[HISTORY: Adopted by the Town Board of the Town of Hamlin 10-14-1996 by L.L. No.
5-1996 (Ch. 75 of the 1987 Code). Amendments noted
where applicable.]
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:
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.
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.
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.
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.
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.
A.
Noise from vehicles. No person shall operate a motor vehicle:
(1)
Which is equipped with noise control devices that have been altered
or modified to emit more noise than the noise control devices originally
supplied by the manufacturer of the vehicle;
(2)
Which is equipped with noise control devices that have not been maintained
to good working order; or
(3)
Which is in violation of the New York State Vehicle and Traffic Law.
B.
Noise from sound reproduction. No person shall operate a television,
phonograph, tape recorder, CD player, electrified musical instrument,
sound amplifier or similar device which produces, reproduces or amplifies
sound that can be heard through the closed windows and doors of a
living room, bedroom or den in a house located 50 feet from the source
of the noise, unless:
C.
Noise from stationary machines and stationary gasoline engines. No
person shall operate a stationary machine or stationary gasoline or
diesel engine which produces sound that can be heard through the closed
windows and doors of a living room, bedroom or a den of a house located
50 feet from the source of the noise unless:
A.
A first-time violator will be issued a warning to cease the offending
noise immediately. Noncompliance, after the warning, and all subsequent
offenses are punishable by a fine of not less than $100 nor more than
$250. Each day a violation continues it shall constitute a separate
offense.
B.
The Code Enforcement Officer for the Town of Hamlin or any police
officer serving the Town of Hamlin may ticket a violator and commence
an action to enjoin violation(s) of this chapter.
