The Town Board of the Town of Conesus hereby
declares its intent to prevent unreasonably loud and disturbing noise
and sounds that are determined by the Board to be of a character,
intensity or duration as to be detrimental to the peace, welfare or
good order of the people of the Town of Conesus. The Town Board intends
to improve and promote the quality of life in our community, and in
the exercise of its lawful enforcement in this regard, the Town Board
does hereby enact the following chapter. It is the intent of the Town
Board that this chapter will be liberally constructed so as to effectuate
the purpose described. The Town Board also acknowledges Article 25-AA
of the NYS Agriculture and Markets Law that exempts a farm in an Agricultural
District No. 2 from the provisions of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated below, others shall have the meanings
normally ascribed to them by the standard accepted dictionary definitions.
DECIBEL (dB)
A unit for measuring the volume of a sound, as determined
by a sound testing instrument. The NYS Vehicle and Traffic Law sets
unacceptable noise levels at between 72 dB and 90 dB. For purposes
of this chapter, a decibel level exceeding 90 dB shall be a nuisance
noise.
EMERGENCY
A public disaster or an exposure of any person or property
to imminent danger.
EMERGENCY SIGNAL DEVICE
Any gong, siren, whistle, air horn or similar device, the
use of which on emergency vehicles is permitted by Subdivision 26
of § 375 of the New York State Vehicle and Traffic Law.
EXCESSIVE NOISE
Incessant or repeated sounds that have the effect of disturbing
member(s) of the community, or any sound in excess of 90 dB (as described
in definition of "decibel") that is annoying, a nuisance or causes
alarm to any person(s). Such sound includes but is not limited to
mechanically increased volume of sounds of the human voice, musical
instruments, recorded music, or any other mechanically enhanced sound-producing
or sound-reproducing device that is able to increase normal noise
volume levels.
MOTOR VEHICLE
A.
Every device in, upon or by which any person
or property is or may be transported or drawn, which is propelled
by any power other than muscular power, except vehicles which run
only upon rails or tracks.
B.
This definition shall include but not be limited
to trucks, buses, automobiles, vans, motorcycles, motor scooters,
dune buggies, snowmobiles, all-terrain vehicles, go-carts, minibikes,
trail bikes and all other types of sound-producing motorized objects
used for recreation or transport.
The Town of Conesus shall administer this chapter
and enforcement shall be, in some instances, by the Town of Conesus
CEO (Code Enforcement Officer), but mostly by the police agency/officer
responding to the citizen's complaint.