HomeMy WebLinkAboutLL 06 of 2019 Delete and Replace Chapter 184 Noise�e t��� I 0.. '�„d�` P'�U, W'�A7' 6��'�.I'k
� �..� � N4 I'S�. � � � �F ?q� k � �
�)¢�� ��'rr�m�+r pzr. R ��� � ��
�� �k �w'',�� �, H A u ru t:�y � r:� r�� � wr ��- �v ¢ x��
d��.,c,t�er"o f��' i,s�,�1 i@r➢��
'4'YJ'u^!W . [:7f�.Y��, 7+r T , 4 v4?!J
■I le,
� , r
�
,' � .�'�, �w ...
� � �
■i � I.- I—
. � �':� .,. �
P��^�i���a��r, ��k. �:�ra�p����
��,., v �: W;;��,,,a nr
�a �� t> s n� rM 6� ���r � n�'a t�i
�;R�,,ri,�,-�y, <,r�re,�
r ii
�� � N . �� . • , ,.... .« � �� .:e 4 �... � � * ' „;.....� � ,, .. .�i . .•
,!� �.` � s� '� w ;
.+�♦ ,M ',� i • • -� +��� , �,
ar �. s • � - �w � � - * ,� � „ �, r • � �r
.�
_,�" ���""r"��tF�
���nx� ta€
d",_ ,. C76�("q;tlkdflJ{+d14'�"f.
�� �
� '� � r � �
: � � "'
�. � ����„ ��r� �� � ' � '
����rt���r��
�� �����
New Yor{c State Department of State
Divisian of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washingtan Avenue
Local Law Filing Albany, NY 12231-0001
www.dos.state.ny. us/corps
(Use this form to file a lacal law with the Secretary of State.)
Text of law shauld be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑Caunty ❑City �Town ❑Village
(Setect one:)
of Ithaca
Lacal Law Rlo. 6
of the year 20 � 9
A(acal law DELETING CHAPTER 184, NOISE, AND ADDING A NEW CHAPTER 184,
(tnsert TiUe)
NQISE, TC? THE TOWN OF ITHACA C(aDE
Be it enacted by the Town Board
❑County
(Setect one:)
of Ithaca
See attached.
(Name ot Legislative Body)
of the
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS-d239-f-1 (Rev. 06l12} Page 2 of 4
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative bady only.)
I hereby certify that the local law annexed hereto, designated as local law No. � of 20�g of
the (County){City own Village) of �thaca was duly passed by the
Town Baard on JULY 8 2p � g , in accardance with the applicable
(IVame of Legislative Body)
pravisians of law.
2. (Passage by local legislative bady with approval, no disapproval ar repassage after disapproval by the Elective
Chief Executive Officer*.}
I hereby certify that the local law annexed hereto, designated as lacal law Na. of 2Q of
the (Caunty)(City){Town){Village} of was duly passed by the
on 20 , and was (approved}(not approved}
(Name af Legislafive Body)
(repassed after disapproval) by the and was deemed duly adopted
(Etective Chief Execufive Officer"j
on 20m, in accordance w ith the applicable pravisions of law.
3. (Final adoption by referendum.}
I hereby certify that the local law annexed hereto, designated as local law Na.
the (County){City){Town){village} of
on
(Name of Legislative Body)
(repassed after disapproval) by the
(Efective Chief Executive O�cer*}
. � .
was duly passed by the
2p , and was (appraved}(not approved)
• i
Such local law was submitted to the people by reason of a{mandatary}(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the {general}(special}(annual) election held on
20 , in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because na valid petitian was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as lacal law Na. of 20 of
the (County){City}{Town)(Village} af
on
(tVame of Legislative Body)
was duly passed by the
20 , and was (approved}(not approved)
(repassed after disapproval) by the on 20 . Such local
(Elecfive Ghief Executive O�cer")
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
"' Elective Chief Executive Officer means or includes the chief executive officer af a county elected on a county-wide basis or, if there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veta local laws or ordinances.
DOS-0239-f-1 (Rev. 06/12) Page 3 of 4
5. (Ci#y lacal law concerning Charter revision propased by petition.)
I hereby certify that the local law annexed hereta, designated as local law Na. of 20 of
the City of having been submitted to referendum pursuant to the pravisions of section (36){37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general} electian held on 20 , became operative.
6. (Count}r lacal law concerning adoption of Charter.}
1 hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the Caunty af State af New Yark, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vate of a majority af the qualified electars of the cities of said county as a unit and a majority of the
qualified electors of the towns of said caunty considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certificatian.)
I further certify that 1 have compared the preceding lacal law with the ariginal o file in this office and that the same is a
correct transcript therefrom and of the whole af such original lacal law, and a fi I adopte ' the manner indicated in
paragraph � , above.
