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HomeMy WebLinkAbout2000 Noise Ordinance Material "Prac-I- 3IZ 11 a-o -Tyra", vomse- Ord • C4+ee-, Town of Danby Noise Ordinance GENERAL REFERENCES Article VII, Special Regulations Section 701 of Danby Zoning Ordinance— Limitations of Uses within 200 Feet of a Residence Zone. -r F. .. . . , t Danby Local Law #1 of 1984—Dog Control Law >` c, /p Y 7 !� • • ARTICLE I, General Provisions ry. § 240-1. Title. ' '. r This chapter shall be known and may be cited as the"Town of Danby Noise Ordinance." + ~°i' ''iw § 240-2. Purpose. The purpose of this chapter is to preserve the public health,peace,welfare and good order by suppressing the making, creation or maintenance of excessive,unnecessary,unnatural or unusually loud noises which are prolonged or unusual or unnatural in their time,place and use or which are detrimental to the environment. It is also the purpose of this chapter to allow all residents of the Town to coexist harmoniously in a manner which is mutually respectful of the interests, rights and obligations of all persons. § 240-3. Definitions. Unless the context otherwise clearly indicates,the words and phrases used in this chapter are defined as follows: DAYTIME HOURS--The hours between 7:00 a.m. and 10:00 p.m., local time, on any day. EMERGENCY WORK-- 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. IMPULSIVE SOUND--A sound of short duration,usually less than one second, and of high intensity,with an abrupt onset and rapid decay. Examples include explosions, drop impacts,firearm discharge and backfiring engines. MOTOR VEHICLES--Includes but is not limited to automobiles,trucks,buses,mopeds,minibikes and any other vehicles as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time. NIGHTTIME HOURS--The hours between 10:00 p.m., local time, on any day and 7:00 a.m. on the following day. NOISE--A level of sound that is injurious or annoying or disturbing to be heard. "Unreasonable noise"shall mean any excessive or unusually loud sound which,at the boundary line of the property from which the sound emanates, 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. PERSON-- Includes the singular and plural and also any individual; any property owner and/or lessee; any firm;a corporation;a political subdivision;a government agency, including any agency of the Town of Danby;an association or an organization, including but not limited to officers, directors, employees,agents and/or independent contractors thereof; or any legal entity whatsoever. SOUND-AMPLIFYING EQUIPMENT--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 radios or tape recorders when used and heard only by the occupants of the vehicle in which such automobile radio or tape recorder 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. § 240-4. Unreasonable noise prohibited. A.No person shall intentionally cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made. B.For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys,disturbs, injures or endangers the comfort,repose,health,peace or safety of the public or which causes injury to animal life or damages to property or business. 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)Whether the nature of the noise is usual or unusual. (3)Whether the origin of the noise is associated with nature or human-made activity. (4)The intensity of the background noise, if any. (5)The proximity of the noise to sleeping facilities. (6)The proximity of the noise to residential zoning. (7)The time of the day or night the noise occurs. (8)The time duration of the noise. (9) Whether the sound source is temporary. (10) Whether the noise is continuous or impulsive. (11)The volume of the noise. (12)The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by the noise. C. This section shall not be interpreted to prevent the issuance of permits pursuant to §240-14 that will authorize particular sound sources. ARTICLE II, Special Noise Sources § 240-5. Purpose of Article. The provisions of this Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this Article shall not be interpreted to prevent the issuance of permits pursuant to §240-14 that will authorize particular sound sources. 8 240-6. Radios. Televisions. Vehicle sound systems and similar sound-amnlifvinw • devices. It shall be unlawful for any person anywhere in the Town to use or to operate any radio or receiving set, musical instrument,phonograph,television set,any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort,repose,health or safety or members of the public within any building or,outside of a building, at a distance of 50 feet or more from the source of such sound or interferes with the conversation of members of the public who are 50 feet or more from the source of such sound. Sound amplifying equipment shall not include standard automobile radios, tape players or compact disk player when used and heard only by the occupants of the motor vehicle in which such automobile equipment is installed. § 240-7. Parties and other social events. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud,annoying or offensive manner such that noise from the party interferes with the comfort,repose,health or safety of members of the public within any building after the hour of 11:00 pm. B. For the purposes of this section, a "person in charge of a party or other social event": (1)That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (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 or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter with respect to such event. § 240-8. Dog Barking. Dogs may not engage in unreasonable howling and/or barking or other noise,audible beyond the property line of the property where the dog is harbored,which disturbs or annoys any person of reasonable sensitivities other than the person owning or harboring such dog. § 240-9. Machinery. It shall be unlawful for any person to operate or repair any machinery,motor vehicle,construction equipment or other equipment,pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined in §240-4 of this chapter. In making such determination with respect to the matters governed by this subsection,additional factors to be considered shall include: A. The necessity of the work being done. B The ability of the creator of the noise to minimize or reduce the amount of noise created or to otherwise minimize its adverse effects. C. Noise generated from customary agricultural activities will be exempt from this law. D. The sound generating equipment on the machinery is being operated as a requirement of federal. state or law. § 240-10. Construction during nighttime hours. A. Except for the purposes specified in Subsection B, during nighttime hours 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,backhoe,pneumatic hammer,bulldozer,electrically operated saw or metal grinding equipment. compressors and compressed air equipment)or perform any outside construction or repair work so as to create noise. Any designated official of the Town of Danby shall give a verbal warning that the violation exists and of the penalties that may result if the violation continues. 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 noise within a residential building or across a residential real property boundary where such noise interferes with the comfort,repose, health or safety of members of the public within any building or,outside of a building,at 50 feet or more from the source of the sound. § 240-11. Off Road and recreational vehicles No person shall operate,on a regular or continuous basis,off road vehicles including but not limited to snow mobiles, motorcycles, all terrain vehicles and four wheel drive motor vehicles, so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public. § 240-12. Continuing noise. It shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary or unusual noise or sound that shall continue for more than three cumulative minutes in any sixty-minute period and which shall exceed the permitted noise levels specified in this chapter. Any designated official of the Town of Danby may issue a verbal warning that the violation exists and of the penalties that may ensue. § 240-13. Horns and alarms. This chapter shall not apply to fire horns or other alarms authorized by the Fire Department or Police Department and operated in accord with that authorization. ARTICLE III, Other Provisions § 240-14. Authorization for Permit. Where the enforcement of this Ordinance would create an unnecessary hardship, the Town Board, in its discretion is authorized to grant a permit for a specific waiver from the requirements of this ordinance. Such waivers shall be granted only in these circumstances where the applicant demonstrates that the waiver is necessary for a valid purpose, that the proposed waiver is the minimal intrusion needed,that 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. An application for such a permit shall be filed with the town clerk and shall provide the following information: a) Name of Applicant. b) The adult person responsible for compliance with the permit, if different from the applicant, which adult person also sigh the application and agree to be responsible for compliance with the permit terms and any conditions attached to the permit. c) The reason for such usage. d) Plans and specifications of the use. e) Noise abatement and control methods to be used. f) Time schedule. g) Demonstration why applicant cannot conform to the ordinance. h) Such other information as the Town Clerk and/or Town Board may reasonably require to adequately consider the permit request. A public hearing before the Town Board shall be held in connection with the application no less than five days after publication of notice of such hearing in the Town's official newspaper. The issuance of permits shall be discretionary. The Town Board may impose any conditions deemed necessary by such Board to minimize the iptrusion of sound that might occur by the exercise of the privileges granted by the permit. § 240-15. Penalties for offenses. Any person who shall violate any provision of this chapter shall be punishable as follows: For the first violation the violator shall be subject to a fine of up to Two Hundred Fifty Dollars($250.00)or imprisonment of not more than 15 days,or both. In the event a person is found to be violating this Ordinance more than once within any five year period, a violator shall be subject to a fine of up to$500.00 or imprisonment not to exceed thirty(30)days or both. With respect to continuous emissions of sound,each day of such emission shall constitute a separate violation. 05._) rm A /4,4,F i VVVV i� /Town of Danby Noise Ordinance ARTICLE I, General Provisions. Section 1.1. Title. This Ordinance shall be known and may be cited as the "Town of Danby Noise Ordinance." Section 1.2. Purpose. The purpose of this Ordinance is to preserve the public health, peace, welfare and good order by suppressing the making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged or unusual or unnatural in their time, place and use or which are detrimental to the environment. It is also the purpose of this Ordinance to allow all residents of the Town to coexist harmoniously in a manner which is mutually respectful of the interests, rights and obligations of all persons. Section 1.3. Definitions. Unless the context otherwise clearly indicates, the words and phrases used in this Ordinance are defined as follows: DAYTIME HOURS -- The hours between 7:00 a.m. and 10:00 p.m., local time, on any day. EMERGENCY WORK -- 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. MOTOR VEHICLES --Includes but is not limited to automobiles, trucks, buses, mopeds, minibikes and any other vehicles as defined by the Vehicle and Traffic Law of the State of New York, as it may be amended from time to time. NIGHTTIME HOURS --The hours between 10:00 p.m., local time, on any day and 7:00 a.m. on the following day. PERSON -- Includes the singular and plural and also any individual, any property owner and/or lessee, any firm, corporation, political subdivision, government agency, including any agency of the Town of Danby; any association or organization, including but not limited to officers, directors, employees, agents and/or independent contractors thereof, or any legal entity whatsoever. RESIDENTIAL ZONE—Those areas in the Town of Danby defined in the Town of Danby Zoning Ordinance as Low Density, Medium Density and High Density Residential Zones. 