[HISTORY: Adopted by the Town Board of the Town of Somerset 9-13-2011 by L.L. No. 3-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 65.
A. 
It is hereby declared to be the policy of the Town of Somerset, Niagara County, New York, to safeguard the right of its residents within the privacy of their homes to be free from unreasonably loud, intrusive, repetitive and/or otherwise annoying sounds. Problems concerning disturbance of peace and quiet by noise from various activities are best solved by thoughtful discussions 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 Somerset to establish standards, enforcement procedures and penalties.
B. 
This chapter shall be liberally construed so as to effectuate the purposes described herein. Nothing herein shall be construed to abridge the emergency powers of the Town Board, or the right of any governmental entity to engage in any of its necessary or proper activities.
As used in this chapter, the following terms shall have the meanings indicated:
DBA
Unit representing the sound level measured with the A-weighting network on a sound level meter.
PROPERTY BEING USED FOR RESIDENTIAL PURPOSES
Occupied property which contains one or more dwelling units, including but not limited to single-family dwellings, multiple dwellings with attached or detached dwelling units, senior citizen housing, adult residential care facilities, as well as hotels and motels.
No person shall cause or permit to be caused by any means:
A. 
Sound which causes the sound level to exceed 80 dBA between the hours of 7:00 a.m. and 11:00 p.m., nor 50 dBA between the hours of 11:00 p.m. and 7:00 a.m. on any property being used for residential purposes (other than the premises from which the sound emanates), including both the residence and the real property outside of the residence and forming a part of the residential property.
B. 
The use of any sound-emitting device inside or outside or a structure whereby the sound emitted from such device is audible on property being used for residential purposes at a point more than 100 feet from the real property boundary line of the property from which said sound emanates.
C. 
The use or operation of any sound-producing device, or the production of sound by any other means, within 500 feet of any school, church, synagogue, mosque, temple or courthouse while the same is in session, or within 500 feet of any hospital, nursing home or medical facility at any time, when such sound would disturb a reasonable person of normal auditory sensitivities present in such structure or facility, provided that conspicuous signs are displayed indicating the location of such facility.
D. 
The outdoor use or operation of any powered tool or equipment, including but not limited to saws, sanders, drills, grinders, lawn mowers or tractors, leaf blowers, or any other garden tools or equipment, audible on property being used for residential purposes between the hours of 11:00 p.m. and 7:00 a.m. of the following day, so as to disturb the quiet, comfort or repose of a reasonable person of normal auditory sensitivities.
E. 
The operation of any motor vehicle with a gross vehicle weight rating in excess of 10,000 pounds, or any auxiliary equipment attached to such motor vehicle, for a period longer than 15 minutes in any hour while the vehicle is stationary for reasons other than traffic congestion, so that the sound emanated therefrom is audible on property being used for residential purposes between the hours of 11:00 p.m. and 7:00 a.m. of the following day.
F. 
The operation, repair, rebuilding, modifying or testing of any motor vehicle, motorcycle, motorboat, go-cart, ATV or minibike so as to disturb the quiet, comfort or repose of a reasonable person of normal auditory sensitivities on property being used for residential purposes.
G. 
The use or operation of a refuse-collecting vehicle anywhere which, when collecting or compacting, projects sound which is audible on property being used for residential purposed between the hours of 11:00 p.m. and 7:00 a.m. of the following day.
H. 
The owning, possessing or harboring of any animal or bird which shall make sounds which are audible on property being used for residential purposes for a continued duration in excess of 15 minutes or which shall disturb the quiet, comfort or repose of a reasonable person of normal sensitivities.
I. 
The conduct of any construction activities, including but not limited to the erection, demolition, assembling, altering, installing or equipping of buildings, public or private roadways, roads, parks, utility lines or other property, including related activities such as land clearing, grading, earthmoving, excavating, blasting, filling or landscaping, so as to project a noise therefrom so as to disturb the quiet comfort or repose of a reasonable person of normal auditory sensitivities on property being used for residential purposes between the hours of 11:00 p.m. and 7:00 a.m. of the following day.
J. 
The making of any noise for advertising purposes in any street or public place to advertise any article, business, calling or profession by means of any horn, megaphone, siren, bell, radio or any other sound-producing or sound-amplifying mechanism, instrument or device.
Section 131-3 shall not apply to the following:
A. 
Municipally caused sounds.
B. 
Sounds caused by normal vehicular, railroad, boat or air traffic (excluding noise by horns, radios or other noise-emitting devices).
C. 
Sounds caused by emergency vehicles, emergency activities, or public warning devices.
D. 
Sounds produced by vehicles and/or implements, or combinations thereof, being used for farm purposes, or sound produced by farm animals.
E. 
Sounds caused by a vehicular horn or warning device when used in an emergency or warning situation.
F. 
Sounds caused by parades, free concerts, celebrations, or events in municipal parks or public places, sporting events or carnivals, fairs, exhibitions, or fireworks displays sponsored by municipalities or other civic organizations, provided that such event shall take place between the hours of 7:00 a.m. and 11:00 p.m.
G. 
Sounds caused by construction activity between the hours of 7:00 a.m. and 11:00 p.m.
H. 
Sounds caused by church, synagogue, mosque, temple, or other noncommercial reasons for assembly, by organs, bells, or chimes, musical instruments, choirs, or the like, having duration of not more than two hours.
I. 
Sounds caused by lawnmowers, leaf blowers, chainsaws, and other maintenance equipment when muffled in accordance with manufacturers' specifications, and while being used for property maintenance purposes between the hours of 7:00 a.m. and 11:00 p.m. or snowblowers when used at anytime.
This article may be enforced by any police agency. This provision shall not prohibit the bringing of a private action suit or the filing of an information by an individual. A violation of this chapter shall constitute an offense punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both such fine and imprisonment. In addition, the Town shall be entitled to injunctive relief from a court of competent jurisdiction. Each day that such violation occurs shall be deemed a separate offense and punishable as such.
If any word, phrase or part of this chapter shall be deemed unconstitutional or unenforceable, the remainder of this chapter shall remain in full force and effect.