HomeMy WebLinkAboutMN-GOV-2004-02-23 lc _
GOVERNANCE COMMITTEE
Monday, February 23, 2004
7:00 P.M.
Common Council Chambers
AGENDA
1. Meeting called to order
2. Approval of Minutes
3. Review Agenda
4. Public Comment
5. Response to Public by Committee members
6. Announcements and Reports from Committee members
7. Noise Ordinance
8. Common Council Rules of Procedure
9. Adjournment
Cc: Mayor
Common Council
City Attorney
Department Heads
Media
Questions or comments regarding items on the agenda are to be directed to
Pamela Mackesey, Chair at 273-6203. For special accommodations, please contact the
City Clerk's Office at 274-6570.
ley' , CITY OF ITHACA
a`/ t;
108 East Green Street Ithaca New York 14850
1171511711
f... OFFICE OF THE CITY CLERK
!°bRA?E0= Telephone: 607/274-6570
18 February 2004
TO: Governance Committee
FROM: Pam Mackesey
RE: Committee Meeting
Please bring a list of all the changes you would like to see made to the Noise
Ordinance. We will go through the ordinance and discuss proposed changes as
we go. I am not suggesting you craft specific language, although you can. I
would suggest you be clear about what your changes are trying to achieve.
I expect the work on the Noise Ordinance will take up most of the evening.
I do not intend to take the Noise Ordinance to our next council meeting.
Rather I think we should strive to take it to the April 7 meeting.
"An Equal Opportunity Employer with a commitment to workforce diversification." 0
DRAFT 1/26/04
ORDINANCE NO. OF 2004
WHEREAS the Common Council of the City of Ithaca has reviewed the various
nuisance provisions in the City Code and finds that some provisions in the respective
laws require amendment in order to promote the harmonious coexistence of all city
residents in a manner which is mutually respectful of the interests, rights and obligations
of all persons
BE IT NOW ORDAINED AND ENACTED that Chapter 240 of the City of
Ithaca Municipal Code entitled"Noise"is hereby amended as follows:-
Article I. General Provisions.
§ 240-1. Title.
This chapter shall be known and may be cited as the "City of Ithaca Noise Ordinance."
§ 240-2. Purpose.
The purpose of this chapter is to preserve the public health, peace, welfare and good
order by suppressing the making, creation or maintenance of excessive, unnecessary,
unnatural or unusually loud noises which are prolonged, unusual and unnatural in their
time,place and use and which are detrimental to the environment. It is also the purpose of
this chapter to allow all residents of the city to coexist harmoniously in a manner which is
mutually respectful of the interests,rights and obligations of all persons.
§ 240-3. Definitions.
Unless the context otherwise clearly indicates, the words and phrases used in this chapter
are defined as follows:
DAYTIME HOURS --The hours between 7:30 a.m. and 10:00 p.m., local time, on any
day.
EMERGENCY WORK -- Work made necessary to restore property to a safe condition
following a public calamity or work necessary to protect persons or property from an
imminent exposure to danger.
IMPULSIVE SOUND -- A sound of short duration, usually less than one second, and of
high intensity,with an abrupt onset and rapid decay.
T:\Governance Committee\2004\02-04\Noise Ordinance 1-30.doc 1
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 7:30
a.m. on the following day.
NOISE --A level of sound that is injurious or annoying or disturbing to be heard.
PERSON-- Includes the singular and plural and also any individual; any property owner
and/or lessee; any firm; a corporation; a political subdivision; a government agency,
including any agency of the City of Ithaca; an association or an organization, including
but not limited to officers, directors, employees, agents and/or independent contractors
thereof; or any legal entity whatsoever.
SOUND-AMPLIFYING EQUIPMENT -- Any machine or device for the amplification of
the human voice, instrumental music or any other sound. "Sound-amplifying equipment"
shall not include standard automobile radios or tape recorders when used and heard only
by the occupants of the vehicle in which such automobile radio or tape recorder is
installed. As used in this chapter, "sound-amplifying equipment" shall not include
warning devices on authorized emergency vehicles or horns or other warning devices on
any vehicle used only for traffic safety purposes or authorized fire horns or other
authorized emergency alarms.
§ 240-4. Unreasonable noise prohibited.
A. No person shall intentionally cause public inconvenience, annoyance or alarm or
recklessly create a risk thereof by making unreasonable noise or by causing unreasonable
noise to be made.
