[HISTORY: Adopted by the Town Board of the Town of Pittsford 8-5-2003
by L.L. No. 3-2003. Amendments noted where applicable.]
Subject to the provisions of this chapter, the creation of any unreasonably
loud, disturbing and unnecessary noise in the Town of Pittsford is prohibited.
Noise of such character, intensity and duration as to be detrimental to the
life or health of any individual is prohibited.
A.
The following acts, among others, 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:
(1)
The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle, except as a danger signal; the sounding
of a multi-toned 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.
(2)
The 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, hotel or other type of residence. It shall be prima facie
evidence of a violation of this section if the sound emanating from such machine
or device is:
(a)
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.
(b)
Audible at a distance of 50 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.
(c)
Audible at a distance of 50 feet from such machine or
device if operated from within a motor vehicle on a public street, parking
lot or other public property.
(3)
The 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.
(4)
The use of 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.
(5)
The discharge into the open air of 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 therefrom.
B.
For purposes of this chapter the term “motor vehicle”
shall include every device in, upon or by which any person or property is
or may be transported or drawn, which is propelled by any power other than
muscular power, except vehicles which run only upon rails or tracks. This
definition shall include but not be limited to trucks, buses, automobiles,
vans, motorcycles, motor scooters, dune buggies, snowmobiles, all-terrain
vehicles, go-carts, minibikes, trail bikes and all other types of motorized
vehicles or devices.
The provisions of this chapter shall not apply to the following:
A.
Funeral processions or use of such devices by a church.
B.
The production of music in connection with any parade
authorized under any provision of law.
C.
Special events, such as the Memorial Day Parade, Positively
Pittsford, Buffalo Bills Parade, Pittsford Celebrates, Summer Concert Series
at the Port of Pittsford Park, annual church festivals and other events, activities,
carnivals, festivals, picnics, fundraisers, block parties, races, walks or
gatherings of individuals that are required to obtain a permit or authorization
from either the Town Board, Town Clerk, Department of Public Works, Building
Department, Department of Human Services, Fire Marshal, Department of Public
Safety or the Monroe County Department of Health, so long as such activities
are being conducted according to the terms of the permit. This subsection
does not apply during the hours of 11:00 p.m. through 9:00 a.m. of the following
day. During these hours this chapter shall apply.
D.
The use of amplifiers or other sound-producing instruments
or equipment in connection with any religious or political activity or any
permitted athletic competition or recreational event held on athletic fields
or stadiums within the Town, so long as the use of said amplifiers or other
sound-producing instruments or equipment are permitted for use on the property.
E.
Agricultural activities.
F.
The discharge of firearms for the purposes of hunting
during the hours and locations permitted by state and local law.
G.
Other official law enforcement activities.
A.
Any person who violates any portion of this chapter or
harbors any device which creates a violation of this chapter shall be guilty
of a violation and, upon conviction, shall be punished by a fine of not less
than $150 nor more than $350 or by imprisonment for up to 15 days, or both.
B.
The owner of any property and any person, firm, association
or corporation in control of the real property or motor vehicle where the
violation(s) of this chapter occur(s) shall be guilty of a separate violation
and, upon conviction thereof, shall be fined or imprisoned as herein provided.
C.
A separate offense shall be deemed committed on each
day during which a violation occurs or continues.
