[HISTORY: Adopted by the Town Board of the Town of Lloyd 11-13-1985
by L.L. No. 3-1985. Amendments noted where applicable.]
It is hereby declared to be the policy of the Town Board to prevent
unreasonably loud, disturbing and unnecessary noise and to reduce noise level
within the Town so as to preserve, protect and promote the public health,
safety and welfare and to foster convenience, peace and quiet within the Town
by the inhabitants and transients thereof. The Town Board finds that every
person is entitled to have maintained noise levels which are not detrimental
to life, health and the enjoyment of property and that excessive and unnecessary
noise within the Town of Lloyd affects and is a menace to public health, safety,
welfare and the comfort of the people of the Town.
It shall be unlawful for any person to make, continue, aid, countenance,
cause to be made or assist in making any unreasonably loud, disturbing and
unnecessary noise between the hours of 8:00 p.m. and 7:00 a.m. during any
weekday and between the hours of 8:00 p.m. and 9:00 a.m. on any Sunday or
holiday, except as otherwise hereinafter provided, within the limits of the
Town of Lloyd. Any noise which unreasonably interferes with the sleep, comfort,
repose, health or safety of others is prohibited during the hours above mentioned.
A.
The following acts are prohibited and declared to be
a violation of this chapter, said enumeration not to be deemed exclusive:
(1)
Radio, phonograph or musical instrument. The operation
of any radio, phonograph or sound-producing device or use of any musical instrument
in such a manner or with such volume as to annoy or disturb the quiet, comfort,
health, safety or repose of persons in any dwelling, hotel or other type of
residence.
(2)
Animals and birds. The keeping in any building or upon
any premises of any animal, bird or fowl which produces and creates noises
of a degree and kind to disturb the comfort, repose and quiet of neighbors
or persons residing in the vicinity. Persistent barking of dogs confined or
chained on a premises, or of dogs roaming free on or off the owner's premises,
shall be a violation of this chapter. "Persistent barking" is defined herein
as the continuous or intermittent barking of a dog, which can be heard on
other premises and which continues for a period of more than one hour. The
owners or occupants of the premises shall be responsible to prevent the dog
from barking or place it in an area where its barking cannot be heard.
(3)
Automobile, motorcycle or vehicle. The use of any automobile,
motorcycle, trail bike, minibike, snowmobile, bus or vehicle so loaded or
in such a manner as to create loud and unnecessary grating, grinding, rattling
or other noise.
(4)
Steam whistle. The blowing of any steam whistle attached
to any stationary boiler, except to give notice to the time to begin or stop
work or as a warning of danger.
(5)
Engine exhaust. The discharge into the air of the exhaust
of any steam engine, stationary, internal-combustion engine or motor vehicle
engine, except through a muffler or other device which will effectively prevent
loud or explosive noises therefrom.
(6)
Adjacent school, court or hospital. The creation of any
excessive noise on any street adjacent to any school, institution of learning
or court while the same is in session, or adjacent to any hospital, which
unreasonably interferes with the workings of such institutions, provided that
conspicuous signs are displayed in such streets indicating that the same is
a school, hospital or court street.
(7)
Loading and unloading of vehicles. The creation of a
loud and excessive noise in connection with the loading or unloading of any
vehicle or the opening and destruction of bales, boxes, crates and containers
in such a manner as to create an unreasonable or unnecessary noise of unreasonable
extent and duration.
(8)
Peddlers, hawkers and vendors. The shouting and crying
of peddlers, hawkers and vendors which disturb the peace and quiet of the
neighborhood.
(9)
Loudspeakers. The use of any drum, loudspeaker or other
instrument or device for the purpose of attracting attention to any sale or
display of merchandise by the creation of noise.
(10)
Guns, firecrackers or combustible substances. The firing
or discharging of a gun, firecracker, gunpowder or other combustible substance
within the limits of the Town of Lloyd with the intention and for the purpose
of making noise or for the purpose of attracting attention, except upon some
special celebration or occasion, in which latter event the permission of the
Town Board shall first be obtained and, if granted, shall indicate specifically
the date, time and place that such activity is authorized.
(11)
Sound trucks. The creation of any sound or noise from
any device known as a "sound truck" or motor vehicle containing an amplifying
system whereby sounds, music or words are transmitted upon the public streets
or highways of the Town of Lloyd, unless specific permission therefor is obtained
from the Town Board, which such permit, if and when issued, shall indicate
the specific dates and times that the operation of such sound truck or movable
amplifying system shall be authorized.
