[HISTORY: Adopted by the Board of Trustees of the Village
of Liverpool 5-6-1946 by Ord. No. 4; amended in its entirety 5-18-2015 by L.L. No. 3-2015. Subsequent amendments noted where applicable.]
This law shall be known as the "Prevention and Control of Excessive
and Unreasonable Noise in the Village of Liverpool."
It is hereby declared to be the policy of the Liverpool Village
Board of Trustees to prevent unreasonably loud and disturbing noise
and to reduce noise levels within the Village so as to preserve, protect
and promote the public health, safety and welfare and to foster convenience,
peace and quiet within the Village by the inhabitants and transients
thereof. The Village Board of Trustees finds that every person is
entitled to have maintained noise levels which are not detrimental
to life, health and the enjoyment of property and that excessive and
unreasonable noise within the Village of Liverpool affects and is
detrimental to public health, safety, welfare and the comfort of the
people of the Village.
This chapter is enacted pursuant to § 10 of the Municipal
Home Rule Law to promote the public health, safety and general welfare
of Village citizens through regulations intended to govern noise pollution
within the entire Village.
As used in this chapter, the following terms shall have their
meanings indicated.
Sound which has its volume increased by electronic or other
means.
All engine-powered or motor-powered equipment intended for
infrequent service work in inhabited areas, typically requiring commercial
or skilled operators. Examples of commercial service equipment are
chain saws, log chippers, paving rollers, commercial lawn mowers,
leaf blowers, etc.
Any powered device or equipment designed and intended for
use in construction. Examples of construction devices are air compressors,
bulldozers, hackhoes, trucks, shovels, derricks and cranes.
The A-weighted sound level in decibels, as measured by a
general-purpose sound-level meter complying with the provisions of
the American National Standards Institute specifications for sound-level
meters, properly calibrated and operated on the A-weighing network.
A logarithmic unit of measurement used in determining the
intensity of a sound.
The constant sound level that, in a given situation and time
period, conveys the same sound energy as the actual time-varying A-weighted
sound.
All engine-powered or motor-powered garden or maintenance
tools intended for repetitive use in residential areas, typically
capable of being used by a homeowner. Examples of homeowner's
light residential outdoor equipment are lawn mowers, garden tools,
riding tractors, snowblowers, snowplows, leafblowers, etc.
An individual, association, firm, syndicate, company, trust,
corporation, department, bureau or agency or any other entity recognized
by law as the subject of rights and duties.
A legal boundary along the ground surface, and its vertical
extension, which separates the real property owned by one person from
that owned by another person, but not including intra-building property
divisions.
An instrument for the measurement of sound pressure levels
including a microphone, amplifier, an output meter and in most cases
frequency weighting networks which comply with standards established
by the American National Standards Institute (ANSI) specifications
for sound-level meters. An instrument meeting the requirements of
this code shall conform to the requirements of "Type 1" or "Type 2"
as defined by appropriate ANSI standards.
Sound which:
Causes temporary or permanent hearing loss in persons exposed;
or
Is injurious, or tends to be, on the basis of current information
injurious to the public health or welfare; or
Disturbs a reasonable person of typical human sensitivities;
Exceeds the standards or restrictions established herein; or
Interferes with the comfortable enjoyment of life and property
or the conduct of business. The following are deemed to interfere
with the comfortable enjoyment of life and property or the conduct
of business:
Yelling or shouting that disturbs the quiet, comfort or repose
of person or persons residing or occupying an adjacent or neighboring
property.
The using of, operating of, or permitting to be played, used
or operated, any radio, receiving set, musical instrument, phonograph,
television set or other machine or device for the producing or reproducing
of sound in such a manner as to disturb the peace, quiet and comfort
of the person or persons residing or occupying an adjacent or neighboring
property, regardless of the location of the source of the noise.
The keeping of any animal or bird which, by causing frequent
or long-continued noise, shall disturb the comfort and repose of any
person in the vicinity.
The use of any automobile, motorcycle, trail bike, minibike,
snowmobile, bus or vehicle so loaded or in such a manner as to create
loud and unreasonable grating, grinding, rattling or other noise.
