonograph, drum, musical instrument,
sound amplifier or similar device which produces, reproduces or amplifies
sound:
(1)
Between the hours of 10:00 p.m. and 7:00 a.m. of the
following day in such a manner as to create unreasonable noise across a real
property boundary.
(2)
In such a manner as to create unreasonable noise at 50
feet from such a device when operated in or on a motor vehicle on a public
highway or in a boat in public waters.
(3)
In such a manner as to create unreasonable noise to any
person other than the operator of the device when operated by any passenger
on a common carrier.
B.
The permit requirement for a sound-amplifying system
on public property shall be as follows:
(1)
No person shall use or operate or cause to be used or
operated any sound-amplifying device upon any pubic street or place without
permission in writing from the Mayor therefor.
(2)
No permit shall be refused by the Mayor unless there
is substantial and convincing evidence that the use of such a sound-amplifying
device would result in unreasonable interference with the rights of others
or unreasonably interfere with the peace and quiet of those on private property
or using public streets or places.
(3)
Any permit shall prohibit the use of such devices in all areas designated residential in Chapter 240, Zoning, of this Code between the hours of 8:00 p.m. and 8:00 a.m.
(4)
Any permit may be suspended by the Mayor upon his determination that the holder of the permit has violated any of the provisions of Subsection B(2) or (3) of this section until the next regularly scheduled meeting of the Board of Trustees, at which time the holder may present any statement or evidence in his behalf, and thereafter the Board of Trustees by majority vote shall revoke, cancel or reinstate the permit. In the event that the holder does not appear at said meeting either in person or by his representative, the permit shall be automatically revoked.
No person shall conduct pool parties or other gatherings of people whereby
loud or boisterous noises are emitted after 10:00 p.m. in the evening and
before 7:00 a.m. in the morning as to unreasonably interfere with the quiet,
comfort or repose of any person in any dwelling or other type of residence.
No person shall operate or permit to be operated an air-conditioning
or air-handling device, including a heat pump, in such a manner as to create
unreasonable noise to any person other than the person operating or permitting
the operation of such device.
No person shall operate or cause to be operated any emergency warning
device except:
A.
To give notice of a warning of an emergency.
B.
On an authorized emergency vehicle when such vehicle
is engaged in emergency operation, provided that such device shall not be
operated so as to create unreasonable noise or for a period of time longer
than is necessary to respond to such emergency.
C.
When such device is under test.
No person shall load, unload, open, close or handle boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 6:30 a.m. of the following day in such a manner as to cause an unreasonable noise across a residential real property boundary, except as permitted by § 150-19G.
No person shall operate or permit to be operated any power tool or equipment,
including but not limited to saws, sanders, drills, grinders, lawn or garden
tools, mowers, tractors, leaf blowers or gatherers or similar devices, when
used outdoors in a residentially zoned district during the hours of 10:00
p.m. to 7:00 a.m., so as to create unreasonable noise.
No person shall operate or permit to be operated any device that has
been modified so as to cause the sound emitted from such device to be greater
than that emitted by such device as originally manufactured.
A.
No person shall operate a vehicle in such a manner as
to cause unreasonable noise by spinning or squealing the tires of such vehicle.
B.
No person shall operate a motor vehicle or combination
of vehicles on a public right-of-way at any time in such a manner that the
sound-pressure level emitted by said vehicle exceeds the levels set forth
in the New York State Vehicle and Traffic Law.
No person shall operate or cause to be operated any sound signal device
so as to create unreasonable noise except:
No person shall conduct or permit to be conducted construction, alone
or in combination with other construction conducted or permitted by such person,
in a manner as to cause unreasonable noise during the nighttime on weekdays
or at any time on Sundays or holidays. The provisions of this section shall
not apply to the following:
No person shall operate or permit to be operated a place of public entertainment,
including but not limited to a restaurant, bar, cafe, discotheque or dance
hall, in which the sound level is equal to or exceeds 95 dBs for more than
30 seconds at the location of the spectators.
No person shall create or permit the creation of any unreasonable noise
through the use of any device on any street, sidewalk or public place adjacent
to any church, court or school while such church, court or school is in use,
or adjacent to any hospital at any time, provided that signs are displayed
so as to identify such church, court, hospital or school.
A.
It shall be unlawful for any person to operate or permit
to be operated any stationary noise source in such a manner as to create a
sound-pressure level measured in dBs which exceeds the limits set forth for
the receiving land use category in Table 1 when measured at or within the
property boundary of the receiving land use.[1]
|
Table 1
Maximum Permissible Sound Levels by
| |||
|---|---|---|---|
|
Receiving Land Use Category
(dB)
| |||
|
Sound Source Land Use Category
|
Time Period
|
Residential
|
Commercial
|
|
Residential (R-9, R-M, R-SR)
|
7:00 a.m. to 10:00 p.m.
|
55
|
65
|
|
10:00 p.m. to 7:00 a.m.
|
50
|
65
| |
|
Commercial (C-1, C-2, C-3, C-T)
|
7:00 a.m. to 10:00 p.m.
|
65
|
65
|
|
10:00 p.m. to 7:00 a.m.
|
50
|
65
| |
The requirements, prohibitions and terms of this chapter shall not apply
to:
A.
Any authorized emergency vehicle when responding to an
emergency call or acting in time of emergency.
B.
The operation of any vehicles or equipment when responding
to an emergency or a declared state of emergency.
C.
Those activities of a temporary duration permitted by
law and for which a license or permit has been granted by the Village, including
but not limited to parades, fireworks displays and public cosponsored boat
races and events.
D.
The production of music in connection with a military
or civic parade, funeral procession or religious ceremony, and any musical
performance conducted under consent of municipal authority.
E.
Sounds emanating from any publicly sponsored and/or authorized
sporting, entertainment or other public event.
F.
Snow removal equipment.
G.
Businesses that must conduct loading and unloading operations
between the hours of 10:00 p.m. and 7:00 a.m. of the following day.
The Board of Trustees of the Village of North Syracuse or its duly authorized
representative shall have the authority to grant special variances, issue
temporary permits and suspend any of the provisions of this chapter upon such
conditions and for such time as it shall deem fit to best serve the public
health and welfare and the quality of life in the Village of North Syracuse.
The provisions of this chapter shall be enforced by the Police Department
of the Village of North Syracuse, and it shall have the power to:
A.
Order any person to cease and desist from any activity
which causes or is conducted so as to cause a violation of any provision of
this chapter.
B.
Seal any device, after obtaining the proper judicial
order, which causes or is maintained or operated so as to cause a violation
of any provision of this chapter.
C.
Issue appearance tickets for violation of any provision
of this chapter.
Any person violating any of the provisions of this chapter shall be
deemed guilty of a violation and subject to a fine of not more than $250 or
imprisonment for a period not to exceed 15 days, or both such fine and imprisonment.
Each day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such.
