HomeMy WebLinkAboutNoiseLawDraftv4-202310D R A F T
13 Oct 2023 Preliminary Draft (version 4) of “Town of Danby Noise Regulation and Control
BE IT ENACTED by the Town Board of the Town of Danby, County of Tompkins, State of New
York, as follows:
Section 1. Title and Purpose
This Law shall be known as the “Town of Danby Noise Law.” The purpose of this local law 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 and which are detrimental to human health and
the environment. It is also the purpose of this local law 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, and the standards herein shall be measured, enforced, and
adjudged based upon the “reasonable person standard.”
Section 2. Def initions
As used in this law, the following terms shall have the meanings indicated below, others shall
have the meanings normally ascribed to them by the standard accepted dictionary
definitions.
DECIBEL (dB) - A unit for measuring the pressure and volume of a sound, as
determined by a sound testing instrument (decibel meter). A dBA measurement or
reference in this local law refers to A-weighted decibel measurements, including as
more fully described in ISO 226:2023.
ENFORCEMENT OFFICER – Any New York State or federal peace or police officer with
jurisdiction in the Town of Danby, the Town Code Enforcement Officer, or any person
so appointed for this purpose by resolution of the Town Board of the Town of Danby.
EXCESSIVE NOISE - Shall mean any noise generated or transmitted when a Special
Event Permit is not properly held and complied with which is: (i) unreasonable and
substantially incompatible with the time and location where created or heard; and (ii)
exceeds 90 dBA between the 7:00 a.m. and 11:00 p.m., or 55 dBA between the hours
of 11:00 p.m. and 7:00 a.m., as measured by a decibel meter from property
boundaries or the street line.
Mary Ann Barr 2021
T he Town of Danby, New York
1830 Danby Road, Ithaca, NY 14850
https://danby.ny.gov
Janice Adelman, Town Clerk
Cindy Katz, Deputy Town Clerk
+1-607-277-4788 | clerkoffice@danby.ny.gov
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MOTOR VEHICLE – Any device in, upon, or by which any person or property is or may
be transported or drawn that is propelled by any power other than muscular power,
except vehicles which run only upon rails or tracks, including (but not limited to)
trucks, buses, automobiles, vans, motorcycles, motor scooters, dune buggies,
snowmobiles, all-terrain vehicles, go-carts, minibikes, trail bikes, and all other types of
sound producing motorized objects used for recreation or transport.
REASONABLE PERSON STANDARD – A common law standard utilized legislatively
and judicially to tr y to objectively determine whether a person’s acts, explanations,
reasons, violations, and behaviors are reasonable and prudent under all attendant
circumstances and properly take into account the foreseeable creation of harm,
nuisances, or other violations of defined statutor y or legal standards of behavior or
conduct. Such term generally refers to a person of average caution, care and
consideration who generally acts in a just, fair, proper, moderate, and suitable manner
under all attendant circumstances. Such term also refers to all persons involved in
any event or transaction, including those that submit complaints, those accused of
violating some legal standard, and those called upon to adjudge such complaints or
violations.
SPECIAL EVENT PERMIT – A one-time special permit issued under this local law by
the Board of Zoning Appeals that allows or permits the regulated and temporary
generation and emission of noise that would otherwise or potentially be unreasonable
noise or Excessive Noise under this local law.
Section 3. Exemptions
The provisions of this local law shall not apply to the following events, activities, and
occurrences:
A.Reasonable and customary farming practices as recognized under Article 25-AA of the
Agriculture and Markets Law or the Town’s Right to Farm Law.
B.The operation of any mechanically powered saw, drill, grinder, lawn mower, lawn or
garden tool, chainsaw, leaf blower, snow blower, or similar machine or tool, when used
lawfully in relation to construction, demolition, mining, or maintenance activities
between the hours of 7 am and sunset. When a building, demolition, or town approval
or New York State mining permit is required for such activity, any conditions or
restrictions upon the face of such permit shall be obeyed, including limitations
relating to construction, demolition, or mining days or times.
C.Law enforcement activities, such as but not limited to police and fire fighting
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activities, as well as the lawful use or operation of emergency vehicles, the activities of
emergency personnel, and persons engaged in emergency activities.
D.Activities of municipalities, such as but not limited to those providing highway and
snow removal or management services and garbage and recycling services.
E.Activities of the armed forces or any federal, state, or local emergency administrative
personnel or equipment, and l awful emergencies declared under the New York State
Executive Law or by the County Sheriff, and activities related to the abatement of such
emergencies.
