[HISTORY: Adopted by the Board of Trustees of the Village of East Rochester 10-13-1998 by L.L. No. 2-1998 (Ch. 123 of the 1983 Code). Amendments noted where applicable.]
The Village Board determines that the making and creating of excessive noise within the limits of the Town/Village of East Rochester is a condition which has existed for some time, and the extent and volume of such noise is increasing.
The Village Board further determines that noise on streets, sidewalks, public parks or places is most likely to interfere with the peace and quiet of the inhabitants of the town/village and to injure human, plant and animal life, property and business.
The Village Board further determines that schools, churches, courts, hospitals, nursing homes and homes for the aged are places where special precautions must be taken in order to ensure their proper functioning.
The Village Board further determines that construction activities, sound-reproduction devices for miscellaneous purposes, loading and unloading of boxes and containers, and animals and birds are among the most frequent causes of annoying and disturbing noise.
The Village of East Rochester hereby intends to prohibit all excessive noise from all sources subject to its police power 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/village and visitors thereto and to prevent injury to human, plant and animal life, property and business, to foster the convenience and comfort of its inhabitants and to facilitate the enjoyment of the natural attractions of the town/village.
As used in this chapter, the following terms shall have the meanings indicated:
- Any act or combination of acts which actually results in the production of sound.
- The Chief of Police of the Village of East Rochester, or his designated representative.
- Any mechanism which prevents, controls, detects, measures or records the production of sound.
- A SCALE
- The measurement of sound approximating the auditory sensitivity of the human ear as measured with a sound-level meter using the A-weighting network. The unit of measurement is the dB(A).
- Any or all activity, except tunneling, necessary or incidental to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private highways, roads, premises, parks, utility lines (including such lines in already constructed tunnels) or other property, including land clearing, grading, excavating and filling.
- CONSTRUCTION DEVICE
- Any device designed and intended for use in construction, including but not limited to any air compressor, pile driver, manual tool, bulldozer, pneumatic hammer, steam shovel, derrick, crane or steam or electric host.
- C-WEIGHTED SOUND LEVEL
- The sound-pressure level, in decibels, as measured on a sound-level meter using the C-weighting network. The level so read is designated "dB(C)" or "Dbc."
- The unit of sound measurement, on a logarithmic scale, of the ratio of the magnitude of a particular sound pressure to a standard reference pressure which, for the purpose of this chapter, shall be 0.0002 microbar.
- Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.
- EMERGENCY SIGNAL DEVICE
- Any gong, siren, whistle, air horn or similar device, the use of which on emergency vehicles is permitted by the Vehicle and Traffic Law.
- EXCESSIVE NOISE
- Any sound which endangers or injures the safety or health of humans or animals or annoys or disturbs a reasonable person of normal sensitivity or endangers or injures personal or real property.
- EXHAUST SOURCE
- A system which removes and transports air or gas from a device.
- INTERNAL COMBUSTION ENGINE
- A device for the production of mechanical energy by means of the combustion under pressure of fossil fuel.
- LAND USE DESIGNATION FOR NOISE CONTROL
- The land use designation which shall consist of noise-sensitive area, Residential District, Business and Commercial District, Light Industrial District, Medium Industrial District and Heavy Industrial District. All land within the municipality shall be so classified so that one of the preceding six districts shall apply at any given property.
- MOTOR VEHICLE
- 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-driven cycles, motor scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts, minibikes, trail bikes and all other types of motorized recreational vehicles.
- A device consisting of a series of chambers of baffle plates or other mechanical design for the purpose of receiving exhaust gas from a sound source and which is effective in reducing sound levels.
- The Town/Village of East Rochester.
- Any erratic, intermittent, statistically random oscillation or unwanted sound.
- OCTAVE BAND
- All of the components in a sound spectrum whose frequencies are between two sine-wave components separated by an octave, with center frequencies as specified in Table II.
- Includes the owner of the freehold of the premises or lesser estate therein or mortgagee thereof, a lessee or agent of any of the above persons, a lessee of a device or his agent, a tenant, operator or any other person who has regular control of a device or an apparatus.
- Any individual, partnership, company, corporation, association, firm, organization, governmental agency, administration or department or any other group of individuals, or any officer or employee thereof.
- An oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that causes compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
- SOUND-LEVEL METER
- An instrument, including a microphone, amplifier, output display and frequency weighting networks, for the measurement of sound levels. Sound-level meters shall conform to the requirements of American National Standards Institute specifications for sound-level meters.
