[HISTORY: Adopted by the Town Board of the Town of Eaton 3-11-2002 by L.L. No.
1-2002. Amendments noted where applicable.]
It is hereby declared to be the policy of the Town Board to
prevent unreasonably disturbing and unnecessary noise. It is the intention
of the Town Board to reduce the level of nuisance noise within the
Town of Eaton so as to preserve, protect and promote the public health,
safety and welfare and to foster convenience, peace and quiet of the
Town by the inhabitants and transients within the Town of Eaton. The
Town Board finds that every person is entitled to have maintained
noise levels which are not detrimental to life, health and enjoyment
of property, in that excessive and unnecessary noise within the Town
of Eaton adversely affects property values and is a menace to the
public health, safety and welfare and the comfort of the people of
the Town of Eaton.
In the Town of Eaton no person, including any person owning,
occupying or having charge of any building or premises, or any part
thereof, shall cause, suffer or allow any unreasonable noise, including
any unreasonable noise in the operation or use of any radio, phonograph
or other mechanical or electrical or reproducing device, instrument
or machine, whether located inside or outside a building. No person
shall operate any motor vehicle, snowmobile or all-terrain vehicle
in such manner, or in such mechanical state, as to produce any unreasonable
noise.
The term "unreasonable noise" shall include but not necessarily
be limited to the following:
A.
Automobile engine or exhaust noise that exceeds the normal operating
noise of the vehicle, as well as noise from the spinning or squealing
of tires;
B.
Noise from a barking dog or other animal for such an extended period
of time as to annoy, disturb, injure or endanger the comfort, repose,
health, peace or safety of a reasonable person of normal sensitivities;
C.
The creation of any loud, disturbing or unnecessary noise that annoys,
disturbs, injures or endangers the comfort, repose, health, peace
or safety of a reasonable person of normal sensitivities, including,
but not limited to, the playing of any radio, phonograph, sound-amplifying
equipment, musical or other instrument or device in such manner and
of such volume as to annoy or disturb the quiet, comfort or repose
of persons in any dwelling, residence, business or other building.
A.
No person shall sound any horn, siren or other noise-making signal
except to signal danger, nor shall be or she repeat such sounding
for any longer than necessary for the purpose of giving warning.
No person shall operate a motor vehicle, lawn mower, leaf blower,
chainsaw or other landscaping equipment or any internal combustion
engine without a muffler properly functioning and maintained in accordance
with the original design and manufacturing specifications of the motor
vehicle or equipment such as to reduce noise to a reasonable minimum.
The provisions and restrictions of this chapter shall not apply
to the conduct of sound agricultural practices as defined and construed
under § 308 of the Agriculture and Markets Law.
The provisions and restrictions of this chapter shall not apply
to any parade, picnic, field days or other similar type of event conducted
and/or sponsored by any governmental body or any volunteer fire company
or other civic or charitable organization.
Any person or organization not eligible for the exemption provided by § 140-7 of this chapter may obtain a special event permit for a special event or activity lasting not more than 48 consecutive hours, which permit will exempt the specified event or activity from the provisions and restrictions of this chapter during the period of time specified in the permit. Such permit may be obtained by submitting an application specifying the nature, location and duration of the event, along with the names and mailing addresses of all adjoining property owners and an application fee of $10 to the Town Clerk. Upon issuance of the permit, the Town Clerk shall mail a copy of the permit to all adjoining property owners. No more than two such special event permits may be issued for the same premises within a single calendar year.
Any persons violating any provision of this chapter shall be
subject to a fine not to exceed $250 or imprisonment not to exceed
15 days, or both such fine and imprisonment.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this chapter, but shall be confined in its operation
to the clause, sentence, paragraph, section or part of this chapter
directly involved in the controversy in which such judgment shall
have been rendered.
