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Cit of u alo, NY Frida, June 10, 2016
Chapter 293. Noie [HITORY: Adopted the Common Council of the Cit of u alo 7-31-1990,[1] e ective 8-13-1990. Amendment noted where applicale.]
GNRAL RFRNC uilding contruction and demolition; re prevention — ee Ch. 103. nforcement — ee Ch. 137. Peace and good order — ee Ch. 313. [1]
ditor' Note: Thi ordinance repealed former Ch. 293, Noie, derived from Art. XVII of the Charter and Ordinance, 1974, of the Cit of u alo.
§ 293-1. Finding; intent. The Common Council determine that the creation of exceive and unreaonale noie within the Cit limit of u alo i a detriment to the comfort, convenience, afet, health and welfare of the citizen of the Cit and that peron within the Cit are entitled to have maintained noie level which are not a detriment to life, health, welfare and enjoment of propert. Therefore, it intend here to prohiit all exceive and unreaonale noie from all ource uject to it police power in order to preerve, protect and promote health, afet and welfare and the peace, quiet, comfort and repoe of peron within the Cit.
§ 293-2. De nition. A ued in thi chapter, the following term hall have the meaning indicated: AMINT NOI The all-encompaing noie aociated with a given environment, eing uuall a compoite of ound from near and far. DAY
The hour etween 7:00 a.m. and 9:00 p.m., except Frida and aturda, when the evening hour hall e 11:00 p.m.
DCIL A tandard unit of acoutic meaurement having a zero-reference of 0.0002 microar. IMPULIV NOI A noie of hort duration. NOI-RATING NUMR The criteria etalihed in the noie-rating curve of the International tandard Organization. OCTAV AND The range of ound frequencie divided into octave in order to claif ound according to pitch. PRON An individual, rm, corporation, aociation, clu, partnerhip, ociet or an other form of aociation or organization. PULIC RIGHT-OF-WAY http://ecode360.com/print/BU1237?guid=11767329&children=true
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PULIC RIGHT-OF-WAY An treet, idewalk or alle or imilar place which i owned or controlled the Cit of u alo, including not limited to walk, regardle of deignation. PULIC PAC An real propert or tructure thereon which i owned, controlled or leaed the Cit of u alo. PUR TON A ound having a ingle pitch. RAL PROPRTY OUNDARY An imaginar line along the ground urface and it vertical extenion, which eparate the real propert owned one peron from that owned another peron or from an pulic right-of-wa or from an pulic pace. OUND An ocillation in preure, partial velocit or other phical parameter in a medium with internal force that caue compreion and rarefaction of the medium. OUND-LVL MTR An intrument, including a microphone, an ampli er, an output meter and frequenc-weighting network, ued for the meaurement of ound in a peci ed manner and calirated in deciel. OUND-RPRODUCTION DVIC An device, intrument, mechanim, equipment or apparatu for the ampli cation of an ound from an radio, phonograph, tereo, tape plaer, muical intrument, televiion, loudpeaker or other ound-making or ound-producing device or an device or apparatu for the reproduction or ampli cation of the human voice or other ound. UNRAONAL NOI An noie which i de ned in § 293-4 or 293-5. VHICL An land conveance, elf-propelled or propelled an internal ource. VL Include ever decription of watercraft ued or capale of eing ued a a mean of tranportation in, on or upon water, including ut not limited to nondiplacement craft and eaplane. WITHIN TH COMMRCIAL ARA ound emanating from a ource within the commercial area. ound hall not e conidered "within the commercial area" if it i projected into, heard or felt in a reidential area, and uch ound hall e conidered to e within the reidential area and governed the rule relating thereto. ZONING DITRICT A ditrict etalihed in accordance with Chapter 511, Zoning, of thi Code.
§ 293-3. Unreaonale noie prohiited. It hall e unlawful for an peron to make, continue, caue to e made or permit to e made an unreaonale noie within the geographical oundarie of the Cit of u alo or within thoe area over which the Cit ha juridiction. The determination a to the exitence of unreaonale noie ma e etalihed either the peci c act conidered to e unreaonale noie enumerated within § 293-4 or the meaurement exceeding the limitation et forth in § 293-5.
§ 293-4. peci c act contituting unreaonale noie. The following act and the caue thereof are declared to e in violation of thi chapter and to contitute unreaonale noie: http://ecode360.com/print/BU1237?guid=11767329&children=true
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unreaonale noie: A.
