[HISTORY: Adopted by the Town Board of the Town of Manlius 8-28-1996 by Ord. No. 1996-3. Amendments noted where applicable.]
Editor's Note: This ordinance was adopted as Chapter 50 but was renumbered to maintain the alphabetical sequence of the Code.
It is hereby declared to be the policy of the Town of Manlius to prevent unreasonably loud, disturbing and unnecessary noise (as defined herein) and to reduce the noise level within the town so as to preserve, protect and promote the public health, safety and welfare and to foster convenience, peace and quiet within the town by the inhabitants thereof. The Town Board finds that problems concerning the disturbance of peace, quiet and tranquility by noise from various sources and activities are best resolved by thoughtful discussions and cooperative agreements between affected parties. However, to resolve remaining problems of noise which are disturbing to others, it is the policy of the Town of Manlius and the purpose of this chapter to establish standards, enforcement procedures, and penalties.
This chapter shall be liberally construed so as to effectuate the purposes described herein.
For the purposes of this chapter, the terms used herein are defined as follows:
- BURGLAR ALARM
- Any sound signal device designed and intended to produce an audible sound signal upon unauthorized entrance into a building or motor vehicle.
- Any activity necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, highways, roads, utility lines or other property.
- Any mechanism which is intended to or which actually produces sound when operated or handled.
- A public calamity or an exposure of any person or property to imminent danger.
- Any individual or group of individuals, partnership, company, corporation, trust, association, firm, organization, syndicate, administration, bureau or department.
- REAL PROPERTY LINE
- Either the boundary, including its vertical extension, which separates the parcel of real property owned or controlled by one person from that owned or controlled by another person, including intra-building real property divisions.
- UNNECESSARY NOISE
- 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 sensibilities, or which causes injury to animal life or damage to property or business. Standards to be considered in determining whether unnecessary noise exists in a given situation include but are not limited to the following:
- A. The intensity of the noise.
- B. Whether the nature of the noise is usual or unusual.
- C. Whether the origin of the noise is natural or unnatural.
- D. The intensity of the background noise.
- E. The proximity of the noise to sleeping facilities.
- F. The nature and the zoning district of the area within which the noise emanates.
- G. The time of the day or night the noise occurs.
- H. The duration of the noise.
- I. Whether the sound source is temporary.
- J. Whether the noise is continuous or intermittent.
- K. Whether alternate methods are available to achieve the objectives of the sound producing activity.
No person shall make, continue or cause or permit to be made any unnecessary noise. The following acts are declared to be prima facie evidence of a violation of this chapter and are prohibited, but said enumeration shall not be deemed to be exclusive.
Burglar alarms. No person shall operate or caused to be operated an audible burglar alarm unless such alarm automatically terminates its operation within 15 minutes after it has been activated and does not operate more than 15 minutes in any one-hour period.
Construction and operation of machinery. No person shall conduct or permit to be conducted construction and/or the operation of machinery, equipment and/or domestic power tools, including lawn mowers, sanders, grinders, and leaf blowers between the hours of 9:00 p.m. the preceding night and 7:00 a.m. on Monday through Saturday, and between the hours of 9:00 p.m. the preceding night and 9:00 a.m. on Sundays and federal holidays, so as to cause unnecessary noise across a real property line.
Exhausts. No person shall cause or permit the discharge into the open air of the exhaust of any device, including but not limited to any motor vehicle engine, except through a muffler which will effectively prevent the creation of unnecessary noise therefrom.
Horn or signal. No person shall sound or permit the sounding of any horn or signal on any car, motorcycle, bus or other vehicle, except as a warning signal pursuant to the provisions of the Vehicle and Traffic Law of the State of New York.
Loading and unloading vehicles. No person shall cause or permit the creation of unnecessary noise in connection with loading or unloading of any material, equipment or garbage cans or the handling of bales, boxes, crates or similar containers.
Motor vehicles. No person shall use or cause to be used any automobile, motorcycle, bus or other motor vehicle so out of repair, so loaded or in such manner as to create loud and unnecessary grating, grinding, rattling or other unnecessary noise.
Sound reproduction devices. No person shall operate, play or permit the operation or playing of any radio, CD or tape player, television, public address system, loud speaker, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound in such a manner as to create unnecessary noise at a distance of 75 feet from the noise source or across a real property line, whichever is less.
Vocal disturbances. No person shall cause or permit to be caused any unnecessary noise by shouting, yelling, whistling, singing or other vocal exclamations.
The following sounds shall not be deemed to be a violation of this chapter:
Sounds created by the use of any organ, bell, chimes or any other similar instrument or device of any church, synagogue or school on or within its own premises in connection with religious rites or ceremonies of such church or synagogue or in connection with a school education program.
Sounds created by snow blowers, chain saws and other domestic tools and equipment when used to clear driveways, streets or walkways during and after snowfalls, rainstorms, icestorms, windstorms or other similar emergencies.
Sounds created by agricultural activities.
Sounds connected with athletic, recreational, or sporting events of any public organization or private school, provided that such sounds shall be reduced between the hours of 12:00 midnight and 7:00 a.m.
Sounds connected with organized activities sponsored by any school district or fire district or department within the town, provided that such sounds shall be reduced between the hours of 12:00 midnight and 7:00 a.m.
Sounds connected with municipally sponsored celebrations or events, including lawful fireworks displays, parades, carnivals and the like, held in accordance with all pertinent provisions of the Town Code, provided that such sounds shall be reduced between the hours of 12:00 midnight and 7:00 a.m.
Sounds connected with the lawful hunting of animals or game during the appropriate hunting or gaming seasons.
Sounds created by Emergency Construction or repair work authorized or performed by the Town of Manlius, any incorporated Village within the Town of Manlius, the County of Onondaga, the State of New York or any recognized utility serving the area.
Sounds created by the exercise of commercial activities to the extent that such sounds are already controlled by the Town of Manlius through site plan approval, special permit or otherwise.
Sounds created by police cars, fire engines, ambulances and other emergency vehicles when used in connection with an Emergency, drill or test procedure.
Sounds connected with activities open to the public where proper authorization has been obtained from the Town Board or any other designated authority of the Town of Manlius.
The provisions of this chapter shall be enforced by the Town of Manlius Police Department and the Codes Enforcement Officer of the Town of Manlius, who shall have the power to issue warnings and to bring complaints returnable before the Justice Court of the Town of Manlius for a violation of this chapter.
Any person found violating the provisions of this chapter shall, upon conviction thereof, be punished as follows:
For the first offense, the penalty shall be a fine up to the maximum sum of $250.
For the second offense within a six month period, the penalty shall be a fine up to the maximum sum of $375.
For the third and each subsequent offense within a six-month period, the penalty shall be a fine up to the maximum sum of $500 or imprisonment for a period not in excess of 15 days, or both such fine and imprisonment.
Every day that a violation of this chapter continues shall constitute a separate offense.
If any section, subdivision, paragraph, sentence or other portion of this chapter shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction, it is the intention of the Town Board that such section, subdivision, paragraph, sentence or other portion so adjudged, invalid, illegal or unenforceable shall be deemed separate, distinct and independent, and the remainder of this chapter shall be and remain in full force and effect.