B. For the purpose of implementing and enforcing the standard set forth in
Subsection A of this section, "unreasonable noise" shall mean any sound created or
caused to be created by any person which either annoys, disturbs, injures or endangers the
comfort,repose, health,peace or safety of the public or which causes injury to animal life
or damages to property or business. Factors to be considered in determining whether
unreasonable noise exists in a given situation include but are not limited to any or all of
the following:
(1) The intensity of the noise.
T:\Governance Committee\2004\02-04\Noise Ordinance 1-30.doc 2
(2) Whether the nature of the noise is usual or unusual.
(3) Whether the origin of the noise is associated with nature or human-made activity.
(4) The intensity of the background noise, if any.
(5) The proximity of the noise to sleeping facilities.
(6) The nature and the zoning district of the area within which the noise emanates and
of the area within 500 feet of the source of the sound.
(7) The time of the day or night the noise occurs.
(8) The time duration of the noise.
(9) Whether the sound source is temporary.
(10) Whether the noise is continuous or impulsive.
(11) The volume of the noise.
(12) The existence of complaints concerning the noise from persons living or working
in different places or premises who are affected by the noise.
C. This section shall not be interpreted to prevent the issuance of permits pursuant to
§ 240-14 that will authorize particular sound sources.
ARTICLE II, Special Noise Sources
§ 240-5. Purpose of Article.
The provisions of this Article II complement and supplement the other provisions of this
chapter and shall be interpreted and applied in accordance with and in addition to and not
in lieu of those other provisions. The provisions of this article shall not be interpreted to
prevent the issuance of permits pursuant to § 240-14 that will authorize particular sound
sources.
§ 240-6. Radios,television sets and similar sound-amplifying devices.
It shall be unlawful for any person anywhere in the city to use or to operate any radio or
receiving set, musical instrument,phonograph, television set, any other machine or
device for the producing or reproducing of sound or any other sound-amplifying
equipment in a loud, annoying or offensive manner such that noise from the device
interferes with the comfort, repose, health or safety or members of the public within any
building or, outside of a building, at a distance of 25 feet or more from the source of such
sound or interferes with the conversation of members of the public who are 25 feet or
more from the source of such sound.
T:\Governance Committee\2004\02-04\Noise Ordinance 1-30.doc 3
§ 240-7. Parties and other social events.
A. It shall be unlawful for any person in charge of a party or other social event that
occurs on any private or public property to allow that party or event to produce noise in a
loud, annoying or offensive manner such that noise from the party interferes with the
comfort, repose, health or safety of members of the public within any building or, outside
of a building, at a distance of 25 feet or more from the source of such sound.
B. For the purposes of this section, a "person in charge of a party or other social
event":
(1) That occurs on any public property shall include the person or persons who
obtained permission to utilize that property for that event.
(2) That occurs on private property shall include -= .- - • - - = . - •• -
nvolvea and any adult person who lives in or on the premises involved in such party or
social event. { In addition, if the owner of the property docs not reside in or on the
punishable in the same manner as a violation of section 178 10 of the City of Ithaca
J.
(3) Shall include the person who is listed on a permit granted pursuant to Article III
of this chapter with respect to such event.
C. For any violation of this section where beer is being served from a keg on the
premises, the person to whom the keg is registered shall be presumed to be responsible
for the violation, in addition to any person designated in parts A or B above.
§240-8. Hawkers and peddlers.
It shall be unlawful for any person to advertise, promote or sell anything by outcry
within any area of the city zoned for residential uses. The provisions of this section shall
not be construed to prohibit the selling by outcry of merchandise, food and beverages at
licensed sporting events, parades, fairs, circuses and other similar licensed public
entertainment events.
T:\Governance Committee\2004\02-04\Noise Ordinance 1-30.doc 4
§ 240-9. Machinery.
It shall be unlawful for any person to operate or repair any machinery, motor vehicle,
construction equipment or other equipment, pump, fan, air-conditioning apparatus or
similar mechanical device or to engage in any commercial or industrial activity in any
manner so as to create unreasonable noise as defined in § 240-4 of this chapter. In
making such determination with respect to the matters governed by this subsection,
additional factors to be considered shall include:
A. The necessity of the work being done.
B. The ability of the creator of the noise to minimize or reduce the amount of noise
created or to otherwise minimize its adverse effects.
§ 240-10. Construction during nighttime hours.
A. Except for the purposes specified in Subsection B, during nighttime hours it shall
be unlawful for any person within a residential zone or within 500 feet of a residential
zone to operate construction equipment (including but not limited to any pile driver,
steam shovel, pneumatic hammer, derrick or steam or electric hoist) or perform any
outside construction or repair work so as to create noise. Any designated official of the
City of Ithaca shall give a verbal warning that the violation exists and of the penalties that
may result if the violation continues.
