This chapter shall be known as the "Noise Control Law of the
Town of Dickinson."
It is hereby declared to be the policy of the Town of Dickinson
to prevent excessive, unnecessary or unusually loud noise. It is further
declared that the provision and prohibitions hereinafter contained
and enacted are in pursuance of and for the purpose of preserving,
protecting and promoting the public health, comfort, convenience,
safety, welfare and prosperity and the peace and quiet of the Town
of Dickinson and its inhabitants.
Unless otherwise indicated by context, the following terms and
phrases shall have the following meanings:
DEVICE
Any machine, mechanism or equipment which is intended to
or which actually produces sound or vibration.
PERSON
Any individual, partnership, company, public or private corporation,
association, firm, organization, political subdivision, governmental
agency, administration or department, municipality, trust, estate,
group of individuals or any other legal entity whatsoever.
SOUND REPRODUCTION DEVICE
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any musical instrument, radio, television, tape recorder, photograph
or any other sound-amplifying device.
UNNECESSARY NOISE
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of a person or which causes injury to animal
life or damage to property or business. Standards to be considered
in determining whether unnecessary noise exists in a given situation
include, but are not limited to, the following:
A.
The intensity of the noise.
B.
Whether the nature of the noise is usual or unusual.
C.
Whether the origin of the noise is associated with nature or
with man-made activity.
D.
The intensity of the background noise, if any.
E.
The proximity of the noise to sleeping facilities.
F.
The nature and the zoning district of the area from which the
noise emanates.
G.
The time of the day or night the noise occurs.
H.
The time duration of the noise.
I.
Whether the sound source is temporary.
J.
Whether the noise is continuous or impulsive.
The Town Board shall have the authority to make, amend and rescind
such procedural rules as may be necessary to carry out the provisions
and intent of this chapter.
Nothing in this chapter shall restrict any right which any person
might have under any statute, including but not limited to the Environmental
Conservation Law, Vehicle and Traffic Law, Labor Law and the Industrial
Code, or the common law, to seek enforcement of any noise control
requirement contained in such statutes or common law or to seek any
other relief.
The following acts are prohibited and declared to be a violation
of this chapter, said enumeration not to be deemed exclusive:
A. The keeping in any building or upon any premises of any animal, bird
or fowl which produces and creates noises of a degree and kind or
in such a manner as to disturb the peace, quiet and comfort of Town
residents or of any other reasonable person of normal sensitiveness,
whether residing in the Town or not.
B. The playing of music or a sound reproduction device or the operation
of any radio, television or stereo device in such a manner and with
such volume as to disturb the peace, quiet and comfort of the Town
residents or of any reasonable person of normal sensitiveness.
C. The playing of music by any band or orchestra or a sound reproduction
device in such a manner as to disturb the sleep, comfort, repose,
health or safety of Town residents or of any other reasonable person
of normal sensitiveness.
D. The operation of a motor vehicle, motorcycle, or other motorized
device in such a manner as to cause unnecessary noise (e.g., spinning
or squealing the tires, loud muffler or exhaust system) of such vehicle
so that it disturbs the peace, quiet and comfort of Town residents
or of any reasonable person of normal sensitiveness.
E. The operating or permitting to be operated in a place of public entertainment,
including but not limited to a restaurant, bar, cafe, discotheque
or dance hall, a sound reproduction device in such a manner as to
disturb the sleep, comfort, repose, health or safety of Town residents
or of any other reasonable person of normal sensitiveness.
Nothing contained in this chapter shall be construed to prevent
the production of music in connection with any military, civic or
authorized parade, funeral procession or religious ceremony, nor to
prevent any musical performance conducted with the consent of the
Town Board or its designee.
The Town Board is hereby authorized to suspend by resolution
any of the provisions of this chapter in connection with any holiday
celebration or upon any occasion of special public interest, for such
time and upon such conditions as shall be prescribed by the Town Board.
Any person committing an offense against any provision of this
chapter shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment. The continuation of any offense against
any provision of this chapter shall constitute a separate and distinct
offense hereunder for each period of 24 hours in which the offense
is continued.