[HISTORY: Adopted by the Town Board of the
Town of Deerpark 3-7-2005 by L.L. No. 4-2005. Amendments noted where
applicable.]
The making and creating of disturbing, excessive
or offensive noises within the jurisdictional limits of the Town of
Deerpark is a condition which has persisted, and the level and frequency
of occurrences of such noises continues to increase. These noise levels
are a detriment to the public health, comfort, convenience, safety
and welfare of the residents. Every person is entitled to an environment
in which disturbing, excessive or offensive noise is not detrimental
to his or her right to the pursuit of happiness, health or enjoyment
of property. This chapter is to be construed liberally, but is not
intended to be construed so as to discourage the individual right
of any person to enjoy reasonable, and usual activities. Nothing herein
is to be construed to abridge the emergency powers of any Town agency
or department or the right of such agency or department to engage
in any necessary or proper activity. Furthermore, nothing herein shall
abridge or circumvent the powers and responsibilities of any police
department or law enforcement agency to enforce the provisions of
the Penal Law of the State of New York or the provisions of any other
applicable law.
It shall be unlawful for any person to make
or cause any unreasonable noise within the boundaries of the Town
of Deerpark. For purposes of this chapter, "unreasonable noise" shall
mean any noise which is of such character that a reasonable person
of normal sensitivities would not tolerate under the circumstances,
or is detrimental to the life or welfare of any individual, or causes
a risk of public inconvenience or alarm.
The standards which may be considered in determining
whether a violation of this chapter exists may include, but are not
limited to the following;
A.
The level or volume of the noise.
B.
The time of day or night the noise occurs.
C.
The duration of the noise.
D.
Whether the noise is recurrent, intermittent or constant.
E.
Whether the making of the noise is reasonably necessary
for the protection or preservation of property or the health, safety
and welfare of a person or persons.
F.
Whether the noise is necessary for temporary building
or construction operations.
G.
Whether reasonable methods are available for deadening
or muffling the noise.
H.
The proximity of the noise to residential property.
I.
The proximity of the noise to schools during school
hours.
In addition to and not in imitation of the standards enumerated in § 166-3, the following acts are determined to be prima face evidence of a violation of this chapter:
A.
Any unnecessary noise from any source between the
hours of 11:00 p.m. to 5:00 a.m.
B.
Noise from a dog or other pet animal that is continuous
and exceeds 15 minutes.
C.
In any residential zoning district, the use of any
device for the amplification of sound between the hours of 11:00 p.m.
and 8:00 a.m., either outdoors or indoors so as to allow the amplified
sound to be clearly and distinctly heard by any adjoining property.
D.
In any nonresidential zoning district, the use of
any device for the amplification of sound between the hours of 12:00
midnight and 8:00 a.m., Sunday through Thursday, either outdoors or
indoors so as to allow the amplified sound to be clearly and distinctly
heard by any adjoining property.
E.
In any nonresidential zoning district, the use of
any device for the amplification of sound, between the hours of 1:00
a.m. and 8:00 a.m., Friday and Saturday, either outdoors or indoors
so as to allow the amplified sound to be clearly and distinctly heard
by any adjoining property.
F.
The erection, including excavation, demolition, alteration
or repair, of any building other than between the hours of 7:00 a.m.
and 9:00 p.m., Monday through Saturday.
G.
The erection, including excavation, demolition, alteration
or repair, of any building other than between the hours of 8:30 a.m.
and 6:00 p.m., Sunday.
H.
The sounding of any horn or signaling device of an
automobile, motorcycle or other vehicle for any unnecessary or unreasonable
period of time not to exceed five minutes.
I.
The making of improper noise or disturbance or operating
an automobile, motorcycle or other vehicle in such a manner as to
cause excessive squealing or other excessive noise of the tires.
J.
Yelling and shouting: yelling, shouting, loudly conversing,
hooting or singing on the public streets of the Town or at any time
or place so as to annoy or disturb the peace, quiet, comfort or repose
of adjacent property owners.
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 municipally sponsored celebrations or events.
C.
Noise from individually sponsored events where a permit
for public assembly or other relevant permission has been obtained
from the Town of Deerpark.
D.
The operation of any organ, radio, bell, chime, gong,
or other instrument, apparatus or device by any church, synagogue,
mosque, temple, or other religious institution, or a school licensed
and chartered by the State of New York, provided that such operation
or use does not occur between the hours of 11:00 p.m. and 8:00 a.m.
E.
Noise generated by the installation and maintenance
of utilities.
F.
Noise generated by a commercial facility usual to
such facility in a commercially zoned district of the Town of Deerpark.
A.
It shall be the duty of the Code Enforcement Officer
and the Police Department of the Town of Deerpark to enforce the provisions
of this chapter.
B.
Any person violating the provisions of this chapter shall first be issued a warning of violation by any police officer or other person authorized herein who shall require that the violation immediately cease. The warning may be either written or verbal. If after such warning the person shall not comply, he or she shall be subject to the penalties provided in § 166-7.
C.
In addition to and not in limitation of any power
otherwise granted by law, the Code Enforcement Officer and the Police
Department are hereby authorized to issue appearance tickets for violations
of this chapter.
Any person violating any of the provisions of
this chapter as defined herein shall be guilty of a violation and
upon conviction shall be liable for a fine not to exceed $250 or imprisonment
for a period not to exceed 15 days, or both. Each violation shall
be considered a separate and additional violation, notwithstanding
the penalty hereinbefore provided. The Town of Deerpark may enforce
obedience of this chapter or any part thereof by injunction to restrain
such violations.
