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Cheektowaga, NY Noise from Specific Sources: HVAC & Mechanical Noise (2026)

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

Key Facts

Governing section
Town Code § 166-5H
Covers
HVAC apparatus, pumps, fans, other machinery
Numeric ceiling
55-75 dBA per Table I, § 166-6
Variance available
Apply to Town Board, § 166-11
First-offense fine
Up to $250 or 15 days jail

Summary

Running an air-conditioning unit, pump, fan, or other mechanical device so it creates a noise disturbance above Table I's sound limits violates Code § 166-5H. The rule reaches both fixed HVAC equipment and other machinery, measured in dB(A) at the real property boundary under § 166-6.

H. Machinery. The operation of any machinery, equipment, pump, fan, air-conditioning apparatus or other mechanical device in such a manner as to create a noise disturbance which exceeds maximum permissible sound levels in Table I herein.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).

Full Breakdown

Section 166-5H, one of the Noise Law's specific prohibitions, makes it a violation to operate any machinery, equipment, pump, fan, air-conditioning apparatus, or other mechanical device in a manner that creates a noise disturbance exceeding the maximum permissible sound levels in Table I, referenced back to § 166-6. ) and 50 dBA overnight, while sources on business or manufacturing land may run to 65 or 75 dBA depending on zoning and time. 'Noise disturbance' is defined at § 166-3 as sound that annoys or disturbs a reasonable person of normal sensitivity, or that is loud, unusual, and audible outside the structure or property line where it originates.

is presumptive evidence of noncompliance under § 166-8A. A resident can seek a variance for equipment that cannot practically meet the limits by filing an application with the Town Board under § 166-11.

Violations & Fines

A first conviction for exceeding the machinery noise limits carries a fine up to $250, up to 15 days in jail, or both, under § 166-13A. The property owner or person controlling the equipment when the violation occurs is separately liable, and each day the air conditioner, pump, fan, or other device runs above the Table I limit is a distinct offense.

Frequently Asked Questions

Can my neighbor's air conditioner be reported for being too loud?
Yes. Section 166-5H bars operating air-conditioning apparatus, or any pump, fan, or mechanical device, in a way that creates a noise disturbance exceeding Table I's sound limits, which range from 55 dBA in a residential daytime zone up to 75 dBA near manufacturing land.
What can a business do if its HVAC equipment cannot meet the noise limit?
It can apply to the Town Board for a variance under § 166-11, submitting plans, specifications, and the sound characteristics of the equipment. The Board weighs the hardship of compliance against the noise impact on neighbors before granting or denying the request, and may impose conditions.
How is HVAC noise measured for enforcement purposes?
The Building Inspection Department or Police Department uses a calibrated ANSI Type II sound-level meter, applying the A-weighted network defined at § 166-3, and takes the reading at the real property boundary under § 166-6A to compare against Table I's limits.

Sources & Official References

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