HomeMy WebLinkAboutNoise Ordinance TOWN OF DANDY
PROPOSED NOISE ORDINANCE
ARTICLE 1, General Provisions
Section 1.1. Title
This Ordinance shall be known and may be cited to 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 of 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 dat.
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--These areas in the Town of Danby defined in the Town of Danby Zoning
Ordinance as Low Density, Medium Density and High Density Residential Zones.
2 Town of Danby
Proposed Noise Ordinance
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 of 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 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
3 Town of Danby
Proposed Noise Ordinance
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
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 SS 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 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)
4 Town of Danby
Proposed Noise Ordinance
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.
Section 3.7 Horns and alarms.
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 than 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.
5 To of Danby
Proposed Noise Ordinance
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, in the case of an appeal, the Town
board may reasonable 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 (five dollars) 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
granted by the permit.
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 450.00 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.
6 Town of Danby
Proposed Noise Ordinance
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 $250.00 (Two Hundred Fifty
Dollars) 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(Five hundred dollars) or imprisonment not to exceed 30 (thirty) 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.
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14.16.4 (1T95)—Text 12
[PROJECT I.D. NUMBER 617.20 SEQR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1.TOW VI of P-D4 14 to/4 TaW N )504 ✓(JL- 2. PROJECT NAME
3. PROJECT LOCATION-J/:�•� l
Municipality Q Lt V✓l County TdIA4,f f AA4 5
4. PRECISE LOCATION (S reel address and road Intersections, prominent landmarks, etc., or provide map)
Tow wi
5. IS PROPOSED ACTION:
New ❑Expansion ❑Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
5vitteAtTin of"TawlA 0+ 1)AH}79 ►Vail"e or4 mQ el e,
7. AMOUNT OF LAND AFFECTED: a 1--,
Initially acres Ultimately +/
� _ acres (-rowo w l/_G..'
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
Yes ❑No If No, describe briefly
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
Residential 'Industrial Commercial J j Agriculture ,Park/Forest/Opon space ❑Other
escribe: (all tsI n i �S� ! "rCrWlA 04)
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL,
STATE OR LOCAL)?
❑Yes No M yes, list agency(s) and permit/approvals
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
❑Yes 1No If yes, Ilst agency name and permit/approval
12. AS A RESULT OF PROPOSED/ACTION WILL EXISTING PERMITIAPPROVAL REOUIRE MODIFICATION?
[..]Yes El No N •`-� •
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE ISST TRUE'TO THE BEST OF MY KNOWLEDGE 1�'f�
Applicant/sponsor name:
Tow to O� Dawbvi Tow>1 " ' "1 Date: 11/ / " "
Signature:
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
PART II—ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? II yes, coordinate the review process and use the FULL EAF.
❑Yes jg1 No
B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No,a negative declaration
may be superseded by another involved agency.
❑Yes gNo
C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten, it legible)
C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal,
potential for erosion, drainage or flooding problems? Explain bnelly:
5 LC a+}r -
C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:
C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly:
I I
C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly. •
%‘ 1/
C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly.
C6. Long term,short term, cumulative, or olner effects not identified in C1•C5? Explain briefly.
C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly.
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
❑Yes 'No
E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
❑Yes ,,No If Yes, explain briefly
PART III—DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d)
irreversibility; (e) geographic scope; and (1) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If
question 0 of Part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action
on the environmental characteristics of the CEA.
❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
•
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Print or Type Name ol Responsible Oil cer in Lead Agency Title ol Responsible Oiticer
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Signature of Responsible()nicer in Lead Agency Signature of Preparer(li different from responsible officer)
1'f)lcro
Date
2
SEAR-PART II/III ATTACI MENT-TOWN OF DANBY NOISE ORDINANCE
PART II-ENVIRONMENTAL ASSESSMENT
(refer to Short Environmental Assessment Form)
Cl. No significant adverse impacts are expected with respect to these factors. The Ordinance
would have no effect on physical environmental resources. There would be a beneficial impact
related to the Town's ability to more effectively control excessive noise levels(refer to Section
1.2, "Purpose" in the Ordinance.)
C2. As in Cl above, no significant adverse impacts are expected. Insofar as noise might be
related to community or neighborhood character,a beneficial impact is expected related to noise
control.
