[Amended 8-22-2006 by L.L. No. 3-2006]
Disturbing, excessive or offensive noises within the jurisdictional
limits of the Town of Sweden are conditions that have persisted. The level
and frequency of occurrences of such noises continue to increase. It is hereby
declared to be the policy of the Town Board of the Town of Sweden to prevent
any unreasonable, loud, disturbing and unnecessary noise. These noise levels
are a detriment to the public health, comfort, convenience, safety and welfare
of the residents of the Town of Sweden. Every resident is entitled to an environment
in which disturbing, excessive or offensive noise is not detrimental to his
or her life, health or enjoyment of his or her property. This chapter is to
be construed liberally but it is not intended to be construed so as to discourage
the enjoyment by residents of normal, reasonable and usual activities.
For the purpose of this chapter, the terms used herein are defined as
follows:
PERSON
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.
SOUND DEVICE OR APPARATUS
Any radio device or apparatus or any device or apparatus for 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.
TO USE OR OPERATE ANY SOUND DEVICE OR APPARATUS IN, ON, OR NEAR OR ADJACENT
TO ANY PUBLIC STREET, PARK OR PLACE
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 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.
UNNECESSARY
That which is not required by usual circumstances.
USUAL
The normal noise range for a particular type of vehicle or mechanism.
The provisions of this chapter shall not apply to the following acts:
A. The emission of sound for the purpose of alerting persons
to the existence of an emergency.
B. Noise from Town-sponsored celebrations or events.
C. Noise from non-Town-sponsored events that have been authorized
by the Town Board of the Town of Sweden.
D. The operation or use of any organ, radio, bell chimes
or other instrument, apparatus or device by a church, synagogue or school
licensed or chartered by the State of New York.
E. Noise generated by the installation and maintenance of
utilities.
F. Noise generated by any use from commercial or industrial
zoned property that existed prior to the adoption of this chapter. However,
if said use is terminated, abandoned or discontinued for a continuous period
of six months, then said use shall be subject to the provisions of this chapter.
G. Normal agricultural activities.
H. Firearms for hunting during state permitted hours.
I. Noise from emergency construction for which the Town
Code Enforcement Officer has issued a permit.
J. The operation of snow removal equipment or emergency
power equipment.
K. Federal and state regulations which preempt Town authority.
[Amended 8-22-2006 by L.L.
No. 3-2006]
Any person who violates any provision of this chapter shall be guilty
of a violation and shall be subject to a fine of not less than $100 and not
to exceed $250 or imprisonment for not more than 15 days, or both, for each
offense. The Town may also seek injunctive relief to prevent the continued
violation of the law.
The members of the Monroe County Sheriff's Department, State Police
or other peace officers shall, in connection with their duties imposed by
law, diligently enforce the provisions of this chapter.