1 • Noise Ordinance/Danb/Sandy/Au ust IS,2000;1.59 PM DD SOUND-AMPLIFYING EQUIPMENT--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 radios or tape recorders when used and heard only by the occupants of the vehicle in which such automobile radio or tape recorder is installed. As used in this Ordinance, "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. UNREASONABLE NOISE -- Any excessive or unusually loud sound, which, at the boundary line of the property from which the sound emanates, either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a person of reasonable sensibilities, or which causes injury to animal life or damages to property or business. ARTICLE II, General Prohibition. Section 2.1. Unreasonable noise prohibited. No person shall intentionally cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made. ARTICLE III, Special Noise Sources. Section 3.1. Purpose of Article. The provisions of this Article III complement and supplement the other provisions of this Ordinance and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this Article shall not be interpreted to prevent the issuance of permits pursuant to Section 4.1 that will authorize particular sound sources. Section 3.2. Radios, Televisions.Vehicle sound systems and similar sound-amplifying devices. It shall be unlawful for any person anywhere in the Town to use or to operate any radio or receiving set, musical instrument (including drums), phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, -\—health or safety o members of the public within any building or, outside of a building, at a distance of 50 feet or more from the source of such sound or interferes with the conversation of members of the public who are 50 feet or more from the source of such sound. Sound amplifying equipment shall not include standard automobile radios, tape players or compact disk player when used and heard only by the occupants of the motor vehicle in which such automobile equipment is installed. Section 3.3. Parties and other social events. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any 2 Noise OrdinanceDanb}✓Sandy%9ugust JS,2000;1:59 PM _ % r it private or public property to allow that party or event to produce unreasonable noise or noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public. B. For the purposes of this section, a "person in charge of a party or other social event": (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. (2)That occurs on private property shall include the person who owns the premises involved and any adult person who lives in, or is a renter of the premises involved in such party or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article IV of this Ordinance with respect to such event. Section 3.4. Machinery. It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined in §1.3 of this Ordinance. Section 3.5. Construction during nighttime hours. A. Except for the purposes specified in Subsection B, during nighttime hours 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, backhoe, pneumatic hammer, bulldozer, electrically operated saw or metal grinding equipment, compressors and compressed air equipment) 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 Section 3.6. Off Road and recreational vehicles. No person shall operate, on a regular or continuous basis, off road vehicles including but not limited to snowmobiles, motorcycles, all terrain vehicles and four wheel drive motor vehicles, so as to cause noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public. 3 Noise Ordinance/Danby/Sandy August 15,2000:1:59 PM Section 3.7. Horns and alarms. P),1,F This Ordinance shall not apply to fire horns, sirens or other alarms authorized by the Fire Department or a law enforcement agency and operated in accord with that authorization. ARTICLE IV, Permits. Section 4.1. Authorization for Permit. Where the enforcement of this Ordinance would create an unnecessary hardship, the Town Clerk is, in his or her discretion, authorized to grant a permit for a specific waiver from the requirements of this ordinance. Such waivers shall be granted only in these circumstances where the applicant demonstrates that the waiver is necessary for a valid purpose, that the proposed waiver is the minimal • intrusion needed, and that 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. An application for such a permit shall be filed with the Town Clerk and shall provide the following information: a) Name of Applicant. b) The adult person responsible for compliance with the permit, if different from the applicant, which adult person shall also sign the application and agree to be responsible for compliance with the permit terms and any conditions attached to the permit. c) The reason for such usage. d) Plans and specifications of the use. e) Noise abatement and control methods to be used. 0 Time schedule. g) Demonstration why applicant cannot conform to the ordinance. h) Such other information as the Town Clerk and, in the case of an appeal,the Town Board may reasonably require to adequately consider the permit request. Such application shall be accompanied by a fee to cover the cost of processing the application. The fee shall be $5.00 until such time as the fee is changed by resolution or other action of the Town Board. Within fifteen days of the filing of a complete application the Town Clerk shall issue or deny the permit. Written notice of the action shall be filed with the Town Clerk. If authorized, a copy of the issued permit shall constitute such filing. If issued, the issuing officer may impose any reasonable conditions to minimize the intrusion of sound that might occur by the exercise of the privileges 4 Noise OrdinancelDanby/Sandy/August 15,2000:1:59 PM • granted by the permit. DRFT Section 4.2. Appeals. Any person aggrieved by the decision of the Town Clerk in issuing or denying a permit application, or in imposing conditions on the exercise of same, may be appealed to the Town Board. Within 10 days after the filing of the written decision on the application, or, if issued, within 10 days after the issuance of a permit, the appellant shall file a notice of appeal of the denial or issuance with the Town Clerk stating the grounds for the appeal. Such notice shall be accompanied by a fee to cover the cost of processing the appeal and the notice of public hearing. The fee shall be$50.00 until such time as the fee is changed by resolution or other action of the Town Board. Within 30 days of the filing of such notice, a public hearing before the Town Board shall be held in connection with the appeal no less than five days after publication of notice of such hearing in the • Town's official newspaper. Notice of the public hearing shall also be forwarded by first class mail to all of the owners(as shown on the latest available tax rolls) of property adjoining or directly across the street from the property on which the activity for which the permit is sought will occur. Such written notice shall be mailed at least five business days prior to the scheduled public hearing. Failure to give notice to the adjoining owners shall not invalidate any action taken by the Town Board on the appeal. The Town Board shall determine the validity of the issuance of the permit and issue a decision within five days of the closing of the public hearing. The Town Board may impose conditions, or modify or add to any conditions imposed by the issuing officer, to the extent deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit. ARTICLE V, Penalties. Section 5.1. Penalties for offenses. Any person who shall violate any provision of this Ordinance shall be punishable as follows: For the first violation the violator shall be subject to a fine of up to Two Hundred Fifty Dollars ($250.00) or imprisonment of not more than 15 days, or both. In the event a person is found to be violating this Ordinance more than once within any five year period, a violator shall be subject to a fine of up to $500.00 or imprisonment not to exceed thirty (30) days or both. With respect to continuous emissions of sound, each day of such emission shall constitute a separate violation. Section 5.2. Owners Liable. The owner of any real property (except public highways, and other public owned facilities) from which sounds prohibited by this Ordinance emanated shall be guilty of a violation of this Ordinance, whether or not such owner was on the premises or occupied the premises when the proscribed sounds emanated from same. 5 iV C .{ To: Town Board From: Sue Beeners , 4/7/99 Re : Noise Ordinance Research 11� Attached for your review are: Danby Zoning Ordinance excerpt Danby Dog Control Law NYS Penal Law - Sec. 240 . 20 City of Ithaca Noise Ordinance I recommend, after our discussion of this material, that the Town Attorney be consulted related to assisting in drafting a local law similar to the City' s . Then, that the draft be reviewed by the Sheriff and State Police Depts . , to see if those agencies would be willing to assist in enforcing the law. r Danby.nrd.wp51.danby. ,09/14/95 11.-'am C�Y}p {- / �6LV V� o 7 IWw".�v\ 0 11.-G�-,� C1I> Tompkins County Health Department. No subdivision of a mobile home park site plan is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment or change in a trailer park site plan is permitted without approval of the Planning Board. ARTICLE VII: SPECIAL REGULATIONS Section 700 - APPLICATION. Except as otherwise herein provided, the following special regulations shall apply to the entire Town. Section 701 -LLMITATION OF USES WITHIN 200 FEET OF A RESIDENCE ZONE. No theater, dance hail, tavern, restaurant, bowling alley, skating rink, veterinary hospital, kennel or other place for the boarding of animals, garage or shop for the painting or repairing of automobile bodies or fenders, or any other use causing loud or unusual noise, fumes, or odors shall be located within 200 feet of any Residence Zone. Section 702 - ENCLOSURE OF EXCAVATION SITES. Any commercial operation involving the excavation of top soil, sand, gravel, clay, shale or other natural deposit or the quarrying of any kind of rock formation at depths of more than 6 feet shall be enclosed by a substantial fence. Section 703 - ABANDONMENT OF QUARRIES, ETC. At such time as any quarry or excavation for the purpose of extraction of natural resources is abandoned, all steep sides shall be sloped to a slope of not greater than one vertical foot of slope in each three lineal feet, and the entire area is to be adequately seed or otherwise landscaped to prevent erosion. Nothing contained in this section is intended to relieve a quarry or excavation owner from complying with more stringent requirements of any federal, state, or local law or regulation. Section 704 - PUBLIC GASOLINE FILLING STATIONS AND GARAGES. 1. No part or appliance of any building used as a garage or gasoline filling station shall be erected within seventy-five feet of any Residence Zone. 2. In no case shall a gasoline or oil pump, oiling or greasing mechanism, or other service appliance installed in connection with any gasoline filling station or public garage be closer than thirty feet from any street line or highway right-of-way line. 3. No automobile repair work, except emergency work, shall be carried on out of doors and all automobile or motor vehicle parts, dismantled vehicles and similar articles shall be stored within a building or at a location not visible from any point from any 23 A ' . 