F.The lawful discharge of firearms and related hunting activities undertaken during or
in relation to applicable hunting seasons while hunting or in the lawful pursuit or
harvest of lawful game animals under New York State law.
G.Permitted fireworks displays.
H.The lawful use of Motor Vehicle horns and emergency signal devices, including but
not limited to the same as referenced in §§ 375(26), 381, 1146, 1104, and 1215 of the New
York State Vehicle and Traffic Law.
I.Funeral processions, wedding celebrations, school sponsored and related sporting
events, community holiday celebrations and parades, and related festivals, picnics,
races, walks and gatherings that have been issued any needed or required Special
Event Permit.
Section 4. Unreasonable Noise
Unreasonable noise is prohibited and shall be determined by the time, place, purpose, and
manner of such noise. In determining whether a noise is unreasonable or violates this local
law, Enforcement Officers may consider the following illustrative examples and factors:
A.The level or volume of the noise, and its frequency, recurrence, tone, and pitch.
B.The time of day or night the noise occurs, and its proximity to hospitals, schools, and
other sensitive receptors.
C.The duration of the noise, including whether the noise is recurrent, intermittent, or
constant.
D.Whether the making of the noise is reasonably necessar y for the protection or
preservation of property or of the health, safety and welfare of a person or persons.
E.Whether the noise is reasonably necessary, such as for temporary building or
construction operations, considering and taking into account other available times or
days for engaging in the activity or events giving rise to such noise.
F.Whether the noise is natural or man-made, whether the noise is usual or unusual, and
whether there is a proper and just purpose or reason for such noise.
G.Whether reasonable methods are available for deadening or muffling the noise,
including whether any of the same are in use, or were attempted to be placed into
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use.
H.The proximity of the noise to residential property or property customarily used by
persons for sleeping.
I.Whether the noise unreasonably disturbs the peace and quiet of any neighborhood or
unreasonably annoys, disturbs, injures, or endangers the comfort, repose, health,
peace, rest, or safety of any person of normal sensibilities and sensitivities, or
otherwise unreasonably interferes with a significant life activity.
J.Whether the noise damages any property or business.
K.The proximity and distance between the point or points where noise is generated or
emitted, and the receptor or person complaining of such noise.
L.The intensity and character of background or ambient noise.
M.Whether the noise is or constitutes Excessive Noise.
Section 5. Prohibited Acts
A.Unreasonable noise and Excessive Noise are prohibited in the Town of Danby, and it
shall be unlawful for any person to make, or cause to be made, any unreasonable loud
or disturbing noise which is of a character, intensity, or duration as to be detrimental
to peace, health, welfare, morals or good order of the Town of Danby. This prohibition
includes, but is not limited to, the improper or unlawful sounding of a bell or gong,
blowing of a horn or whistle, the holding of large events or parties, the playing of a
musical instrument, radio, record player, public address system, or any other
mechanical or electronic device or amplifier of any kind whatsoever upon any street,
body of water, or any other public place or private property such that the sound
therefrom is cast directly or indirectly upon or over such street, body of water, public
place, or can be heard by travelers thereon or persons in or upon nearby or
neighboring lands or buildings.
B.In the absence of a sound measurement device or decibel meter, the following acts
are declared to be prima facie evidence of a violation of this local law and are
prohibited:
1.The sounding of any signaling device, horn, whistle, or air horn on any vehicle
except as a danger warning or as otherwise authorized under law, such as (but not
limited to) the New York State Vehicle and Traffic Law.
2.The operation of any Motor Vehicle in a manner as to emit any unreasonable
noise, including but not limited to noises arising from a lack of proper mufflers,
from interior amplifiers or interior or exterior speakers, from the revving or
needless generation of engine horsepower (whether or not applied to the drive
train or the ground), or from the spinning or squealing of tires.
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3.The allowing of, or use or operation of, any radio, television, phonograph, tape or
other recorder, musical instrument or other apparatus, or machine or device for
the production, reproduction, or amplification of sound louder than the volume
necessary for convenient hearing by the person or persons voluntarily listening
thereto. It shall be presumed that the noise is unreasonable when:
i.The sound is audible beyond the property line of the premises where it is
being used between the hours of 10:00 p.m. and 8:00 a.m.; or when it is
ii.Audible at a distance greater than 75’ from such apparatus when operated
in a public place; or when it is
iii.Audible at a distance greater than 50’ from the premises upon which it is
being used between the hours of 8:00 a.m. and 10:00 p.m.; or when it is
iv.Audible at a distance greater than 50’ when such machine or device is
operated from a vehicle on a public street.
