[HISTORY: Adopted by the Town Board of the
Town of Greece 2-6-1996 by L.L. No. 1-1996. Amendments noted where
applicable.]
GENERAL REFERENCES
Noise by dogs — See Ch. 89.
This chapter shall be known as the "Town of
Greece Noise Law."
[Amended 4-21-2009 by L.L. No. 1-2009]
The Town Board of the Town of Greece hereby
declares its intent to prevent unreasonably loud and disturbing noise
and sounds determined by the Board to be of a character, intensity
or duration as to be detrimental to the peace, quiet, comfort, repose,
welfare or good order of the people of the Town of Greece (Town Law
§ 130, Subdivision 11). By this legislation, the Town Board
intends to improve and promote the quality of life in our community,
and in the exercise of its lawful enforcement in this regard, the
Town Board does hereby enact the following chapter. It is the intent
of the Greece Town Board that this chapter will be liberally constructed
so as to effectuate the purpose described in this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
A unit for measuring the volume of a sound and pressure of
sound.
[Amended 4-21-2009 by L.L. No. 1-2009]
A public disaster or an exposure of any person or property
to imminent danger.
Any gong, siren, whistle, air horn or similar device, the
use of which on emergency vehicles is permitted by Subdivision 26
of § 375 of the New York State Vehicle and Traffic Law.
[Amended 4-21-2009 by L.L. No. 1-2009]
Sound which is annoying, causes alarm, disturbs
a reasonable person of reasonable sensitivity, unreasonably causes
public inconvenience, or unreasonably disturbs the quiet use and enjoyment
of one’s life and property. Such sound includes but is not limited
to mechanically increased volume of sounds of the human voice, musical
instruments, recorded music, or any other mechanically enhanced sound-producing
or -reproducing device, apparatus or device.
"Excessive noise" also includes incessant or
repeated sounds that have the effect of disturbing the welfare, comfort,
peace and quiet of the community, or any sound in excess of 85 decibels.
[Amended 4-21-2009 by L.L. No. 1-2009]
Every device or vehicle 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 vehicles, trucks, buses, automobiles, vans, motorcycles, motor
scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts,
minibikes, trail bikes and all other types of motorized recreational
vehicles.
A.
Excessive noise. No person shall make, continue or
cause to be made or continued any excessive noise.
B.
Sound-reproduction devices on public conveyances.
No person shall operate or use any radio, musical instrument, television,
phonograph or other machine or device in or on any bus or any means
of public conveyance, other than taxi cabs, in such a manner that
the sound emanating from such sound-reproduction device is audible
to another person.
C.
Use of signaling devices. 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, as stated in
§ 375, Subdivision 1, of the New York State Vehicle and
Traffic Law.
D.
Motor vehicles, excessive noise.
(1)
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:
[Amended 4-21-2009 by L.L. No. 1-2009]
(2)
This subsection shall not apply to those motor vehicles
being operated upon a public street to which § 386 (motor
vehicle sound level limits) of the New York State Vehicle and Traffic
Law applies.
E.
This section shall apply to all motor vehicles, whether
or not duly licensed or registered.
A.
No person shall engage in or permit any person to be engaged in construction activities which creates 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.
B.
Following the receipt of a written application for a variance from the requirements of Subsection A, the Building Inspector or his designee 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 and upon a determination that the public interest will be served by the granting of the requested variance. The Building Inspector 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. The written authorization/variance must be maintained on the site and be made available for viewing by any municipal authority requesting the same.
[Amended 6-4-1996 by L.L. No. 3-1996]
C.
In the case of an emergency, so declared by the Building
Department, Fire Marshal or the Police Department, construction activities
directly connected to 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.
A.
No person shall use or operate or permit to be used
or operated any radio, television, phonograph, tape or other recorder
of sound, musical instrument or other apparatus, machine or device
for the production, reproduction or amplification of excessive noise
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 excessive noise
emanating from such apparatus, machine or device is:
B.
The provisions of this section shall not apply to
the following:
(1)
Funeral processions or use of such devices by a church.
(2)
The production of music in connection with any parade
authorized under any provision of law.
(3)
Special events such as annual church festivals and
other events, activities, carnivals, festivals, picnics, fund raisers,
block parties, races, walks or gatherings of individuals that are
required to obtain a permit or authorization from either the Town
Board, Town Clerk, Department of Public Works, Building Department,
Department of Human Services, Fire Marshal, Department of Public Safety
or the Monroe County Department of Health. This subsection does not
apply during the hours of 11:00 p.m. through 9:00 a.m. of the following
day. During these hours this chapter shall apply.
[Amended 6-4-1996 by L.L. No. 3-1996; 4-21-2009 by L.L. No. 1-2009]
(4)
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 or stadiums within the Town.
(5)
Agricultural activities, provided that all powered
agricultural and farm equipment is equipped with intake and exhaust
mufflers recommended by the manufacturers thereof.
[Added 6-4-1996 by L.L. No. 3-1996; amended 4-21-2009 by L.L. No. 1-2009]
(6)
Discharge of firearms for the purposes of hunting
during the hours permitted by state law.
[Added 6-4-1996 by L.L. No. 3-1996]
(7)
The use of lawnmowers, hedge trimmers, leaf blowers,
chain saws, tillers, mulchers, chippers and other domestic power tools
and devices used for the care and maintenance of lawns, yards and
vegetation between the hours of 8:00 a.m. and sunset.
[Added 4-21-2009 by L.L. No. 1-2009]
(8)
Snowblowers, snow throwers, and snowplows when used
in their usual customary manner, provided that the equipment is equipped
with intake and exhaust mufflers recommended by the manufacturer thereof.
[Added 4-21-2009 by L.L. No. 1-2009]
This chapter shall be administered and enforced
by the Chief of Police or his/her designee, unless provision is made
otherwise herein.
A.
Any person who violates any portion of this chapter
or harbors any device which creates a violation of this chapter shall
be guilty of a violation and, upon conviction, shall be punished by
a fine of not less than $150 nor more than $350 or by imprisonment
for up to 15 days, or both.
B.
The owner of any property and any person, firm, association
or corporation in control of the real property where the violation(s)
of this chapter occur(s) shall be guilty of a separate violation and,
upon conviction thereof, shall be fined or imprisoned as herein provided.
C.
Separate offenses may be deemed committed during the
same day if violations continue to occur after a summons is issued
by the Greece Police.
[Amended 4-21-2009 by L.L. No. 1-2009]
