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Town of Walworth, NY
Wayne County
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[HISTORY: Adopted by the Town Board of the Town of Walworth 8-2-1979 by L.L. No. 5-1979. Amendments noted where applicable.]
The creation of any unreasonably loud, disturbing or unnecessary noise in the Town of Walworth, New York, except in the pursuit of agricultural occupations, is prohibited. Noise of such character, intensity or duration as to endanger or infringe upon the public comfort, peace or repose or to be detrimental to the life or health of any individual is declared to be a nuisance and is prohibited.
No person shall sound any horn or signal device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control or, if in motion, only as a danger signal; nor create by means of any such signal device any unnecessary or unreasonably loud, harsh or prolonged sound; nor sound such device for an unnecessary and unreasonable period of time. This section shall not apply to fire, police and duly authorized emergency vehicles or stationary signaling devices used in connection with such organizations.
[Amended 5-31-2012 by L.L. No. 4-2012; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
No person shall amplify, operate, play or cause to be amplified, operated or played any electronic device, phonograph, musical instrument, or noise-emitting device in such a manner or with such volume between the hours of 10:00 p.m. and 7:00 a.m., so as to annoy the quiet, comfort or repose of persons inside or outside any dwelling or building within the Town, except as hereinafter provided.
B. 
No person shall, at any time, operate or cause to be operated, any noise-amplifying device such that the speakers that transmit such amplified sounds are pointed in the direction of any private residence located within 1,000 feet of the amplified sound.
C. 
Exceptions to Subsection A. The following shall be considered exceptions to Subsection A, and, in such cases, noise shall be permitted until 11:00 p.m. (except where otherwise allowed later by a special use/assembly permit):
(1) 
Events organized and held by the Town of Walworth.
(2) 
Public assembly events held during the hours specified in the public assembly permit and held in compliance with Chapter 131, Public Assembly, of this Code.
No person shall keep any animal or bird which, by causing frequent or long-continued noise, shall disturb the comfort or repose of any person in the vicinity.
No person shall use an automobile, motorcycle, motorbike, snowmobile, go-cart, ATV, bus or any other motorized vehicle or equipment out of repair or so loaded or in any manner modified as to create loud, unnecessary grating, grinding, rattling or other noise.
No person shall discharge or cause to be discharged into the open air the exhaust of any engine, motor vehicle or motorboat engine, except through a muffler equal to the original equipment or other device which effectively prevents loud or explosive noise therefrom, except in the pursuit of agricultural occupations.
No person shall create a disturbance or engage in improper conduct or abusive acts or language in any church, theater, public hall, public street or other locations throughout the Town limits.
[Added 4-20-2023 by L.L. No. 5-2023[1]]
Automatic cycling of residential standby generators shall only be permitted between the hours of 8:00 a.m. and 8:00 p.m. Automatic cycling outside of such times shall be deemed "loud and unnecessary noise" in violation of this chapter.
[1]
Editor's Note: This local law also renumbered former § 108-8, Penalties for offenses, as § 108-9.
[Amended 9-1-1994 by L.L. No. 1-1994; 10-7-1999 by L.L. No. 5-1999; 5-31-2012 by L.L. No. 4-2012]
Any person, corporation, partnership or business which shall violate a provision of this chapter shall be punished by a fine not to exceed $150 or imprisonment of not more than 15 days, or both such fine and imprisonment; provided, however, that a person, corporation, partnership or business which shall violate any provision of this chapter after having been convicted of a violation of any provision of this chapter within the preceding three years shall be punished by a fine not to exceed $300 or by imprisonment of not more than 15 days, or both such fine and imprisonment; and further provided that any person, corporation, partnership or business which shall violate any provision of this chapter after having been convicted two or more times of a violation of any provision of this chapter within the preceding three years shall be punished by a fine not to exceed $500 or by imprisonment of not more than 15 days, or both such fine and imprisonment. Notice of said violation shall be by appearance ticket duly served upon the responsible party creating the violation, or upon the property owner of the property from which the violation emanates, served personally or by regular mail and certified mail, return receipt requested, at the last known residential or business address of said individual, directing him or her to appear in Walworth Town Court.