[HISTORY: Adopted by the Town Board of the
Town of Parma 4-2-2002 by L.L. No. 1-2002. Amendments noted where
applicable.]
The making and creating of disturbing, excessive
or offensive noises within the jurisdictional limits of the Town of
Parma is a condition which has persisted, and the level and frequency
of occurrences of such noises continues to increase. It is hereby
declared to be the policy of the Town Board of the Town of Parma to
prevent any unreasonable, loud, disturbing and unnecessary noise.
These noise levels are a detriment to the public health, comfort,
convenience, safety and welfare of the residents of the Town of Parma.
Every resident is entitled to an environment in which disturbing,
excessive or offensive noise is not detrimental to his or her life,
health or enjoyment of his or her property. This chapter is to be
construed liberally, but it is not intended to be construed so as
to discourage the enjoyment by residents of normal, reasonable and
usual activities.
For the purpose of this chapter, the terms used
herein are defined as follows:
Any individual, firm, association or corporation, whether
such person is the owner, lessee or charter member, its servants,
agents or employees and/or their guests.
Any radio device or apparatus or any device or apparatus
(or the amplification of sounds from any radio, phonograph or other
sound-making or sound-producing device or any device or apparatus
for the reproduction or amplification of the human voice or other
sounds.
To use or operate or cause to be used or operated any sound
device or apparatus in front of or outside any building, place or
premises or in or through any window, doorway or opening of such building,
place or premises abutting on or adjacent to any public street, park
or place where the sounds therefrom may be heard upon any public street,
park or place or from any stand, platform or other structure or from
any airplane or other device used for flying, flying over the Town
or in any boat or on the waters within the jurisdiction of the Town
or anywhere on or in the public streets, parks or places.
That which is not required by usual circumstances.
The normal noise range for a particular type of vehicle or
mechanism.
A.
No person, with the intent to cause public inconvenience,
annoyance or alarm, or recklessly creating a risk thereof, shall cause,
suffer, allow or permit to be made unreasonable noise. For the purpose
of this chapter, unreasonable noise is any disturbing, excessive or
offensive sound that disturbs a reasonable person of normal sensitivities.
B.
The following acts, among others, by any person are
declared to be prima facie evidence of a violation of this chapter.
This enumeration shall not be deemed exclusive.
(1)
Any unnecessary noise from any source which is of
such character, intensity and duration as to be detrimental to the
life or health of any individual or contrary to public welfare, especially
between the hours of 9:00 p.m. and 7:00 a.m. the following day.
(2)
Noise from a dog or other pet/animal that is continuously
disturbing the comfort and repose of any person in the vicinity and
exceeds 15 minutes.
(3)
The use of any automobile, motorcycle or vehicle so
out of repair or so loaded or operated in such a manner as to create
loud and unnecessary noise; the making of improper noise or disturbance
or operating an automobile or motorcycle in such a manner as to cause
excessive squealing or other excessive noise of the tires.
(4)
Noise from a burglar alarm or other alarm system of
any building, motor vehicle or boat which is continuous and exceeds
15 minutes.
(5)
Noise from any sound reproduction system, operating
or playing any radio, portable radio, tape player, television, tape
deck or similar device that reproduces or amplifies sound in such
a manner as to be heard 40 feet from its source or over any property
line.
(6)
The erection, including excavation, demolition, alteration
or repair, of any building other than between 7:00 a.m. and 8:00 p.m.,
except in cases of public safety or emergencies.
(7)
The operation of power equipment in residential zones
outdoors between the hours of 9:00 p.m. and 7:00 am. the following
day and on weekends between 9:00 p.m. and 8:00 a.m. the following
day.
(8)
The sounding of any horn or signaling device of an
automobile, motorcycle or other vehicle for any unnecessary or unreasonable
period of time.
(9)
Offering for sale anything by shouting or outcrying
upon the public. The use and operation of sound devices and apparatus
for commercial or business advertising purposes are prohibited. 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, park or place for commercial or business advertising
purposes.
The provisions of this chapter shall not apply
to the following acts:
A.
The emission of sound for the purpose of alerting
persons to the existence of an emergency.
B.
Noise from Town-sponsored celebrations or events.
C.
Noise from non-Town-sponsored events which have been
authorized by the Town Board of the Town of Parma.
D.
The operation or use of any organ, radio, bell chimes
or other instrument, apparatus or device by a church, synagogue or
school licensed or chartered by the State of New York.
E.
Noise generated by the installation and maintenance
of utilities.
F.
Noise generated by any use from commercial- or industrial-zoned
property which existed prior to the adoption of this chapter. However,
if said use is terminated, abandoned or discontinued for a continuous
period of six months, then said use shall be subject to the provisions
of this chapter.
G.
Noise from emergency construction for which a permit
has been issued by the Town Code Enforcement Officer.
H.
Noise generated from any activity occurring in response
to, or as a result of, an emergency power failure, including but not
limited to the operation of generators.
I.
Noise generated by usual farm and agricultural activities
on properties of five acres or greater, including but not limited
to field cash crops, pasturage, fruit and vegetable farms, nurseries
and animal and poultry husbandry.
[Amended 11-3-2010 by L.L. No. 3-2010]
J.
The discharge of legal firearms for legal purposes.
Any person who violates any provision of this
chapter shall be guilty of a violation and shall be subject to community
service and/or a fine of not less than $50 and not to exceed $250
for each offense. The Town may also seek injunctive relief to prevent
the continued violation of the law.
