The Town Board of the Town of Warwick hereby declares its intent
to prevent unreasonably loud and disturbing noises as they are deemed
to be detrimental to the life, health, welfare and good order of the
people of the Town of Warwick. By this enactment, the Town Board intends
to promote the health, safety, morale and welfare of the people of
the Town, and, in exercise of its police powers in this regard, the
Town Board does hereby enact the following chapter. It is the intention
of the Town Board that this chapter be liberally construed so as to
effectuate the purposes described in this section.
For the purpose of this chapter, the terms herein are defined
as follows:
CODE ENFORCEMENT OFFICER
The Police Department, Building Inspector, Code Enforcement
Officer, and/or any other officer appointed by resolution of the Town
Board.
HOLIDAY
Any public holiday designated in New York State General Construction
Law § 24.
LAWN MAINTENANCE EQUIPMENT
To include but not be limited to lawnmowers, leaf blowers,
tractors, and other motorized vehicles or devices.
SOUND DEVICE OR APPARATUS
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sound(s).
The following acts are declared to be examples of loud, raucous,
disturbing and unnecessary noises when any such noise exceeds 75 dBa
at the adjoining property line or is of such a manner or with such
volume as to be plainly audible inside any residence, school or building
by those who are not voluntary listeners thereto or at any time with
louder volume than is necessary for the convenient hearing of the
voluntary listeners thereto in the place, room or vehicle in which
such sound-producing device is operational and are prohibited:
A. The operation of any sound-producing device in such a manner or with
such volume as to be plainly audible inside any residence between
the hours of 11:00 p.m. and 7:00 a.m. at a distance greater than 50
feet from the sound-producing device shall be prima facie evidence
of a violation of this section.
B. The sound produced by any animal, including birds, in such a manner
or with such volume as to be plainly audible inside any residence,
school or building by those who are not voluntary listeners thereto.
C. The sound produced by the engine or other parts of any motorized
cycle, ATV, or vehicle in proximity to any residence, where such cycle,
ATV or other vehicle is so operated or is operated in a such manner
as to create loud or unnecessary noise, including any grating, grinding,
rattling, growling, backfiring, howling, roaring unmuffled or alter-muffled
noise emanating from same.
D. The sound produced by the blowing of any steam whistle attached to
any stationary boiler, except to give notice of the time to begin
or stop work or as a warning of danger.
E. The sound produced by the discharge into the open air of the exhaust
of any steam engine, stationary internal-combustion engine or motor
vehicle engine, except through a muffler or other device which effectively
prevents loud or explosive noises therefrom.
F. The sound produced by the erection or construction, including excavation,
demolition, alteration or repair, of any structure other than between
7:00 a.m. and 7:00 p.m., Monday through Saturday, or 9:00 a.m. to
7:00 p.m., Sunday and holidays, except in case of urgent necessity
in the interest of public safety as determined by the Code Enforcement
Officer or pursuant to other applicable law adopted by the Town Board
of the Town of Warwick.
G. The creation of any loud or raucous noise any unnecessary noise on
any street or public place adjacent to any school or other institution
of learning, place of worship, hospital or court while the same is
in session, provided that conspicuous signs are displayed indicating
the existence of such school, place of worship, hospital or court.
H. The creation of a loud and excessive noise in connection with the
loading or unloading of any vehicle, or the opening and destruction
of bales, crates and containers in such a manner as to create an unreasonable
or unnecessary noise of unreasonable extent and duration.
I. The sound produced by the shouting and crying of peddlers, hawkers
and vendors, stationary or mobile, which disturbs the peace and quiet
of the neighborhood.
J. The sound produced by the use of any drum, loudspeaker or other instrument
or device, stationary or mobile, for the purpose of attracting attention
to any sale or display of merchandise by the creation of noise.
K. The sounding of any horn or signal device on any vehicle, except
as a warning signal pursuant to the provisions of Subdivision 1 of
§ 375 of the Vehicle and Traffic Law of the State of New
York.
