[HISTORY: Adopted by the Town Board of the Town of Lewisboro 5-9-1989 by L.L. No.
3-1989. Amendments noted where applicable.]
This chapter shall be known as the "Town of Lewisboro Noise
Control Law."
It is the purpose of this chapter to prevent unreasonable, unreasonably
loud, disturbing or unnecessary noise which unreasonably interferes
with the sleep, comfort, repose, health or safety of others.
As used in this chapter, the following terms shall have the
meanings indicated:
One or more natural persons of either sex, corporations,
partnerships, associations, membership societies and all other entities
capable of being sued.
Any vehicle which is propelled or drawn on land or on the
frozen surface of a lake by a motor, such as but not limited to passenger
cars, trucks, truck-trailers, semitrailers, campers, go-carts, snowmobiles,
amphibious craft on land, dune buggies, all-terrain vehicles, racing
vehicles and motorcycles.
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any amplified musical instrument, radio, television, tape recorder,
phonograph, loudspeaker, public-address system or any other sound-amplifying
device.
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures or endangers or interferes with the
sleep, comfort, repose, health or safety of a reasonable person of
normal sensitivities or which causes injury to animal life or damage
to property or business.
No person shall make, cause or permit to be made any unreasonable,
unreasonably loud, disturbing or unnecessary noise within the geographical
boundaries of the Town of Lewisboro.
The following acts and the causes thereof are declared to constitute
unreasonable, unreasonably loud, disturbing or unnecessary noise:
A.
The use of any sound reproduction device inside a structure in such
a manner as to result in the sound or any part thereof from such device
to be projected therefrom outside of the structure or out of doors
and heard from any residential dwelling.
B.
The creation of noise in connection with the loading or unloading
of any vehicle between 7:00 p.m. and 8:00 a.m. on any day and at any
time on Sunday.
C.
The operation of any sound reproduction device on any boat or other
vessel so that the sound therefrom is audible on land.
D.
In the process of any construction, drilling or demolition operations,
between the hours of 7:00 p.m. and 7:00 a.m. the following day or
at any time on Sunday, to operate or use any tools, pile driver, pneumatic
hammer, tractor, derrick, electrical hoist, gasoline- or electric-powered
saw or other mechanical apparatus or equipment, the use of which is
attended by noise.
E.
The keeping of any animal or bird which, by causing noise, shall
annoy or disturb the quiet, comfort or repose of a reasonable person
of normal sensitivities.
F.
The playing of music or a sound reproduction device or the operation
of any radio, television receiver or phonograph in such a manner and
with such volume, between the hours of 11:00 p.m. and 8:00 a.m. the
following day, of a degree as to annoy or disturb the quiet, comfort
or repose of a reasonable person of normal sensitivities in any dwelling
or residence.
G.
The creation of any sound or noise from any device known as a "sound
truck" or motor vehicle containing an amplifying system, whereby sounds,
music or words are transmitted upon the public streets or highways.
H.
The sounding of any horn or other auditory signaling device on or
in any motor vehicle except to serve as a danger warning.
I.
The operation of any self-propelled vehicle or boat which creates
a noise of a degree so as to annoy or disturb the quiet, comfort or
repose of a reasonable person of normal sensitivities.
J.
The shouting, crying or bellowing of peddlers, hawkers and vendors.
K.
The use of any drum, loudspeaker or other instrument or device for
the purpose of attracting attention to any business.
L.
Yelling or shouting at any time or place so as to annoy or disturb
the quiet, comfort and repose of a reasonable person of normal sensitivities.
M.
Any other excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, except that the enumerated provisions of Subsections A through L of this section shall govern and regulate the actions and activities therein prohibited and nothing contained in this subsection shall apply to those actions and activities set forth in Subsections A through L of this section.
The owner, tenant and person in charge of the premises on which
a violation under the provisions of this chapter has been committed
shall be deemed to have permitted such violation on the subject premises
and, as such, shall be guilty of such violation.
A.
Nothing contained in this chapter shall be construed to prevent the
production of music or the use of an amplifying system in connection
with any military, civic or authorized parade, religious ceremony
or at any school-sponsored or municipally sponsored activities.
B.
The provisions of this chapter shall not apply to the sounding of
bells, horns, sirens or any other instruments by a fire apparatus
or station, police or any other vehicle or person in the event of
an emergency or other such condition or situation.
C.
The provisions of this chapter shall not apply to sounds created
by church bells or chimes.
The Town Board is hereby authorized, by resolution, to suspend
any of the provisions of this chapter in connection with any holiday
celebration or upon any occasion of special public interest, for such
time and upon such conditions as shall be prescribed by the Town Board.
A.
Any person violating § 160-5A of this chapter shall be guilty of a violation punishable by a fine of not less than $25 and not more than $500 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment, if the structure from which the subject sound is projected is a residential dwelling.
B.
Any person violating § 160-5A of this chapter shall be guilty of a violation punishable by a fine of not less than $100 and not more than $1,000 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment, if the structure from which the subject sound is projected is other than a residential dwelling.