C3. As in Cl and C2 above.
C4. The Ordinance appears to be consistent with the 1989 Comprehensive Plan,which
includes as its purpose to ensure orderly growth that will not unduly and unreasonably disrupt
neighborhoods. This is reiterated in part of the Planning Board's Vision Statement adopted by
that board on April 19,2000.
C5. Not expected, as generally in C 1 through C4 above.
C6. No significant adverse impacts are expected with respect to these factors. It is assumed
that the Ordinance will help law enforcement agencies in handling noise complaints,and that, if
there is an increase in responding to such complaints,that those agencies will be able to
accommodate such.
C7. Not expected, as generally in C 1 through C6 above.
D. No. There are no Critical Environmental Areas officially so designated in the Town.
E. No controversy related to potential adverse environmental impacts is known or expected
at this time.
PART III-DETERMINATION OF SIGNIFICANCE
A negative determination of environmental significance is recommended for this action. The
Ordinance would not have a significant adverse impact on physical features,would have a
beneficial impact on neighborhoods and neighborhood character, and appears consistent with the
1989 Comprehensive Plan.
Town of Danby Town Board, Lead Agency
Edward Inman, Town Supervisor
Susan C. Beeners, Code Enforcement Officer, reviewer, for Town Board.
f SEP.11.2880 4: 1 2PM BARNEY GROSSMAN DUBOW & MARCUS NO. 184 P.2
i a
RESOLUTION ADOPTING A NOISE ORDINANCE FOR THE TOWN OF DANBY
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Danby for a
public hearing to be held by said Town on September 11, 2000 to hear all interested parties on a
proposed Ordinance "TOWN OF DANBY NOISE ORDINANCE"; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and
WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the
Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or
in opposition to said proposed ordinance, or any part thereof; and
WHEREAS,pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of
the New York State Conservation Law (the State Environmental Quality Review Act known as
"SEQR") a short form Environmental Assessment Form was prepared by the Code Enforcement
Officer of the Town and reviewed by this Town Board; and
WHEREAS,the Town Board is ofthe belief that there is no significant adverse environmental
effects associated with the adoption of such ordinance; and
WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens to
adopt the ordiance for all of the reasons set forth in Section 1.2 thereof,
NOW, THEREFORE, be it
RESOLVED, that this Board determines, for the reasons stated in the short form
environmental assessment form, that the adoption of the proposed ordinance entitled ,
"TOWN OF DANBY NOISE ORDINANCE"will have no significant adverse environmental
impacts and as a result no environmental impact statement is required; and it is further
RESOLVED, that the Town Board of the Town of Danby hereby adopts said ordinance
entitled"TOWN OF DANBYNOISE ORDNANCE",a copy ofwhich is attached hereto and
made a part of this resolution; and it is further
RESOLVED, that, pursuant to Section 133 of the Town Law, the Town Clerk is directed to
(a) Enter such ordinance into the minutes of the Town Board;
(b) Publish such ordinance or a summary thereof in the official newspaper of the
Town and file the affidavit of such publication in the Town Clerk's Office; and
(c) Enter a copy of such amendatory ordinance into the Town's "Ordinance Book"
maintained by the Town Clerk pursuant to Town Law Section 30(1); and it is further
RESOLVED,that such ordinance take effect ten days after such publication, except that such
_ SEP.11.2000 4: 13PM BARNEY GROSSMAN DUBOW & MARCUS NO. 184 P.3
.4.
'1
ordinance may take effect at any earlier time after its adoption as against any person served
personally with a copy of some in accordance with Town Law Section 133.
DA, FT
� Noise/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 of Danby defined in the Town of Danby Zoning
Ordinance as Low Dens -Density Residential Zones.
Noise Ordinance/Danby/Sandi/August 15,2000:1:59 PM T? ,m
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 intentional) ' 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 oImembers 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
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Noise Ordinance+Danb}/Sand}/9ugust 15,2000;1:59 PM R-
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
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Noise Ordinance/Danby/Sandy August 15,2000;1:59 PM
Section 3.7. Horns and alarms. DR.DR/! FT
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.
f) 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 Ordinance/Danby/Sand}/August 15,2000;1:59 PAS
granted by the permit. DRiFT AF
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
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Article,VlI, Special Regulatio4s,Section 701 of Danby Zoning Ordinance—
Limitations of Uses within 200 Feet.of a Residence Zone. ..
,
\t , Dandy Local'Law"'#1.of 1984..— Dog Control Law
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ARTICLE I, General Provisions �y J,,�,,4,Y ( 11 w., „.?;,_
§ 240-1. Title.
�� " %.Y- D " 7
This chapter shall be known and may be cited as the "Town of Danby 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 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. beyond 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 ized emergency alarmsn 5 rp t tat `'.,1
dPSione r' I
§ 240-4. Unreasonable noise prohibited. a �°� � ��O�etk- K1 °T'
((ho�5� cap(' �luvwrS ���
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.
& 240-6. Radios. Televisions. Vehicle snood systems and similar sound-amolifving
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. /46;2,7
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
7 respect to such event.
§ 240 8. Dog Barking:
• . . _.: : .: -
W
Ql § 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-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: .n `',1 �,�
(1) Work of an emergency nature. "i .. ?
(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.
I
§ 240-1\1, 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 as 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)
12' rr
§ 240-1S, Horns and alarms. C�
This chapter shall not apply to fire horns or other alarms authorized by the Fire Department or a Police
Department agency and operated in accord with that authorization.
ARTICLE III, Other Provisions
§ 240-I4. Authorization for Permit.
Where the enforcement of this Ordinance would create an unnecessary hardship, the Board
Supervisor or Deputy Supervisor in their discretion are. 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'ieighbors to a peaceable and quiet environment.
arm
An application for such a permit shall be filed with thown6erk 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 sigp\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. 1 -z,
• h) Such other information as the Town Clerk and/or Town Board may reasonably require to adequately D ,
consider the permit request. Do r,,,,�c .�'v.,r.,,ti� 1
Okt•JV
A public hearing before the Town Board shall be held in connection with the applicatio4no 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. '�j
§ 240-15. Penalties for offenses. - v
Any person who shall violate any provision of this chapter shall be punishable as follows:
qN
I 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.
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Town of Danby Noise Ordinan e
GENERAL REFERENCES
Article VII, Special Regulations Section 701 of Danby Zoning Ordinance —
Limitations of Uses within 200 Feet of a Residence Zone.
Danby Local Law #1 of 1984 —Dog Control Law
ARTICLE I, General Provisions
§ 240-1. Title.
This chapter shall be known and may be cited as the "Town of Danby 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 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, beyond 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.
D., [ ems
t. U
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.
7
§ 240-6. 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, 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 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 III of this chapter with
respect to such event.
§ 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.
Dr.V\ rf:m
§ 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. The Danby Town Supervisor, a designee of the Town
Supervisor or any law enforcement official with jurisdiction within 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 as 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, sirens or other alarms authorized by the Fire Department or a law
enforcement agency and operated in accord with that authorization.
ARTICLE 111, Other Provisions
§ 240-14. Authorization for Permit.
Where the enforcement of this Ordinance would create an unnecessary hardship,the Town Supervisor or
Deputy Supervisor in their discretion are 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 intrusion 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.