L. Except as otherwise permitted herein, the use of any sound device,
loudspeaker or amplifier in such a manner that the sound is projected
directly therefrom outside of any building or out-of-doors, or the
use of any sound device, loudspeaker or amplifier which is in any
way fastened to or connected with any outside wall or window in any
building or structure so that the sound therefrom is projected outside
of such wall or window. Nothing herein contained shall be construed
to prevent the operation of a sound device, loudspeaker or amplifier
used in a reasonable manner by any person within any building or structure,
provided that said sound device, loudspeaker or amplifier is not so
arranged that the sound is projected therefrom directly outside of
any building or out-of-doors.
M. The creation of any loud or raucous noise of unreasonable extent
and duration which causes public inconvenience or alarm or disturbs
the public's peace, comfort and tranquility.
N. Operation of certain motor vehicles as noted below:
(1) The operation of any motor vehicle with a gross vehicle weight rating
(GVWR) in excess of 10,000 pounds or any auxiliary equipment attached
to such vehicle:
(a)
For a cumulative period longer than five minutes in any hour
on public or private property while the vehicle is stationary, for
reasons other than traffic congestion.
(b)
While the vehicle is stationary for reasons other than traffic
congestion between the hours of 11:00 p.m. and 6:00 a.m. Exception
is granted for truck-mounted refrigeration units located 200 feet
or more from the property line.
(2) The foregoing is determined to create an unnecessary and unreasonable
noise of an unreasonable extent and duration. This subsection shall
not apply to authorized emergency vehicles or to public utility vehicles
actually engaged in any emergency operations.
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 use of any trade, business or corporate
name or the name of any person, proprietor or vendor in such commercial
or business advertising shall be presumptive evidence that such advertising
was conducted by that person, business or corporation.
The following are permitted:
A. Sounds created by any government agency for a public purpose.
B. Sounds created by lawn maintenance equipment between the hours of
7:00 a.m. and 8:00 p.m., prevailing time, Monday through Saturday,
and 9:00 a.m. and 8:00 p.m., prevailing time, Sunday and holidays.
C. Sounds created by public utilities in carrying out operation of their
franchises.
D. Sounds connected with an authorized sporting event of any public
or private school, carnival, fair, exhibition, parade or similar event,
pursuant to a permit issued by the Town Board. Use of loudspeakers
to publicize any such event is permitted pursuant to a permit issued
by the Town Board. Any permit required herein for an event or loudspeaker
use must be obtained at least 48 hours prior to such event or use.
E. Sounds on private property which do not carry beyond the boundary
lines of the property on which they are created.
F. Use of loudspeakers in connection with election campaigns or other
political purposes, within 15 days prior to an election and between
8:00 a.m. and 8:00 p.m., prevailing time, provided that an application
for a permit is made to the Town Board and obtained at least 48 hours
prior to such loudspeaker use. Such application shall state the applicant's
name and purpose, and proposed location, hours, duration and volume
of such loudspeaker use.
G. Sound resulting from exigent or mitigating circumstances where necessary
or required in order to protect the health, safety or welfare of an
individual or the public.
H. Any sound generated by any accepted practice of an active agricultural
operation.
I. Any sound expressly permitted and approved under Chapter
164 of the Town of Warwick Code, entitled "Zoning."
The owners of premises upon which prohibited acts occur shall
be jointly and severally liable for all violations of this chapter.
Any person convicted of a violation of this chapter shall, for
a first conviction thereof, be punished by a fine of not more than
$250 or by imprisonment for not more than 15 days, or both; for a
second such conviction within six months thereafter, such person shall
be punished by a fine of not more than $500 or by imprisonment for
not more than 15 days, or both; and for a third or subsequent conviction
within six months after the first conviction, such person shall be
punished by a fine of not more than $1,020 or by imprisonment for
not more than 15 days, or both, for each such conviction.