[HISTORY: Adopted by the Town Board of the
Town of Buchanan 11-17-2009 by Ord. No. 2009-04 (§ 34-33
of the 1997 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any sound which is unnatural, annoying, prolonged or unusually
loud in relationship to its time, place and use effect.
Excessive and unnecessary noise as defined in this chapter is
hereby declared to be a public nuisance which is prohibited and may
be subject to abatement procedures. Such abatement procedures may
be in addition to administrative proceedings, fines and penalties.
This chapter shall be applicable to the following zoning districts:
Single-Family Residential (RSF), Two-Family Residential (RTF), Multifamily
Residential (RMF), Local Commercial (CL), Planned Commercial (CP)
and General Agriculture (AGD).
The following acts are declared to be excessive and unnecessary
noises in violation of this chapter, but this enumeration shall not
be deemed to be exclusive:
A.
Radios, phonographs, amplifiers, instrument, similar devices. The
using, operating or permitting to be played, used or operated any
radio receiver set; musical instrument, phonograph, amplifier or other
machine or device for the producing or reproducing of sound in an
excessive and unnecessary manner. The operation of any set, instrument,
phonograph, machine, amplifier or device between the hours of 10:00
p.m. and 7:00 a.m. in a manner as to be plainly audible at the property
line of the building, structure or vehicle in which it is located
shall be prima facie evidence of a violation of this chapter.
B.
Animals, birds. The keeping of any animal or bird which causes frequent
or long continued unnecessary noise.
C.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, go-cart, four-wheeler,
motorcycle, motor vehicle, motor-driven cycle, motor scooters, mopeds,
motorboat and similar vehicles and equipment except through a muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
D.
Specified power equipment. Power equipment, such as lawn mowers,
small lawn and garden tools, and riding tractors and which is necessary
for the maintenance of property, which are operated between the hours
of 10:00 p.m. and 7:00 a.m. Noise production shall be minimized through
proper equipment operation and maintenance. All snow removal equipment
shall be fully exempt from this chapter.
E.
Construction or repair of buildings. The erection (including excavation),
demolition, alteration or repair of any building, as well as the operation
of any pile driver, steam shovel, pneumatic hammer, steam or electric
hoist, or any other similar equipment attended by noise, as defined
in this chapter, other than between the hours of 7:00 a.m. and 10:00
p.m. on weekdays.
F.
Construction sites, public utilities, public works. The development
of construction sites and work related to public utilities or public
works projects, other than between the hours of 7:00 a.m. and 10:00
p.m. from Monday through Saturday.
G.
Use of compression brakes prohibited. No person shall use motor vehicle
brakes within the limits of the Town of Buchanan which are in any
way activated or operated by the compression of the engine of such
motor vehicle or any unit or part thereof. Brakes applied in an emergency
situation requiring their use and there being no other way to stop
shall be exempt from this chapter.
[Amended 11-10-2016 by Res. No. 2016-05]
Variance permits may be issued by the Town Board or the Administrator
to provide exemptions to this chapter.
A.
General. A variance permit may be issued upon request, provided that
the activity producing such noise is necessary to promote the public
health and/or welfare and reasonable steps are taken to keep such
noise at the lowest possible practical level.
B.
Special community events. A temporary variance permit may be issued
for special events, such as parades, 4th of July celebrations and
similar community events which are limited in duration and are generally
acceptable to the people of the community, provided that precautions
are taken to maintain the noises produced at the lowest practical
level.
C.
Procedure to obtain a variance permit.
(1)
Applications for temporary variance permits must be made in writing
to the Town Administrator and shall contain all of the following pertinent
information:
(a)
Dates requested;
(b)
Time and place of activity;
(c)
Equipment, operation, or activity involved;
(d)
Necessity for such permit;
(e)
Steps to be taken to minimize noise; and,
(f)
Name of responsible person(s) who will be present at the site
while the noise is produced and phone number at which they can be
contacted.
(2)
A variance permit fee shall be submitted as noted in the Town Fees
and Licenses Schedule.[1] The Town Administrator shall have the authority to grant a variance permit for all types of excessive and unnecessary noise as listed in § 400-4, except for noise as listed in § 400-4A and F, which shall require Town Board approval. The Administrator and the Town Board shall reply, in writing, giving the variance, denying the variance, or setting forth conditions or limitations under which the variance will be granted.
[1]
Editor's Note: The Fees and Licenses Schedule is on file in
the Town Administrator's office.
The provisions of this chapter shall not apply to:
A.
Any vehicle or equipment of the Town or a Town contractor engaged in necessary public business (including, but not limited to, garbage trucks, snowplows), provided the provisions of § 400-4F are followed, if applicable.
B.
Vehicle or equipment usage related to agriculture operations.
C.
Fireworks, public assembly, parades or other activities as properly
licensed by the Town. At time of license issuance, the Town may place
restrictions on such license regarding excessive or unnecessary noise.
D.
Emergency operations. Emergency short-term operations which are necessary
to protect the health and welfare of the citizens, such as emergency
utility and street repair, fallen tree removal, and operations of
a fire department, law enforcement, ambulance or emergency medical
services.
E.
Noises required by law. The provisions of this chapter shall not
apply to any noise required specifically by law for the protection
of safety of people or property.
This chapter shall be enforced by law enforcement of the Town
of Buchanan.
Any person, firm, company, business, corporation or other entity
in violation of this chapter shall receive a warning for a first-time
violation. After a warning is issued, the violation shall cease within
one hour or a second violation may be issued. A second violation shall
be a forfeiture of not less than $100 or no more than $500, plus the
cost of prosecution. Penalties are doubled for third and subsequent
offenses.
