The making and creating of unreasonable, unnecessary, disturbing, excessive,
or offensive noises within the jurisdictional limits of the Village of Warwick
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 citizens.
Every person is entitled to an environment in which disturbing, excessive
or offensive noise is not detrimental to his or her life, health or enjoyment
of property. This chapter is to be construed liberally, but it is not intended
to be construed as to discourage the enjoyment by residents of normal, reasonable
and unusual activities.
The provisions of this chapter shall not apply to the following acts:
A. 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
Village;
D. The operation or use of any organ, radio, bell, chimes
or other instrument, apparatus, or device by any church, synagogue, or school
licensed or chartered by the State of New York, provided such operation or
use does not occur between the hours of 10:00 p.m. and 8:00 a.m.;
E. Noise generated by the installation and normal maintenance
and operation of municipal utilities;
F. Noise generated by municipal, county, state and federal
construction or repairs.
This chapter shall be enforced by the Police Department, Building Inspector,
Code Enforcement Officer and any other officer appointed by resolution of
the Board of Trustees. All enforcement officers are authorized to issue violation
notices and appearance tickets.
If any word, phrase or part of this chapter shall be declared invalid,
the same shall be severed and separated from the remainder of this chapter,
and said remainder shall continue in full force and effect.
This chapter is enacted pursuant to the Municipal Home Rule Law. This
chapter shall supersede the provisions of the Warwick Village Code and any
other local law, ordinance or resolution to the extent it is inconsistent
with the same, and to the extent permitted by the New York State Constitution,
the Municipal Home Rule Law or any other applicable statute.
This chapter shall take effect upon posting and filing with the Secretary
of State of New York.