SEP. 11.2000 4: 12PM BARNEY GROSSMAN DUBOW & MARCUS NO. 184 P.2
i
RESOLUTION ADOPTING A NOISE ORDINANCE FOR THE TOWN OF DANBY
WHEREAS, a resolution was duly adopted by the Town Board of the Town of Danby for a
public hearing to be held by said Town on September 11, 2000 to hear all interested parties on a
proposed Ordinance "TOWN OF DANBY NOISE ORDINANCE"; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca Journal; and
WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the
Town of Danby and all parties in attendance were permitted an opportunity to speak on behalf of or
in opposition to said proposed ordinance, or any part thereof, and
WHEREAS,pursuant to Part 617 of the Implementing Regulations pertaining to Article 8 of
the New York State Conservation Law (the State Environmental Quality Review Act known as
"SEQR") a short form Environmental Assessment Form was prepared by the Code Enforcement
Officer of the Town and reviewed by this Town Board; and
WHEREAS,the Town Board is ofthe belief that there is no significant adverse environmental
effects associated with the adoption of such ordinance; and
WHEREAS, the Town Board finds it is in the best interests of the Town and its citizens to
adopt the ordiance for all of the reasons set forth in Section 1.2 thereof,
NOW, THEREFORE, be it
RESOLVED, that this Board determines, for the reasons stated in the short form
environmental assessment form, that the adoption of the proposed ordinance entitled ,
"TOWN OF DANBY NOISE ORDINANCE"will have no significant adverse environmental
impacts and as a result no environmental impact statement is required; and it is further
RESOLVED, that the Town Board of the Town of Danby hereby adopts said ordinance
entitled"TOWN OF DANBY NOISE ORDINANCE",a copy ofwhich is attached hereto and
made a part of this resolution; and it is further
RESOLVED,that, pursuant to Section 133 of the Town Law,the Town Clerk is directed to
(a) Enter such ordinance into the minutes Of the Town Board;
(b) Publish such ordinance or a summary thereof in the official newspaper of the
Town and file the affidavit of such publication in the Town Clerk's Office; and
(c) Enter a copy of such amendatory ordinance into the Town's "Ordinance Book"
maintained by the Town Clerk pursuant to Town Law Section 30(1); and it is further
RESOLVED,that such ordinance take effect ten days after such publication,except that such
SEP.11.2000 4:13PM BARNEY GROSSMAN DUBOW & MARCUS NO. 184 P.3
I
ordinance may take effect at any earlier time after its adoption as against any person served
personally with a copy of some in accordance with Town Law Section 133,
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ORDINANCE REGULATING NOISEr
IN THE TOWN OF ITHACA
-- 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
•
9-20-00: i ; 3;c.yt:TC�ti'rt :J= t?-,c C.t. 60'" 273 52Ea 2;
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 "d8/ (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.
s... "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
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3 E
ARTICLE II
SPECIAL NOISE SOURCES
Section 1. ;Radios , televisKon sets . and similar devices or
amolifyijq sound.
A.
It shall be unlawful for anv 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)
dE (A) daytime.
Section 2. Construction of buildings and arojects.
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 cr 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
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607 273 SJS >< d: -_
r
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
5-26-CC: 11 :3+ GM"JWN CF T!-4 G,•.J.- 607 273 53c4 _ 5
l _
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.
H. 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 parson 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, cr 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 prbscribed sounds emanated from
same.
ADOPTED: AUGUST 7, 1989
5
Town of Danby Noise Ordinance
ARTICLE I General Provisions.
(6\ 6D
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 OrdinoncelDanby/Sandy/August 7,2000;1:13 PM
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 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.
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 Ordinance/Danby/Sandy/August 7,2000;1:13 PM
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 OrdinancelDanby/Sandy/August 7,2000;1:13 PM
Section 3.7. Horns and alarms.
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 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, 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.
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.
Such application shall be accompanied by a fee to cover the cost of processing and advertising the
public hearing and related proceedings. 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 after the filing of a complete application, a public hearing before the Town B oard 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
4
Noise Ordinance/Danby/Sandy/August 7,2000;1:13 PM
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 bythis 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.
ARTICLE 6, Miscellaneous Provisions.
Section 6.1. Partial Invalidity.
If any portion of this Ordinance is found invalid or unconstitutional by a court of competent
jurisdiction, such finding shall not affect the validity of any other portions of this Ordinance which
shall remain in full force and effect.
Section 6.2. Effective Date.
This Ordinance shall take effect upon publication of same, or an abstract of same, in the Town's
Official Newspaper.
5
DRAFT
\)\,,(51)
/Town of Danby Noise Ordinance 0
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
NoiseOrdinonceDanby/Sandy/August 15,2000;1:59 PM im
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,
-V-health or safety Smembers 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
Norse Ordinance,Darby/Sand1L4ugusr15,?000;1:59PM ; �a
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/Sand. :9ugust 15.2000;1:59 PM
'A F
Section 3.7. Horns and alarms. '`
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.
f) 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 theme
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/Sond1/August15,2000,1:59P1i
granted by the permit. DRAFT
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 bg �€�al 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
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 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, includi.ng'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.
sew Sec,. Z , re-, v1,64 s bark/.iA.g
b
C65 T 1 tT1 or I
t
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.
S
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.
f' d
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. ,
110 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 ,
110 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
7:rmc-/-r-- x--Lti-bas
Town Cler