[HISTORY: Adopted by the Town Board of the Town of Hamlin 10-14-1996 by L.L. No.
5-1996 (Ch. 75 of the 1987 Code); amended in its
entirety 3-13-2023 by L.L. No. 2-2023. Subsequent amendments noted where
applicable.]
Problems concerning the disturbance of peace and quiet by noise
from various activities are best solved by thoughtful discussion and
cooperative agreements between affected parties. However, to resolve
remaining problems of noise which is disturbing to others, it is the
policy of the Town of Hamlin to establish some standards, enforcement
procedures and penalties. It is hereby declared to be the policy of
the Town to prevent certain noises that make it difficult for residents
within the privacy of their homes to be free from intrusive unwanted
sounds.
As used in this chapter, the following terms shall have the
meanings indicated:
Sound which is annoying, causes alarm, disturbs a reasonable
person of reasonable sensitivity, unreasonably causes public inconvenience,
or unreasonably disturbs the quiet use and enjoyment of one's
life and property. Such sound includes but is not limited to mechanically
increased volume of sounds of the human voice, musical instruments,
recorded music, or any other mechanically enhanced sound-producing
or -reproducing device, apparatus or device.
Excessive noise also includes incessant or repeated sounds that
have the effect of disturbing the welfare, comfort, peace and quiet
of the community, or any sound in excess of 85 decibels.
A motor-driven machine commonly used to move a person from
place to place and shall include every such machine capable of being
legally driven upon a public highway other than by muscular power
alone. The term "motor vehicle" shall also include snowmobiles, dirt
bikes and all-terrain vehicles (ATVs) but shall exclude farm machinery
and emergency vehicles such as fire trucks and ambulances.
Any sound capable of being heard through the closed windows
and doors of a bedroom, living room or den of a house located 50 feet
or more from the source of the device emitting the sound.
Any muffler, baffle, packing material or metal tubing placed
in the exhaust system of a gasoline or diesel engine to reduce the
sound emitted by the engine while in operation.
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.
Any radio device or apparatus or any device or apparatus
or 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.
A machine that is being operated continuously or intermittently
from one location even though the machine may be capable of being
moved to a different location.
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.
That which is not required by usual circumstances.
Any disturbing, excessive or offensive sound that disturbs
a reasonable person of normal sensitivities.
The normal noise range for a particular type of vehicle or
mechanism.
This chapter shall not apply to the operation or use of any
organ, bell, chimes or other instrument, apparatus or device by any
church, school or municipal facility, warning devices on machinery
used to provide emergency services, OSHA-required warning devices
or to farm machinery found to be sound practice by the New York State
Commissioner of Agriculture. This chapter shall also not apply to
any noise created during events sponsored by any church, school, local
government entity, veterans' organization or organizations responsible
for providing emergency services to the Town.
A.
Excessive noise. No person shall make, continue or cause to be made
or continued any excessive noise.
B.
Noise from vehicles. No person shall operate a motor vehicle:
(1)
Which is equipped with noise control devices that have been altered
or modified to emit more noise than the noise control devices originally
supplied by the manufacturer of the vehicle;
(2)
Which is equipped with noise control devices that have not been maintained
to good working order; or
(3)
Which is in violation of the New York State Vehicle and Traffic Law.
C.
Noise from sound reproduction. No person shall operate a television,
phonograph, tape recorder, CD player, electrified musical instrument,
sound amplifier or similar device which produces, reproduces or amplifies
sound that can be heard through the closed windows and doors of a
living room, bedroom or den in a house located 50 feet from the source
of the noise, unless:
D.
Noise from stationary machines and stationary gasoline engines. No
person shall operate a stationary machine or stationary gasoline or
diesel engine which produces sound that can be heard through the closed
windows and doors of a living room, bedroom or a den of a house located
50 feet from the source of the noise unless:
E.
No person, with the intent to cause public inconvenience, annoyance
or alarm, or recklessly creating a risk thereof, shall cause, suffer,
allow or permit to be made unreasonable noise. Unreasonable noise
is any disturbing, excessive or offensive sound that disturbs a reasonable
person of normal sensitivities.
F.
The following acts, among others, by any person are declared to be
prima facie evidence of a violation of this chapter. This enumeration
shall not be deemed exclusive.
(1)
Any unnecessary noise from any source 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. the following day.
(2)
Noise from a dog or other pet/animal that is continuously disturbing
the comfort and repose of any person in the vicinity and exceeds 15
minutes.
(3)
The use of any automobile, motorcycle or vehicle so out of repair
or so loaded or operated in such a manner as to create loud and unnecessary
noise; the making of improper noise or disturbance or operating an
automobile or motorcycle in such a manner as to cause excessive squealing
or other excessive noise of the tires.
(4)
Noise from a burglar alarm or other alarm system of any building,
motor vehicle or boat which is continuous and exceeds 15 minutes.
(5)
The erection, including excavation, demolition, alteration or repair,
of any building other than between 7:00 a.m. and 8:00 p.m., except
in cases of public safety or emergencies.
(6)
The operation of power equipment in residential zones outdoors between
the hours of 9:00 p.m. and 7:00 a.m. the following day and on weekends
between 9:00 p.m. and 8:00 a.m. the following day.
(7)
The sounding of any horn or signaling device of an automobile, motorcycle
or other vehicle for any unnecessary or unreasonable period of time.
A.
A first-time violator will be issued a warning to cease the offending
noise immediately. Noncompliance, after the warning, and all subsequent
offenses are punishable by a fine of not less than $100 nor more than
$250. Each day a violation continues it shall constitute a separate
offense.
B.
The Code Enforcement Officer for the Town of Hamlin or any police
officer serving the Town of Hamlin may ticket a violator and commence
an action to enjoin violation(s) of this chapter.