The discharge into the air of the exhaust of any steam engine,
stationary internal-combustion engine or motor vehicle engine, except
through a muffler or other device which will effectively prevent loud
or explosive noises therefrom.
The erection, including excavation, demolition, alteration or
repair, of any building other than between 7:00 a.m. and 9:00 p.m.,
except in the case of urgent necessity in the interest of public safety
as determined by the Code Enforcement Officer or other applicable
laws in the Code of the Village of Liverpool.
The creation of any excessive noise on any street adjacent to
any school, institution of learning or court while the same is in
session, or adjacent to any hospital, which unreasonably interferes
with the workings of such institutions, provided that conspicuous
signs are displayed in such streets indicating that the same is a
school, hospital or court street.
The creation of a loud and excessive noise in connection with
the loading or unloading of any vehicle, or the opening and destruction
of hales, boxes, crates and containers in such a manner as to create
unreasonable noise of an unreasonable extent and duration.
The shouting and crying of peddlers, hawkers and vendors which
disturbs the peace and quiet of the neighborhood.
The use of any drum, loudspeaker or other instrument or device
for the purpose of attracting attention to any sale or display of
merchandise by the creation of noise.
The sounding of any horn or signal device in any vehicle, motorcycle,
bus or other device except as a warning signal, pursuant to the provisions
of Subdivision 1 of § 375 of the Vehicle and Traffic Law
of the State of New York.
A.
No person or persons owning, leasing or controlling the operation of any source of noise on any lot, structure or any other location within the Village shall permit the establishment of a condition of unreasonable noise. Except as provided in § 258-6, the use of amplifiers, speakers or other machines or devices capable of reproducing sound from the premises, dwelling, building or location within the Village shall be considered unreasonable noise and shall be prohibited at all times.
B.
Sound devices. It shall be unlawful for any person to use or operate,
or cause to be used or operated, any sound device or apparatus in,
on, near or adjacent to any public street, park or place for commercial
or business advertising purposes or for any person to operate or drive
any automobile, truck or other vehicle for commercial or business
advertising by means of any sound device or apparatus. The use of
any trade, business or corporate name or the name of any person, proprietor
or vendor in such commercial or business advertising shall be presumptive
evidence that such advertising was conducted by that person. business
or corporation.
A.
No person shall create or cause to be emitted any unreasonable noise,
which when measured on a sound-level meter from the property line
of the source property owner exceeds the following equivalent A-weight
sound level (Leq) standards:
B.
Impulse noise or noise startling in nature may not exceed the above
applicable dBA noise limits by more than 10 dBA for more than four
occurrences in a half-hour period.
C.
Measurements shall be taken at a point on the property line of the
source property owner. The microphone shall be placed no closer than
five feet from any wall and shall be mounted on a tripod at a height
of five feet above the ground. The sound level meter shall be calibrated
before and after each set of measurements, and set to "slow" response
during measurements. When measurements are taken outdoors, a wind
screen shall be placed over the microphone of the sound level meter
in accordance with the meter manufacturer's instructions.
A.
The intermittent or occasional use between 7:00 a.m. through 9:00
p.m. of homeowner's light residential outdoor equipment with
mufflers or commercial service equipment, provided that such activities
and such equipment and their use comply with the other provisions
hereof.
B.
Construction activities between 7:00 a.m. through 9:00 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 hereof.
C.
Noise from church bells or chimes used for religious purposes.
D.
Noise from snowblowers, snowthrowers and snowplows when operated
with a muffler for the purpose of snow removal.
E.
Nonamplified noise generated from lawful athletic or recreational
activities, events or facilities.
F.
Nonamplified noise from organized activities sponsored by any school
district, private school or fire district or department within the
Village of Liverpool.
G.
Noise from municipally sponsored celebrations or events.
H.
Where a waiver is granted by the Village of Liverpool Code Enforcement Officer or Village Hoard of Trustees pursuant to § 258-8.
I.
Noncommercial public speaking or public assembly activities conducted
on any public space or public right-of-way.
J.
Emergency construction or repair work.
K.
Noise from the activities of any fire department, ambulance squad
or similar emergency or rescue organization in carrying out their
official duties.