The ue of an ound-reproduction device outide a tructure either on private propert or on a pulic rightof-wa or pulic pace at an time within the reidential area or within the commercial area which, cauing noie, anno or ditur the quiet, comfort or repoe of a reaonale peron of normal enitivitie. Thi proviion hall not e contrued to prohiit pulic performance eing conducted in accordance with the proviion of a pecial permit granted the Cit.
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The ue of an ound-reproduction device inide a tructure in uch a manner a to reult in the ound or an part thereof from uch apparatu to e projected therefrom outide of the tructure or out of door at an time within the reidential area or during night hour in the commercial area where the ound can e audil heard more than 100 feet from the real propert oundar line from which the noie emanate. ound which croe an real propert oundar hall e deemed to e projected within the meaning of thi chapter. Nothing within uection A and herein hall e contrued to prevent the operation of an uch apparatu an peron within an uilding or tructure, provided that the ound therefrom or an part thereof i not projected outide of an uilding or out of door, or to prohiit the ue of an apparatu with a peronal earphone o that the ound therefrom or an part thereof i not audile to peron other than the uer of the earphone.
C.
The operation of an ound-reproduction device on a veel o that the ound therefrom i audile on land, which anno or ditur the quiet, comfort or repoe of a reaonale peron of normal enitivitie.
D. The ue and operation of an ound-reproduction device in a vehicle which would contitute a threat to the afet of pedetrian or vehicle operator or where condition of overcrowding or treet repair or other phical condition are uch that the ue of a ound reproduction device would deprive the pulic of the right to the afe, comfortale, convenient and peaceful enjoment of a pulic treet, park or place for pulic purpoe and would contitute a threat to the afet and welfare of the pulic. .
The operation of an ound-reproduction device within 500 feet of an chool, church, health-care facilit, clinic or courthoue while the ame i in eion or conducting uine therein o a to interfere with the function of uch activitie.
F.
The operation of an ound-reproduction device within 500 feet of an hopital, nuring home or imilar facilit where the ound emanating from the device can e audil heard within the uilding or tructure therein and o a to interfere with the function of uch activitie or ditur or anno the patient in the activit, provided that conpicuou ign are diplaed indicating the preence of the zone.
G. Yelling, houting or hooting at an time or place o a to anno or ditur the quiet, comfort and repoe of a reaonale peron of normal enitivitie. H. The ue of an drum, loudpeaker or other intrument or device for the purpoe of attracting attention to an uine, which anno or ditur the quiet, comfort and repoe of a reaonale peron of normal enitivitie. I.
Contruction activit. (1) The performance or engagement in contruction work, uilding, excavating, hoiting, grading, demolihing, dredging or pneumatic hammering within the limit of the Cit etween the hour of 9:00 p.m. and 7:00 a.m. that caue ound which anno or ditur a reaonale peron of normal enitivitie in a reidential real propert zone, except for emergenc work of pulic ervice utilitie or a otherwie provided in uection I() herein. (2) An peron deiring to engage in the aforeaid activit eond the tated hour of limitation, aed upon cae of urgent neceit or upon the interet of pulic health, afet and convenience, ma appl to the Commiioner of Pulic Work for a pecial permit allowing uch activit. The permit, if granted, hall e limited to a period of up to three da' duration ut ma e renewed for additional period of up to three da each if the emergenc or need continue. In the iuance of thee permit, the Commiioner of Pulic Work hall weigh all fact and circumtance and hall determine whether the reaon given for the urgent neceit are valid and reaonale, whether the pulic health, afet and ultimate convenience will e protected or etter erved granting the permit requeted and whether the manner and amount of lo or inconvenience to the part in interet impoe a igni cant hardhip.
J. The ounding of an horn, ecurit alarm or other auditor ignaling device in an vehicle, veel, engine, http://ecode360.com/print/BU1237?guid=11767329&children=true
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J.
The ounding of an horn, ecurit alarm or other auditor ignaling device in an vehicle, veel, engine, machine or tationar oiler for period of time longer than ve minute, except a required law or to provide a warning ignal during ue thereof. Thi proviion hall not e contrued to prohiit the ue and operation of a ignal device in an emergenc vehicle.
K.
The operation of a vehicle without an adequate mu er or exhaut tem to prevent an unreaonale noie in violation of the Vehicle and Tra c Law § 375, udiviion 31.
L.
The ue and operation of an lawn maintenance device, including mower, edger, trimmer and power-driven hedge hear, etween the hour of 9:00 p.m. and 7:00 a.m. that caue ound that anno or ditur a reaonale peron of normal enitivitie in a reidential real propert zone. Thi proviion doe not appl to the operation uch equipment on golf coure.
