Noise

Frequently asked questions regarding the City of Rochester
Noise Ordinance.
To view the complete version of this code section click here.

1) My neighbor plays their stereo very loud after 11 pm at night. Is this a violation of the noise ordinance?

Yes, according to §75-4A(1), if the noise is audible beyond the property line between 10 pm and 8 am this would be in violation of the City Code.

§ 75-4. Excessive noise prohibited.

A. No person shall make, continue, cause, or suffer or permit to be made or continued, and the owner and the person in control of a motor vehicle and the person in control of a premises shall not suffer nor permit to be made or continued, any excessive noise. It shall be prima facie evidence of a violation of this section if noise emanating from any source, including, but not limited to, voices or other sounds caused or emitted by humans, is:

(1) Audible beyond the property line of the premises from which it emanates between the hours of 10:00 p.m. and 8:00 a.m.

(2) Audible at a distance of 50 feet beyond the property line of the premises from which it emanates between the hours of 8:00 a.m. and 10:00 p.m.

(3) Audible at a distance of 50 feet from the source if emanating from a public street, public park or other public place.

2) Are automobiles allowed to play their music as loud as they choose?

No, sound emanating from a motor vehicle is regulated by both §75-4A(3), which prohibits the noise from being audible from a distance of 50 feet and by §75-9 as outlined below.

§ 75-9. Motor vehicles.

A. Sound level.
(1) No person shall operate or cause to be operated any motor vehicle in such a manner that the sound level emitted therefrom exceeds 80 dB(A) either:
(a) At a distance of 25 feet or more from the path of the vehicle when operated on a public street or sidewalk or in a public park or other public place

(b) At or beyond the property line when operated on private property.

3) Can my neighbor work on his house late at night?

No, excessive noise which is the result of construction activities is restricted between 10 pm and 7 am as per §75-10.

§ 75-10. Construction activities.

A. No person shall engage in or permit any person to be engaged in construction activities which create excessive noise at the property limits of the construction site between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day on any day of the week, except as is permitted in Subsections B and C hereof.