[HISTORY: Adopted by the Town Board of the Town of Somers 7-12-2001
by L.L. No. 7-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Alarms — See Ch. 62.
Building construction — See Ch. 74.
Dogs — See Ch. 86.
Places of entertainment — See Ch. 90.
Excavations — See Ch. 94.
Filming — See Ch. 96.
Parks — See Ch. 128.
Peddling and soliciting — See Ch. 131.
Site plan review — See Ch. 144.
Subdivision of land — See Ch. 150.
Off-road vehicles — See Ch. 160.
Zoning — See Ch. 170.
The purpose of this chapter is to regulate the creation of unreasonably
loud, disturbing and unnecessary noises which are deemed to be of such character,
intensity and/or duration to be detrimental to the health, safety, comfort,
repose, peace and welfare of the residents of the Town of Somers.
It shall be unlawful to:
A.
Make, cause to be made, or permit the making of, any
unnecessary or unusual noise or sound which annoys, injures or endangers the
comfort, repose, health, safety or welfare of a reasonable person of normal
sensitivities.
B.
Operate, cause to be operated or permit the operation
of any instrument or device in a manner which annoys, injures or endangers
the comfort, repose, health, safety or welfare of a reasonable person of normal
sensitivities.
C.
Operate, cause to be operated or permit the operation
of a loudspeaker, public-address system, horn, sound truck or other sound-amplification
device (not including a building or vehicular burglar alarm), the noise or
sound from which annoys, injures or endangers the comfort, repose, health,
safety or welfare of a reasonable person of normal sensitivities.
It shall be unlawful to operate, cause to be operated or permit the
operation of any equipment, machinery, tool or other device used in construction,
building, grading, blasting, excavation or tree removal, that makes a noise
or sound audible beyond the property on which it is located, after 6:00 p.m.
in the evening and before 7:00 a.m. in the morning.
It shall be unlawful to operate, cause to be operated or permit the
operation of a leaf blower, chain saw, lawnmower or other gardening or landscaping
equipment, which is powered by a combustion engine, after 8:00 p.m. in the
evening or before 7:00 a.m. in the morning.
The provisions of this chapter shall not apply to the following:
A.
Noise or sound generated for the purpose of preventing,
addressing or alerting persons to an emergency.
B.
Noise or sound from municipal activities, including municipally
sponsored celebrations or events.
C.
Noise or sound generated in connection with the activities
of any school licensed or chartered by the State of New York, including school-sponsored
celebrations or events.
D.
Noise or sound from individually sponsored events where
a permit for public assembly or other relevant permission has been obtained
from the applicable public authority.
E.
Noise or sound from the operation or use of any organ,
radio, bell, chimes or other instrument, apparatus or device by any church,
synagogue, or place of worship.
F.
Noise or sound generated by the installation or maintenance
of utilities.
G.
Noise or sound generated by any government personnel
or equipment in the performance of public duties or functions or government
contractors acting under government direction;
H.
Noise or sound generated by a motor vehicle on a street
or highway, to the extent such noise or sound is regulated by federal or state
law.
I.
Noise or sound from a funeral service or procession.
J.
Noise or sound generated from farming or the cultivation of crops on a farm or small farm as defined in § 170-3 of the Zoning Law.
K.
Noise or sound generated from the maintenance of a golf
course.
L.
Noise or sound generated on municipal or school athletic
fields and facilities or public parks.
The provisions of this chapter are in addition to any other restrictions imposed by law regarding the creation of noise or sound or related activities, including but not limited to the following chapters of the Code of the Town of Somers: habitual loud dog barking as set forth in Chapter 86; filming activities as set forth in Chapter 96; nuisance conduct in parks as set forth in Chapter 128; additional site plan construction activity limits as set forth in Chapter 144; additional subdivision construction activity limits as set forth in Chapter 150; and off-road vehicle restrictions as set forth in Chapter 160. In the event of conflict between the provisions of this chapter and any other provision of law regulating noise or sound or related activities, the more restrictive provision shall govern.
A violation of any provision of this chapter by any person, firm or
corporation shall be an offense and shall be punishable, upon conviction thereof,
by a fine not exceeding $250 or imprisonment not exceeding 15 days, or both.
