[HISTORY: Adopted by the Town Board of the
Town of Walworth 8-2-1979 by L.L. No. 5-1979. Amendments noted where
applicable.]
The creation of any unreasonably loud, disturbing
or unnecessary noise in the Town of Walworth, New York, except in
the pursuit of agricultural occupations, is prohibited. Noise of such
character, intensity or duration as to endanger or infringe upon the
public comfort, peace or repose or to be detrimental to the life or
health of any individual is declared to be a nuisance and is prohibited.
No person shall sound any horn or signal device
on any automobile, motorcycle, bus or other vehicle while not in motion,
except as a danger signal if another vehicle is approaching apparently
out of control or, if in motion, only as a danger signal; nor create
by means of any such signal device any unnecessary or unreasonably
loud, harsh or prolonged sound; nor sound such device for an unnecessary
and unreasonable period of time. This section shall not apply to fire,
police and duly authorized emergency vehicles or stationary signaling
devices used in connection with such organizations.
[Amended 5-31-2012 by L.L. No. 4-2012]
A.
No person shall amplify, operate, play or cause to be amplified,
operated or played any electronic device, phonograph, musical instrument,
or noise-emitting device in such manner or with such volume at any
time, particularly between the hours of 10:00 p.m. and 7:00 a.m.,
as to annoy the quiet, comfort or repose of persons inside or outside
any dwelling or building within the Town, except as hereinafter provided.
B.
No person shall, at any time, operate or cause to be operated, any
noise-amplifying device such that the speakers that transmit such
amplified sounds are pointed in the direction of any private residence
located within 1,000 feet of the amplified sound.
C.
Exceptions to § 108-3A. The following shall be considered exceptions to § 108-3A, and in such cases, noise shall be permitted until 11:00 p.m.:
(1)
The Festival in the Park held by the Town of Walworth.
(2)
The Community Street Dance held in the Town of Walworth.
(3)
Any events at commercial venues within the Town of Walworth that have been previously booked for outdoor events as of May 2, 2012, and which are scheduled to take place any time up to and including October 6, 2012, provided that any such commercial venue has provided to the Town of Walworth, by no later than the date of the public hearing in this matter, a list of events which are expected to extend beyond 10:00 p.m., including the date of the event; the expected time of commencement; the expected time of completion, which shall be no later than 11:00 p.m.; the name of the parties who contracted the event with the commercial venue (the "Parties"), along with an address and phone number of the Parties. In connection with said list, the commercial venue's exception to § 108-3A shall be limited to those dates and events and Parties which appear on the list hereinabove required. No additional dates, events and Parties may be added after the date of the public hearing in this matter.
(4)
Community groups hosting a public event that is open to all members of the public, in a public locale, as opposed to a private residence or business, who have applied to the Town Board for an exception to § 108-3A of the Walworth Town Code. Said requests must be in writing and must include: the name of the community group; a contact person with name, address and phone number; the date and purpose of the proposed event; the number of people expected to attend; the location of the event; the expected time of commencement; the expected time of completion, which shall be no later than 11:00 p.m. Said application should be submitted no later than eight days prior to the next Town Board meeting at which the issue regarding said application is to be addressed.
No person shall keep any animal or bird which,
by causing frequent or long continued noise, shall disturb the comfort
or repose of any person in the vicinity.
No person shall use an automobile, motorcycle,
motorbike, snowmobile, go-cart, ATV, bus or any other motorized vehicle
or equipment out of repair or so loaded or in any manner modified
as to create loud, unnecessary grating, grinding, rattling or other
noise.
No person shall discharge or cause to be discharged
into the open air the exhaust of any engine, motor vehicle or motorboat
engine, except through a muffler equal to the original equipment or
other device which effectively prevents loud or explosive noise therefrom,
except in the pursuit of agricultural occupations.
No person shall create a disturbance or engage
in improper conduct or abusive acts or language in any church, theater,
public hall, public street or other locations throughout the Town
limits.
[Amended 9-1-1994 by L.L. No. 1-1994; 10-7-1999 by L.L. No.
5-1999; 5-31-2012 by L.L. No. 4-2012]
Any person, corporation, partnership or business
which shall violate a provision of this chapter shall be punished
by a fine not to exceed $150 or imprisonment of not more than 15 days,
or both such fine and imprisonment; provided, however, that a person,
corporation, partnership or business which shall violate any provision
of this chapter after having been convicted of a violation of any
provision of this chapter within the preceding three years shall be
punished by a fine not to exceed $300 or by imprisonment of not more
than 15 days, or both such fine and imprisonment; and further provided
that any person, corporation, partnership or business which shall
violate any provision of this chapter after having been convicted
two or more times of a violation of any provision of this chapter
within the preceding three years shall be punished by a fine not to
exceed $500 or by imprisonment of not more than 15 days, or both such
fine and imprisonment. Notice of said violation shall be by appearance
ticket duly served upon the responsible party creating the violation,
or upon the property owner of the property from which the violation
emanates, served personally or by regular mail and certified mail,
return receipt requested, at the last known residential or business
address of said individual, directing him or her to appear in Walworth
Town Court.
