Tonawanda, NY Noise Ordinances: Aircraft Noise (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?
Can a business use a plane to advertise with sound over Tonawanda?
What's the penalty if a business violates the aircraft-advertising noise rule?
Sources & Official References
Other rules in Tonawanda
New York rules heatmap·Compare Tonawanda to another location·View the New York noise ordinances overview
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