(12)
Horn or signal. The sounding of any horn or signal device
on any vehicle, motorcycle, bus or other device except as a warning signal,
pursuant to the provisions of Subdivision 1 of § 375 of the Vehicle
and Traffic Law of the State of New York.
(13)
Radio apparatus, talking machine or loudspeaker. The
use of any radio apparatus, talking machine, loudspeaker or amplifier attached
thereto in such a manner that the loudspeaker shall cause the sound from such
radio apparatus or talking machine to be projected directly therefrom outside
of any building or out of doors, or the use of any radio apparatus, talking
machine, loudspeaker or amplifier which is in any way fastened to or connected
with any outside wall or window in any building or structure so that the sound
therefrom is projected outside of such outside wall or window. Nothing herein
contained shall be construed to prevent the operation of a radio apparatus
or talking machine used in a reasonable manner by any person within any building
or structure, provided that said radio apparatus or talking machine or loudspeaker
is not so arranged that such loudspeaker shall project the sound therefrom
directly outside of any building or out of doors.
(14)
Demolition work. The erection, including excavation,
demolition, alteration or repair, of any building other than between 7:00
a.m. and 9:00 p.m., except in the case of urgent necessity in the interest
of public safety as determined by the applicable laws in the Code of the Town
of Lloyd.
(15)
Construction work. In the process of any building operations
between the hours of 8:00 p.m. and 7:00 a.m., the operation or use of any
pile driver, steam shovel, pneumatic hammer, derrick, steam or electrical
hoist or other apparatus, the use of which is attended by loud or unusual
noise, except by authorization pursuant to a resolution of the Town Board
and then only granted in the event of an emergency.
(16)
Sound device prohibitions. It shall be unlawful for any
person to use or operate, or cause to be used or operated, any sound device
or apparatus in, on, near or adjacent to any public street, part or place
for commercial or business advertising purposes, or for any person to operate
or drive any automobile, truck or other vehicle for commercial or business
advertising by means of any sound device or apparatus. The use of any trade,
business or corporate name or business advertising shall be presumptive evidence
that such advertising was conducted by that person, business or corporation.
(17)
Annoying sounds. The creation of any noise which causes
public inconvenience or alarm or disturbs the public's peace, comfort or tranquility.
The following sounds shall not be deemed to be a violation of this chapter:
A.
Sounds created by church bells or chimes.
B.
Sounds created by any government agency by the use of
public-warning devices.
C.
Sounds created by lawn mowers between the hours of 8:00
a.m. and 9:00 p.m. weekdays and 10:00 a.m. and 9:00 p.m. Sundays.
D.
Sounds created by public utilities in carrying out the
operation of their franchises.
E.
Sounds connected with sporting events or any public or
private school or authorized carnival, fair, exhibition, parade, etc., allowed
by permit of the Town Board.
F.
Sounds on private property which do not carry beyond
the boundary lines of the property on which they are created.
G.
Use of loudspeakers in connection with voter-registration
projects and, within 30 days prior to an election, the use of loudspeakers
in connection with election campaigns between 9:00 a.m. and 8:00 p.m., prevailing
time.
H.
Between the hours of 6:00 a.m. and 9:00 p.m., sounds
created in the exercise of any trade, industry, business or employment, provided
that it is not conducted in such a manner as to create any unreasonable or
unnecessary noise of an unreasonable extent and duration.
I.
Nothing contained in this chapter shall be construed
to prevent the production of music in connection with any military, civic
or authorized parade, funeral procession or religious ceremony, nor to prevent
any musical performance conducted by consent of the Town Board. The provisions
of this chapter shall not apply to any authorized motor vehicle.
The Town Board is hereby authorized, by resolution, to suspend any of
the provisions of this chapter in connection with any holiday celebration
or upon any occasion of special public interest, for such time and upon such
conditions as shall be prescribed by the Town Board.
As used in this chapter, the following terms shall have the meanings
indicated:
Includes one or more persons of either sex, natural persons, corporations,
partnerships, associations, joint-stock and membership societies and all other
entities capable of being sued.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding $250 or
by imprisonment for a term not exceeding 15 days, or by both such fine and
imprisonment. The continuation of an offense against any provision of this
chapter shall constitute a separate and distinct offense hereunder for each
period of 24 hours that the offense is continued.
This chapter shall be administered and enforced by the Town of Lloyd
Constabulary or any police department created by the Town of Lloyd.
This chapter shall supersede and repeal an ordinance of the Town of
Lloyd enacted on July 11, 1947.
If any provision of this chapter is held to be unconstitutional or otherwise
invalid by any court of competent jurisdiction, the remaining provisions of
the chapter shall not be invalidated.