M. The ue and operation of air conditioner, nowlower, olid wate collection vehicle and equipment or other mechanical device which caue noie that anno or ditur the quiet, comfort or repoe of a reaonale peron of normal enitivitie, except upon cae of urgent neceit or upon the interet of pulic health, afet and convenience. Thi proviion hall not e contrued to prohiit the ue and operation of Cit, count, tate or other governmental equipment otherwie in compliance with the proviion of thi chapter. [Amended 11-26-2002, e ective 12-6-2002] N. The keeping of an animal or ird which caue noie that anno or ditur the quiet, comfort or repoe of a reaonale peron of normal enitivitie. Thi proviion hall not appl to pulic zoo. O. An other exceive or unreaonale noie which either anno, ditur, injure or endanger the comfort, repoe, health, peace or afet of a reaonale peron of normal enitivitie, except that the enumerated proviion of uection A through N of thi ection hall govern and regulate the action and activitie therein prohiited, and nothing contained in thi uection O hall appl to thoe action and activitie et forth in uection A through N of thi ection.
§ 293-5. Additional guideline to determine unreaonale noie. [Amended 10-2-1990, e ective 10-11-1990] A.
The uject noie mut exceed amient noie ve deciel or more in an octave and to e declared exceive or unreaonale.
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ound projecting from one ue ditrict into another ue ditrict having a lower noie-level limit hall not exceed the limit of the ditrict into which it i projected.
§ 293-6. Method of meaurement. A.
Noie meaurement hall e made with a ound-level meter and compatile octave and analzer manufactured according to the peci cation of the American National tandard Intitute, UA tandard peci cation for General Purpoe ound Level Meter (1.4-1971) and Preferred Center Frequencie for Acoutical Meaurement (1.6-1960) or an uequent nationall adopted tandard upereding the aove tandard.
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xcept where impractical, ound meaurement hall e made from the peci c poition of the complainant at the premie from which noie complaint are received and hall e made at a height of at leat three feet aove the ground and three feet awa from wall, arrier, otruction or other ound-re ective urface. Where the nature of the noie permit, the low repone etting hall e ued to otain the noie level on the ound-level meter. The ound anali curve hall e plotted in deciel upon the noie-rating numer chart, and the highet portion of the curve in an octave and aove a noie-rating curve hall e the noie-rating numer for the meaurement. The average curve of everal noie meaurement ma e ued to plot the ound anali curve.
C.
When detailed ound anali meaurement cannot e made, a meaurement of the noie uing the A cale of a tandard ound-level meter ma e made, and the noie-rating numer hall e determined thi meaurement minu eight deciel. http://ecode360.com/print/BU1237?guid=11767329&children=true
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meaurement minu eight deciel.
§ 293-7. Penalt for o ene. [Added 11-12-1996, e ective 11-25-1996; amended 12-12-2006, e ective 12-26-2006] A.
An peron violating the proviion of thi chapter ma e liale for penaltie a precried in Chapter 137, Article I, of thi Code and § 1-15 of the Cit Charter and Code which tate: "ver violation of an of the Code of the Cit of u alo hall e punihale a ne or penalt of not more than $1,500 or imprionment for not more than 15 da, or oth uch ne and imprionment, for each o ene, in ever cae wherein no punihment or ne for a violation thereof i provided. ach da that a violation continue hall e deemed a eparate violation. In addition to the aforeaid ne and penaltie, a licenee who violate an proviion of the Code hall e uject to a upenion or revocation of hi licene. An pament returned the Director of Treaur for inu cient fund will e uject to an additional charge a outlined in Chapter 175, Fee."
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A u alo police o cer who in the coure of hi/her dutie and with rthand knowledge oerve a peron in violation of the Cit' noie ordinance ma make and arret without a warrant a authorized and provided Criminal Procedure Law § 140.10. In the event a police o cer make an arret without a warrant puruant to thi chapter, he/he mut without unnecear dela ring the arreted peron efore a local criminal court and le an appropriate accuator intrument charging the individual with the appropriate o ene a required Criminal Procedure Law § 140.20. (1) Alternativel, the arreting o cer ma iue and erve an appearance ticket upon the arreted peron and releae him/her from cutod, provided that the police o cer who ha iued and erved the appearance ticket, at or efore the time the appearance ticket i returnale le with the local criminal court in which the ticket i returnale an accuator intrument charging the named peron with the appropriate o ene puruant to thi chapter and in accordance with Criminal Procedure Law §§ 140 and 150. (2) If the defendant doe not appear in the deignated local criminal court on the return date of the appearance ticket, the court ma iue a ummon or a warrant of arret aed on the accuator intrument led a authorized all applicale proviion of the Criminal Procedure Law.
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