Ithaca lawyer explains Ithaca City NOISE VIOLATIONS for Ithaca College and Cornell students

Scene from "House Party 2"

WHERE'S THE PARTY, BRO?

Today we are going to talk about Noise Violations (not crimes)...

            Ithaca has recently revised their City Noise Ordinances to make it easier for police to enforce noise violations and charge people.  The new laws go into effect on July 1, 2015.   However, the old laws work fine too in enforcing violators.  

Ithaca City Code, s. 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.

(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.

Basically, there are many ways for the police to give citations for this ordinance.  The louder the party, the more likely it will be shut down.  Normally, the police will only cite the owners or tenants of the house/apartment.   Also, the Ithaca Police Dept. just purchased NEW noise decibel measuring equipment that they will use to enforce the noise ordinance.  This machine will be used as evidence of the violation at a trial.

Penalties (violation not a crime) Ithaca City Code s. 240-15

1. $100-$500 fine (first offense); or 25-100 hours community service;

or $200-$750 (second offense within 3 years); or 40-125 hrs comm. service;

or $300-$1000 (third offense within 3 years); or 50-125 hrs comm. service;

2. Up to 15 days in jail  [very unusual--but still an option in extreme cases]

*Notice how the penalties for Noise violations are pretty harsh?   It is because it is a big problem in a college town full of thousands of college students.

BOTTOM LINE:

If you mouth off to the police or don't shut the party down immediately ---or have serious sound equipment set-up, then you're much more likely to be cited for a noise violation (or worse).  However, if you cooperate and act politely, it would be in the police officer's discretion whether or not to cite you for a noise violation.  

Being nice can pay off.  

BY:  Attorney Mike Cyr 

P:  607-229-5184
E:  mike.ithacadwi@gmail.com
www.ithacadwi.com
www.facebook.com/ithacadwi

Twitter:   @ithacadwi