This chapter shall be known and may be cited as the "Town of
Ithaca Noise Ordinance" whether adopted as an ordinance or local law.
Hereinafter, this law is sometimes referred to as "this chapter."
This chapter shall apply to all areas of the Town outside the
Village of Cayuga Heights.
The purpose of this chapter is to preserve the public health,
peace, comfort, repose, welfare, safety and good order by suppressing
the making, creation, or maintenance of excessive, unnecessary, unnatural
or unusually loud noises which are prolonged, unusual or unnatural
in their time, place, and use or which are detrimental to the environment.
Unless the context otherwise clearly indicates, the words and
phrases used in this chapter are defined as follows:
A person who is at least 16 years old.
The hours beginning at 7:00 a.m. local time on any day and
ending at 9:00 p.m. local time.
Work made necessary to restore property to a safe condition
following a public calamity or work necessary to protect persons or
property from an imminent exposure to danger.
A sound of short duration, usually less than one second,
and of high intensity, with an abrupt onset and rapid decay.
Includes, but is not limited to, automobiles, trucks, buses,
mopeds, minibikes, and any other vehicle as defined by the Vehicle
and Traffic Law of the State of New York, as it may be amended from
time to time.
The hours beginning at 9:01 p.m. local time on any day and
ending at 6:59 a.m. local time on the following day.
Includes the singular and plural and also any individual,
any property owner and/or lessee, any firm, corporation, political
subdivision, government agency, association or organization, including
but not limited to officers, directors, employees, agents and/or independent
contractors thereof, or any legal entity whatsoever.
A Conservation, Agricultural, Lakefront Residential, Low-Density Residential, Medium-Density Residential, High-Density Residential, Mobile Home Park, or Multiple Residence Zone, as defined in Chapter 270, Zoning. "Residential Zone" also includes any special land use district or planned development zone in Chapter 271, Zoning: Special Land Use Districts, wherein the predominant land use is residential. Should such chapters be amended or replaced and by so doing adds additional zones or differently denominated zones, "residence zones" shall mean those zones determined under such laws or any successor statutes wherein the predominant intended land use is residential.
Any machine or device for the amplification of the human
voice, instrumental music, or any other sound. Sound-amplifying equipment
shall not include standard automobile sound systems when used and
heard only by the occupants of the motor vehicle in which such automobile
sound system is installed. As used in this chapter, sound-amplifying
equipment shall not include warning devices on authorized emergency
vehicles or horns or other warning devices on any vehicle used only
for traffic safety purposes, or authorized fire horns or other authorized
emergency alarms.
All of the Town of Ithaca exclusive of the portion of the
Town within the incorporated Village of Cayuga Heights.
Any 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, or which
causes injury to animal life or damages to property or business.
A.
No person shall make, continue, cause or permit to be made any unreasonable
noise.
B.
Factors to be considered in determining whether unreasonable noise
exists in a given situation include, but are not limited to, any or
all of the following:
(1)
The intensity of the noise.
(2)
The duration of the noise.
(3)
The intensity of the background noise, if any.
(4)
The zoning district within which the noise emanates and all zoning
districts that lie within 500 feet of the source of the sound.
(5)
The time of the day or night the noise occurs.
(6)
The proximity of the noise to sleeping facilities.
(7)
Whether the noise is continuous or impulsive.
(8)
The existence of complaints concerning the noise from one or more
persons who are affected by the noise.
(9)
Whether the nature of the noise is usual or unusual.
(10)
Whether the noise is due to a natural or a human-made activity.