- SOUND-PRESSURE LEVEL
- Twenty times the logarithm to the base 10 of the ratio of the pressure of the sound to the reference sound pressure. Unless otherwise specified, the effective (rms) pressure is to be utilized. The reference sound pressure is 20 x uN/m2 (micronewtons per square meter) or 0.0002 micropascal. Sound-pressure level is expressed in decibels (dB).
- SOUND-REPRODUCTION DEVICE
- A device intended primarily for the production or reproduction of sound, including but not limited to any radio receiver, television receiver, tape recorder, musical instrument, phonograph or sound-amplifying system.
- SOUND SIGNAL
- Any sound produced by a sound-signal device designed to transmit information.
- SOUND-SIGNAL DEVICE
- A device designed to produce a sound signal when operated, including but not limited to any claxon, air horn, whistle, bell, gong or siren, but not an emergency signal device or verbal information.
- SOUND SOURCE
- Any activity or device whatsoever that produces sound.
- UNNECESSARY NOISE
- Any excessive or unusually loud sound or any sound which, in the opinion of the administrator, either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a person or damages property or business. Standards to be considered in determining whether unnecessary noise exists in a given situation shall include, but are not limited to, the following:
- A. The volume of the noise.
- B. The intensity of the noise.
- C. Whether the nature of the noise is usual or unusual.
- D. Whether the origin of the noise is natural or unnatural.
- E. The volume and intensity of the background noise, if any.
- F. The proximity of the noise to residential sleeping facilities.
- G. The nature and land use designation for noise control of the area within which the noise emanates.
- H. The density of inhabitation of the area within which the noise emanates.
- I. The time of the day or night the noise occurs.
- J. The duration of the noise.
- K. Whether the noise is recurrent, intermittent or constant.
- L. Whether the noise is produced by a commercial or noncommercial activity.
Editor's Note: Table II is included at the end of this chapter.
The administrator shall approve the designation of noise-sensitive areas which contain noise-sensitive activities. Noise-sensitive activities may include, but are not limited to, operations of schools, libraries open to the public, churches, hospitals and nursing homes.
No person shall create or permit to be created any noise on any street, sidewalk or public place or on private property adjacent to any school, institution of learning, church or court while the same is in use or adjacent to any hospital, nursing home or home for the aged, which noise unreasonably interferes with the working of such school, institution of learning, church or court or which disturbs or annoys patients in a hospital, nursing home or home for the aged.
If the administrator has reasonable cause to believe that any device is in violation of this chapter, the administrator may order the owner of the device to conduct such tests as are necessary to determine whether the device or its operation is in violation of this chapter and to submit the test results to the administrator within 10 days after the tests are completed.
Such tests shall be conducted in a manner approved by the administrator. The administrator may require that the entire test results be reviewed and certified by a professional with recognized competence.
The owner shall notify the administrator of the time and place of a test at least seven calendar days before the commencement of such test. Reasonable facilities shall be made available for the administrator to witness the test.
If, in the opinion of the administrator, tests by the Health Department or another proper person are necessary, the administrator may order the owner to provide such access to the device as the administrator may reasonably request, to provide a power source suitable to the testing points and to provide allied facilities, exclusive of a sound-level meter. The provisions shall be made at the expense of the owner of the device. The owner shall be furnished with copies of the analytical results of the data collected.
Upon presentation of proper credentials, the administrator may enter and/or inspect any private property, place, report or records at any reasonable time when granted permission by the owner or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this chapter may exist. Such inspection may include administration of any necessary tests.
As used in this section, the following terms shall have the meanings indicated:
- Any written agreement, purchase order or instrument whereby the municipality is committed to expend or does expend funds authorized by the capital budget of the contracting agency in return for work, labor, services, supplies, equipment, materials or any combination of the foregoing; however, the term "contract" shall not include:
- (1) Contracts for financial or other assistance made with a government.
- (2) Contracts, resolutions, indentures, declarations of trust or other instruments authorizing or relating to the authorization, issuance, award and sale of bonds, certificates of indebtedness, notes or other fiscal obligations of the municipality, or consisting thereof.
- (3) Employment by the municipality of officers and employees of the municipality.