1 r N :1-1 -S- 1--0-171 tO Ly,t c1� §240.10 Penal Law §240.10. Unlawful assembly. A person is guilty of unlawful assembly when he assembles with four or more other persons for the purpose of engaging or preparing to engage with them in tumultuous and violent conduct likely to cause public alarm,or when,being present at an assem- bly which either has or develops such purpose,he remains there with intent to advance that purpose. Unlawful assembly is a class B misdemeanor. §240.15. Criminal anarchy. A person is guilty of criminal anarchy when (a) he advocates the overthrow of the existing form of government of this state by violence, or(b)with knowledge of its contents,he publishes, sells or distributes any document which advocates such violent over- throw, or(c)with knowledge of its purpose,he becomes a member of any organization which advocates such violent overthrow. Criminal anarchy is a class E felony. §240.20. Disorderly conduct. A person is guilty of disorderly conduct when, with intent to -li✓(5—(CL cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof: 1 1.He engages in fighting or in violent,tumultuous or threaten- ing behavior; or 2. He makes unreasonable noise; or ,y ��t 3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or 4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or 5. He obstructs vehicular or pedestrian traffic; or 6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or 7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose. Disorderly conduct is a violation. §240.21. Disruption, or disturbance of religious service. A person is guilty of aggravated disorderly conduct,who makes unreasonable noise or disturbance while at a lawfully assembled religious service or within one hundred feet thereof, with intent to cause annoyance or alarm or recklessly creating a risk thereof. Aggravated disorderly conduct is a class A misdemeanor. O§240.25. Harassment in the first degree. A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts (rev.96) 182 ®1996 by.] &B.Gould Printed m the U.S.A. B r 1 Offenses Against Public Order §240.08 240.45. Criminal nuisance in the second degree. 240.46. Criminal nuisance in the first degree. 240.50. Falsely reporting an incident in the third degree. 240.55. Falsely reporting an incident in the second degree. 240.60. Falsely reporting an incident in the first degree. 240.61. Placing a false bomb. 240.65. Unlawful prevention of public access to records. §240.00. Offenses against public order; definitions of terms. The following definitions are applicable to this article: 1. "Public place" means a place to which the public or a substantial group of persons has access, and includes,but is not limited to, highways, transportation facilities, schools, places of amusement,parks,playgrounds, and hallways,lobbies and other portions of apartment houses and hotels not constituting rooms • or apartments designed for actual residence. 2. "Transportation facility" means any conveyance, premises or place used for or in connection with public passenger transpor- tation, whether by air, railroad, motor vehicle or any other method. It includes aircraft,watercraft,railroad cars,buses, and air, boat, railroad and bus terminals and stations and all appur- tenances thereto. §240.05.Riot in the second degree. A person is guilty of riot in the second degree when, simul- taneously with four or more other persons,he engages in tumul- tuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm. Riot in the second degree is a class A misdemeanor. §240.06. Riot in the first degree. A person is guilty of riot in the first degree when (a) simul- taneously with ten or more other persons he engages in tumul- touous* and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm, and (b) in the course of and as a result of such conduct, a person other than one of the participants suffers physical injury or substantial property damage occurs. Riot in the first degree is a class E felony. *So in original. Probably should be "tumultuous". §240.08. Inciting to riot. A person is guilty of inciting to riot when he urges ten or more persons to engage in tumultuous and violent conduct of a kind likely to create public alarm. Inciting to riot is a class A misdemeanor. ®Pr,, Printed J.hB SSA. B 181 (rev.96) FILE City TOWN OF DANBY LOCAL LAW NO. 1 OF THE YEAR 1984 A LOCAL LAW REGULATING AND CONTROLLING THE ACTIVITIES OF DOGS IN THE TOWN OF DANBY, 10 BE KNOWN AS THE "DOG CONTROL LAW" AND SUPERSEDES LOCAL LAW NUMBER t OF THE YEAR 1976. Be it enacted by the Town Board of the Town of Danby as follows: SECTION 1 PURPOSE: The purpose of this law is to promote the public health, safety, and welfare of the community, including the protection and preservation of the property of residents of the Town and its inhabitants , and of the peace and good order therein by regulating and controlling activities of dogs within the Town of Danby and providing for enforcement thereof. SECTION 2 PROHIBITED ACTS. Any owner of a dog or any other person who harbors or is custodian of any dog in the Town of Danby shall be in violation of this law if such dog: A. Is not restrained by an adequate collar and leash when not on the property of the owner or any other person harboring or having custody or control of the dog, or is not accompanied by and in the actual control • of its owner or any other person harboring or having custody of the dog. ( c. ib e65171-y7701-4 • •I B. Engages in such habitual or continued 'barking, howling or whining so as to cause a person's rest to be broken, his sleep to ' be interrupted or the reasonable use or enjoyment of his home or property to be otherwise interferred with, disturbed or diminished or that causes a person to otherwise harrassed, annoyed or disturbed. C. Causes damage or destruction to property, or defecates, urinates, or otherwise commits a nuisance other than on the premises of the person owning or harboring such dog. D. When not on the premises of the person owning or harboring such dog, chases or otherwise harrasses any person in such a manner as reasonable apprehension of bodily harm or injury. E. Except when it is on the premises of the owner, or other person harboring or having custody of the dog, where it is usually harbored, chases, barks at, leaps on, or otherwise attacks any ( i ) bicycle, motorcycle, motorwagon, carriage, or any other vehicle or device used by persons for travel or as a conveyance, or any riders or occupants thereof, or ( ii ) horse, including any rider thereon, or other animal . F. Is unlicensed when six months of age or older. G. Is not wearing a current valid New York State dog license identification tag while at large, whether or not restrained by an adequate collar and leash. H. Is not redeemed after notice of seizure is given to the owner within (7) seven days of such seizure. SECTION 3 ENFORCEMENT. The dog control officer of the Town of Danby, or any other person or persons who are or may be lawfully authorized by the Town shall , and all peace officers may, administer and enforce the provisions of this law, and for such purpose shall have the authority to issue appearance tickets and/or, when authorized by law, to seize dogs , either on or off the premises of the owner or person harboring such dog, if witnessed by any of the aforesaid persons or officers to be in violation of this law. SECTION 4 FILING OF COMPLAINTS. Any person who observes a dog in violation of any acts prohibited by this law may file a signed complaint, under oath, with a Town Justice of the Town of Danby, or with the authorized dog control officer, or with any peace officer, specifying the objectionable conduct of the dog, the date thereof, the damage caused, or the acts constituting violation of this law, and including the place or places where such conduct occurred and the name and residence, if known, of the owner or other person harboring such dog. Upon receipt of such a complaint, the authorized dog control officer or peace officer receiving such complaint shall transmit same to the Town Justice. Upon receipt by the Town Justice of such a complaint against the conduct of or acts by any particular dog, or the owner thereof or other person harboring such dog, the Town Justice may issue a written summons directing the alleged owner or other person harboring said dog to appear in person before him; if such person does not appear, the Town Justice may issue a warrant for the arrest of said person based upon any complaint or information previously filed. SECTION 5 MINOR OWNER: RESPONSIBILITY OF HEAD OF HOUSEHOLD: If any dog in violation of this law is owned by a person under 18 years of age, the head of the household in which said person resides shall be deemed to be the owner or person harboring such dog and shall be responsible for the acts of said dog for purposes of this law. SECTION 6 PRESUMPTION: The fact that the dog is in violation of any of the provisions of this law shall be presumptive evidence that the dog has been permitted to be in violation with the knowledge of the owner or person harboring the dog. SECTION 7 PUBLIC COOPERATION. No person shall intentionally hinder, resist, or oppose the authorized dog control officer, peace officer, or other person authorized to administer or enforce the provisions of this law in the performance of his duties under this law. SECTION 8 PENALTIES: (1 ) A violation of this law shall constitute a violation as the same as defined in the Penal Law of the State of New York, and shall be punishable by a penalty of not more than $25.00 for the first violation, not more than $50.00 for the second violation, and not more than $75.00 for the third and all subsequent violations or by imprisonment for a term not to exceed five days for each violation. These penalties shall be in addition to any other penalties provided by law. (2) Redemption fees: or other fees, charged as a result of the seizure or impounding of any dog shall not be deemed a part of the penalties set forth above. r SECTION 9 FEES. State mandatory minimum fees apply for spayed and unspayed dogs. , Adoption fees. Any dog not redeemed within seven (7) days after seizure, with notice of such seizure having been promptly given to the owner, if such notice is possible, will be available for adoption for a fee of $10.00. SECTION 10 REPEAL. Local Law Number 1 of the year 1976 is hereby superseded effective on the effective date of this local law. SECTION 11 VALIDITY. If any section, paragraph, subdivision, clause, phrase, or provision of this law shall be judged invalid or held unconstitutional , it shall not affect the validity of this law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional . SECTION 12 EFFECTIVE DATE. This law shall take effect immediately. Adopted by Town Board: September 10, 1984 /^ it-Lp..49C% Town Cler . 711 OF Ttrl gewoaboglc_d:::: !nddi:. s [HISTORY: Adopted by the Common Council of the City of Ithaca 9-5-1990 as Ord. No. 90-12 (Ch. 68 of the 1975 Municipal Code). Amendments noted where applicable.] GENERAL REFERENCES Assemblies and parades—See Ch. 132. Building construction--See Ch. 146. • Dogs and other animals—See Ch. 164. Peddling and soliciting—See Ch.232,Art. V. Peace and good order—See Ch.250. ARTICLE I, General Provisions 240-1. Title. This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance." § 240-2. Purpose. The purpose of this chapter is to preserve the public health,peace, welfare and good order by • suppressing the making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud • noises which are prolonged, unusual and unnatural in their time, place and use and which are detrimental to the environment. It is also the purpose of this chapter to allow all residents of the city to coexist • harmoniously in a manner which is mutually respectful of the interests, rights and obligations of all persons. § 240-3. Definitions. Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: DAYTIME HOURS -- The hours between 7:30 a.m. and 10:00 p.m., local time, on any day. EMERGENCY WORK-- 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. IMPULSIVE SOUND -- A sound of short duration, usually less than one (1) second, and of high intensity, with an abrupt onset and rapid decay. MOTOR VEHICLES -- Includes but is not limited to automobiles, trucks, buses, mopeds, minibikes and any other vehicles as defined by the Vehicle and Traffic Law of the State of New York, as it may be 1 = C'rt}�o�lthaca amended from time to time. NIGHTTIME HOURS -- The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the following day. NOISE -- A level of sound that is injurious or annoying or disturbing to be heard. PERSON -- Includes the singular and plural and also any individual; any property over and/or lessee; any firm; a corporation; a political subdivision; a government agency, including any agency of the City of • Ithaca; an association or an organization, including but not limited to officers, directors, employees, agents and/or independent contractors thereof; or any legal entity whatsoever. SOUND-AMPLIFYII\TG EQUIPMENT--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 radios or tape recorders when used and heard only by the occupants of the vehicle in which such automobile radio or tape recorder 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. § 240-4. Unreasonable noise prohibited. A. No person shall intentionally cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made. B. For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. 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) Whether the nature of the noise is usual or unusual. (3) Whether the origin of the noise is associated with nature or human-made activity. (4) The intensity of the background noise, if any. (5) The proximity of the noise to sleeping facilities. (6) The nature and the zoning district of the area within which the noise emanates and of the area within five hundred (500) feet of the source of the sound. (7) The time of the day or night the noise occurs. (8) The time duration of the noise. • City oAlthaca PCito lebook far.< !nr r tits. (9) Whether the sound source is temporary. (10) Whether the noise is continuous or impulsive. (11) The volume of the noise. (12)The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by the noise. • C. This section shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. ARTICLE II, Special Noise Sources § 240-5. Purpose of Article. The provisions of this Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this Article shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. § 240-6. Radios, television sets and similar sound-amplifying devices. It shall be unlawful for any city y person anywhere in the cit} to use or to operate any radio or receiving set, musical instrument, phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety or members of the public within any building or, outside of a building, at a distance of twenty-five (25) feet or more from the source of such sound or interferes with the conversation of members of the public who are twenty-five (25) feet or more from the source of such sound. §240-7. Parties and other social events. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at a distance of twenty-five (25) feet or more from the source of such sound. B. For the purposes of this section, a "person in charge of a party or other social event": (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. Ctf o Ithaca PCICodeboo :fdt !izdo. s (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 or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter • with respect to such event. § 240-8. Hawkers and peddlers. It shall be unlawful for any person to advertise, promote or sell anything by outcry within any area of the city zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events. § 240-9. Machinery. It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined in § 240-4 of this chapter. In making such determination with respect to the matters governed by this subsection, additional factors to be considered shall include: A. The necessity of the work being done. B. The ability of the creator of the noise to minimize or reduce the amount of noise created or to otherwise minimize its adverse effects. § 240-10. Construction during nighttime hours. A. Except for the purposes specified in Subsection B, during nighttime hours it shall be unlawful for any person within a residential zone or within five hundred (500) feet of a residential zone to operate construction equipment (including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to create noise. Any designated official of the City of Ithaca shall give a verbal warning that the violation exists and of the penalties that may result if the violation continues. 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 noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building 4 Ct�y o f llhaca PC/Codebook.:fo #!na!o �s or, outside of a building, at twenty-five (25) feet or more from the source of the sound. § 240-11. Applicability of Article. This Article shall be applied in addition to § 240-4. § 240-12. Continuing noise. It shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary or unusual noise or sound that shall continue for more than three (3) cumulative minutes in any sixty-minute period and which shall exceed the permitted noise levels specified in this chapter. Any designated official of the City of Ithaca may issue a verbal warning that the violation exists and of the penalties that may ensue. § 240-13. Horns and alarms. This chapter shall not apply to fire horns or other alarms authorized by the Fire Department or Police Department and operated in accord with that authorization. ARTICLE III, Other Provisions § 240-14. Permit procedures for certain activities. A. Where a sound source is planned, installed or intended to be installed or modified by any person in a manner that such source will create or is likely to create unreasonable noise or otherwise fail to comply with the provisions of this chapter, such person must secure a permit pursuant to this section. B. Where any person uses or plans to use any sound-amplifying equipment in such a way that such equipment is or will be heard outside of any building between 9:00 p.m. of any day and 7:30 a.m. to the next day, such person must secure a permit under this section. C. Where any person uses or plans to use a public-address system that will make sound outside of a building, such person must secure a permit under this section. D. The application for the permit shall provide the following information: (1) The reasons for such usage, including a demonstration why it is desirable or necessary that the sound source involved be authorized by a permit pursuant to this section. (2) Plans and specifications of the use. (3) Noise-abatement and -control methods to be used with respect to the sound source involved. 5 r Crt oflthaca PC/Codebook for. indot�s (4) The period of time during which the permit shall apply. (5) The name of the person(s) who is responsible for ensuring that the activity complies with any permit issued for it pursuant to this section. (6) When the activity for which the permit is being sought is not a community-wide or public event, that notification of the application for the permit 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 to whom the application is being made and that any person objecting to the granting of such permit may contact the individual to whom the application is being made to express his/her opposition to the granting of the permit. (7) That a copy of the application for the permit has been provided to the Chief of Police. E. The application shall be made to the Superintendent of Public Works in connection with construction work on public rights-of-way or in parks; to the Building Commissioner for all other construction projects; and to the Mayor for any other events. The issuance of permits shall be discretionary and shall be issued only where the responsible official determines that such permit is reasonable and necessary and will allow an activity that is consistent with the general purposes of this chapter, as stated in § 240-2, provided that no permit shall be issued pursuant to this section for any sound source that will operate between 12:00 midnight and 8:00 a.m. of any day. Any permit granted shall state that the permit only applies to this chapter, 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." F. In order to further the purposes of this chapter and to facilitate its implementation and enforcement; the Superintendent of Public Works, the Building Commissioner and the Mayor shall have authority to impose such conditions as they determine are reasonable and necessary on permits they issue pursuant to this section. Such conditions may govern factors which include but are not limited to the time and location the involved sound source may be utilized. G. The Superintendent of Public Works, the Building Commissioner and the Mayor shall provide the Chief of Police with a copy of any permit issued pursuant to this section. § 240-15. Penalties for offenses. [Amended 3-6-1991 by Ord. No. 91-7] Any person who shall violate any provision of this chapter shall be punishable by a fine not to exceed two hundred fifty dollars ($250.) or imprisonment of not more than fifteen (15) days, or both such fine and imprisonment; provided, however, that a person who shall violate any provision of this chapter after having been convicted of a violation of any provision of this chapter within the preceding three (3) years shall be punishable by a fine not to exceed five hundred dollars ($500.) or by imprisonment of not more than fifteen (15) days, or both such fine and imprisonment; and further provided that any person who shall violate any provision of this chapter after having been convicted two (2) or more times of a violation of any provision of this chapter within the preceding three (3) years shall be punishable by a fine not to exceed seven hundred fifty dollars ($750.) or by imprisonment of not more than fifteen (15) days, or both such fine and imprisonment. 6 To : Noise Ordinance Committee From: Susan Beeners , 12/2/99 j Enclosed are copies of various regulations related to noise , that I assembled last spring . They include the following: N. Y. S. Penal Law - Disorderly Conduct Danby Zoning Ordinance excerpt Danby Dog Control Law City of Ithaca Noise Ordinance City of Ithaca Zoning Code excerpts related to noise Town of Ithaca Noise Ordinance Town of Ithaca Zoning Ordinance excerpts related to noise Village of Lansing Right to Farm Law ( I 've included this because I recommend that any noise ordinance make noise from customary agricultural activities exempt from regulation ) I would be glad to meet with you sometime if you would like my input . §240.10 Penal Law §240.10. Unlawful assembly. A person is guilty of unlawful assembly when he assembles with four or more other persons for the purpose of engaging or preparing to engage with them in tumultuous and violent conduct likely to cause public alarm,or when, being present at an assem- bly which either has or develops such purpose, he remains there with intent to advance that purpose. Unlawful assembly is a class B misdemeanor. §240.15. Criminal anarchy. A person is guilty of criminal anarchy when (a) he advocates. the overthrow of the existing form of government of this state by violence, or(b)with knowledge of its contents,he publishes, sells or distributes any document which advocates such violent over- throw,or(c)with knowledge of its purpose,he becomes a member of any organization which advocates such violent overthrow. Criminal anarchy is a class E felony. §240.20. Disorderly conduct. A person is guilty of disorderly conduct when, with intent to e,,/0-iCz cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof: ,) 1.He engages in fighting or in violent,tumultuous or threaten- ing behavior; or 61/`-R ( n 2. He makes unreasonable noise; or b v 3. In a public place, he uses abusive or obscene language, or makes an obscene gesture; or 4. Without lawful authority, he disturbs any lawful assembly or meeting of persons; or 5. He obstructs vehicular or pedestrian traffic; or 6. He congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse; or 7. He creates a hazardous or physically offensive condition by any act which serves no legitimate purpose. Disorderly conduct is a violation. §240.21. Disruption, or disturbance of religious service. A person is guilty of aggravated disorderly conduct,who makes unreasonable noise or disturbance while at a lawfully assembled religious service or within one hundred feet thereof, with intent to cause annoyance or alarm or recklessly creating a risk thereof. Aggravated disorderly conduct is a class A misdemeanor. O§240.25. Harassment in the first degree. A person is guilty of harassment in the first degree when he or she intentionally and repeatedly harasses another person by following such person in or about a public place or places or by engaging in a course of conduct or by repeatedly committing acts (rev.96) 182 ®1996 by J.