The Town of Chili hereby intends to prohibit
all disturbing, excessive, or offensive noises in order to preserve,
protect, and promote the public health, safety and welfare, and the
peace, quiet, comfort, and repose of the inhabitants of the Town and
visitors thereto. This chapter is to be construed liberally but it
is not intended to be construed so as to discourage the enjoyment
by residents of normal, reasonable, and usual activities.
This chapter shall hereafter be known and cited
as the "Noise Law of the Town of Chili."
For the purpose of this chapter, the terms used
herein are defined as follows:
PERSON
Any individual, firm, association or corporation, whether
such person is the owner, lessee or charter member, its servants,
agents or employees and/or their guests.
SOUND DEVICE APPARATUS
Any radio device or apparatus or any device or apparatus
for the amplification of sounds from any radio, phonograph or other
sound-making or sound-producing device or any device or apparatus
for the reproduction or amplification of the human voice or other
sounds.
TO USE OR OPERATE ANY SOUND DEVICE OR APPARATUS IN, ON, NEAR
OR ADJACENT TO ANY PUBLIC STREET, PARK OR PLACE
To use or operate or cause to be used or operated any sound
device or apparatus in front of or outside any building, place or
premises or in or through any window, doorway or opening of such building,
place or premises abutting on or adjacent to any public street, park
or place where the sounds therefrom may be heard upon any public street,
park or place or from any stand, platform or other structure or from
any airplane or other device used for flying, flying over the Town,
or in any boat or on the waters within the jurisdiction of the Town
or anywhere on or in the public streets, parks or places.
UNNECESSARY
That which is not required by usual circumstances.
USUAL
The normal noise range for a particular type of vehicle or
mechanism.
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. Activities from federal, state, or local government-sponsored
celebrations, activities, or events.
C. Activities in buildings of public use, parks, or playgrounds,
under permission or authority of the Town Board.
D. The 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.
F. The use of snow blowers, lawn mowers, and domestic
power tools.
G. Noise generated by the installation and maintenance
of utilities.
H. The discharge of firearms for the purposes of hunting
during the hours permitted by New York State law.
J. Noise from emergency construction for which a permit
has been issued by the Town Code Enforcement Officer.
The Monroe County Sheriff's Department, New
York State Police, or other police agencies shall enforce the provisions
of this chapter.
[Amended 6-14-2023 by L.L. No. 2-2023]
Any person who violates any provision of this
chapter shall be guilty of a violation and shall be subject to a fine
of not less than $50 and not to exceed $250 for the first offense
and shall be subject to a fine of not less than $250 for subsequent
offenses. The Town of Chili may also seek injunctive relief to prevent
the continued violation of this chapter.