Frequently Asked Questions - What is the City Noise Ordinance, and what does it mean?

Students and members of the community sometimes inquire about what level of noise can be created without violating the City of Oneonta Municipal Code concerning noise. Here is the best answer:

If at any time of the day or night you host a party or gathering or engage in an activity in which an excessive amount of noise is created which disturbs the peace, quiet, and comfort of neighboring residents (or any reasonable person of normal sensitiveness), you may be in violation of this section. A violation of the following section could result in a ticket on the scene or a custodial arrest with a bail requirement, depending upon the circumstances.

Disturbing the peace might mean almost anything - running your jackhammer at three in the morning, letting your son practice his drums with an open window next door to a family with a newborn baby, or repeatedly having a screaming argument with your boyfriend that the renters upstairs cannot avoid hearing.  The key question is whether a "reasonable person of normal sensitiveness" would find such conduct excessive or disturbing.  The difference between a reasonable and unreasonable complaint it subtle, but don't worry; the Oneonta Police have a lot of experience with this and will sort it all out.

The text of chapter 178:

§ 178-3. Unreasonable noise prohibited; prohibited noises enumerated.

It shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, unreasonable or unusual noise, or to permit any other so to do, which disturbs the peace or quiet within the geographical boundaries of the City of Oneonta, or which causes discomfort or annoyance to any reasonable person of normal sensitiveness.  For the purposes of this chapter, it shall be presumed that the owner, tenant, person or persons in possession or control, and the occupants of the particular premises, are, jointly or severally, permitting such noise. Prohibited noises may arise from the following activities, but the following list shall not be deemed to be exclusive:

A. The use or operation, or allowing any other person or persons to use or operate, any radio receiving set, musical instrument or instruments, phonograph, television set, amplifier, loudspeaker, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of neighboring residents or of any reasonable person of normal sensitiveness, whether residing in the area or not.  This provision shall not be construed to prohibit public performances being conducted in accordance with the provisions of a special permit granted by the City.

B. Any noise on any street, sidewalk or public place adjacent to any school, institution of learning or church while the same is in use or adjacent to any hospital, which noise unreasonably interferes with the workings of such institution or which disturbs or unduly annoys patients in the hospital, provided that conspicuous signs are displayed in such streets, sidewalks or public places indicating the presence of a school, church or hospital.

C. The hawking, peddling or sale by outcry within any area of the City. 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.

D. The maintenance or harboring, or allowing the keeping of, upon any premises owned, occupied or controlled by such person, any animal or fowl otherwise permitted to be kept which by any sound, cry or behavior shall cause annoyance or discomfort to a reasonable person of normal sensitiveness.

E. The operation of any machinery, equipment, pump, fan, air-conditioning apparatus or similar mechanical device in any manner so as to create any noise which would cause annoyance or discomfort to a reasonable person of normal sensitiveness.

F. The performance or engagement in construction or repair work after 9:00 p.m. or before 7:00 a.m., excepting emergency work and including but not limited to building, excavation, site preparation, hoisting, grading, demolishing, dredging or pneumatic hammering, where the standards for determination so dictate or in such a manner that a reasonable person of normal sensitiveness in the area is caused discomfort or annoyance.

G. The repair, rebuilding or testing of any motor vehicle, excepting emergency repairs, where the standards for determination so dictate or in such a manner that a reasonable person of normal sensitiveness in the area is caused discomfort or annoyance.

H. The operation or sounding, or causing to be operated or sounded, a train horn or train whistle, or any horn or security alarm or other auditory signaling device where the standards for determination so dictate or in such a manner that a reasonable person of normal sensitiveness in the area is caused discomfort or annoyance, except as required by law or to provide a warning signal during use thereof. This provision shall not be construed to prohibit the use and operation of a signal device in an emergency vehicle.

I. The operation of a vehicle without an adequate muffler or exhaust system to prevent any unreasonable noise in violation of the Vehicle and Traffic Law § 375, Subdivision 31.

J. 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 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.

K. The operation of a bar, nightclub or tavern while any doors or windows to such establishment are open enough to allow emanating noise to reasonably disturb neighboring residences. [Added 4-6-2004 by Ord. No. 1-2004]

§ 178-4. Standards for determination.

The standard or standards to be considered in determining whether a noise is unreasonable noise which constitutes a prohibited noise shall include, but not be limited to, one or more of the following:

A. The volume of the noise.
B. The intensity of the noise and/or its purpose.
C. Whether the nature of the noise is usual or unusual.
D. Whether the origin of the noise is natural or unnatural.
E. The volume and intensity of the background noise, if any.
F. The proximity of the noise to residential sleeping facilities.
G. The nature and the zoning district of the area within which the noise emanates.
H. The date, time of day or night the noise occurs.
I. The duration of the noise.
J. Whether the noise is temporary.
K. Whether the noise is continuous or impulsive.
L. The presence of discrete tones.