&B.Could Printed In the U.S.A. B Offenses Against Public Order §240.08 240.45. Criminal nuisance in the second degree. 240.46. Criminal nuisance in the first degree. 240.50. Falsely reporting an incident in the third degree. 240.55. Falsely reporting an incident in the second degree. 240.60. Falsely reporting an incident in the first degree. 240.61. Placing a false bomb. 240.65. Unlawful prevention of public access to records. §240.00. Offenses against public order; definitions of terms. The following definitions are applicable to this article: 1. "Public place" means a place to which the public or a substantial group of persons has access, and includes,but is not limited to, highways, transportation facilities, schools, places of amusement,parks,playgrounds,and hallways,lobbies and other portions of apartment houses and hotels not constituting rooms • or apartments designed for actual residence. 2. "Transportation facility" means any conveyance, premises or place used for or in connection with public passenger transpor- tation, whether by air, railroad, motor vehicle or any other method. It includes aircraft,watercraft,railroad cars,buses,and air, boat, railroad and bus terminals and stations and all appur- tenances thereto. §240.05. Riot in the second degree. A person is guilty of riot in the second degree when, simul- taneously with four or more other persons,he engages in tumul- tuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm. Riot in the second degree is a class A misdemeanor. §240.06. Riot in the first degree. A person is guilty of riot in the first degree when (a) simul- taneously with ten or more other persons he engages in tumul- touous* and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of causing public alarm, and (b) in the course of and as a result of such conduct, a person other than one of the participants suffers physical injury or substantial property damage occurs. Riot in the first degree is a class E felony. *So in original. Probably should be "tumultuous". §240.08. Inciting to riot. A person is guilty of inciting to riot when he urges ten or more persons to engage in tumultuous and violent conduct of a kind likely to create public alarm. Inciting to riot is a class A misdemeanor. c 1996 by J.&B.Could (rev.96) Printed in the US.A. B 181 Danby.ard.wp51.danby. .09/14/95 11`55am / T61iv , o D,( Tompkins County Health Department. No subdivision of a mobile home park site plan is permitted without approval of the Town Board, following Planning Board review. No alteration, amendment or change in a trailer park site plan is permitted without approval of the Planning Board. ARTICLE VII: SPECIAL REGULATIONS Section 700 - APPLICATION. Except as otherwise herein provided, the following special regulations shall apply to the entire Town. Section 701 -LIMITATION OF USES WITHIN 200 FEET OF A RESIDENCE ZONE. No theater, dance hall, tavern, restaurant, bowling alley, skating rink, veterinary hospital, kennel or other place for the boarding of animals, garage or shop for the painting or repairing of automobile bodies or fenders, or any other use causing loud or unusual noise, fumes, or odors shall be located within 200 feet of any Residence Zone. Section 702 - ENCLOSURE OF EXCAVATION SITES. Any commercial operation involving the excavation of top soil, sand, gravel, clay, shale or other natural deposit or the quarrying of any kind of rock formation at depths of more than 6 feet shall be enclosed by a substantial fence. Section 703 - ABANDONMENT OF QUARRIES, ETC. At such time as any quarry or excavation for the purpose of extraction of natural resources is abandoned, all steep sides shall be sloped to a slope of not greater than one vertical foot of slope in each three lineal feet, and the entire area is to be adequately seeded or otherwise landscaped to prevent erosion. Nothing contained in this section is intended to relieve a quarry or excavation owner from complying with more stringent requirements of any federal, state, or local law or regulation. Section 704 - PUBLIC GASOLINE FILLING STATIONS AND GARAGES. 1. No part or appliance of any building used as a garage or gasoline filling station shall be erected within seventy-five feet of any Residence Zone. 2. In no case shall a gasoline or oil pump, oiling or greasing mechanism, or other service appliance installed in connection with any gasoline filling station or public garage be closer than thirty feet from any street line or highway right-of-way line. 3. No automobile repair work, except emergency work, shall be carried on out of doors and all automobile or motor vehicle parts, dismantled vehicles and similar articles shall be stored within a building or at a location not visible from any point from any 23 TOWN OF DANBY LOCAL LAW NO. 1 OF THE YEAR 1984 �O 0/..)•Ty_Z L' A LOCAL LAW REGULATING AND CONTROLLING THE ACTIVITIES OF DOGS IN THE TOWN OF DANBY, 10 BE KNOWN AS THE "DOG CONTROL LAW" AND SUPERSEDES LOCAL LAW NUMBER I. OF THE YEAR 1976. Be it enacted by the Town Board of the Town of Danby as follows: • SECTION 1 PURPOSE: The purpose of this law is to promote the public health, safety, and welfare of the community, including the protection and preservation of the property of residents of the Town and its inhabitants, and of the peace and good order therein by regulating and controlling activities of dogs within the Town of Danby and providing for enforcement thereof. SECTION 2 PROHIBITED ACTS. Any bwner of a dog or any other person who harbors or is custodian of any dog in the Town of Danby shall be in violation of this law if such dog: A. Is not restrained by an adequate collar and leash when not on the property of the owner or any other person harboring or having custody or control of the dog, or is not accompanied by and in the actual control of its owner or any other person harboring or having custody of the dog. (LF/O. i D /T L) CESrTuTlvt I B. Engages in such habitual or continued 'barking, howling or whining so as to cause a person's rest to be broken, his sleep to be interrupted or the reasonable use or enjoyment of his home or property to be otherwise interferred with, disturbed or diminished or that causes a person to otherwise harrassed, annoyed or disturbed. C. Causes damage or destruction to property, or defecates, urinates, or otherwise commits a nuisance other than on the premises of the person owning or harboring such dog. D. When not on the premises of the person owning or harboring such dog, chases or otherwise harrasses any person in such a manner as reasonable apprehension of bodily harm or injury. E. Except when it is on the premises of the owner, or other person harboring or having custody of the dog, where it is usually harbored, chases, barks at, leaps on, or otherwise attacks any ( i ) bicycle, motorcycle, motorwagon, carriage, or any other vehicle or device used by persons for travel or as a conveyance, or any riders or occupants thereof, or ( ii ) horse, including any rider thereon, or other animal . F. Is unlicensed when six months of age or older. G. Is not wearing a current valid New York State dog license identification tag while at large, whether or not restrained by an adequate collar and leash. H. Is not redeemed after notice of seizure is given to the owner within (7) seven days of such seizure. SECTION 3 ENFORCEMENT. The dog control officer of the Town of Danby, or any other person or persons who are or may be lawfully authorized by the Town shall , and all peace officers may, administer and enforce the provisions of this law, and for such purpose shall have the authority to issue appearance tickets and/or, when authorized by law, to seize dogs , either on or off the premises of the owner or person harboring such dog, if witnessed by any of the aforesaid persons or officers to be 'in violation of this law. SECTION 4 FILING OF COMPLAINTS. Any person who observes a,dog in violation of any acts prohibited by this law may file a signed complaint, under oath, with a Town Justice of the Town of Danby, or with the authorized dog control officer, or with any peace officer, specifying the objectionable conduct of the dog, the date thereof, the damage caused, or the acts constituting violation of this law, and including the place or places where such conduct occurred and the name and residence, if known, of the owner or other person harboring such dog. Upon receipt of such a complaint, the authorized dog control . officer or peace officer receiving such complaint shall transmit same to the Town Justice. Upon receipt by the Town Justice of such a complaint against the conduct of or acts by any particular dog, or the owner thereof or other person harboring such dog, the Town Justice may issue a written summons directing the alleged owner or other person harboring said dog to appear in person before him; if such person does not appear, the Town Justice may issue' a warrant for the arrest of said person based upon any complaint •or information previously filed. SECTION 5 MINOR OWNER: RESPONSIBILITY OF HEAD OF HOUSEHOLD: If any dog in violation of this law is owned by a person under 18 years of age, the head of the household in which said person resides shall be deemed to be the owner or person harboring such dog and shall be responsible for the acts of said dog for purposes of this law. SECTION 6 PRESUMPTION: The fact that the dog is in violation of any of the provisions of this law shall be presumptive evidence that the dog has been permitted to be in violation with the knowledge of the owner or person harboring the dog. SECTION 7 PUBLIC COOPERATION. No person shall intentionally hinder, resist, or oppose the authorized dog control officer, peace officer, or other person authorized to administer or enforce the provisions of this law in the performance of his duties under this law. SECTION 8 PENALTIES: _ - (1 ) A violation of this law shall constitute a violation as the same as defined in the Penal Law of the State of New York, and shall be punishable by a penalty of not more than $25.00 for the first violation, not more than $50.00 for the second violation, and not more than $75.00 for the third and all subsequent violations or by imprisonment for a term not to exceed five days for each violation. These penalties shall be in addition to any other penalties provided by law. (2) Redemption fees: or other fees, charged as a result of the seizure or impounding of any dog shall not be deemed a part of the penalties set forth above. • . SECTION 9 FEES. State mandatory minimum fees apply for spayed and unspayed dogs. , Adoption fees. Any dog not redeemed within seven (7) days after seizure, with notice of such seizure having been promptly given to the owner, if such notice is possible, will be available for adoption for a fee of $10.00. SECTION 10 REPEAL. Local Law Number 1 of the year 1976 is hereby superseded effective on the effective date of this local law. SECTION 11 VALIDITY. If any section, paragraph, subdivision, clause, phrase, or provision of this law shall be judged invalid or held unconstitutional , it shall not affect the validity of this law as a whole or any part or provision thereof other than the part so decided to be invalid or unconstitutional . SECTION 12 EFFECTIVE DATE. This law shall take effect immediately. Adopted by Town Board: September 10, 1984 k-L21--bay, Town Cler 79 CIF I 114 . . . . doti4. . [HISTORY: Adopted by the Common Council of the City of Ithaca 9-5-1990 as Ord. No. 90-12 (Ch. 68 of the 1975 Municipal Code). Amendments noted where applicable.] GENERAL REFERENCES Assemblies and parades—See Ch. 132. Building construction—See Ch. 146. • Dogs and other animals—See Ch. 164. Peddling and soliciting—See Ch.232,Art. V. Peace and good order—See Ch.250. ARTICLE I, General Provisions § 240-1. Title. This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance." § 240-2. Purpose. The purpose of this chapter is to preserve the public health,peace, welfare and good order by suppressing the making, creation or maintenance of excessive, unnecessary, unnatural or unusually loud • noises which are prolonged,unusual and unnatural in their time, place and use and which are detrimental to the environment. It is also the purpose of this chapter to allow all residents of the city to coexist harmoniously in a manner which is mutually respectful of the interests, rights and obligations of all persons. § 240-3. Definitions. Unless the context otherwise clearly indicates, the words and phrases used in this chapter are defined as follows: DAYTIME HOURS -- The hours between 7:30 a.m. and 10:00 p.m., local time, on any day. EMERGENCY WORK-- 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. IMPULSIVE SOUND -- A sound of short duration, usually less than one (1) second, and ofhigh intensity, with an abrupt onset and rapid decay. MOTOR VEHICLES -- Includes but is not limited to automobiles, trucks, buses, mopeds, minibikes and any other vehicles as defined by the Vehicle and Traffic Law of the State of New York, as it may be 1 Pibt o f Ithaca PC/ 'odebo.o .for. f!ndows amended from time to time. NIGHTTIME HOURS -- The hours between 10:00 p.m., local time, on any day and 7:30 a.m. on the following day. NOISE -- A level of sound that is injurious or annoying or disturbing to be heard. PERSON -- Includes the singular and plural and also any individual; any property owner and/or lessee; any firm; a corporation; a political subdivision; a government agency, including any agency of the City of Ithaca; an association or an organization, including but not limited to officers, directors, employees, agents and/or independent contractors thereof; or any legal entity whatsoever. SOUND-AMPLIFYING EQUIPMENT-- 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 radios or tape recorders when used and heard only by the occupants of the vehicle in which such automobile radio or tape recorder 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. § 240-4. Unreasonable noise prohibited. A. No person shall intentionally cause public inconvenience, annoyance or alarm or recklessly create a risk thereof by making unreasonable noise or by causing unreasonable noise to be made. B. For the purpose of implementing and enforcing the standard set forth in Subsection A of this section, "unreasonable noise" shall mean any sound created or caused to be created by any person which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of the public or which causes injury to animal life or damages to property or business. 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) .Whether the nature of the noise is usual or unusual. (3) Whether the origin of the noise is associated with nature or human-made activity. • (4) The intensity of the background noise, if any. (5) The proximity of the noise to sleeping facilities. (6) The nature and the zoning district of the area within which the noise emanates and of the area within five hundred (500) feet of the source of the sound. (7) The time of the day or night the noise occurs. (8) The time duration of the noise. 7 Ci�y o,f�thaec P;CICodebook. dr.t!nda �s (9) Whether the sound source is temporary. (10) Whether the noise is continuous or impulsive. (11)The volume of the noise. (12) The existence of complaints concerning the noise from persons living or working in different places or premises who are affected by'the noise. C. This section shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. ARTICLE II, Special Noise Sources § 240-5. Purpose of Article. The provisions of this Article II complement and supplement the other provisions of this chapter and shall be interpreted and applied in accordance with and in addition to and not in lieu of those other provisions. The provisions of this Article shall not be interpreted to prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound sources. 240-6. Radios, television sets and similar sound-amplifying devices. It shall be unlawful for any person anywhere in the city to use or to operate any radio or receiving set, musical instrument, phonograph, television set, any other machine or device for the producing or reproducing of sound or any other sound-amplifying equipment in a loud, annoying or offensive manner such that noise from the device interferes with the comfort, repose, health or safety or members of the public within any building or, outside of a building, at a distance of twenty-five (25) feet or more from the source of such sound or interferes with the conversation of members of the public who are twenty-five (25) feet or more from the source of such sound. § 240-7. Parties and other social events. A. It shall be unlawful for any person in charge of a party or other social event that occurs on any private or public property to allow that party or event to produce noise in a loud, annoying or offensive manner such that noise from the party interferes with the comfort, repose, health or safety of members of the public within any building or, outside of a building, at a distance of twenty-five (25) feet or more from the source of such sound. B. For the purposes of this section, a "person in charge of a party or other social event": (1) That occurs on any public property shall include the person or persons who obtained permission to utilize that property for that event. 3 City o f Ithaca PCICocfebook fo. T nd ms (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 or social event. (3) Shall include the person who is listed on a permit granted pursuant to Article III of this chapter • with respect to such event. § 240-8. Hawkers and peddlers. It shall be unlawful for any person to advertise, promote or sell anything by outcry within any area of the city zoned for residential uses. The provisions of this section shall not be construed to prohibit the selling by outcry of merchandise, food and beverages at licensed sporting events, parades, fairs, circuses and other similar licensed public entertainment events. § 240-9. Machinery. It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined in § 240-4 of this chapter. In making such determination with respect to the matters governed by this subsection, additional factors to be considered shall include: A. The necessity of the work being done. B. The ability of the creator of the noise to minimize or reduce the amount of noise created or to otherwise minimize its adverse effects. § 240-10. Construction during nighttime hours. A. Except for the purposes specified in Subsection B, during nighttime hours it shall be unlawful for any person within a residential zone or within five hundred (500) feet of a residential zone to operate construction equipment(including but not limited to any pile driver, steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any outside construction or repair work so as to create noise. Any designated official of the City of Ithaca shall give a verbal warning that the violation exists and of the penalties that may result if the violation continues. 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 noise within a residential building or across a residential real property boundary where such noise interferes with the comfort, repose, health or safety of members of the public within any building 4 Crty o f Ifheaca. f':C�CodebooJcJ €3 tldou�s or, outside of a building, at twenty-five (25) feet or more from the source of the sound. 240-11. Applicability of Article. This Article shall be applied in addition to § 240-4. 240-12. Continuing noise. It shall be unlawful for any person to make or continue or cause to be made or continued any loud, unnecessary or unusual noise or sound that shall continue for more than three (3) cumulative minutes in any sixty-minute period and which shall exceed the permitted noise levels specified in this chapter. Any designated official of the City of Ithaca may issue a verbal warning that the violation exists and of the penalties that may ensue. § 240-13. Horns and alarms. This chapter shall not apply to fire horns or other alarms authorized by the Fire Department or Police Department and operated in accord with that authorization. ARTICLE III, Other Provisions § 240-14. Permit procedures for certain activities. A. Where a sound source is planned, installed or intended to be installed or modified by any person in a manner that such source will create or is likely to create unreasonable noise or otherwise fail to comply with the provisions of this chapter, such person must secure a permit pursuant to this section. B. Where any person uses or plans to use any sound-amplifying equipment in such a way that such equipment is or will be heard outside of any building between 9:00 p.m. of any day and 7:30 a.m. to the next day, such person must secure a permit under this section. C. Where any person uses or plans to use a public-address system that will make sound outside of a building, such person must secure a permit under this section. D. The application for the permit shall provide the following information: (1) The reasons for such usage, including a demonstration why it is desirable or necessary that the sound source involved be authorized by a permit pursuant to this section. (2) Plans and specifications of the use. (3) Noise-abatement and -control methods to be used with respect to the sound source involved. 5 City of Ithaca PC/Codebook ror..Windo..t��i (4) The period of time during which the permit shall apply. (5) The name of the person(s) who is responsible for ensuring that the activity complies with any permit issued for it pursuant to this section. (6) When the activity for which the permit is being sought is not a community-wide or public event, that notification of the application for the permit 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 to whom the application is being made and that any person objecting to the granting of such permit may contact the individual to whom the application is being made to express his/her opposition to the granting of the permit. (7) That a copy of the application for the permit has been provided to the Chief of Police. E. The application shall be made to the Superintendent of Public Works in connection with construction work on public rights-of-way or in parks; to the Building Commissioner for all other construction projects; and to the Mayor for any other events. The issuance of permits shall be discretionary and shall be issued only where the responsible official determines that such permit is reasonable and necessary and will allow an activity that is consistent with the general purposes of this chapter, as stated in § 240-2, provided that no permit shall be issued pursuant to this section for any sound source that will operate between 12:00 midnight and 8:00 a.m. of any day. Any permit granted shall state that the permit only applies to this chapter, 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." F. In order to further the purposes of this chapter and to facilitate its implementation and enforcement; the Superintendent of Public Works, the Building Commissioner and the Mayor shall have authority to impose such conditions as they determine are reasonable and necessary on permits they issue pursuant to this section. Such conditions may govern factors which include but are not limited to the time and location the involved sound source may be utilized. G. The Superintendent of Public Works,the Building Commissioner and the Mayor shall provide the Chief of Police with a copy of any permit issued pursuant to this section. §240-15. Penalties for offenses. [Amended 3-6-1991 by Ord. 