A.
Except when a violator of this chapter is discovered
by an enforcement official and the owner of the property is contacted
and this chapter is enforced, a complainant must give his or her identity
and address to the Code Enforcement Officer or law enforcement agency,
or such other individual authorized by the Town Board to enforce this
chapter, for processing and enforcement of this chapter.[1]
[Amended 10-15-2012 by L.L. No. 6-2012]
B.
The Code Enforcement Officer may make or cause to
be made any investigation or study which in his opinion is desirable
for the purpose of enforcing this chapter or controlling or abating
an unnecessary noise. For such purposes, the Code Enforcement Officer
may make tests, conduct information meetings, compel the attendance
of witnesses, take their testimony under oath and compel the production
of books, papers and other things reasonably necessary to the matter
under consideration.
C.
Testing by order of the Code Enforcement Officer.
(1)
If the Code Enforcement Officer has reasonable cause
to believe that any device or site is in violation of the provisions
of this chapter, he may order the owner or operator of such device
or site to conduct such tests as are necessary in the opinion of the
Code Enforcement Officer to determine whether the device or site is
in violation of this chapter within a stated time, but not less than
30 days, and to submit the tests results to the Code Enforcement Officer
within 10 days after the tests are completed. The owner or operator
shall bear the cost of such testing and the preparation of the test
report.
(2)
Such testing shall be conducted in a manner approved
by the Code Enforcement Officer. If any part of such testing is conducted
at a place other than the location of the device or site, that part
of the test shall be certified by a laboratory acceptable to the Code
Enforcement Officer. The Code Enforcement Officer may require that
the entire test results shall be reviewed and certified by a professional
engineer.
(3)
The owner shall notify the Code Enforcement Officer
in writing of the time and place of a test at least seven days before
the commencement of such test. Reasonable facilities shall be made
available for the Code Enforcement Officer to witness the test.
(4)
If in the opinion of the Code Enforcement Officer,
tests by the administration are necessary, the Code Enforcement Officer
may order the owner or operator to provide such access to the device
or site, as the Code Enforcement Officer may reasonably request, to
provide a power source suitable to the points of testing and to provide
allied facilities, exclusive of sound-level meter. The provisions
shall be made at the expense of the owner of the device or site. The
owner shall be furnished with copies of the results of the data collected.
D.
Inspection.
(1)
The administration may inspect at any reasonable time
and in a reasonable manner any device or site which creates or may
create unnecessary noise, including but not limited to the premises
where the device is used.
(2)
The administration may inspect at any reasonable time
and in a reasonable manner any record relating to a use of a device
or site which creates or may create unnecessary noise.
(3)
No person shall refuse entry or access into the public
area of multiple dwellings or a place of business to an authorized
member of the administration who presents appropriate credentials.
[Amended 10-15-2012 by L.L. No. 6-2012]
E.
Display of certified findings and other notices. Any
notice required by this chapter shall be displayed in the vicinity
of the device as designated on the notice or displayed in the vicinity
of the place where the device will be operated or supervised.
F.
Enforcement by other than compulsory means. The administration
may take action to obtain voluntary compliance with the provisions
of this chapter by way of warning, notice or educational means. Such
noncompulsory methods need not be used before proceeding by way of
compulsory enforcement.
G.
Service of papers. Service of any written notice,
order or decision required by this chapter shall be made to a person
as follows:
(1)
Either by mailing the notice, order or decision or
operation permit (by certified mail) to the person at the address
where the sound source is located; or
(2)
By leaving the notice, order or decision or operating
permit with the person, or if the person is not an individual, with
a member of the partnership or group concerned or with an officer
or managing agent of the corporation.
A.
A sound-level meter conforming to ANSI (American National
Standards Institute) Type II Standards shall be used and shall be
calibrated officially on the day of sound-level meter measurement
involving a violation for arrest, and such device shall immediately
be checked against the calibrator in the presence of an official witness.
The calibrator shall be calibrated at least annually. Qualified personnel
approved by the Town Board shall operate and read the sound-level
meter(s) and related equipment. The wind velocity gauge shall conform
to accepted standards and shall be checked periodically for accuracy.
B.
Apprehension and arrest shall be made by a law enforcement
officer in conjunction with the ordinance administration consisting
of the following persons that may be certified by a qualified agency
for these sound measurements and confirmed by the Town Board: the
Code Enforcement Officer and/or his deputies, the Town Police, the
County Sheriff's Deputies, the State Police and the Niagara Frontier
State Parks Police.
(1)
A minor violating this chapter while operating a field vehicle shall be apprehended or otherwise be required to give his or her identity and address and shall be warned, and such warning shall be delivered to the parent(s) or guardian(s) on the form prescribed. If and when an additional violation is discovered, the parent(s) or guardian(s) of such minor shall be notified and may be subject to the penalties under Article V. In the event of a third violation within a six-month period, a summary arrest shall be made, after which the violator may be released and the device or vehicle involved shall be impounded at a place prescribed by the Town Board for a period not to exceed six months, without regard that the device or vehicle impounded may not be the exact same model of the device or vehicle which was involved in the first and second violation.
C.
Severability. If any section, paragraph, subdivision,
clause, phrase or provision of this chapter shall be adjudged invalid
or held unconstitutional, the same shall not affect the validity of
this chapter as a whole or any part or provision thereof other than
the part so declared to be invalid or unconstitutional.
