Town of Lumberland, NY
Sullivan County
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[HISTORY: Adopted by the Town Board of the Town of Lumberland 3-15-1990 by L.L. No. 1-1990. Amendments noted where applicable.]
Zoning — See Ch. 250.
Following is a chapter to amend the Code of the Town of Lumberland and replace the existing noise ordinance with a new law. It will provide for control of unnecessary noise in the Town of Lumberland with penalties for violation of the chapter.
As used in this chapter, the following terms shall have the meanings indicated:
A disturbing or offensive sound, din, clamor, uproar or racket of any kind which causes public inconvenience or alarm or disturbs the public's peace, comfort, health or tranquility.
Includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint stock and membership societies and all other entities capable of being used.
Any apparatus or device for the making, reproduction or amplification of the human voice or other sounds.
Between the hours of 9:00 p.m. and 7:00 a.m. any day of the week except as otherwise hereinafter provided, within the limits of the Town of Lumberland, any noise which unreasonably interferes with the sleep, comfort, repose, health or safety of others or which causes public inconvenience or alarm is prohibited.
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The following acts are prohibited and declared to be a violation of this section; said enumeration not to be deemed exclusive:
The ringing of bells, sounding of gongs, or blowing of any whistle or horn other than musical instruments when used as a part of a band of music, except to give necessary signals upon a motor vehicle, bicycle or similar vehicle.
The use of amplifying or public address systems shall be limited to emergency announcements for residents of the property on which such system is located. Use of such amplifying or public address systems to reproduce any radio, television program or for the playing of music of any kind is hereby prohibited.
The operation or use of any pile driver, power shovel, pneumatic hammer, derrick, steam or electrical hoist or other apparatus in the process of any building operation, between the hours of 8:00 p.m. and 7:00 a.m., the use of which is attended by loud or unusual noise, except by recommendation of the Environmental Management Council and by authorization pursuant to a resolution of the Town Board, and then only granted in the event of an emergency.
The creation of loud or excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates or containers.
The keeping in any building or upon any premises of any animal, bird or fowl which produces and creates noise of a degree and kind to disturb comfort, repose and quiet of neighbors or persons residing in the vicinity.
The firing or discharging of a gun, firecracker, gunpowder or other combustible substances within the limits of the Town of Lumberland with the intention and for the purpose of making noise or for the purpose of attracting attention, except upon some special celebration or occasion, in which the latter event the permission of the Environmental Management Council and the approval of the Town Board shall first be obtained from the Town Clerk and, if granted, shall indicate specifically the date, time and place that such activity is authorized.
The playing of music by any band or orchestra or sound-producing device or the operation of any radio, television receiver or phonograph in such a manner as to annoy or disturb the quiet, comfort or repose of persons in any dwelling or other type of residence located within the Town of Lumberland except as hereinafter provided.
The creation of any excessive noise on any street or highway adjacent to any public or parochial school or hospital or nursing home, provided that conspicuous signs are displayed on such street or highway indicating that the same is a school or hospital zone and that quiet is required.
The creation of any sound or noise from any device known as a sound truck or motor vehicle containing an amplifying system whereby sounds, music or words are transmitted upon the public street or highway of the Town of Lumberland, unless specific permission is obtained from the Environmental Management Council with the approval of the Town Board, which such permit, if and when issued, shall indicate the specific dates and times that the operation of such sound trucks or movable amplifying systems shall be authorized.
The shouting and crying of peddlers, hawkers and vendors which disturbs the peace and quiet of the neighborhood. In addition, the use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention to any sale or display of merchandise by the creation of noise, unless permission is granted by the Town Board.
The use of any automobile, motorcycle, trail bike, minibike, snowmobile, bus, motor boat or vehicle so loaded or in such manner as to create loud and excessive grating, grinding, rattling or other noise.
It shall be unlawful for any person to use or operate, or cause to be used or operated, any sound device or apparatus in, on, near or adjacent to any public street, park or place for commercial or business advertising by means of any sound device or apparatus. The use of any trade, business, corporate name or the name of any person, proprietor or vendor in such commercial or business advertising shall be presumptive evidence that such advertising was conducted by that person, business or corporation.
Nothing contained in this chapter shall be construed to prevent the production of music in connection with any military, civic or authorized parade, funeral procession or religious ceremony, nor to prevent any musical performance conducted by consent of the Town Board. The provisions of this chapter shall not apply to any authorized motor vehicle. The following sounds shall not be deemed to be a violation of this chapter:
Sounds created by religious bells or chimes.
Sounds created by any government agency by the use of public warning devices.
Sounds created by lawn mowers between the hours of 7:00 a.m. and 8:00 p.m., prevailing time, weekdays, and 8:00 a.m. and 8:00 p.m., prevailing time, weekends.
Sounds created by public utilities in carrying out operations of their franchise.
Sounds connected with sporting events of any public or private school, or authorized carnivals, fairs, exhibitions, parades, etc., allowed by the recommendation of the Environmental Management Council and by permission of the Town Board.
Emergency vehicles, including but not limited to fire engines and ambulances.
Sounds emanating from the firehouse in the line of duty.
The Town Board is hereby authorized, by resolution, to suspend any of the provisions of this chapter in connection with any holiday celebration or upon any occasion of specific public interest for such time and upon such conditions as shall be prescribed by the Town Board.
The playing of music by way of radio, electrical device, live band or orchestra, or disc jockey outdoors on Friday, Saturday or Sunday for special functions on such nights shall be permitted, provided application is made to the Town Clerk of the Town of Lumberland and with the approval of the Town Board for permission for any function for which such music shall be desired on Friday, Saturday or Sunday. The application shall be made on forms provided by the Town Clerk of the Town of Lumberland, and the permit shall be issued without fee.
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against any provision of this chapter shall constitute a separate and distinct offense hereunder for each period of 24 hours the offense is continued.
This chapter shall be administered and enforced by the Lumberland Constables or other law enforcement agency.