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U Cj .r bo...> ...> •— U " 9 s= O.2 U Z G U a '9L •c3 � y C O Gr ..0 ° O -� V co y c• .s= E b > C) C O .5 '7 ^p a) p C N C .4E -E H C a a) ..., -0 Cn > O a. a L m cC O cJ _a •-i-.., a) 0 p w'> C) a+= 7 O U y 0 ' _ C L y _ � O 0 O ,�1 0 i. a) 6 O 2 0 ' O •O O O a) L m U — L 0 CJ .g_ h ' ca .O OS L 0 4 ^ a O 0 3 0 r3 E O L i ct s-71 cJ O U C 3 it U Z N C/] .— O L Q v ( c --> u ca cn Z C' G o f -n 3 ca F W Ji E L7, • 3 o v - LtS M W L_, (7 x s` c.) n) 6F i 71-1 73v C-A N 79 te 7� /9 S? . ORDINANCE REGULATING NOISE IN THE TOWN OF ITH.ACA Pursuant to Section 130 (11) of the Town Law of the State of New York the Town Board of the Town of Ithaca, Tompkins County, New York, does ordain and enact as follows: ARTICLE I GENERAL PROVISIONS Section 1. Title. This Ordinance shall be known and may be cited as the "Town of Ithaca Noise Ordinance." Section 2 . Applicability This Ordinance shall apply to all areas of the Town outside the Village of Cayuga Heights. Section 3 . Purpose. The purpose of this Ordinance is to preserve the public health, peace, welfare, 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 and which are detrimental to the environment. Section 4 . Definitions. Unless the context otherwise clearly indicates, the words and phrases used in this Chapter are defined as follows: 1. "Motor Vehicles" shall include, but not be 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. 2 . "Sound-Amplifying Equipment" shall mean 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 radios or tape recorders when used and heard only by the occupants of the motor vehicle in which such automobile radio or tape recorder is installed. As used in this Ordinance, 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. 3 . "Decibel" shall mean a unit for expressing the ratio of • Noise . ord, Itha2 , 8/2/69 10 : 55am two amounts of electric or acoustic power equal to ten times the common logarithm of the power ratio with a reference power of 20 micro Pascals and weighted according to ANSI standard "A" weighting. It is abbreviated "dB/ (A) ". Decibels shall be measured on standard sound-level meters acceptable to the Tompkins County Sheriff's Department or the Town of Ithaca Building and Zoning Inspector. 4 . "Person" 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. 5. "Daytime hours" shall mean the hours beginning at seven a.m. local time on Monday through Friday and beginning eight a.m. local time on Saturday and Sunday, and ending ten p.m. local time on Sunday through Thursday. and ending twelve o'clock midnight local time on Friday and Saturday. 6. "Nighttime hours" shall mean the hours beginning ten p.m. local time on Sunday through Thursday and beginning twelve o'clock midnight local time on Friday and Saturday and ending seven a.m. local time on Monday through Friday and ending eight a.m. local time Saturday and Sunday. 7 . "Town" shall hereafter mean all of the Town of Ithaca exclusive of the portion of the Town within the incorporated Village of Cayuga Heights . 8 . "Residential zone" shall mean an R-5, R-9 , R-15 , R-30 or a Multiple Residence District, or an Agricultural District, as defined in the Town of Ithaca Zoning Ordinance. "Residential Zone" also includes any Special Land Use District defined by such Ordinance wherein one of the principal land users is residential. Should such Ordinance be amended or replaced and by so doing adding additional zones or differently denominated zones, "Residence zones" shall mean those zones determined under such Ordinance or any successor statute wherein the predominant intended land use is either residential or agricultural. 9 . "Unreasonable noise" shall mean any excessive or unusually loud sound which, at the boundary line of the property from which the sound emanates, 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 . 2 Noise . ord, Itha2 , 5/2/39 10 : 55am ARTICLE II SPECIAL NOISE SOURCES Section 1. Radios , television sets, and similar devices or • amclifvina sound. A. It shall be unlawful for any person anywhere in the Town to use or to operate any radio or receiving set, musical instrument, (including drums) , phonograph, television set, or other machine or device for the producing or reproducing of sound that during the nighttime hours as defined in this Ordinance produces unreasonable noise within any Residential Zone. B. It shall be unlawful for any person within any Residential Zone to use or operate any radio receiving set, musical instrument, (including drums) , phonograph, television set, or other machine or device for the producing or reproducing of sound that during the nighttime hours as defined in this Ordinance, either produces unreasonable noise or emits a sound greater than fifty-five (55) dB (A) as measured at the property line of the emitting source or the adjacent public right-of-way. During the daytime hours it shall be unlawful for any person to operate or use any radio receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of sound at a level greater than sixty (60) dB(A) as measured at the property line of the emitting source or the adjacent public right-of-way. The corresponding sound levels permitted in any zone other than a Residential Zone shall be fifty-five (55) dB(A) nighttime and sixty-five (65) dB (A) daytime. Section 2 . Construction of buildings and projects. During the nighttime hours as defined in Article I, Section 6 herein, it shall be unlawful for any person within a Residential Zone, or within a radius of five hundred (500) feet of a Residential Zone, to operate construction equipment or perform any outside construction or repair work (except that of an emergency nature) on buildings, structures, or projects, or to operate any pile driver, steam shovel, pneumatic hammer, derrick, steam or electric hoist, or other construction equipment except to perform emergency work. 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 nighttime hours, no person shall operate such machinery so as to cause unreasonable noise in a Residential Zone. 3 Ncise. ord, Itha2 , 8/2/39 10 : 55am ARTICLE III ` PERMITS Section 1. Authorization for Permit. Where the enforcement of this Ordinance would create an unnecessary hardship, the Town Board, in its discretion, is authorized to grant a permit for a specific waiver from the requirements of this Ordinance. Such waivers shall be granted only in those circumstances where the applicant demonstrates that the waiver is necessary for a valid purpose, that the proposed waiver is the minimal intrusion needed, that 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. Section 2 . Permit Procedure. An application for such a permit shall be filed with the Town Clerk and shall provide the following information: (a) Name of applicant. (b) The adult person responsible for compliance with the permit, if different from the applicant, which adult person shall also sign the application and agree to be responsible for compliance with the permit terms and any conditions attached to the permit. (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) Demonstration why applicant cannot conform to the Ordinance. (h) Such other information as the Town Clerk and/or Town Board may reasonably require to adequately consider the permit request. A public hearing before the Town Board shall be held in connection with the application no less than five days after publication of notice of such hearing in the Town's official newspaper. The issuance of permits shall be discretionary. The Town Board may impose any conditions deemed necessary by such Board to minimize the intrusion of sound that might occur by the exercise of the privileges granted by the permit. 4 Noise. ord, Itha2 , 2/2/89 10 : 55am ARTICLE IV VIOLATION AND PENALTY Section 1. Violation. A. Any sound originating from a stationary property location which is measured at the property line from which the sound is emanating and found to be in excess of the levels permitted for the zone as specified in this ordinance shall be a violation of the ordinance. B. Any sound originating from a transient noise source and measured on a standard meter at a distance of fifty (50) feet from the emitting source which is found to be in excess of the noise levels specified in this Ordinance or of the New York State Vehicle and Traffic Law shall be a violation of this Ordinance. C. Any unreasonable noise, prohibited by Article II of this Ordinance during the nighttime hours as defined in this Ordinance shall be a violation of this Ordinance. Section 2 . Penalty Any person who shall violate the provisions of this Ordinance shall be punishable as follows : For the first violation the violator shall be subject to a fine of up to Two Hundred Fifty Dollars ($250. 00) or imprisonment not to exceed fifteen (15) days, or both. In the event a person is found to be violating this Ordinance more than once within any five year period, a violator shall be subject to a fine of up to $500. 00 or imprisonment not to exceed thirty (30) days, or both. With respect to continuous emissions of sound, each day of such emission shall constitute a separate violation. Section 3 . Owner Liable. The owner of any real property (except public highways, and other publicly owned facilities) from which sounds prohibited by this Ordinance emanate shall be guilty of a violation of this Ordinance, whether or not such owner was on the premises or occupied the premises when the proscribed sounds emanated from same. 5 TuwIn o 14 c Zo ►-1; 0 Or(c)., • g or.), rigllton, 3/21/?6 P�LI� � 't forth abo 7. In the event that any of the uses permitted in Business Districts "C" involve auxiliary, )r a sale of small-scale assembly, repair, processing or fabrication, such activity shall take place only d number in connection with products or services offered for immediate sale or direct service to ;ale may , customers on the premises, and further provided that no objectionable noise, smoke, quired Up odor, vibration or disorder created thereby shall be experienced beyond the lot lines of he reducti, said businesses. g. Displays: in Business Districts A , B , C , and "E" no outside displays shall be red for permitted. 9. Application for Special Approval: Where a use is permitted in this Article in a Business :te, or o District `A', `B', `C', `D' or `E' upon the obtaining of a special approval, the application adequate,, for such approval for the requested use shall be referred to the Planning Board and no manner ,, final action by the Board of Appeals shall be taken until the Planning Board has reviewed gall provi.. at least a preliminary site plan and has approved same. If the Board of Appeals grants t, size . , the special approval, and if only a preliminary site plan was approved by the Planning appropri. Board, the matter shall be returned to the Planning Board for final site plan approval as t desirable set forth below. thority. SECTION 39. Site Plan Approvals. No building permit shall be issued for a building or structure within a Business District unless the proposed building is in accordance with a site plan approved pursuant to the provisions of Article IX. 't from am ide with'' present 8. fuse sh. following 3s shall be stain bins. fuse, and Such area No refuse set forth red to be lazardous JScaping, 41 A '. Zoning Or.1, wpSl lzon,3/21196 ARTICLE VIII LIGHT INDUSTRIAL DISTRICTS SECTION 40. Location. With the approval of the Town Board, a Light Industrial District rnas be established in any district of the Town except a Residence District R15. SECTION 41. Permitted Principal Uses. The principal uses permitted in a Light Industrial District shall be: industrial uses employing electric power or other motor power, or utilizin€ hand labor for fabrication or assembly. SECTION 42. Performance Standards. Any use shall be so operated as to comply with the performance standards governing noise, smoke emissions, and odor hereinafter set forth. 