Making and creating disturbing, excessive or
offensive noises within the Town of Wheatland (called "the Town")
is persisting, and the level and frequency of noise continues to increase.
It is hereby declared the policy of the Town Board to prevent all
such noises, which are detrimental to the public health, comfort,
safety and welfare of the residents of the Town. Every resident is
entitled to an environment which is free from disturbing, excessive
or offensive noise which is detrimental to the quiet, peaceful enjoyment
of property and lawful activities. This chapter is to be construed
literally, but it is not intended to be construed to discourage normal,
reasonable or usual activities or property use.
[Added 4-17-2014 by L.L. No. 2-2014]
As used in this chapter, the following terms shall have the
meanings indicated:
ALL-TERRAIN VEHICLE or ATV
Any motor vehicle, designed for off-highway use and designed
to travel on not less than three low-pressure tires, having a seat
or saddle designed to be straddled by the operator and handlebars
for steering control. As used in this chapter, "all-terrain vehicles"
shall mean all-terrain vehicles and utility-terrain vehicles.
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network, the level of which so read
is designated dB(A) or dBA.
MOTORCYCLE
An unenclosed motor vehicle having a saddle for the use of
the operator and two or three wheels in contact with the ground, including
but not limited to motor scooters and mini-bikes.
NOISE
Any sound that annoys or disturbs humans or causes or tends
to cause an adverse psychological or physiological effect on humans.
NOISE DISTURBANCE
Any sound that endangers or injures the safety or health
of humans or animals, annoys or disturbs a reasonable person of normal
sensitivities, or endangers or injures personal or real property.
A sound level in excess of 85 dB(A) measured at a residential property
line shall be considered a noise disturbance.
UTILITY-TERRAIN VEHICLE
Any motor vehicle with four or more low-pressure tires designed
for off-highway use having bench or bucket seating for each occupant
and a steering wheel for control. As used in this chapter, "all-terrain
vehicles" shall mean all-terrain vehicles and utility-terrain vehicles.
The following acts are declared to be loud,
disturbing and unnecessary noises in violation of this chapter, but
said enumeration shall not be deemed to be exclusive, namely:
A. Sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle, except as a danger signal; the sounding
of a multitoned or musical horn; the creation by means of any such
signal device of any unreasonably loud or harsh sound and the sounding
of such device for an unnecessary and unreasonable period of time,
except that this subsection shall not apply to vehicles of the Fire
Department, law enforcement agencies, other municipal departments
or emergency vehicles of public service corporations or ambulances.
B. Playing of any radio, television, musical instrument
or other machine or device for the producing, reproducing or amplification
of sound in such a manner or with such volume, particularly between
the hours of 11:00 p.m. and 7:00 a.m., as to annoy the quiet, comfort
or repose of persons in any dwelling. It shall be prima facie evidence
of a violation of this section if the sound emanating from such machine
or device is:
(1) Audible beyond the property line of the premises upon
which it is being used between the hours of 11:00 p.m. and 7:00 a.m.
(2) Audible at a distance of50 feet beyond the property
line of the premises upon which it is being used between the hours
of 7:00 a.m. and 11:00 p.m.
(3) Audible at a distance of 50 feet from such machine
or device if operated from a motor vehicle on a public street, parking
lot or other public property.
C. Keeping of any animal or bird which, by causing frequent
or long-continued noise, disturbs the comfort and repose of any person
in the vicinity.
D. Using any motor vehicle so as to create any loud or
unnecessary grating, grinding, rattling or any other noise which disturbs
the comfort and repose of any person in the vicinity.
E. Discharging into the open air the exhaust of any steam
engine, stationary internal-combustion engine, air compressor or motor
vehicle or motorboat engine or the making of a mechanical noise by
a compressor or refrigeration unit, except through a muffler or other
device which will effectively prevent loud or explosive noises.
F. Operating of power equipment (except the operation
of snow removal equipment or emergency power equipment) in residential
zones between the hours of 9:00 p.m. and 7:00 a.m.
G. Any unnecessary noise from any sources which is of
such character, intensity and duration as to be detrimental to the
life or health of any individual or contrary to public welfare especially
between the hours of 9:00 p.m. and 7:00 a.m. "Unnecessary" shall be
defined as that which is not required by usual circumstances.
H. The erection, alteration or repair of any building,
including excavation and demolition, other than between 7:00 a.m.
and 8:00 p.m. except in matters involving public safety or emergencies.
I. The operation of a generator for residential use where
public services are available, except in the case of emergency when
public services are shut down.
[Added 10-6-2005 by L.L. No. 2-2005]
J. Motor vehicle or motorboat repairs and testing. No person shall repair,
rebuild, modify, idle, run, accelerate or test any motor vehicle or
any auxiliary equipment attached to such vehicle, motorboat or aircraft
in such a manner as to cause a noise disturbance across a residential
real-property boundary between the hours of 11:00 p.m. and 7:00 a.m.
[Added 4-17-2014 by L.L. No. 2-2014]
K. ATV and motorcycle. No person shall operate or permit the operation
of powered motor vehicles so as to create a noise disturbance across
a residential real property boundary. Maximum sound levels for ATVs
and motorcycles shall not exceed 85 dB(A) and shall be measured at
a distance of 50 feet (15 meters) from any point on the path of the
vehicle.
[Added 4-17-2014 by L.L. No. 2-2014]
L. No person shall operate or cause or allow to be operated any motor
vehicle or motorcycle not equipped with a muffler or other sound-dissipative
device in good working order and in constant operation. No person
shall remove or render inoperative or cause or allow to be removed
or rendered inoperative, other than for purposes of maintenance, repair
or replacement, any muffler or sound-dissipative device on a motor
vehicle or motorcycle.
[Added 4-17-2014 by L.L. No. 2-2014]
The provisions of this chapter shall not apply
to the following acts:
A. The emission of sound for the purpose of alerting
persons to the existence of an emergency.
B. Noise from the Town-sponsored celebrations or events.
C. Noise from non-Town-sponsored events that have been
authorized by the Town Board of the Town of Wheatland.
D. Operation or use of any organ, radio, bell chimes
or other instrument, apparatus or device by a church, synagogue or
school licensed or chartered by the State of New York.
E. Noise generated by the installation and maintenance
of utilities.
F. Noise generated by any use from commercial or industrial
zoned property that existed prior to the adoption of this chapter.
However if said use is terminated, abandoned or discontinued for a
continuous period of six months, then said use shall be subject to
the provisions of this chapter.
G. Noise from emergency construction for which a permit
has been issued by the Town Code Enforcement Officer.
H. Normal or emergency Town equipment operated by the
Town or equipment operated by its contractual vendees.
J. Discharging of firearms for the purpose of hunting
during the hours and locations permitted by state and local law.
[Added 9-17-2015 by L.L.
No. 1-2015]
Violations of Chapter
91 may be enforced by the designated Town Code Enforcement Officer or members of the Monroe County Sheriff's Department, New York State Police or other peace officers in connection with their duties imposed by law.