, Clerk f the county legislative body, Cit Town r Village Clerk or
�
_„ officer designated by cal egislative body
,fSeal�. � � Date: �
�- � _ -�. �-
; ::'
DOS-0239-f-I (Rev. 06t12} Page 4 of 4
TOWN OF ITI3ACA
LOCAL LAW NO. 6 OF THE YEAR 2019
A L4CAL LAW DELETING CHAPTER 184, NOISE, AND AllDING
A NEW CI3APTER 184, NOISE, TO TFIE TOWN QF ITHACA CODE
Be it enacted by the Tawn Board of the Town of Ithaca as follows:
Section 1. Chapter 184 {Noise) of the Town of Ithaca Code is deleted in its entirety
and replaced by a new Chapter 184 reading as follaws:
"ARTICLE I
General Provisians
§ 184-1. Title.
This chapter shali be known and may be cited as the "Town of Ithaca Noise
Ordinance" whether adopted as an ordinance or local law. Hereinafter, this
law is sometimes referred to as "this chapter."
§ 184-2. Applicability.
This chapter shall apply to all areas of the Town outside the Village af
Cayuga Heights.
§ 184-3. Purpase.
The purpose of this chapter is to preserve the public health, peace, comfort,
repose, weifare, safety and good order by suppressing the making,
creation, or maintenance of excessive, unnecessary, unnatural or unusualiy
loud noises which are prolonged, unusual or unnatural in their time, place,
and use ar which are detrimental ta the environment.
§ 1$4-4. De�nitians.
Unless the context otherwise cleariy indicates, the words and phrases used
in this chapter are defined as follows:
ADULT PERSON — A person who is at least 16 years old.
DAYTLME HOURS — The hours beginning at 7:00 a.m. lacal time on any
day and ending at 9:00 p.m. local time.
EMERGENCY WORK — Wark made necessary to restore property to a
safe condition fallowing a public calamity or work necessary to protect
persons ar property from an unminent 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.
Adopted July 8, 2019 pg. 1
MOTtJR VEHICLES — Inciudes, but is nat limited to, automobiles,
trucks, buses, mapeds, 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.
NIGHTTIME HOURS — The hours beginning at 9:01 p.m. local time on
any day and ending at 6:59 a.m. local time on the following day.
PERS4N — Includes the singular and plurai and also any individual, any
property owner and/or lessee, any firm, corporation, political subdivision,
government agency, association or organizatian, including but not limited
to officers, directors, employees, agents andlor independent contractors
thereof, ar any legal entity whatsoever.
RESIDENTIAL ZONE — A Canservation, Agricuitural, Lakefront
Residentiai, Law-Density Residential, Medium-Density Residentiai, High-
Density Residential, Mobile Home Park, ar Multiple Residence Zone, as
defined Chapter 270, Zoning. "Residential Zane" aiso includes any special
land use district or planned development zone in Chapter 271, Zoning:
Special Land Use Districts, wherein the predominant land use is
residentiai. Shauid such chapters be amended or replaced and by so doing
adds additianal zones or differentiy denominated zones, "residence zones"
shall mean thase zones determined under sueh laws ar any successor
statutes wherein the predaminant intended land use is residential.
SOUND-AMPLIFYING EQUIPMENT — Any rnachine or device far the
amplification of the human voice, instrumentai music, or any other sound.
Sound-amplifying equipment shall not include standard automabile sound
systems when used and heard oniy by the accupants of the matar vehicle in
which such automobile sound system is installed. As used in this chapter,
sound-amplifying equipment shall not include warning devices on
authorized emergency vehicles or horns or ather warning devices on any
vehicle used anly for traffic safety purpases, or authorized fire horns or
ather authorized emergency alarms.
TOWN — Ali of the Town af Ithaca exclusive of the portion of the Town
within the incorporated Village of Cayuga Heights.
UNREASONABLE NOISE — Any excessive or unusually loud sound
which either annoys, disturbs, injures or endangers the comfort, repose,
health, peace ar safety of a reasonable person of normal sensitivities, or
which causes injury ta animai life or damages ta property or business.
§ 184-5. General prohibition an unreasonable noise.
A. No person shall ma.l�e, continue, cause or permit to be made any
unreasonable noise.
B. Factors to be considered in determining whether unreasanable
noise exists in a given situation include, but are not limited ta, any
or ali af the following:
{ 1) The intensity of the noise.
Adopted July 8, 2Q19 pg. 2
{2) The duratian of the noise.
{3) The intensity of the background noise, if any.
(4) The zoning district within which the noise emanates and all
zoning districts that lie within 500 feet of the source of the
sound.
{5) The time of the day or night the noiseoccurs.
(5) The proximity of the noise to sleeping facilities.
{7) Whether the noise is cantinuous or impulsive.