Contract provisions. No contract shall be awarded or entered into by the municipality unless such contract contains provisions requiring that:
Devices and activities which will be operated, conducted, constructed or manufactured pursuant to the contract and which are subject to the provisions of this chapter will be operated, conducted, constructed or manufactured without causing a violation of this chapter.
Such devices and activities incorporate advances in the art of noise control developed for the kind and level of noise emitted or produced by such devices or activities.
No person shall cause or permit the operation of a device or conducting of an activity in such a way as to violate any provision of a contract required by this section or any regulation promulgated pursuant to this section.
No regulation promulgated pursuant to this section shall alter the terms, conditions and specifications of a contract already executed at the time of such regulation.
The provisions of this chapter shall not apply to the operation or use of any organ, bell, chimes other similar instrument by any church, synagogue, mosque or school when used as part of the religious order of service or when operated between the hours of 9:00 a.m. and 9:00 p.m.; and natural sound, including but not limited to wind blown across natural objects, insects, wild animals or wild birds.
No person shall make, continue or cause or permit to be made or continued any excessive noise.
No person shall operate or use or cause to be operated or used any sound-reproduction device for commercial or business advertising purposes or for the purpose of attracting attention to any performance, show or sale or display of merchandise in connection with any commercial or business enterprise, including those engaged in the sale of radios, television sets, phonographs, tape recorders, phonograph records or tapes in front or outside of any building, place or premises or in or through any aperture of such building, place or premises abutting on or adjacent to a public street, park or place or in or upon any vehicle operated, standing or being in or on any public street, park or place where the sound 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/village or on a boat or on the waters within the jurisdiction of the town/village or anywhere on the public streets, parks or places; provided, however, that nothing in this section shall prohibit vehicles from which ice cream products and similar products are sold from being equipped with a bell not exceeding three inches in diameter, or a set of up to four such bells, nor prohibit the use thereof by the driver of such vehicle, provided that no such bell or set of bells shall be capable of being heard from a distance greater then 400 feet and provided further that no such bells shall be used for any purpose between the hours of 9:00 p.m. and 9:00 a.m. nor be used as an ordinary warning signal at any time.
No person shall operate or use any radio, musical instrument, television, phonograph or other machine or device in or on any bus or public means of conveyance, other than taxicabs, in such manner that the sound emanating from such sound device is audible to another person.
No person shall cause the sounding of any horn or signaling device on any automobile, motorcycle, bicycle or other vehicle, except as a danger warning.
No person shall operate or cause to be operated any motor vehicle in such a manner that the sound level emitted therefrom exceeds 80 dB(A) either:
This subsection shall not apply to those motor vehicles being operated upon a public street to which § 386 of the New York State Vehicle and Traffic Law applies.
This section shall apply to all motor vehicles, whether or not duly licensed or registered.
No person shall engage in or permit any person to be engaged in construction activities which create excessive noise at the property limits of the construction site between the hours of 10:00 p.m. of one day and 7:00 a.m. of the following day on any day of the week, except as is permitted in Subsections B and C hereof.
Following the receipt of a written application for a variance from the requirements of § 123-11A, the Chairman of the Zoning Board may, within a reasonable time, grant a variance authorizing such construction activities upon the applicant's demonstration of hardship and/or practical difficulty in meeting said requirements or on a determination that the public interest will be served by the granting of the requested variance. The Chairman shall set any stipulations deemed necessary in the interest of the public health, safety and/or welfare at the time of granting such a variance.
In the case of an emergency, construction activities directly connected with the abatement of such emergency may be undertaken without obtaining a variance for a period not to exceed 72 hours from the commencement of such activities, during which time application for a variance hereunder shall be made. In such an emergency, construction activities shall not continue after the seventy-two-hour period unless prior to the expiration of that period at least verbal approval is issued by the Chairman or his authorized subordinates to continue such activities and unless written confirmation of such verbal approval is issued within four hours following the start of the next normal business day of the Building Department. Approval or confirmation shall not be withheld unreasonably.
No person shall create or permit to be created any noise on any street, sidewalk or public place; or on private property adjacent to any school, institution of learning, church or court while the same is in use; or adjacent to any hospital, nursing home or home for the aged, which noise unreasonably interferes with the working of such school, institution of learning, church or court or which disturbs or annoys patients in a hospital, nursing home or home for the aged.
