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Amherst, NY Noise from Specific Sources: Delivery Truck Noise (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Weight threshold
Over 10,000 lbs GVWR
Restricted hours
9:00 p.m. to 7:00 a.m.
Idling limit
15 minutes per hour
Enforcing agency
Amherst Police Department
Maximum fine
$250 per day
Exemption
Emergency and utility vehicles on duty

Summary

Amherst's noise code bars idling trucks over 10,000 pounds GVWR near homes overnight. Under Town Code § 138-5I, running the engine or attached equipment for more than 15 minutes in any hour between 9 p.m. and 7 a.m., loud enough to be heard on residential property, is a prohibited noise. Emergency and utility vehicles working emergencies are exempt.

The operation of any motor vehicle with a gross vehicle weight rating in excess of 10,000 pounds, or any auxiliary equipment attached to such motor vehicle, for a period longer than 15 minutes in any hour while the vehicle is stationary for reasons other than traffic congestion, so that the sound emanated therefrom is audible on property being used for residential purposes between the hours of 9:00 p.m. and 7:00 a.m. of the following day. This provision shall not apply to authorized emergency vehicles or to public utility vehicles actually engaged in emergency operations.

Full Breakdown

Chapter 138 of the Amherst Town Code opens with the Town Board's finding that unreasonable noise threatens the comfort, health and welfare of residents, and it enumerates specific acts that count as violations rather than relying on a single decibel rule. m. The exemption is narrow: authorized emergency vehicles and public utility vehicles actually engaged in emergency operations are excused, but a parked delivery truck idling outside a home at midnight is not. Enforcement runs through the Amherst Police Department under § 138-7, which requires officers to use an ANSI Type II sound-level meter, calibrated at least annually, operated by Town personnel approved by the Chief of Police, when the decibel provisions of the chapter's separate land-use table are at issue; the heavy-vehicle idling rule itself is a straightforward time-and-duration test that does not require a meter reading.

Violations are prosecuted under § 138-8, and the chapter treats each day of continued idling as a separate offense, so a delivery company that lets trucks idle outside residences night after night can face repeated fines rather than a single charge.

Violations & Fines

A first offense is punishable by a fine of up to $250 or up to 15 days in jail, or both, under § 138-8, with every day of continued violation charged as a separate offense. The Amherst Police Department enforces the chapter and can issue a summons directly off a complaint documenting the idling time and residential impact.

Frequently Asked Questions

Does the idling limit apply to all trucks in Amherst?
No. It only applies to a motor vehicle with a gross vehicle weight rating over 10,000 pounds, or equipment attached to it, that sits stationary for more than 15 minutes in an hour between 9 p.m. and 7 a.m. and is audible on residential property, per § 138-5I of the Town Code.
Are garbage trucks or delivery trucks exempt?
Only authorized emergency vehicles and public utility vehicles actually engaged in emergency operations are exempt under § 138-5I. Refuse-collecting vehicles are separately restricted overnight by § 138-5K, and ordinary delivery trucks get no exemption for overnight idling near homes.
Who investigates a noise complaint about an idling truck?
The Amherst Police Department enforces Chapter 138 under § 138-7. Officers use a calibrated ANSI Type II sound-level meter for decibel-based complaints, though the heavy-vehicle idling rule in § 138-5I is a time-and-duration standard that doesn't require a meter reading to enforce.

Sources & Official References

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