B. This section shall not be deemed to prohibit:
(1) Work of an emergency nature.
(2) Work of a domestic nature on buildings, structures or projects being undertaken
by a person(s) residing in such premises; provided that, if any domestic power tool,
including but not limited to mechanically powered saws, sanders, grinders and lawn and
garden tools used outdoors, is operated during the nighttime hours, no person shall
operate such machinery so as to cause noise within a residential building or across a
residential real property boundary where such noise interferes with the comfort, repose,
health or safety of members of the public within any building or, outside of a building, at
25 feet or more from the source of the sound.
§ 240-11. Applicability of Article.
This article shall be applied in addition to § 240-4.
T:\Governance Committee\2004\02-04\Noise Ordinance 1-30.doc 5
§ 240-12. Continuing noise; Construction.
A. It shall be unlawful for any person to make or continue or cause to be made or
continued any loud, unnecessary or unusual noise or sound that shall continue for
more than three cumulative minutes in any sixty-minute period and which shall
exceed the permitted noise levels specified in this chapter. Any designated official of
the City of Ithaca may issue a verbal warning that the violation exists and of the
penalties that may ensue.
B. For the purposes of this Chapter, each act which is a violation of any part of this
section which either continues or is repeated more than one-half hour beyond its
inception shall be considered, and may be prosecuted, as a separate violation.
§ 240-13. Horns and alarms.
This chapter shall not apply to fire horns or other alarms authorized by the Fire
Department or Police Department and operated in accord with that authorization.
ARTICLE III, Other Provisions
§ 240-14. Permit procedures for certain activities.
A. Where a sound source is planned, installed or intended to be installed or modified
by any person in a manner that such source will create or is likely to create unreasonable
noise or otherwise fail to comply with the provisions of this chapter, such person must
secure a permit pursuant to this section.
B. Where any person uses or plans to use any sound-amplifying equipment in such a
way that such equipment is or will be heard outside of any building between 9:00 p.m. of
any day and 7:30 a.m. to the next day, such person must secure a permit under this
section.
C. Where any person uses or plans to use a public-address system that will make
sound outside of a building, such person must secure a permit under this section.
D. The application for the permit shall provide the following information:
(1) The reasons for such usage, including a demonstration why it is desirable or
necessary that the sound source involved be authorized by a permit pursuant to this
section.
(2) Plans and specifications of the use.
T:\Governance Committee\2004\02-04\Noise Ordinance 1-30.doc 6
(3) Noise-abatement and-control methods to be used with respect to the sound source
involved.
(4) The period of time during which the permit shall apply.
(5) The name of the person(s) who is responsible for ensuring that the activity
complies with any permit issued for it pursuant to this section.
(6) When the activity for which the permit is being sought is not a community-wide
or public event, that notification of the application for the permit has been given to each
person reasonably expected to be affected by the noise, the content of such notification
and the manner in which such notification has been given. The notification shall state to
whom the application is being made and that any person objecting to the granting of such
permit may contact the individual to whom the application is being made to express
his/her opposition to the granting of the permit.
(7) That a copy of the application for the permit has been provided to the Chief of
Police.
E. The application shall be made to the Superintendent of Public Works in
connection with construction work on public rights-of-way or in parks; to the Building
Commissioner for all other construction projects; and to the Mayor for any other events.
The issuance of permits shall be discretionary and shall be issued only where the
responsible official determines that such permit is reasonable and necessary and will
allow an activity that is consistent with the general purposes of this chapter, as stated in §
240-2, provided that no permit shall be issued pursuant to this section for any sound
source that will operate between 12:00 midnight and 8:00 a.m. of any day. Any permit
granted shall state that the permit only applies to this chapter, that § 240.20, Subdivision
2, of the Penal Law of the State of New York, Disorderly Conduct, provides that "a
person is guilty of disorderly conduct when, with intent to cause public inconvenience,
annoyance or alarm or recklessly creating a risk thereof, ... he makes unreasonable
noise."
F. In order to further the purposes of this chapter and to facilitate its implementation
and enforcement, the Superintendent of Public Works, the Building Commissioner and
the Mayor shall have authority to impose such conditions as they determine are
reasonable and necessary on permits they issue pursuant to this section. Such conditions
T:\Governance Committee\2004\02-04\Noise Ordinance 1-30.doc 7
may govern factors which include but are not limited to the time and location the
involved sound source may be utilized.
G. The Superintendent of Public Works, the Building Commissioner and the Mayor
shall provide the Chief of Police with a copy of any permit issued pursuant to this
section.
§ 240-15. Penalties for offenses; Presumptions.
