[HISTORY: Adopted by the Town Board of the Town of Eden as indicated in article histories. Amendments noted where applicable.]
No person shall make, aid, countenance or assist in making any improper noise or disturbance or operate a motor vehicle or motorcycle in such a manner as to cause excessive squealing or other excessive noise of the tires or motor of said vehicle or motorcycle on the streets in the Town of Eden.
The phrase "excessive squealing or other excessive noise of the tires or motor of said vehicle or motorcycle" is hereby defined as any noise of the motor or squealing of the tires of a vehicle or motorcycle caused by an unwarranted or unusual acceleration or deceleration of the motor vehicle or motorcycle or in making a turn with said vehicle or motorcycle in such a manner as to cause unnecessary squealing of the tires.
Any person or persons who shall violate any of the provisions of this article shall be guilty of an offense and shall be punished, upon conviction, by a fine of not more than $250 or imprisonment for not more than 15 days, or both.
[Adopted 7-8-1981 by L.L. No. 1-1981]
This article shall be known as the "Noise Control Law of the Town of Eden, New York."
It is hereby declared to be the policy of the Town of Eden to prevent excessive, unnecessary, unreasonable and/or unusually loud noise. The provisions and prohibitions contained in this article are in furtherance of the purpose of promoting and protecting the public health, comfort, safety, welfare, peace and quiet within the Town of Eden for its inhabitants and guests.
No person shall transmit or permit to be transmitted any sound across the boundaries of property that would annoy, injure or endanger the comfort, repose, health, peace or safety of a person or persons in the vicinity and caused by the following:
Radios, televisions, record players, tape recorders, amplified musical instruments, jukeboxes and other like devices shall be so modulated as not to annoy or cause discomfort to surrounding neighbors.
Minibikes, snowmobiles, motorcycles, dune buggies or other motored devices shall not be operated on private property closer than 200 feet from any residence unless with permission or invitation and except for ingress and egress to or from the operators' residence between the hours of 9:00 p.m. and 8:00 a.m. unless equipped with an adequate muffler designed and manufactured to suppress exhaust noises.
Minibikes, snowmobiles, motorcycles, dune buggies or other motored devices on any public grounds, including town-owned land, which shall include, but not be limited to, parks, streets, easements and sidewalks, unless specifically designated, set aside and reserved therefor by resolution of the Town Board.
No person shall operate or permit to be operated a place of public entertainment, including but not limited to a restaurant, bar, cafe, discotheque or hall, in which the playing of any sound reproduction device, such as, but not limited to, a radio, musical instruments, phonograph, jukebox or other devices, produces sound in such a manner as to disturb the peace, quiet, repose and comfort of the neighboring inhabitants. Operation of said sound-producing devices between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to be audible on adjacent properties is also prohibited.
No person, business or corporation shall operate or permit to be operated any tools, machinery or equipment between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, or at anytime on Sundays or legal holidays, so that the sound therefrom creates unreasonable noise on residential real property boundaries without a permit issued under the authority of the Eden Town Board.
The following shall constitute permitted sounds:
The sounds connected with nonprofit organizations for fund-raising activities.
Sounds created by farmers necessary in the operation of a farm.
Sounds created by any agency for the purpose of alerting persons to the existence of an emergency.
Sounds connected with sporting events.
The emission of sound in the performance of emergency work.
Sounds emitted from industries or noise-emitting businesses located in their proper zones.
A violation of this article is an offense punishable by a fine of not to exceed $250 for each offense and, upon default in payment, imprisonment for a period not to exceed 15 days, or both, in the discretion of the Justice before whom such conviction is held. Each day of violation shall constitute a separate offense.