[HISTORY: Adopted by the Town Board of the Town of Naples
as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-9-2010 by L.L. No. 2-2010]
This article shall hereafter be known as the "Outdoor Amplified
Sound Regulation Law."
The purpose of this article is to limit the hours of use of
outdoor electronically applied sound in the Town of Naples, outside
the Village of Naples. The Town Board finds that excessive noise in
the nighttime hours, particularly sound that is amplified electrically
or electronically, is contrary to the general welfare of the public.
This article is enacted pursuant to the provisions of the Municipal
Home Rule Law of the State of New York.
Except as provided in § 114-5 of this article, no person shall at any time permit or allow any electrically or electronically amplified sound through speakers located outside an enclosed building within any portion of the Town of Naples not a part of the Village of Naples, between the hours of 11:00 p.m. and 7:00 a.m. of any day.
A.
The Town Board may, upon application and subsequent to public hearing
held upon 10 days' notice, published and posted, issue an exemption
permit allowing electrically or electronically amplified sound through
speakers located outside an enclosed building between the hours of
11:00 p.m. and 7:00 a.m. on a particular day or days.
B.
An application for an exemption permit must be submitted to the Town
Clerk not less than 60 days prior to the date, or first date, for
which the exemption permit is sought. The application for an exemption
permit shall contain:
(1)
Name of applicant(s);
(2)
Name of owner of property for which the exemption permit is sought;
(3)
Exact address of property;
(4)
Date(s) and time(s) of the proposed outdoor electrically or electronically
amplified sound;
(5)
Nature of event and type of sound proposed to be electrically or
electronically amplified outdoors;
(6)
Estimated maximum number of persons expected to attend the event.
C.
The Town Board shall render a determination within 45 days of receipt
of the completed application for an exemption permit. Upon determination
by the Town Board, the applicant shall be notified by written notice
of that determination. In the event that the exemption is granted,
the Town Clerk shall issue a permit containing the date(s), time(s),
exact location, name of property owner and name of the sponsor of
the event. Such permit shall state the approval of the Town Board,
be dated and be signed by the Town Clerk.
A.
Any peace officer or police officer employed by an agency having
jurisdiction within the Town of Naples shall have the authority to
enforce the provisions of this article and may also investigate and
file complaints with the Town Justice of the Town of Naples with respect
to any violation hereof.
B.
Any violation of the provisions hereof shall be subject to prosecution
pursuant to the Criminal Procedure Law of the State of New York and
is designated as a "violation" as defined by § 10.00.3 of
the Penal Law of the State of New York, with maximum penalties of
15 days in jail and/or a fine of $250 for each offense.