No person shall use or operate or permit to be used or operated any radio, television, phonograph, musical instrument or other machine or device for the producing, reproducing or amplification of sound with louder volume than is necessary for convenient hearing for the person or persons who are voluntary listeners thereto. It shall be prima facie evidence of a violation of this section if sound emanating from such machine or device is:
Audible beyond the property line of the premises upon which it is being used between the hours of 10:00 p.m. and 8:00 a.m.
Audible at a distance of 50 feet beyond the property line of the premises upon which it is being used between the hours of 8:00 a.m. and 10:00 p.m.
Audible at a distance of 50 feet from such machine or device if operated from within a motor vehicle on a public street.
Audible at a distance of 50 feet from such machine or device when operated in a public park or other public place.
The provisions of this section shall not apply to the following:
Funeral processions or use of such devices by a church.
The production of music in connection with any parade authorized under provision of law.
Any musical performance upon a public place where a permit has been obtained from the Office of Special Events for such purpose.
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, stadiums or public places in the town/village.
No person shall make or permit to be made excessive noise in connection with loading or unloading of any vehicle or the opening, unloading or destruction of bales, boxes, crates and animals.
No person shall keep or permit the keeping of any animal or bird which makes excessive noise. Owning, possessing or keeping any animal or bird which frequently or for continued duration howls, barks, meows, squawks or makes other sounds which create an unnecessary noise across a residential real property boundary or within a noise-sensitive area as may be hereinafter designated shall be in violation of this chapter. This provision shall not apply to public zoos.
Sound-signal devices. No person shall operate or use or cause to be operated or used any sound-signal device so as to create unnecessary noise, except that a person may only operate or use or cause to be operated or used any sound-signal device attached to a motor vehicle, or in possession of said person, wagon or manually propelled cart from which food or any other items are sold, which emits a sound signal less frequently than one every three minutes in any town/village block and with a duration of less than 10 seconds for any single emission.
Emergency signal devices. No person shall operate or use or cause to be operated or used any emergency signal device so as to create an unnecessary noise, nor for a period of time longer than is strictly necessary to respond to such emergency. An "emergency signal device" means any gong, sirens whistle or siren or any air horn or any similar device the use of which on authorized emergency vehicles is permitted by Subdivision 26 of § 375 of the Vehicle and Traffic Law of the State of New York. Any authorized emergency vehicle which is in the immediate act of responding to an emergency shall be exempt from this section. An "authorized emergency vehicle" means every ambulance, police vehicle, fire vehicle and civil defense vehicle.
Construction activities. It shall be unlawful for any person to use any pile driver, shovel, hammer derrick, hoist tractor, roller or other mechanical apparatus operated by fuel or electric power in building or construction operations so as to create unnecessary noise between the hours of 10:00 p.m. and 7:00 a.m. within 600 feet of any building used for residential or hospital purposes, except for work on public improvements and work of public service utilities or by permit issued pursuant to § 123-14.
Explosives, firearms and similar devices. The use or firing of explosives, firearms or similar devices which create impulsive sound so as to cause a noise disturbance across a real property boundary or on a public space or right-of-way, without first obtaining a permit issued pursuant to § 123-14, shall be prohibited. Such permit need not be obtained for licensed game-hunting activities on property where such activities are authorized.
Air compressors. No person shall operate or cause to be operated an air compressor unless a muffler certified by the manufacturer of such muffler to provide a dynamic insertion loss of 20 dB(C) of the sound release from the exhaust source of such air compressor is installed on such exhaust source. As used in this chapter, "air compressor" means an internal combustion device which draws in air or gas, compresses it and delivers it at a higher pressure.
Solid waste compacting vehicles. No person shall operate or permit to be operated a solid waste compacting vehicle which when compacting creates a sound level in excess of 70 dB(a) when measured at 10 feet from any point of the compacting unit. No solid waste collection shall be permitted between the hours of 10:00 p.m. and 7:00 a.m. of the following day in any area which is designated as residential for noise control. As used in this chapter, a "solid waste compacting vehicle" means a motor vehicle designed to compact and transport solid waste.
Domestic power tools. No person shall operate or permit the operation of any mechanically or electrically powered saw, drill, sander, grinder, lawn or garden tool or similar device used outdoors in residential areas between the hours of 10:00 p.m. and 8:00 a.m. the following day so as to create an unnecessary noise across a residential real property boundary. Snow removal activities shall be exempt from this section.
Recreational motorized vehicles operating off public rights-of-way.