1. Noise. At no point on the boundary of a Residence, Multiple Residence or Business District shall the sound pressure level of any individual operation or plant, other than the operation of motor vehicles or other transportation facilities, exceed the decibel levels in the designed octave bands shown below for the districts indicated.. Along Residence, Multiple Residence Along Business District Octave Band District Boundaries - Boundaries Cycles Per Maximum Permitted Sound Maximum Permitted Sound Second Level in Decibels Level in Decibels 1 to 75 72 79 75 to 150 67 74 150 to 300 59 66 300 to 600 52 59 600 to 1200 46 53 1200 to 2400 40 47 2400 to 4800 34 41 above 4800 32 39 Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association, 2. Smoke. The emission of any smoke from any source whatever to a density greater than the density described as #2 on the Ringlemann Chart is prohibited. The Ringlemann 42 Toning Or.1, wpSl L-on,3121/96 Chart as published and used by the Bureau of Mines, U.S. Department of Interior, is hereby adopted and made a part of these regulations. 3. Odors. No use shall emit noxious, toxic, or corrosive fumes, gases, or matter, in such strict may quantities as to be readily detectable at any point along the boundaries of the lot wherein it is located. Industrial SECTION 43. Accessory Uses. Accessory uses permitted in a Light Industrial District shall - utilizing be the following: 1. Automobile parking and off-street loading areas subject to the further requirements of this with the article. ,rth. 2. Accessory storage buildings, but not to include outside storage. Business • than the 3. Signs, as regulated by the Town of Ithaca Sign Law. el levels 4. The dwelling of an owner, operator, or manager, or of a guard, caretaker, or custodian, provided that no more than one dwelling unit per industry shall be established. ict 5. Day care centers upon special approval of the Board of Zoning Appeals pursuant to Section 77, subdivision 7. The application for such approval shall be referred to the Jund I Planning Board and no final action shall be taken until the Planning Board has approved the site plan for the center and submitted its report or has failed to so act within 30 days of receipt of all required information. SECTION 44. Area, Yard, Coverage and Height Requirements shall be as follows: 1. Area: a minimum tract of 10 acres is required for the development of a Light Industrial District. I 2. Yards: Front Yard - not less than 150 feet. Side Yards - Not less than 60 feet from any structure to a side property line. Rear Yards - not less than 50 feet. 3. Coverage: no principal building shall be erected or altered to cover more than 30 per 'd filter cent of the lot area. :iation. 4. Height: No structure other than a building shall exceed twenty-five (25) feet in height, er than ' and no building shall exceed twenty-nine (29) feet in height from the lowest interior emann grade nor twenty-five (25) feet in height from lowest exterior grade, whichever is lower. 43 Zoning.app, wp511zon, 3/21/96 -n COY�ZLQ., tJ r S fe[A LA IA 61 U S S� substantially consistent with the impacts that would be the result had the building been constructed without excluding additional perimeter footage from the height calculation; and (C) The proposed use of the building requires additional basement access and/or loading dock space; and (D) The increased height will not adversely affect the visual character of the general area surrounding the proposed building. (ii) No structure, other than a building, shall be erected, altered, or extended to exceed fifty (50) feet in height. (c) Ground Coverage: Total coverage of ground by structures, road pavement, parking lots and pedestrian area pavements shall not exceed 45% of the site nor 45% of the aggregate of all developed sites in the Special Land Use District. Total maximum ground coverage by buildings alone shall not exceed 25% of the site nor 25% of the aggregate of all developed sites of the Special Land Use District. For the 3. purpose of this paragraph, the area contained in the Natural Area shall be not be included in any calculation of ground coverage (i.e. the 55% of open space shall be in addition to the lands contained in the Natural Area). r (d) Road Setback: Road setbacks shall be as follows: 1 (i) From Route 366, Game Farm Road, and any other publicly owned road, a front setback of at least 75 feet from the road right-of-way line. In addition, if a building exceeds 30 feet in height above grade, the set back from a public road shall be increased 1 foot for each one foot of height in excess of 30 feet. 1 (ii) From a privately owned road that provides access to facilities within the Special Land Use District but which roads are not conveyed to or maintained j by a governmental entity, a front setback of at least 60 feet from the centerline of such road. (e) Noise: No use shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the land use category stated below when measured at the boundary of the site nearest the receiving land use. Receiving Sound Land Use Category Time Level Limit A - 120 4 t. zoning.app, wp51 tzon, 3/21/96 Residential Use 7 a.m. - 7 p.m. 65 dBa 7 p.m. - 7 a.m. 55 dBa Natural Areas 7 a.m. - 7 p.m. 60 dBa 7 p.m. - 7 a.m. 50 dBa All Other 7 a.m. - 7 p.m. 68 dBa 7 p.m. - 7 a.m. 58 dBa For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the maximum sound limits set forth above shall be reduced by 5 dBa. (f) Vibration: No activity shall cause or create a discernible steady state or impact vibration at or beyond the boundary of the site. (g) Atmospheric Emissions: There shall be no emission of dust, dirt, smoke, fly ash, or noxious gases or other noxious substances which could cause damage to the health of persons, animals, or plant life. (h) Odor: There shall be no emission of any offensive odor discernible at the boundary of the site. This standard is not intended to restrict customary agricultural practices. (i) Glare and Heat: No glare or heat shall be produced that is perceptible beyond the boundaries of the site. Exterior illumination shall be shaded and directed to prevent glare or traffic hazard on surrounding properties and streets. (j) Radioactivity and Electromagnetic Interference: No activities shall be permitted which emit dangerous radioactivity. No activities shall be permitted which produce any electromagnetic disturbance adversely affecting the operation of any equipment outside the boundary of the site. (k) Fire and Explosion Hazards: All activities involving, and all storage of inflammable and explosive materials, shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire suppression equipment and devices standard in the industry and as may be required by any applicable codes, laws, or regulations. All burning of such waste materials in open fires is prohibited. (1) Vermin: There shall be no storage of material, either indoors or out, in such a manner that it attracts or facilitates the breeding of vermin or endangers public health or the environment in any way. A - 121 k..:. . • aL-L-R6 © F LA--iv S ( IQ C- g ink -fa t rwi 1-a liV • •• RESOLUTION SECTION I. LEGISLATIVE IN- At especial Meeting of the TENT AND PURPOSE , . resulting from increased r Town Board of the:Town of • a. The Town Board of the knowledge and improved r Lansing held in and for the • Town of Lansing finds that technologies. •tTown oF,WGnsing:at the.Town farming is an essential octiv SECTION 4. NOTICE TO r Hall on February 12, 1997, ity within the.Town of Lon- PROSPECTIVE NEIGHBORS - the following members being . sing. The following notice shall be r present: Jeannine_Kirby, Su-'• b. Farming, s defined included in building permits, •pervisor; Larry Tvaroha,. herein, reinfoces the special special permits, permits is I Councilman• and Herbert quality of life enjoyed by resi- sued in Site Plan Review and - Beckwith,. Councilman; the dents of the Town, provides in any other situatioh where following Resolution was duly the visual benefit of open a permit is required to be I ' made by motion of Herbert space. and generates eco- issued by the Town of Lansing I Beckwith, and seconded by nomic benefits and social and on plats of subdivisions I Larry Tvaroha, and the vote well-being within the commu- submitted for approval pursu- 1 was unanimous. pity. Therefore, •the Town of ant to Town Law Section 276 ' WHEREAS, the.Town of Lan- Lansing emphasizes to new- and the land Subdivision sing supports a broad range comers andpnon-famrers that Rules and Regulation of the ' of agricultural, residential this Town encourages agricul, Town of Lansing, New York. •and business uses, and hire and requests newcomers This property may border a ' • WHEREAS, the Town of Lan- and non-farmers to be under- farm, as defined in Town of ; sing has experienced wide- standing of the nature of day Lansing local Law No. - of i ' spread growth- that has to day operations. the year —, a Local Low ' • brought business and resideri- c. It is the general purpose . known as The Right to Farm ' tial'uses into•close contact and intent of this Local law Law. Residents should be I ' with agricultural activities,the to maintain and preserve the aware that formers have the ' Town of Lansing is consider- rural tradition and character right to undertake good or I ing the passage uF a local of the Town of Lansing, to acceptable farm practices•t low to provide as follows: permit the continuation of ag- which may generate dust, Be It enacted by the Town ricuitural practices, to,protect odor, smoke, noise, and vi- . ' Board of the Town of Lansing the existence and operation brr Lion.' . • .. as follows: -_ ' . . of farms and to encourage SECTION' S. SEVERABILITY'' --- - the initiation and expansion CLAUSE of farms and agricultural bust, a.If any part of this Local Low nesses. for any reason is held to be ' d. For the purpose of reduc• unconstitutional or invalid, t ing future conflicts between such decision shall not affect formers and non-farmers, it is the remainder of this loccl l important that notice be lON given to -Future neighbors b. Nothing cofSlained herein • about the nature of agricul shall be construed as being tural practices. inconsistent with any other SECTION 2. DEFINITIONS • local law, ordinance, rule or a. 'Farm"-includes livestock, regulation of the Town of Lan- dairy,poultry, furbearing ani- sing,the intention of this local mat, aquaculture, fruit, vege low being to supplement and table and field crop farms, complement other local lows, Plantations orchards, nurser- ordinances, rules or reg- ies, greenhouses , or other ulotions. similar operations used pri• SECTION 6. EFFECTIVE madly for the raising of Agri- DATE This Local law shall be cultural or horticultural com• ding, five immediately upon filing} modifies. as provided by the Municiprs b. Agricultural Practices' - Home Rule Low. includes all activities con- THEREFORE,IT IS RESOLVED, ducted on a farm, necessary that a public hnnring In con. to the operation of a farm. sicler the adoption of the SECTION 3. THE RIGHT TO above-mentioned local low UNDERTAKE AGRICULTURE shall be held on March 19, PRACTICES 1997 at 7:15 p.m. at the Farmers,as well as those em- Lansing Town Hall. ployed, retained, or other- .The undersigned, Bonita wise authorized to act on Boles, the Town Clerk of the behalf of farmers, may law- Town of Lansing a municipal fully engage in farming prat- corporation of the County of tices within the Town of Lan- Tompkins, State of New York sing at any and all such times hereby certifies that the fore- and all such locations as are going Resolution is a true and reasonably necessary to con- correct copy of the Resolution duct the business of farming. duly adopted by the Town For any activity or operation, Board of said Town of Len- in determining the reason- sing at a special meeting duly ableness of the time, place coiled on proper notice and and methodology of such op- held on the 12th day of Feb. eration, due weight and con- ruary, 1997. In witness sidertaion shall be given to whereof I have hereunto set both traditional customs and my hand and the seal of the procedures in the farming in- Town of Lansing this 12th day dustry as well as advances of February, 1997. BONITA BOLES, Town Clerk. February 18, 1997