M.
Emergency stationary and mobile signal devices.
N.
Audible exterior burglar alarms in operation for 15 minutes or less.
O.
Between the hours of 7:00 a.m. and 9:00 p.m., sounds created in the
exercise of any trade, industry, business or employment, provided
that it is not conducted in such a manner as to create any unreasonable
noise of an unreasonable extent and duration.
A.
Authorization for permit. Where the enforcement of this chapter would
create an unnecessary hardship, the Village Code Enforcement Officer
(or the Village Board of Trustees upon referral of such request by
the Village Code Enforcement Officer), in his/its discretion, is authorized
to grant a waiver from the requirements of this chapter. Such waivers
shall be granted by the Code Enforcement Officer or Village Board
of Trustees only in those circumstances where the proposed waiver
is the minimal intrusion needed and where on balance the need for
and benefits of the waiver outweigh the needs and rights of the surrounding
neighbors to a peaceable and quiet environment.
B.
Waiver procedure; fee.
(1)
An application for such a waiver shall be filed with the Village
Code Enforcement Officer no less than 45 days before the anticipated
need and shall provide the following information:
(a)
The name of the applicant.
(b)
The adult person responsible for compliance with the waiver,
if different from the applicant, which adult person shall also sign
the application and agree to be responsible for compliance with the
waiver terms and any conditions attached to the wavier.
(c)
The reasons for such usage.
(d)
Plans and specifications of the use.
(e)
Noise abatement and control methods to be used.
(f)
Time schedule.
(g)
A reasonable and accurate estimate of the type and levels of
noise to be associated with the activity, use or event for which the
waiver is needed.
(h)
Demonstration why the applicant cannot conform to this chapter.
(i)
Such other information as the Village Code Enforcement Officer
and/or Village Board of Trustees may reasonably require to adequately
consider the waiver request.
(j)
For a waiver to be granted pursuant to the provisions of this § 258-8, proof must be provided to the Code Enforcement Officer that notification of the application for the waiver has been given to each person reasonably expected to be affected by the noise, the content of such notification and the manner in which such notification has been given. The notification shall state that any person objecting to the granting of such waiver may contact the Village Code Enforcement Officer to express his/her opposition to the granting of the waiver.
(2)
The Code Enforcement Officer/Village Board of Trustees may in his/its
sole discretion waive the application filing requirement of 45 days
upon good cause shown or for other unique, special or extenuating
circumstances.
(3)
At the time of the filing of the waiver application or applications,
the applicant shall pay the Village a nonrefundable fee as set from
time to time by Village Board of Trustees resolution.
(4)
The issuance of waivers shall be discretionary. The Village Code
Enforcement Officer/Village Board of Trustees may impose any conditions
deemed necessary to minimize the intrusion of sound that might occur
by the exercise of the privileges granted by the waiver. Any waiver
issued shall state that the waiver only applies to this chapter, and
that § 240.20, Subdivision 2, of the Penal Law of the State
of New York, Disorderly Conduct, provides that "A person is guilty
of disorderly conduct when, with intent to cause public inconvenience,
annoyance or alarm, or recklessly creating a risk thereof: . . . he
makes unreasonable noise." If a waiver is issued, a copy of the waiver
stipulating any and all conditions imposed by the Village Code Enforcement
Officer/Village Board of Trustees shall be furnished to the Onondaga
County Sheriffs Department and Village of Liverpool Police simultaneously
upon the issuance of the waiver to the applicant.
The provisions of this chapter shall be administered and enforced
by the Village of Liverpool Police Department, the Onondaga County
Sheriff's Department, the New York State Police Department, the Village
of Liverpool Code Enforcement Office and/or the Village's Legal
Counsel.
A.
Any person who shall violate any provisions of this chapter shall
be guilty of a violation punishable by a fine not exceeding $500;
and upon conviction of a subsequent offense, punishable by a fine
not exceeding $2,500. If the violation is of a continuing nature,
each one-hour period of violation of any provision of this chapter
shall constitute an additional, separate and distinct offense.
B.
In addition to any other remedy provided by law, the Village may
bring an injunction proceeding to enforce this chapter.
