[HISTORY: Adopted by the Town Board of the Town of Barton 9-15-1980.
Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 61.
This chapter shall be known as the "Noise Control Ordinance of the Town
of Barton."
It is found and declared that:
A.
The making and creation of loud or disturbing noise within
the limits of the Town of Barton is a condition which has existed for some
time, and the extent and volume of such noises is increasing.
B.
The making, creation or maintenance of such loud or disturbing
noises which are prolonged, unusual or unnatural in their time, place and
use affect and are a detriment to the health, comfort, convenience, safety,
welfare and prosperity of the residents of the Town of Barton.
C.
It is hereby declared as a matter of legislative determination
and public policy that the provisions and prohibitions hereinafter contained
and enacted are in the public interest and in pursuance of and for the purpose
of securing and promoting the health, comfort, convenience, safety, welfare
and prosperity of the residents of the Town of Barton.
As used in this chapter, the following terms shall have the meanings
indicated:
Those noises enumerated in § 101-4 hereof.
Any sound which produces a sound level of 70 decibels or more as
measured on the A scale of a standard sound-level meter having characteristics
defined by the American National Standards Institute specifications for sound
level meters S1.4-1971, as amended, said sound level being measured by a microphone
placed no closer than a distance of 50 feet plus or minus five feet from any
property line of the premises on which the sound occurs.
Any apparatus or device for the making, reproducing or amplification
of the human voice or other sounds, including but not limited to television
and radio receiving sets, phonographs, musical instruments, loudspeakers,
sound amplifiers and other machines and devices for the production or reproduction
of sound.
That portion of the Town of Barton, Tioga County, New York, located
outside the boundaries of the Village of Waverly.
That which is not required by the usual circumstances.
The following acts are declared to be disturbing noises in violation
of this chapter:
A.
Horns, signaling devices, etc. The sounding of any horn
or signaling device on any automobile, motorcycle, bus or other vehicle while
stationary except as a danger signal or warning signal; the sounding of any
such horn or signaling device for an unnecessary period of time.
B.
Yelling, etc., in public places. Yelling, shouting, crying,
hooting, whistling or singing between the hours of 11:00 p.m. and 9:00 a.m.,
prevailing time, in, on, near or adjacent to any public street, road, park
or place in the Town of Barton, so as to be distinctly audible upon any such
street, park or place in the Town of Barton.
C.
Sound devices at night. The using or operating of (or
permitting to be played, used or operated) any sound device between the hours
of 11:00 p.m. and 9:00 a.m., prevailing time, in such a manner as to be plainly
audible at a distance of 50 feet from any property line of the premises on
which sound occurs.
D.
Sound devices in public places. The using or operating
of (or permitting to be played, used or operated) any sound device for commercial
or business purposes at any time or for any purpose between the hours of 11:00
p.m. and 9:00 a.m., prevailing time, in, on, near or adjacent to any public
street, park or place in the Town of Barton so as to be distinctly audible
upon any such street, park or place in the Town of Barton.
E.
Animals. The keeping of any animal or bird which causes
frequent or long-continued noise plainly audible at any adjoining property
line or permitting any animal so kept to cause such noise.
F.
Exhausts. The discharge into the open air of the exhaust
of any device, including but not limited to any steam engine, motor vehicle
engine or stationary internal combustion engine, except through a muffler
or other device which will effectively prevent loud or explosive noises therefrom.
G.
Snowmobiles, minibikes, etc. The operation of snowmobiles, minibikes, motorcycles or similar devices between the hours of 11:00 p.m. and 9:00 a.m., prevailing time, on private property closer than 200 feet to any residences (except the residence of the owner or operator thereof or any residences to which the owner or operator thereof may be invited). This subsection shall not apply to the provisions of § 112-5E of Chapter 112, Recreational Motor Vehicles, of the Code of the Town of Barton.[1]
No person shall make, continue or cause or permit to be made or continued
in the Town of Barton any loud or disturbing noise.
The following sounds shall not be deemed a violation of this chapter:
