General prohibitions.
It is hereby declared to be a nuisance and it shall be unlawful for any person, firm or corporation to make or cause or suffer or permit to be made or caused, upon any premises owned, occupied or controlled by him or her or it, or upon any public street, alley, or thoroughfare in the Town of Cheektowaga, any unnecessary noises or sounds by means of the human voice, by moving vehicle, or by any other means or methods which are physically annoying to the comfort of any person or which are so harsh or so prolonged or unnatural or unusual in their use, time and place as to occasion physical discomfort or which are injurious to the lives, health, peace and comfort of the inhabitants of said Town or any member thereof.
The following acts are declared to be loud, disturbing or excessive noise in violation of this chapter, but said enumeration shall not be deemed to be exclusive:
A.
Amplified sound. The operation, playing or permitting the operation or playing of any radio, receiver, television, phonograph, tape player, compact disc or digital sound systems, sound amplifier, boom box, musical instrument, loudspeaker, or similar device, whether from a moving vehicle or stationary location, which reproduces or amplifies sound in such a manner as to create a sound level across a real property line, or through partitions common to two or more persons within a building, or from a stationary or moving vehicle, which exceeds the limits set forth in Table I.
Editor’s Note: See § 166-6.
(This subsection does not apply to industrial manufacturing plants in the regular conduct of their business on their own properties.)
B.
Horns and signaling devices. The sounding of any horn, signaling device or alarm (except as a danger warning, pursuant to § 375 of the Vehicle and Traffic Law of the State of New York) which results in a harsh or loud sound or repetitive sounds for any unreasonable or unnecessary period of time, so as to create a noise disturbance.
C.
Shouting and yelling. Shouting, yelling, singing, calling, hooting or whistling so as to create a noise disturbance.
D.
Engines. The operation, including the stationary idling, of any engine, including, but not limited to, an automobile, truck, motorcycle, motorbike, motorboat or minibike engine, so as to create a noise disturbance, or the use of any automobile, motorcycle, or motor vehicle so out of repair, so loaded, or in any manner so as to create excessive or unusual grating, grinding, rattling, or other noise, or the discharge into the open air of the exhaust from any stationary steam engine, stationary internalcombustion engine or motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, which exceed maximum permissible sound levels in Table I herein.
Editor’s Note: See § 166-6.
E.
Heavy equipment. The operation of any pile driver, bulldozer, pneumatic hammer, grinder, noise or other construction equipment which creates a noise disturbance, except between 7:00 a.m. and 11:00 p.m. and except in cases of urgent necessity in the interest of public safety.
F.
Construction. Any construction, excavation, demolition, alteration or repair which creates a noise disturbance, except between 7:00 a.m. and 11:00 p.m. and except in cases of urgent necessity in the interest of public safety.
G.
Domestic equipment. The operation of or permitting to be operated any power saw, drill, sander, router, lawn or garden device, leaf or snowblower, insect control device or domestic equipment so as to create a noise disturbance, except between 7:00 a.m. and 11:00 p.m. However, the use of snowblowers, chain saws and other domestic tools and equipment are exempted from these limits when they are being used to clear driveways, streets, or walkways during and within 24 hours after snowfalls, rainstorms, ice storms, windstorms, or similar emergencies.
H.
Machinery. The operation of any machinery, equipment, pump, fan, air-conditioning apparatus or other mechanical device in such a manner as to create a noise disturbance which exceeds maximum permissible sound levels in Table I herein.
Editor’s Note: See § 166-6.
I.
Loading and unloading. The loading or unloading of any materials, equipment, garbage cans or the handling of bales, boxes, crates, containers or similar objects so as to create a noise disturbance which exceeds maximum permissible sound levels in Table I herein.
Editor’s Note: See § 166-6.
J.
Domestic animals. The howling, barking, whining, squawking, neighing, or other sounds of domestic animals which occurs continuously or intermittently, or so frequently so as to create a noise disturbance (for purposes of this subsection, “continuous” shall be a period of 10 minutes, and “intermittent” shall be a period of 30 minutes).
K.
The making of any noise for advertising purposes in any street or public place, or by means of aircraft, or the advertisement or calling attention to any advertisement, article, business, calling or profession upon any street, sidewalk or entrance to a place of business by means of any horn, megaphone, siren, bell, radio or any other sound-producing or sound-amplifying mechanism, instrument, or device.
L.
Places of public entertainment. Operating or permitting to be operated any loudspeaker or other source of sound in any place of public entertainment which produces maximum levels of 90 dB(A)'s or greater at any point that is normally occupied by human being, as read with the slow response on a sound-level meter, without a conspicuous and legible sign with lettering no less than one inch high located outside such place, near the entrance, stating: WARNING: SOUND ENVIRONMENT WITHIN MAY CAUSE TEMPORARY HEARING IMPAIRMENT WHICH MAY BECOME PERMANENT WITH CONTINUED EXPOSURE. The sound level across a real property line shall not exceed the limits set forth in Table I.
Editor’s Note: See § 166-6.
M.
Alarms. The sounding or permitting of the sounding of any exterior alarm on any building or motor vehicle, unless such alarm shall terminate its operation within 15 minutes of its being activated.
N.
Stationary emergency signaling devices. Testing of only the electromechanical functioning of a stationary emergency signaling device shall occur at the same time each day when a test is performed, but not before 9:00 a.m. or after 8:00 p.m. Any such testing shall not exceed one minute.
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http://www.tocny.org/
1.) click town code. 2.) click noise
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Receiving Land Use Category (dBA)
Sound Source Land Use Category
7:00 a.m. to 11:00 p.m. Residential: 55 dbA
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For reference
Near total silence - 0 dB
A whisper - 15 dB
Normal conversation - 60 dB
A lawnmower - 90 dB
A car horn - 110 dB
A rock concert or a jet engine - 120 dB
A gunshot or firecracker - 140 dB