Town of LeRoy, NY
Genesee County
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[HISTORY: Adopted by the Town Board of the Town of LeRoy 8-28-2014 by L.L. No. 2-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 63.
Fireworks — See Ch. 78.
Go-carts and racetracks — See Ch. 88.
[1]
Editor's Note: This local law also repealed former Ch. 105, Noise, adopted 6-13-2013 by L.L. No. 2-2013.
The making and creating of disturbing, excessive or offensive noises within the jurisdictional limits of the Town of LeRoy is a prohibited by this chapter. It is hereby declared to be the policy of the Town Board of the Town of LeRoy to prevent any unreasonable, loud, disturbing and unnecessary noise. Excessive noise levels are a detriment to the public health, comfort, convenience, safety and welfare of the residents of the Town of LeRoy. Every resident is entitled to an environment free from disturbing, excessive or offensive noise, which noise is detrimental to his or her life or health, or the enjoyment of his or her property. This chapter is to be construed liberally, but it is not intended to be construed so as to discourage the enjoyment by residents of normal, reasonable and usual activities.
For the purpose of this chapter, the terms used herein are defined as follows:
A-WEIGHTED SOUND LEVEL
The sound pressure level in decibels as measured on a sound level meter using the A-weighting network. The level so read is designated "dBa."
dBa
The A-weighted sound level in decibels. dBa shall be measured by a general purpose sound level meter complying with the provisions of the American National Standards Institute, properly calibrated and operated on the A-weighting network.
PERSON
Any individual, firm, association, partnership, limited liability partnership, limited liability company, or corporation, whether such person is the owner, lessee or charter member, member, manager, shareholder, officer, director or servant, agent or employee of such entities or their guests or invitees.
SOUND DEVICE OR APPARATUS
Any radio device or apparatus or any device or apparatus for the amplification of sounds from any radio, phonograph, stereo, tape deck, computer or other sound-making or sound-producing device or any device or apparatus for the reproduction or amplification of the human voice, music or other sounds.
TO USE OR OPERATE ANY SOUND DEVICE OR APPARATUS IN, ON, NEAR OR ADJACENT TO ANY PUBLIC ROAD, 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 a 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, public road, 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, public roads, parks or places.
UNNECESSARY
That which is not required by usual circumstances.
USUAL
The normal noise range for a particular type of vehicle or mechanism.
A. 
No person, with the intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof, shall cause, suffer, allow or permit to be made unreasonable noise. For the purpose of this chapter, "unreasonable noise" is any disturbing, excessive or offensive sound that disturbs a reasonable person of normal sensitivities.
B. 
The following acts among others by any person are declared to be prima facie evidence of a violation of this chapter. This enumeration shall not be deemed exclusive.
(1) 
Any unnecessary noise from any sources which are of such character, intensity and duration as to be detrimental to the life or health of any individual or contrary to the public welfare, especially between the hours of 11:00 p.m. and 7:00 a.m. the following day.
(2) 
Noise from a dog or other pet/animal that is frequently disturbing the comfort and repose of any person in the vicinity and exceeds 15 minutes' duration.
(3) 
The use of any automobile, motorcycle or vehicle so out of repair or so loaded or operated in such a manner as to create loud and unnecessary noise; the making of improper noise or disturbance or operating an automobile or motorcycle in such a manner as to cause excessive squealing or other excessive noise of the tires or excessive noise from a defective exhaust system.
(4) 
Noise from a burglar alarm or other alarm system of any building, motor vehicle or boat which is continuous and exceeds 15 minutes' duration.
(5) 
Noise from any sound-reproduction system, operating or playing any radio, portable radio, tape player, television, computer, tape deck or similar device that reproduces or amplifies sound in such a manner as to be heard above 65 decibels over any property line, between 7:00 a.m. and 11:00 p.m. and above 25 decibels between 11:00 p.m. and 7:00 a.m.
(6) 
The erection, including excavation, demolition, alteration or repair, of any building other than between 7:00 a.m. and 11:00 p.m., except in case of an emergency or in furtherance of public safety.
(7) 
The operation of power equipment in residential zones outdoors between the hours of 11:00 p.m. and 7:00 a.m. the following day and on weekends between 11:00 p.m. and 8:00 a.m.
(8) 
The sounding of any horn or signaling device of an automobile, motorcycle or other vehicle for any unnecessary or unreasonable period of time. This does not include vehicles equipped with backup signaling devices for safety purposes.
(9) 
Offering for sale anything by shouting or crying out to the public. The use and operation of sound devices and apparatus for commercial or business advertising purposes are prohibited. 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, public road, park or place for commercial or business advertising purposes.
The provisions of law shall not apply to the following acts:
A. 
The emission of sound for the purpose of alerting persons to the existence of an emergency or the movement of vehicles/equipment for safety purposes [e.g., see § 105-3B(8)].
B. 
Noise from Town-sponsored celebrations or events.
C. 
Noise from individually sponsored events which have been authorized by the Town Board of the Town of LeRoy.
D. 
The operation or use of any organ, radio, bell, chimes or other instrument, apparatus or device by any church, synagogue or school licensed or chartered by the State of New York.
E. 
Noise generated by the installation and maintenance of utilities.
F. 
Noise that complies with state, county, and Town legislation on the "right to farm," when conducted according to sound agricultural practices, and not conducted in a reckless or negligent manner.
Any person who violates the provisions of this chapter shall be guilty of a violation and shall be subject to the performance of community service and/or a fine of not less than $50 and a maximum fine not exceeding $250. For the second offense committed within two years of the conviction of the first offense, the fine shall be not less than $100 but not in excess of $500.
If any word, phrase or part of this chapter shall be declared unconstitutional, the same shall be severed and separated from the remainder of this chapter, and said remainder shall continue in full force and effect.
This law replaces Local Law 2 of 2013 of the Town of LeRoy.
This chapter shall become effective immediately upon filing with the Secretary of State of the State of New York.