(8) The existence of complaints concerning the noise fram one or
more persons who are affected by the noise.
{9) Whether the nature of the noise is usual ar unusual.
{10) �Nhether the noise is due to a natural or a human-madeactivity.
ARTICLE II
Unlawful Noise Sources
§ 184-b. Purpose of Article II.
The acts set farth in this Article II are declared to be prima facie evidence
of a violation of this chapter and are prohibited, but said listing of acts shall
not be deemed to be exciusive.
§ 184-7. Radios, televisian sets and ather sound-producing
or -amplifying devices.
A. It shall be uniawful for any person within any Residential Zone, or
within 500 feet of a Residential Zone, to use or to aperate any radio or
receiving set, musical instrument (including drums), sterea, television,
any other machine ar device for the praducing or reproducing af saund
or any other saund-amplifying equipment in such a manner as ta eause
unreasonable noise within a building, or outside a building at a distance
of �.5 feet or more fram the saurce of such sound.
B. For the purposes of this section:
(1) For an offense that occurs on any public property where permission
was obtained to use that public property, a"person" shall include
the person ar persons who obtained perrnission to utilize that
property for that event.
{Z) For an offense that occurs on private property, a"person" shall
include any adult person or persons who live in or an the praperty
that is invalved in the offense.
(3) For an affense that accurs after granting of a permit pursuant to
Adopted July $, 2019 pg. 3
Article III af this chapter, a"person" shall include the person or
persans wha are listed on the permit.
§ 184-8. Construction and ather machinery.
A. Except as specified in Subsectian B hereunder, during the nighttime hours as
defined in Article I, § 184-4 herein, it sha11 be unlawful for any person within
a Residential Zone, or within 500 feet of a Residential Zone, to operate
canstruction equipment (including but not limited to any pile driver, excavator,
pneumatic hammer, derrick or steam or electric hoist) ar perform any outside
construction or repair wark so as ta create noise.
B. This section shaii not be deemed to prahibit:
(1) Work of an emergency nature.
(2) Wark of a damestic nature on buildings, structures or projects being
undertaken by a person{s} residing in such premises; provided that, if any
domestic pawer tool, including but not limited to mechanically powered
saws, sanders, grinders and lawn and garden tools used outdoors, is
aperated during the nighttime hours, no persan sha11 operate such
machinery sa as to cause unreasanable naise within a residential building
or across a residential real property boundary, or outside of a building at
a distance of 25 feet or more from the source of the sound.
C. The provisians of this section shall not apply to lawful farm operations
on lands the principai use of which is as a farm and which are located
within a county agricultural district created under the provisions of
Article 25-AA of the New York State Agriculture and Markets Law.
D. Garbage coilectian vehicles and recycling vehicles may nat be aperated
far pickup an any day before 6:00 a.m. local time.
§ lSh-9. Parties, events ar gatherings.
A. It shall be unlawful for any persan in charge of a parry, event or
gathering that occurs on any private or public praperty to allow that
party, event or gathering to produce unreasanable naise within any
building, or outside of a building at a distance of 25 feet or more from
the source of such sound. It shail alsa be unlawful for any participant in
that parry, event or gathering to contribute to such unreasanable noise.
B. Far the purpases af this section, a"person in charge af a party or ather
event or gathering":
(1) That occurs on any pubiic property shall include the person or
persans who obtained permission to utilize that property for that
party, event or gathering.
Adopted July 8, 2019 pg. 4
(2} That occurs an private property shaii include the person who awns
the premises invalved and any adult person who lives in ar on the
premises invaived in such party, event ar gathering.
(3} Shaii include the person wha is �isted on a permit granted pursuant
to Articie III af this chapter with respect ta such party, event ar
gathering.
§ 184-10. Dags.
Any persan wha owns, harbors, ar is the custodian of a dag in the Town
of Ithaca is subject to the noise and other requirements in Chapter 112 of
the Town of Ithaca Code, titled "Animals," and upon vialation thereaf shall
be subject ta the penaities set forth in that chapter.
ARTICLE III
Permits
§ 184-11. Authorization far permit.
The Tawn Board, in its discretion, is authorized to grant a permit for a
specific waiver from the requirements of this chapter. Such waivers may
be granted in thase circumstances where the appiicant demonstrates that
on balance the need far and benefits of the waiver outweigh the needs and
rights of the surraunding neighbors ta a peaceabie and quiet environment.
In determining whether to grant a permit, the Town Board shall consider
factors including but not limited to the volume of the noise, the praximity of
the noise to sleeping facilities, the time of day ar night the noise occurs, the
time duratian af the noise, and the impact of the naise on persans living or
warking in different places ar premises wha are affected by the noise
§ 184-12. Permit procedure; fee.