4.The conducting of a party, event, or gathering when the noise therefrom is audible
within any neighboring occupied building or at any distance greater than 75’ from
the property line of the location where the party, event, or gathering is occurring.
5.The harboring or keeping of a dog or other animal that engages in any habitual
loud howling, barking, or other noise, including as may be in violation of any dog
control rules or laws of the Town of Danby.
6.The operation of any engine or device, or the engaging in any behavior, that
constitutes Excessive Noise.
C.The listing of the acts and activities above is and shall be deemed illustrative, being
intended to guide the Enforcement Officer in the application of these regulations.
Such listing is not definitive or inclusive of all things, devices, and events as may
constitute unreasonable noise or Excessive Noise.
Section 6. Permits
The Town Board hereby delegates to the Board of Zoning Appeals (“BZA”) the authority to
review applications for, and to deny, approve with conditions, or approve Special Event
Permits. In determining whether to issue any permit, the BZA shall consider any relevant
factors including but not limited to the volume of the noise, the proximity of the noise to
sleeping facilities, the time of day or night the noise occurs, the time duration of the noise,
and the impact of the noise on persons living or working in different places or premises who
are affected by the noise. Each event or land use shall require a separate permit.
A.An application for a permit shall be filed with the Town Clerk no less than 21 days
before the anticipated need or event, and such application shall provide the following
information:
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1.The name, address, and contact information of and for the applicant and the
name of an adult person responsible for compliance with the permit (if issued), if
different from the applicant; which adult person shall also sign the application
and agree to be responsible for compliance with permit terms and conditions.
2.The reasons why a Special Events Permit is needed and a demonstration and
explanation of why applicant cannot otherwise comply with this local law.
3.Plans and specifications surrounding the event or land use, including site plan
layouts or specifications as to locations and any noise abatement and control
methods to be used.
4.Whether amplification of sound or voice is to be made, the methods by which
such amplification will be made (e.g., bullhorns, voice projection cones, amplifiers,
etc.), and the anticipated decibel level to be created by such amplification
methods.
5.Dates and times for the permit, including starting and ending times for the event
or source of noise emissions, which in no event shall exceed 16 hours cumulatively
or in any one day.
6.A specific statement of consent allowing any Enforcement Officer to inspect the
site, as well as enter the site before or during any such event, and anytime within
24 hours after the event has ended or activities undertaken in connection with the
permit have actually ceased.
7.Such other information as the BZA may require to adequately consider the permit
request, including upon forms as may hereafter be created for this local law and
approved by resolution of the Town Board of the Town of Danby, or as may be
specifically requested orally, in writing, or by or through the Enforcement Officer
or BZA respecting any application.
B.The BZA may in its sole discretion waive the 21-day application filing requirement
upon good cause shown for unique, special, or extenuating circumstances.
C.At the time of the filing of the permit application or applications, the applicant shall
pay the Town a nonrefundable fee as set from time-to-time by Town Board resolution.
D.A public hearing before the BZA 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 BZA may impose any
conditions deemed desirable or necessary to minimize the intrusion of noise or sound
that might occur by the exercise of the privileges granted by the permit.
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E.Permits shall only apply to this local law and shall not alter the provisions or
requirements of the New York State law respecting noise, nuisances, and disorderly
conduct, including but not limited to Penal Law § 240.20, Subdivision 2.
F.Permits are not assignable or transferable.
G.Special Events Permits may be suspended or revoked with or without notice whenever
the Enforcement Officer determines that there is a violation of the permit or any
conditions under which the permit was issued, or if any information submitted in
connection with the permit application or review thereof was incorrect, inaccurate,
misleading, or incomplete.
Section 7. Owner and Lessee Liability
The owners of land upon which any Excessive Noise or unreasonably noise originates, and
the owners of land upon which any Special Event Permit violation or non-compliance arises,
are responsible for the violations of this local law by any tenants, guests, invitees, or
occupants at such site. It shall be a defense for any owner to allege and prove that the person
who permitted, made, created, caused, transmitted, amplified, processed, or produced any
unreasonable noise or Excessive Noise was a trespasser or unlawful user of the property.
Section 8. Administration and Enforcement
A.This local law shall be enforced by an Enforcement Officer, and Excessive Noise
determinations shall be made by Enforcement Officers who may reasonably rely upon
such evidence and obser vations as they find definitive, persuasive, or relevant. The
distances listed in this local law recognize that noise diminishes with distance, but
that if a noise is plainly audible beyond such listed distances, such is some evidence
of a violation of this local law. When objective measurements of the decibel levels of
the noise are made by a decibel meter at the distances herein referenced, such is also
evidence of a violation of this local law.
