The making and creating of disturbing, excessive or offensive
noises within the jurisdictional limits of the Town is a condition
which has disturbed the peace and quality of life of residents of
the Town, and the level and frequency of occurrences of such noises
has increased. These noise levels are a detriment to the public health,
comfort, convenience, safety and welfare of the citizens. Every person
is entitled to an environment in which disturbing, excessive or offensive
noise is not detrimental to his or her life, health or enjoyment of
property. This chapter is to be construed liberally, but it is not
intended to be construed as to discourage the enjoyment by residents
of normal, reasonable and usual activities.
As used in this chapter, the following terms have the meanings
indicated:
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 amplified musical instrument, radio, tape player, compact disc
player, phonograph, television, subwoofer, or any other sound amplifying
device.
The provisions of this chapter shall not apply to the following
acts:
A. The emission of sound for the purpose of alerting persons to the
existence of an emergency. This shall include sounds created by any
government agency by the use of public warning devices.
B. Noise from municipally sponsored celebrations or events.
C. Noise from individually sponsored events where a permit for public
assembly or other relevant permission has been obtained from the Town.
D. The operation or use of any organ, radio, bell, chimes or other instrument,
apparatus or device by any church, synagogue or school licensed or
chartered by the State of New York, provided that such operation or
use does not occur between the hours of 10:00 p.m. and 8:00 a.m.
E. Noise generated by the installation and maintenance of utilities.
F. Sounds created by lawn mowers, leaf blowers, or other yard maintenance
devices with an operating muffler or sound-dissipating device as designed
by the manufacturer between the hours of 7:00 a.m. and 9:00 p.m. on
weekdays and 8:00 a.m. and 9:00 p.m. on weekends.
G. The use of trucks, snow blowers or all-terrain vehicles (ATVs) to
remove snow.
H. The operation of any restaurant, tavern, bar, nightclub, disco or
other similar use, whether public or private, provided that:
(1) Between the hours of 2:00 a.m. and 12:00 noon that day, no noise
shall be caused by and/or emanate from said use such that said noise
can be heard inside any residence, regardless of whether the windows
of such residence are open; or
(2) At any other time, if said noise is unnecessary or unreasonable under
the circumstances; and
(3) That it also shall be the responsibility any owner, operator or proprietor
of such a business use or the owner, licensee or person in control
of any private premises to so limit the level of noise emanating from
the premises.
I. The operation of private clubs and meeting halls in the Town shall
be conducted so that no noise is caused by and/or emanates from said
use:
(1) Between the hours of 2:00 a.m. and 12:00 noon that day, such that
said noise can be heard inside any residence, regardless of whether
the windows of such residence are open; or
(2) At any other time, if said noise is unnecessary or unreasonable under
the circumstances.
(3) That it also shall be the responsibility any owner, operator or proprietor
of such a business use or the owner, licensee or person in control
of any private premises to so limit the level of noise emanating from
the premises.
Any person who violates any provision of this chapter shall
be guilty of a violation and, upon conviction thereof, shall be fined
in the following manner.
A. First offense: A fine of not less than $100 and not more than $250,
or to be imprisoned for a period not to exceed 15 days, or by both
such fine and imprisonment.
B. Second offense: If the second offense occurs within six months of
the first offense, the fine of not less than $200 nor more than $500
or imprisonment not to exceed 15 days, or by such fine and imprisonment.
Authorized law enforcement officers are hereby authorized to
temporarily confiscate a sound-reproduction device upon the issuance
of an appearance ticket for violating the provisions of this chapter
as evidence until the prosecution of this violation has concluded.
Enforcement shall be the responsibility of authorized law enforcement
officers.
As an additional remedy, the operation or maintenance or any
device, instrument, vehicle or machinery in violation of any provision
hereof and which causes discomfort or annoyance to reasonable persons
of normal sensitivities or which endangers the comfort or the health
or peace of residents in area shall be deemed, and is declared to
be, a public nuisance and may be subject to abatement summarily by
a restraining order or injunction issued by a court of competent jurisdiction.
It is the intention of the Town Board that each separate provision
of this chapter shall be deemed independent of all provisions herein.
And it is further the intention of the Town Board that if any provision
of this chapter be declared to be invalid, all other provisions thereof
shall remain valid and enforceable.