Except as permitted in § 123-14, no person shall operate or cause to be operated any recreational motorized vehicle off a public right-of-way in such a manner that the sound level emitted therefrom exceeds the limits set forth in Table I at a distance of 50 feet or more from the path of the vehicle when operated on a public space or at or across the boundary of private property when operated on private property. This section shall apply to all recreational motorized vehicles, whether or not duly licensed and registered, including but not limited to commercial or noncommercial racing vehicles, motorcycles, go-carts, snowmobiles, amphibious craft, campers and dune buggies, but not including motorboats.
Test procedures to determine whether maximum noise emitted by vehicles in use meets the noise limits stated in § 123-11U(1) above shall be in substantial conformity with applicable provisions of Standards and Recommended Practice established by the Society of Automotive Engineers, Inc. (SAE), or its successor bodies, including SAE Standard J986; SAE Standard J331; Recommended Practice J366 and Recommended Practice J184, all as last amended.
The provisions of § 123-11 shall not apply to:
The unamplified human voice.
Interstate railway locomotives and cars.
Nonstationary farming equipment.
Federal regulations which preempt local authority.
The provisions of this chapter shall not apply to:
The administrator shall have the authority, consistent with this section, to grant permits which may be requested pursuant to § 123-11P, pertaining to construction activities, § 123-11Q, pertaining to explosives, firearms and similar devices, § 123-11U, pertaining to recreational motorized vehicles and § 123-12B, pertaining to noise levels.
Any person seeking a permit pursuant to this section shall file an application with the administrator. The application shall contain information which demonstrates that bringing the source of sound or activity for which the permit is sought into compliance with this chapter would constitute an unreasonable hardship on the applicant, on the community or on other persons. Notice of an application for a permit may be published according to jurisdictional procedure. Any individual who claims to be adversely affected by allowance of the permit may file a statement with the administrator containing any information to support his or her claim. If the administrator finds that a sufficient public interest exists regarding an application, a public hearing may be held.
In determining whether to grant or deny the application, the administrator shall balance the hardship to the applicant, the community and other persons of not granting the permit against the adverse impact on the health, safety and welfare of persons affected, the adverse impact on property affected and any other adverse impacts of granting the permit. Applicants for permits and persons contesting permits may be required to submit any information that the administrator may reasonably require. In granting or denying an application, the administrator shall place on public file a copy of the decision and the reasons for denying or granting the permit.
Permits shall be granted by notice to the applicant containing all necessary conditions, including a time limit and duration on the permitted activity. The permit shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of the permit shall terminate the permit and subject the person holding it to those provisions of this chapter regulating the source of sound or activity for which the permit was granted. Revocation of the permit may be made at any time by the administrator.
Except where a person is acting in good faith to comply with an abatement order issued pursuant to § 123-16, emission from any source of noise in excess of the limitations established in or pursuant to this chapter shall be deemed and is hereby declared to be a public nuisance and shall be cause for a notice of violation to be issued by the administrator.
In lieu of issuing a notice of violation as provided for in § 123-15, the administrator may issue an order requiring abatement of any sound source alleged to be in violation of this chapter within a reasonable time period and according to guidelines which the administrator may prescribe. The items to be considered in the issuance of the order and the compliance dates prescribed therein shall include but not be limited to the following:
Volume and intensity of the noise.
Volume and intensity of the background noise, if any.
The duration of the noise.
The time of day or night the noise occurs.
Availability of control equipment.
Engineering guides which are acceptable to the administrator.
Towing in accordance with the following:
Legislative intent. The Village Board hereby finds and determines that violations of laws and codes affecting quality-of-life issues, including noise violations, prostitution offenses, controlled substances offenses, violation of illegal weapons provisions and illegal dumping, are degrading to the persons involved, often lead to the commission of other offenses, disrupt the peace and quiet of the neighborhood where such offenses occur and are detrimental to the health, safety and welfare of residents and visitors in the town/village. Enforcement of such offenses also imposes an enormous burden on the town/village in terms of providing sufficient law enforcement personnel to combat these offenses and to maintain the peace and security of town/village streets and neighborhoods. The Village Board further finds that such offenses are frequently committed by persons who do not live in the neighborhood where the acts occur and who travel to and from said neighborhoods in a motor vehicle, that the acts constituting such offenses are often committed in or from a motor vehicle or that a motor vehicle is used to transport contraband or materials involved in the offense to the location where the acts occur. The Village Board finds that local legislation is needed to abate nuisances involving the use of motor vehicles by providing for the towing of motor vehicles used in connection with quality-of-life offenses.
