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Tonawanda, NY Noise Ordinances: Aircraft Noise (2026)

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

Key Facts

Scope
Advertising noise by aircraft only
Governing section
§ 133-5D, Chapter 133 Noise
General overflight noise
Not locally regulated; FAA controls airspace
Max penalty
$250 fine or 15 days jail
Adopted
April 2, 1984 by Town Board

Summary

The Town of Tonawanda doesn't regulate general aircraft overflight noise, federal law preempts that, but its Noise Local Law does ban using aircraft to make advertising noise over the town. Section 133-5D lists noise 'for advertising purposes ... by means of aircraft' among the specific acts the Town Board declared a loud, disturbing or excessive noise violation in 1984.

D. The making of any noise for advertising purposes in any street or public place, or by means of aircraft. The advertisement or calling attention to any advertisement, article, business, calling or profession upon any street, sidewalk or entrance to a place of business by means of any horn, megaphone, siren, bell, radio or any other sound-producing or sound-amplifying mechanism, instrument or device.

Full Breakdown

Chapter 133, the Noise Local Law the Town Board adopted April 2, 1984, addresses aircraft only within its advertising-noise provision. Section 133-5D declares it a violation to make any noise for advertising purposes in any street or public place, or by means of aircraft, extending to any advertisement or calling attention to a business, article, calling or profession by horn, megaphone, siren, bell, radio or other sound-producing or sound-amplifying mechanism. The provision does not create a general ban on aircraft flying over or near the town, set flight-path restrictions, or establish a curfew on airport operations: the Federal Aviation Administration controls navigable airspace and preempts most local aircraft-noise regulation, which is why the town's code speaks only to the narrow act of using an aircraft as an advertising-noise device, such as a plane towing a loud sound system or broadcasting advertising audio while flying over town.

The general prohibition at § 133-4, barring any excessive, loud or disturbing noise within the town's corporate limits outside the Village of Kenmore, still applies to any noise-disturbance complaint that doesn't fit squarely within the advertising-specific rule. Enforcement runs through the Town of Tonawanda Police Department and Building Department under § 133-8, with tickets issued by sworn police officers or the Supervising Code Enforcement Officer.

Violations & Fines

Violating the advertising-by-aircraft noise ban is punishable under § 133-9 like any other Chapter 133 offense: a fine of up to $250 or up to 15 days' imprisonment, or both, with each day of continued violation charged as a separate offense against the operator or business responsible for the noise.

Frequently Asked Questions

Does the Town of Tonawanda regulate airplane noise overhead?
Not in general. Federal law gives the FAA control of navigable airspace, so the town's code has no flight-path or overflight-noise rule. Its only aircraft-specific provision, § 133-5D, bans using an aircraft to make advertising noise over the town, not ordinary air traffic noise.
Can a business use a plane to advertise with sound over Tonawanda?
No. Section 133-5D lists noise for advertising purposes by means of aircraft as a prohibited loud or disturbing noise under Chapter 133, alongside advertising by horn, megaphone, siren or amplified radio on the ground. A violation carries the same fine as other noise offenses.
What's the penalty if a business violates the aircraft-advertising noise rule?
Section 133-9 applies: a fine up to $250 or up to 15 days in jail, or both, with each day of continued violation counted as a separate offense, enforced by the Town of Tonawanda Police Department and Building Department.

Sources & Official References

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