[Amended 1-6-2014 by L.L.
No. 1-2014]
Applications for a permit for relief from the
noise level designated in this chapter on the basis of undue hardship
may be made to the Town Board or the duly authorized representative.
Any permit granted therefor shall contain all conditions upon which
said permit has been granted and shall specify a reasonable time that
the permit shall be effective. The Town Board, or the duly authorized
representative, may grant the relief as applied when it is found as
follows:
A.
That additional time is necessary for the applicant
to alter or modify his activity or operation to comply with this chapter.
C.
That no other reasonable alternative is available
to the applicant.
D.
The Town Board may prescribe any conditions or requirements
that seem necessary to minimize adverse effects upon the community
or the surrounding neighborhood.
The requirements, prohibitions and terms of
this chapter shall not apply to any authorized emergency vehicle when
responding to an emergency call or acting in time of emergency. The
terms of this chapter shall not apply to those activities of a temporary
duration permitted by law and for which a license or permit therefor
has been granted by the Town, including but not limited to parades
and fireworks displays; nor shall the terms of this chapter apply
to the operation of any vehicles or equipment when responding to an
emergency or a declared general state of emergency (i.e., civil defense,
storm).[1]
[1]
Editor's Note: Original Section 26-7, Field vehicles, and
Section 26-8, Compliance by existing devices and vehicles, which immediately
followed this section, were repealed 10-15-2012 by L.L. No. 6-2012.
[Added 1-6-2014 by L.L.
No. 1-2014[1]]
A.
Noise from
a field vehicle, defined herein, operated at a given premises shall
be classified as steady noise and when such vehicle(s) are capable
of disturbing, as provided herein, shall not be operated at a distance
separation less than 1,000 feet from a location or point normally
occupied by people or from a known or approved sanctuary for birds
and animals.
B.
Such field vehicle(s) may be operated on a premises at a lesser distance separation, provided that its owner or the owner’s superior (parent or guardian) can first of all prove to the designated enforcement official(s) by a suitable method, for the public record, that a given field vehicle is properly and permanently altered so that the vehicle (or group of vehicles so altered) can be certified for permission to be operated at the limiting levels for transient noise under Article II, § 230-3, Table 1, and adjusted for distance separation. However, these limitations shall not be construed to prevent the owner or operator of a field vehicle from traveling to or from home or points normally occupied by people, as provided above (state vehicle and traffic laws notwithstanding), but at a safe, low RPM and dB(A) noise level to the specified premises and distance separation for operating such field vehicle(s) at the desired RPM and noise level. A warning is given: Such high RPM and noise level may injure the hearing and mental health of the operator and consenting persons. The distance separation specified herein may be reduced, upon approval of the Town Board, for given locations, depending upon sound barriers and guarantees for the physical and mental safety of the nearby residents.
[Added 1-6-2014 by L.L.
No. 1-2014]
In the event that a noise cannot be made to conform to this chapter immediately after the effective date of this chapter, the provisions in § 230-5, Undue hardship, shall apply, provided that within 30 days a recognized sound engineering consultant makes the necessary recommendations for compliance and provides an acceptable time scheduled for prompt compliance with this chapter, then the undue hardship section application shall reflect such recommendation(s) and time schedule for compliance with this chapter with due and deliberate speed.
[Added 1-6-2014 by L.L.
No. 1-2014]
A.
Except
when a violator of this chapter is discovered by an enforcement official
and the owner of the property is contacted and this chapter is enforced,
a complainant must give his or her identity and address to the Code
Enforcement Officer or a law enforcement agency, or such other individual
authorized/designated by the Town Board for processing and enforcement
of this chapter.
B.
The Code
Enforcement Officer may make or cause to be made any investigation
or study which in his opinion is desirable for the purpose of enforcing
this chapter or controlling or abating an unnecessary noise. For such
purposes, the Code Enforcement Officer may make tests, conduct information
meetings, compel the attendance of witnesses, take their testimony
under oath and compel the production of books, papers and other things
reasonably necessary to the matter under consideration.