Any motor vehicle which has been or is being used in connection with the commission of a violation of this chapter shall be subject to towing and impoundment under this section. A motor vehicle shall be deemed to be used in connection with any of the offenses in this subsection if the act or acts constituting the offense take place in or from the motor vehicle, if the motor vehicle is used to transport the material which is illegally dumped or if the motor vehicle is otherwise used to facilitate the act or acts constituting the offense.
Whenever a police officer has probable cause to believe that a motor vehicle is subject to towing pursuant to this section, the police officer shall provide for the towing of the motor vehicle to a vehicle pound designated by the Chief of Police. Such towing shall be deemed an abatement of a nuisance and at the risk and expense of the vehicle owner or person entitled to the vehicle or person operating the vehicle. Such costs shall not be deemed to be a penalty. When the motor vehicle is towed, the police officer shall notify the person who is found to be in control of the motor vehicle at the time of the alleged violation, if there is such a person, of the fact of the towing and of the vehicle owner's right to request a hearing to be conducted in accordance with the procedures set forth herein. Other than a lack of probable cause, the only defenses available to a vehicle owner in such a hearing shall be that the motor vehicle used in the violation was stolen at the time of the violation and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered, or that the motor vehicle was operating as a common carrier and the violation occurred without the actual knowledge of the person in control of the motor vehicle. It shall not otherwise be a defense that the violation occurred while the vehicle owner was not present, or that the vehicle owner did not consent to the acts constituting the violation.
It is the policy of the Village of East Rochester that when persons are arrested for violations of this chapter and the act or acts constituting the offense take place in or from a motor vehicle, or when the persons arrested are in or about or arrived by a motor vehicle or if the motor vehicle is otherwise used to facilitate the act or acts constituting the offense, such motor vehicle shall be towed, pursuant to the arrest, to a vehicle pound designated by the Chief of Police.
Any such removal shall be deemed an abatement of a nuisance and at the risk and expense of the owner or person entitled to the vehicle or the person who operated or parked the vehicle. The Chief of Police may store such vehicles in designated vehicle pounds or other suitable places at the risk and expense of the owner or the person entitled to possession thereof or the person who operated or parked the vehicle.
The village may maintain an action against the owner or owners, the person who operated or parked the vehicle, or any of them, to recover the amount of the lien in a civil action.
The owner of any commercial or industrial source of sound may apply to the administrator for a variance for time to comply with § 123-11. The administrator shall have the authority, consistent with this section, to grant a variance.
Any person seeking a variance shall file an application with the administrator. The application shall contain information which demonstrates that bringing the source of sound or activity for which the variance is sought into compliance with this chapter prior to the date requested in the application would constitute an unreasonable hardship on the applicant, on the community or on other persons. If the administrator finds that a sufficient controversy exists regarding an application, a public hearing may be held.
In determining whether to grant or deny the application, the administrator shall balance the hardship on the applicant, the community and other persons of not granting the variance against the adverse impact on health, safety and welfare of persons affected, the adverse impact on property affected and any other adverse impacts of granting the variance. Applicants for variances and persons contesting variances may be required to submit any information that the administrator may reasonably require. In granting or denying an application, the administrator shall notify the applicant and shall keep on public file a copy of the decision and the reasons for denying or granting the variance. If granted, the variance may include time-of-day restrictions and/or a limit on the number of days permitted.
Variances shall be granted by notice to the applicant containing all necessary conditions, including a schedule for achieving compliance. The variance shall not become effective until all conditions are agreed to by the applicant. Noncompliance with any condition of variance shall terminate the variance and subject the person holding it to those provisions of this chapter for which the variance was granted.
Application for extension of time limits specified in variances or for modification of other substantial conditions shall be treated like applications for initial variances under Subsection B, except that the administrator must find that the need for the extension or modification clearly outweighs any adverse impacts of granting the extension or modification.
Any person who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $250 or by imprisonment for a term of not more that 15 days, or by both such fine and imprisonment, for each violation.
The provisions of any section of this chapter shall not be deemed to modify or otherwise affect or be in substitution for any provision of any other section of this chapter or other chapter of this Code, but shall be cumulative thereto.
If the provisions of this chapter are inconsistent with any other provision in this Code, or with any rule or regulation of any department, bureau or governmental agency of the Village of East Rochester, the provisions of this chapter shall be controlling.