B.Enforcement Officers may make and perform inspections of (i) each and every
property or premises where any Excessive Noise is generated or transmitted, and (ii)
any property, premises, or operations that is the subject of any existing or proposed
Special Event Permit. Enforcement Officers are hereby empowered to allege violations
of and enforce this local law, including by the filing of charges, criminal appearance
tickets, and accusatory instruments.
C.Any Enforcement Officer may use any commercial decibel meter that measures A-
weighted noise, and it shall be presumed that the readings from such a meter are
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accurate. Any person may challenge the accuracy or reliability of such meter,
including by proving it is improperly calibrated, or that the Enforcement Officer did
not consider or take into account the underlying ambient noise when determining
whether there was unreasonable notice or Excessive Noise created or occurring at any
specific location. Enforcement Officers may rely upon periodic ambient noise
measurements taken at nearby and similar locations from time-to-time, whenever
their observations confirm similar characteristics of local uses and ambient noise. To
assist in such evaluations, the published ambient noise levels of differing types of
events and environments as published by the Noise Protection Clearinghouse, the
federal Environmental Protection Agency, and the federal department of Housing and
Urban Development (including its noise forms and standards at 24 CFR Part 51,
Subpart B) may be relied upon when making any determinations as to unreasonable
noise or Excessive Noise. The HUD noise workbook and related CEST and WISER
worksheets and systems may also be used by the Enforcement Officer and BZA to
evaluate any event, noise, or permit applications.
D.Any Person who shall fail to comply with the requirements of this local law, or who
shall violate or fail to comply with the terms and conditions of any Special Events
Permit, shall be and be deemed in violation of this local law. Such violation shall be
prosecuted criminally as a violation. Any person found guilty of any such violation of
or non-compliance with this local law or any permit issued hereunder shall be subject
to a fine of not less than $150 and not more than $750. Each day that any such
violation or non-compliance continues is a separate offense and may be charged and
fined as such.
E.All rights and remedies of the Town of Danby under this local law are cumulative, and
the exercise of any one right or remedy, including enforcement, shall not effect a
waiver of any other rights or remedies, or act as an election of remedies. All rights and
remedies may be pursued simultaneously or sequentially with any other claim, right,
or remedy, and the Town of Danby may commence and maintain civil actions to
compel compliance with, or restrain by injunction, the violation of, or any non-
compliance with, this local law, any provision or requirement herein, or the terms and
conditions of any Special Event Permit. Any violation of this local law may also be
deemed and declared a public nuisance and enjoined as such.
F.A transfer of title or interests in any premises or property by any owner, licensee, or
lessee shall be no defense to any proceeding under this local law. No assignment or
delegation of any obligations imposed by this local law shall be a defense to any
proceeding under this local law, including allegations and proceedings respecting
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criminal enforcement and violations of this local law or any permits issued hereunder.
G.No provision of this local law shall be construed to supersede or impair any common
law, equitable, or statutor y right or remedy of any person impacted by unreasonable
noise or Excessive Noise.
Section 9. Article 78
Any person aggrieved by the application of this local law or the denial or conditions of any
permit may, upon exhaustion of all administrative options and remedies, apply to the
Supreme Court for a review under Article 78 of the New York Civil Practice Laws and Rules.
For purposes of said Article 78, the determinations of the BZA respecting the granting or
denial of any permit shall be deemed “final determinations,” as shall any determination by
an Enforcement Officer to suspend or terminate any permit.
Section 10. Limitations
Special Events Permits are and shall not be deemed to create a property right in or to any
event or land use, and the Town of Danby shall not be liable or responsible in damages for
any permit issuance, denial, suspension, or revocation, nor for any injuries to persons or
damages to property due to the issuance or non-issuance of any permit. Such limitations
include, but are not limited to, any and all claims that any injur y, damage, loss, or liability was
caused or contributed to in whole or in part by the issuance or non-issuance of any permit,
the alleged or actual failure to impose or not impose any permit conditions, or the alleged or
actual failure to verify or monitor compliance or non-compliance with this local law or any
permit issued hereunder.
Section 11. Severance
If any clause, sentence, paragraph, or section of this local law shall be adjudged by any court
or tribunal of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section, or article thereof directly involved in the controversy in which
such judgment shall have been rendered, and the balance of this local law shall sur vive such
invalidity or unenforceability.
Section 12. Effective Date
This local law shall take effect immediately.
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