The acts set forth in this Article II are declared to be prima facie evidence of a violation of this chapter and are prohibited, but said listing of acts shall not be deemed to be exclusive.
A.
It shall be unlawful for any person within any Residential Zone,
or within 500 feet of a Residential Zone, to use or to operate any
radio or receiving set, musical instrument (including drums), stereo,
television, any other machine or device for the producing or reproducing
of sound or any other sound-amplifying equipment in such a manner
as to cause unreasonable noise within a building, or outside a building
at a distance of 25 feet or more from the source of such sound.
B.
For the purposes of this section:
(1)
For an offense that occurs on any public property where permission
was obtained to use that public property, a "person" shall include
the person or persons who obtained permission to utilize that property
for that event.
(2)
For an offense that occurs on private property, a "person" shall
include any adult person or persons who live in or on the property
that is involved in the offense.
A.
Except as specified in Subsection B hereunder, during the nighttime hours as defined in Article I, § 184-4 herein, it shall be unlawful for any person within a Residential Zone, or within 500 feet of a Residential Zone, to operate construction equipment (including but not limited to any pile driver, excavator, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to create noise.
B.
This section shall not be deemed to prohibit:
(1)
Work of an emergency nature.
(2)
Work of a domestic nature on buildings, structures or projects being
undertaken by a person(s) residing in such premises; provided that,
if any domestic power tool, including but not limited to mechanically
powered saws, sanders, grinders and lawn and garden tools used outdoors,
is operated during the nighttime hours, no person shall operate such
machinery so as to cause unreasonable noise within a residential building
or across a residential real property boundary, or outside of a building
at a distance of 25 feet or more from the source of the sound.
C.
The provisions of this section shall not apply to lawful farm operations
on lands the principal use of which is as a farm and which are located
within a county agricultural district created under the provisions
of Article 25-AA of the New York State Agriculture and Markets Law.
D.
Garbage collection vehicles and recycling vehicles may not be operated
for pickup on any day before 6:00 a.m. local time.
A.
It shall be unlawful for any person in charge of a party, event or
gathering that occurs on any private or public property to allow that
party, event or gathering to produce unreasonable noise within any
building, or outside of a building at a distance of 25 feet or more
from the source of such sound. It shall also be unlawful for any participant
in that party, event or gathering to contribute to such unreasonable
noise.
B.
For the purposes of this section, a "person in charge of a party
or other event or gathering":
(1)
That occurs on any public property shall include the person or persons
who obtained permission to utilize that property for that party, event
or gathering.
(2)
That occurs on private property shall include the person who owns
the premises involved and any adult person who lives in or on the
premises involved in such party, event or gathering.
Any person who owns, harbors, or is the custodian of a dog in the Town of Ithaca is subject to the noise and other requirements in Chapter 112 of the Town of Ithaca Code, titled "Animals," and upon violation thereof shall be subject to the penalties set forth in that chapter.
