Tonawanda laws
The following acts are declared to be loud, disturbing or excessive noise in violation of this chapter:
A.
Keeping in any building or upon any premises any animal or bird which, by frequent or long continued noise [continuous for 10 minutes or intermittent for 30 minutes], shall disturb the comfort and repose of the general public.
B.
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.
C.
The sounding of any horn or signaling device on any automobile, motorcycle or motor vehicle on any street or public place in the Town of Tonawanda, New York, except as a danger warning as provided in § 375, Subdivision 1, of the Vehicle and Traffic Law of the State of New York; the creation by means of any signaling device of excessive or unusual sound and the sounding of any such device for an unnecessary and unreasonable period of time; the use of any horn, whistle, or other device operated by engine exhaust, which results in any excessive or unusual sound.
D.
The making of any noise for advertising purposes in any street or public place, or by means of aircraft. 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.
E.
The operation in or upon any automobile, truck or other conveyance upon any public street of any horn, megaphone, siren, bell, radio or any other sound-producing or sound-amplifying mechanism, instrument or device. This subsection shall not apply to the use of a horn, bell or signaling device when the same is necessary or required for the protection of persons or property or to any fire or police vehicle or apparatus or licensed ambulance when responding to any call, or to radio sets installed in motor vehicles, nor shall this subsection apply to a duly authorized public parade (parade of public interest, as contrasted with private parades conducted for commercial purposes).
F.
The operation of any store, stand, office building, cemetery or other place of any horn, megaphone, siren, bell, radio or other sound-producing or sound-amplifying mechanism, instrument or device when the sound thereof is sufficiently audible upon any public street or sidewalk to attract and congregate a crowd thereon or of such character and intensity and duration as to be detrimental to the life or health or unreasonably interfere with the sleep, comfort and repose of the general public in a residential or business district. (This subsection does not apply to industrial manufacturing plants in the regular conduct of their business on their own properties.)
G.
The operation, playing or permitting the operation or playing of any radio, television, phonograph or similar device 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, which exceeds the limits set forth in Table I.
Editor’s Note: Table I is included in § 133-6.
(This subsection does not apply to industrial manufacturing plants in the regular conduct of their business on their own properties.)
H.
The discharge into the open air of the exhaust from any stationary steam engine, stationary internal-combustion engine or motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
I.
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 a 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: Table I is included in § 133-6.
J.
Alarms. The sounding or permitting of the sounding of any exterior burglar alarm on any building or motor vehicle, unless such burglar alarm shall terminate its operation within 15 minutes of its being activated.
K.
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.
L.
The use and operation of any sound-reproduction device in a vehicle which would constitute a threat to the safety of pedestrians or vehicle operators or where conditions of overcrowding or street repair or other physical conditions are such that the use of a sound-reproduction device would deprive the public of the right to the safe, comfortable, convenient and peaceful enjoyment of a public street, park or place for public purpose and would constitute a threat to the safety and welfare of the public. Said noise disturbance is deemed to be in violation of this section if it can be heard from a distance of greater than 50 feet.
[Added 3-10-2003 by L.L. No. 1-2003]
