Town of Manchester, NY
Ontario County
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[HISTORY: Adopted by the Town Board of the Town of Manchester 2-10-2009 by Ord. No. 1-2009. Amendments noted where applicable.]
The Town of Manchester Board hereby declares its intent to prevent unreasonably loud and disturbing noise and sounds 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 Manchester. This chapter is not intended to prevent typical ambient noise found in everyday life; rather, it is intended to eliminate loud and disturbing noises that have a negative impact on the atmosphere of this community. By this chapter, 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 this chapter. It is the intent of the Town of Manchester Board that this chapter will be liberally construed so as to effectuate the purpose described in this section.
Subject to the provisions of this chapter, the creation of any unreasonably loud, disturbing and unnecessary noise in the Town of Manchester is prohibited. Noise of such character, intensity or duration as to be detrimental to the health, safety and general welfare of any individual is prohibited.
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely:
The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, except as a danger signal; the sounding of a multi-toned or musical horn; the creation by means of any such signal or device for any unreasonable period of time, except that this subsection shall not apply to vehicles of the Fire Department, law enforcement agencies, other municipal departments or emergency vehicles of public-service corporations or ambulances.
It shall be prima facie evidence of a violation of this chapter if any of the prohibited sounds are audible beyond the property line of the premises upon which the sound is originating between the hours of 11:00 p.m. and 7:00 a.m.
The sounds referenced in this section are the following:
The playing of any radio, television, musical instrument or other machine or device for the producing, reproducing or amplification of sound in such a manner or with such volume, particularly between the hours of 11:00 p.m. and 7:00 a.m., as to annoy the quiet, comfort or repose of any person in the vicinity.
The use of any motor vehicle to create any loud or unnecessary grating, grinding, rattling or any other noise which disturbs the comfort and repose of any person in the vicinity.
The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, air compressor or motor vehicle or motorboat engine or the making of a mechanical noise by a compressor or refrigeration unit, except through a muffler or other device which will effectually prevent loud or explosive noises therefrom.
The frequent or long-continued noise of any animal or bird which disturbs the comfort and repose of any person in the vicinity.
For purposes of this chapter, the term "motor vehicle" shall include every device in or by which any person or property is or may be transported or drawn, which is propelled by any power other than muscle power, except vehicles which run only upon rails or tracks. 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 motorized vehicles or devices.
The provisions of this chapter shall not apply to the following:
Funeral processions or use of such devices by a church.
The production of music in connection with any parade authorized under any provision of law.
Special events, such as delineated by the Town Board, annual church festivals and other events, activities, carnivals, festivals, picnics, fundraisers, block parties, races, walks or gatherings of individuals that are required to obtain a permit or authorization from either the Town Board or Town Clerk. This subsection does not apply between the hours of 11:00 p.m. and 9:00 a.m. of the following day. During these hours this chapter shall apply.
The use of amplifiers or other sound-producing instruments or equipment in connection with any religious or political activity or any permitted athletic competition or recreational event held on athletic fields or stadiums within the Town, so long as the use of said amplifiers or other sound-producing instruments or equipment is permitted for use on the property.
Agricultural activities.
The discharge of firearms for the purposes of hunting during the hours permitted by state law.
Other official law enforcement activities.
This chapter shall be enforced by the Town of Manchester Zoning Officer or Code Enforcement Officer, any deputies thereof, the Ontario County Sheriff's Office, the New York State Police or any other law enforcement agency. Penalties for violating the provisions of this chapter shall be the same as in the Town of Manchester Zoning Local Law, § 325-71, as amended.