A. An application far such a permit shali be filed with the Town Cierk na
less than 21 days before the anticipated need and shall provide the
foilawing infarmatian:
(1 } The name of the applicant.
(2) The adult person responsible far compliance with the permit, if
different from the applicant, which adult persan shali also sign the
application and agree ta be respansible far compliance with the
permit terms and any conditians attached to the permit.
(3} The reasans for such usage.
(4} Pians and specificatians of the use.
(S) Noise abatement and control methads to be used.
Adopted July S, 2019 pg. 5
(6) Time schedule.
(7} Demonstration why the appiicant cannot conform ta this chapter.
(8) Such other information as the Town Clerk andlor Town Board may
reasonab�y require to adequately consider the permit reguest.
B. The Town Baard may in its sole discretion waive the appiication filing
requirement af 21 days upon good cause shown or for other unique,
special or extenuating circumstances.
C. At the time of the filing af the perrnit appiicatian or applications, the
applicant shaii pay the Town a nonrefundable fee as set fram time to
time by Tawn Board resolutian.
D. Applications may be submitted simuitaneousiy by a singie entity,
representative or agent thereof for events occurring at a single address
within a consecutive six-manth period. Events of a similar scope and
size may be iisted on one application. Ail appiications shali be reviewed,
and determinatians shall be rendered on each appiication. The Town
Board may make different decisions and impose different canditions on
individual events contained within an applicatian for multiple events.
E. A public hearing befare the Tawn Board shali be held in cannectian with
the application no less than five days after publication of notice of such
hearing in the Tawn's afficiai newspaper. The issuance of permits shaii
be discretionary. The Town Board may impose any conditians deemed
necessary by such Board to minimize the intrusian of sound that might
accur by the exercise of the privileges granted by the permit. Any permit
issued shall state that the permit only applies ta this chapter, and that §
240.20, Subdivision 2, of the Penal Law of the State of New Yark,
Disorderly Conduct, provides that "A person is guilty af disarderly
canduct when, with intent to cause public inconvenience, annoyance or
alarm, or reckiessly creating a risk thereaf: ... he makes unreasonable
naise." If a permit is issued, a copy af the permit stipulating any and ali
canditions imposed by the Town Board shail be furnished ta the
Tompkins County Sheriff s Department by the Town Clerk,
simuitaneously upon the issuance of the permit to the applicant.
F. The Town Board may, in its sole discretian, waive the holding of a pubiic
hearing upon gaod cause shown or for other unique, special or
extenuating circumstances.
G. Revocatian of naise permits. Noise permits may be suspended or revoked when
it is determined that there is a violation af a condition under which the permit
was issued, or if information submitted in connectian with the permit
applicatian or with a condition of the permit was incorrect, inaccurate, or
incomplete.
Adopted July 8, 2019 pg. 6
ARTICLE IV
Violation and Penalty
§ 184-13. Enforcement af violations.
Enforcement may be facilitated by, but shall not be dependent upon,
cQmplaint by a resident of the Town ta a Town Code Enforcement Officer
or county or other law enforcement afiicer. Any police officer ar peace
officer or any person who may be lawfully designated by the Town Board
shali have the authority ta issue appearance tickets in cannectian with any
violation af this chapter.
§ 1$4-14. Penalties for violations.
A. A vialation af this chapter is hereby declared ta be an offense, with
conviction of a first affense punishable by a fine of up to $500 or
imprisonment not ta exceed 15 days, or both. For canviction of a second
or subsequent offense which was committed within a period of five years
from the commissian af the prior offense, a violatar shall be subject to a
fine of up to $1,000 or imprisonment not to exceed 15 days, or bath.
With respect to continuous emissions of saund, each day of such
emissian shall constitute a separate violation.
B. In addition, persons wha violate this chapter shali be liabie for a civil
penalty of $500 for a first violation and $l,OQO for a secand or
subsequent violation which was committed within a period of five years
from the cammissian of the prior violation. With respect ta continuaus
emissions of sound, each day of such emissian shali canstitute a separate
vialation. The Attorney for the Town or his or her designee may
commence an action ar speciai praceeding against the violator in a court
af competent jurisdictian to collect these penaities, tagether with casts,
disbursements and recaverable attorneys' fees, andlor to campel
campiiance with this chapter or restrain by injunction any such violatian.
§ 184-15. Liability of owner.
The owner of any real praperty (except public highways, and other pubiicly
awned facilities) fram which sounds prohibited by this chapter emanate
shall be guilty of a violatian of this chapter, whether or not such awner was
on the premises or occupied the premises when the proscribed saunds
emanated from same."
Section 2. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portians shall nat be affected by such
declaration af invalidity.
Section 3. This locallaw sha11 take effect immediately upon its filing with the New
York Secretary of State.
Adopted July 8, 2019 pg. 7