Problems concerning the disturbance of peace and quiet by noise
from various activities are best solved by thoughtful discussion and
cooperative agreements between affected parties. However, to resolve
remaining problems of noise which is disturbing to others, it is the
policy of the Town of Hamlin to establish some standards, enforcement
procedures and penalties. It is hereby declared to be the policy of
the Town to prevent certain noises that make it difficult for residents
within the privacy of their homes to be free from intrusive unwanted
sounds.
As used in this chapter, the following terms shall have the
meanings indicated:
EXCESSIVE NOISE
A.
Sound which is annoying, causes alarm, disturbs a reasonable
person of reasonable sensitivity, unreasonably causes public inconvenience,
or unreasonably disturbs the quiet use and enjoyment of one's
life and property. Such sound includes but is not limited to mechanically
increased volume of sounds of the human voice, musical instruments,
recorded music, or any other mechanically enhanced sound-producing
or -reproducing device, apparatus or device.
B.
Excessive noise also includes incessant or repeated sounds that
have the effect of disturbing the welfare, comfort, peace and quiet
of the community, or any sound in excess of 85 decibels.
MOTOR VEHICLE
A motor-driven machine commonly used to move a person from
place to place and shall include every such machine capable of being
legally driven upon a public highway other than by muscular power
alone. The term "motor vehicle" shall also include snowmobiles, dirt
bikes and all-terrain vehicles (ATVs) but shall exclude farm machinery
and emergency vehicles such as fire trucks and ambulances.
NOISE
Any sound capable of being heard through the closed windows
and doors of a bedroom, living room or den of a house located 50 feet
or more from the source of the device emitting the sound.
NOISE CONTROL DEVICES
Any muffler, baffle, packing material or metal tubing placed
in the exhaust system of a gasoline or diesel engine to reduce the
sound emitted by the engine while in operation.
PERSON
Any individual, firm, association or corporation, whether
such person is the owner, lessee or charter member, its servants,
agents or employees and/or their guests.
SOUND DEVICE OR APPARATUS
Any radio device or apparatus or any device or apparatus
or the amplification of sounds from any radio, phonograph or other
sound-making or sound-producing device or any device or apparatus
for the reproduction or amplification of the human voice or other
sounds.
STATIONARY MACHINE
A machine that is being operated continuously or intermittently
from one location even though the machine may be capable of being
moved to a different location.
TO USE OR OPERATE ANY SOUND DEVICE OR APPARATUS IN, ON, NEAR
OR ADJACENT TO ANY PUBLIC STREET, PARK OR PLACE
To use or operate or cause to be used or operated any sound
device or apparatus in front of or outside any building, place or
premises or in or through any window, doorway or opening of such building,
place or premises abutting on or adjacent to any public street, park
or place where the sounds therefrom may be heard upon any public street,
park or place or from any stand, platform or other structure or from
any airplane or other device used for flying, flying over the Town
or in any boat or on the waters within the jurisdiction of the Town
or anywhere on or in the public streets, parks or places.
UNNECESSARY
That which is not required by usual circumstances.
UNREASONABLE NOISE
Any disturbing, excessive or offensive sound that disturbs
a reasonable person of normal sensitivities.
USUAL
The normal noise range for a particular type of vehicle or
mechanism.
This chapter shall not apply to the operation or use of any
organ, bell, chimes or other instrument, apparatus or device by any
church, school or municipal facility, warning devices on machinery
used to provide emergency services, OSHA-required warning devices
or to farm machinery found to be sound practice by the New York State
Commissioner of Agriculture. This chapter shall also not apply to
any noise created during events sponsored by any church, school, local
government entity, veterans' organization or organizations responsible
for providing emergency services to the Town.