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.
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.