[HISTORY: Adopted by the Town Board of the Town of Sweden 10-9-2001
by L.L. No. 2-2001. Amendments noted where applicable.]
[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:
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 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 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.
That which is not required by usual circumstances.
The normal noise range for a particular type of vehicle or mechanism.
A.
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. For the purpose of this chapter,
unreasonable noise is any disturbing, excessive or offensive sound that disturbs
a reasonable person of normal sensitivities.
B.
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 sources 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 that is continuous and exceeds 15 minutes.
(5)
Noise from any sound reproduction system, operating or
playing any radio, portable radio, tape player, television, tape deck or similar
device that reproduces or amplifies sound in such a manner as to be heard
40 feet from its source or over any property line.
(6)
Permitting or taking part in an unreasonably noisy or
tumultuous party or gathering which disturbs the peace and quiet of a person
or neighborhood.
(7)
Motor vehicles, excessive noise.
(a)
No person shall operate or cause to be operated any motor
vehicle in such a manner that the sound emitted is excessive noise as defined
in this chapter; and
(b)
The excessive noise is audible at a distance of 25 feet
or more from the vehicle when operated on a public street or in a park or
other public place; or
(c)
The excessive noise is audible at or beyond the property
line when operated on private property.
(8)
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.
(9)
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.
(10)
The sounding of any horn or signaling device of an automobile,
motorcycle or other vehicle for any unnecessary or unreasonable period of
time.
(11)
Offering for sale anything by shouting or outcrying upon
the public. The use and operation of sound devices and apparatus for commercial
or business advertising purposes are prohibited. It shall be unlawful for
any person to use or operate any sound device or apparatus in, on, near, or
adjacent to any public street, park or place for commercial or business advertising
purposes.
[Amended 8-22-2006 by L.L. No. 3-2006]
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.
