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Cheektowaga, NY Noise Ordinances: Aircraft Noise (2026)

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

Key Facts

Exempt sound sources
trains, buses, aircraft, § 166-9A(4)
Regulatory authority
state and federal noise regulations
Local Chapter 166 penalty
none applies to aircraft
Legislative intent
supplement, not duplicate, federal/state rules, § 166-9B

Summary

Cheektowaga's noise ordinance carves out aircraft, along with trains and buses, as sounds governed by state or federal regulation instead of Town rules. Chapter 166's general prohibitions and decibel tables simply don't reach aircraft noise, so a resident near a flight path has no local ordinance to invoke against overflights.

The following sounds are exempt from the operation of this chapter: ... (4) Trains, buses, aircraft or other items of transportation governed by either the state or federal noise regulations;

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

' That means none of the chapter's operative provisions, the general nuisance prohibition in § 166-4, the specific prohibitions in § 166-5, or the Table I decibel limits in § 166-6, apply to aircraft noise; jurisdiction instead rests with the Federal Aviation Administration and applicable state transportation noise standards. The exemption sits alongside eight other carve-outs in the same subsection, covering emergency vehicles on calls, Town-permitted parades and fireworks, emergency construction, emergency alarms before a reasonable chance to silence them, church bells, parade or funeral music, municipal refuse collection, and routine maintenance on Town-owned facilities.

Section 166-9B states the Town Board's intent that the chapter supplement federal and state noise regulation rather than duplicate or override it, consistent with federal preemption of aircraft noise regulation generally. Because there is no local aircraft-noise standard, residents near flight paths have no Town Code section to cite for overflight complaints; those complaints route to the airport authority or the FAA rather than to Cheektowaga's Building Inspection Department or Police Department, the agencies that enforce the rest of Chapter 166.

Violations & Fines

There is no Town penalty for aircraft noise because § 166-9A(4) removes it from Chapter 166 entirely. No fine, ticket, or Building Inspection Department citation applies under the local ordinance; enforcement authority over aircraft noise belongs to the Federal Aviation Administration and state transportation regulators, not the Town of Cheektowaga.

Frequently Asked Questions

Can I file a noise complaint against low-flying planes in Cheektowaga?
Not under the Town Code. Section 166-9A(4) exempts aircraft, along with trains and buses, from the entire Noise Law because those sources are governed by state and federal noise regulations instead. Aircraft noise complaints go to the airport authority or the FAA, not the Town's Building Inspection Department.
Why doesn't Cheektowaga regulate aircraft noise locally?
Section 166-9B states the Town Board's intent that Chapter 166 supplement, not replace, federal and state noise regulation. Aircraft noise falls under federal aviation authority, so the Town excluded it from its own decibel tables and specific prohibitions rather than create a local standard that could conflict with FAA rules.
Does the exemption cover all transportation noise, not just aircraft?
Yes. Section 166-9A(4) exempts trains and buses along with aircraft, as items of transportation governed by state or federal noise regulations. The same subsection separately exempts emergency vehicle sirens, so most transportation-related sound sources sit outside Cheektowaga's local noise standards entirely.

Sources & Official References

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