A. Any person who shall violate any provision of this chapter shall be punishable by a
fine not to exceed $250 or imprisonment of not more than 15 days, or 100 hours of
community service or :: - .- = ., . . . _- , any combination of such fine
and imprisonment and not less than $100 or 25 hours of community service;
provided, however, that a person who shall violate any provision of this chapter after
having been convicted of a violation of any provision of this chapter within the
preceding three years shall be punishable by a fine not to exceed $500 or by
imprisonment of not more than 15 days, or both such fine and imprisonment, and not
less than $100 or 25 hours of community service; and further provided that any
person who shall violate any provision of this chapter after having been convicted
two or more times of a violation of any provision of this chapter within the preceding
three years shall be punishable by a fine not to exceed $750 or by imprisonment of
not more than 15 days, or both such fine and imprisonment, and not less than $100 or
25 hours of community service. For any penalties of community service, the court
may accept community service from people other than the defendant whom the court
deems appropriate, such as other residents of the premises or others who choose to
accept responsibility for the violation.
B. For purposes of this chapter, for any offense that takes place on private property, if
the person or persons directly responsible for the activity that violates any provision
of this chapter cannot be determined, then all residents of the property on which the
activity takes place shall be presumed to be responsible for the violation.
& 240-16. Aggravated Noise Offenses.
A. The presence of any two or more of the following shall be deemed aggravating
circumstances for the purposes of this chapter:
T:\Governance Committee\2004\02-04\Noise Ordinance 1-30.doc 8
a) a common source of alcohol used to serve the guests, such as a keg;
b) a live band or disc jockey or other live entertainment;
c) amplified sound emanating from speakers placed or directed outside of the
building;
d) a charge to gain entrance into the premises or to consume alcohol;
e) a violation of section 250-8 of this code on the premises;
f) the offense takes place after 10 pm and before the following 6 am on a
weeknight(Sunday through Thursday evening to the following morning) or
after 12 midnight and before 8 am on a weekend(Friday or Saturday or public
holiday(as defined in NY General Construction Law section 24)midnight to
the following morning);
g) more than 25 guests on the premises, guests being defined for the purposes of
this section as any people who do not reside at the premises.,
h) any underage person or persons possessing or consuming alcohol on the
premises, each underage person constituting a separate aggravating
circumstance.
B. The elements of an Aggravated Noise Offense shall be the elements as
specified in section 240-4 or 240-6 or 240-7 and two or more of the
factors specified in 240-16-A.
C. Penalties. Any "aggravated" violation in this chapter shall be punishable
by a fine not to exceed $1000 or imprisonment of not more than 15 days,
or both such fine and imprisonment, or not more than 200 hours of
community service and not less than $250 or 50 hours of community
service; provided, however, that a person who shall violate any provision
of this chapter after having been convicted of a violation of any provision
of this chapter within the preceding three years shall be punishable by a
fine not to exceed $1,500 or by imprisonment of not more than 15 days, or
both such fine and imprisonment, and not less than $500 or 100 hours of
community service; and further provided that any person who shall violate
T:\Governance Committee\2004\02-04\Noise Ordinance 1-30.doc 9
any provision of this chapter after having been convicted two or more
times of a violation of any provision of this chapter within the preceding
three years shall be punishable by a fine not to exceed $2,000 or by
imprisonment of not more than 15 days, or both such fine and
imprisonment, and not less than $750 or 150 hours of community service.
For any penalties of community service, the court may accept community
services from people other than the defendant whom the court deems
appropriate, such as other residents of the premises or others who choose
to accept responsible for the violation.
240-17 Civil Offense for Permitting Noise Violation on Private Property For Non-
Resident Owner.
A. It shall be a civil offense Noise Violation for a non-resident property owner to
permit a violation of section 240-7 or 240-16 to occur on such premises.
B. Permitting a violation of section 240-7 or 240-16 is defined by a the entry of
guilty plea at anytime or a finding of guilt after trial for a violation of section 240-
7 or 240-16 on premises for which a person or entity is the owner on the date of
the offense.
C. Civil Penalty. A violation of this section constitutes a civil noise offense. The
procedures for this offense shall be the same as for a violation of section 178 of
this code. A violation of this section shall punishable under the civil penalties
section 178-10-B(1).
SEVERABILITY CLAUSE. Severability is intended throughout and within the
provisions of the ordinance. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
T:\Governance Committee\2004\02-04\Noise Ordinance 1-30.doc 10
EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance
with law upon publication of notice as provided in the Ithaca City Charter.
T:\Governance Committee\2004\02-04\Noise Ordinance 1-30.doc 11