[HISTORY: Adopted by the Town Board of the Town of North
Collins 9-7-1983 by L.L. No. 1-1983 (Ch. 125 of the 1991 Code). Amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Noise Control
Law of the Town of North Collins, New York."
The purpose of this chapter is to promote and protect the peace,
quiet, health, well-being and general welfare of the Town of North
Collins and its inhabitants. The Town Board finds and declares that
excessive, unreasonably loud and disturbing noise is a health hazard
and a matter of increasing concern in the Town of North Collins and
that the public interest can best be served by the enactment of this
chapter prohibiting such noise. This chapter shall apply to the Town
of North Collins outside the incorporated limits of the Village of
North Collins.
For the purpose of this chapter, the following words shall have
the meanings ascribed to them in this section:
Any sound which annoys, disturbs, injures or endangers the
peace, repose, health, safety or comfort of reasonable persons of
adult sensitivity in the Town of North Collins or a considerable number
of persons or which causes injury or damage to animal life, property
or business.
Any individual, partnership, corporation or other legal entity.
Any device or machine for the electronic amplification of
the human voice, music or any other sound.
Except for sounds permitted by § 160-6 of this chapter, no person shall transmit or permit to be transmitted across the boundaries of property occupied by another in the Town of North Collins any excessive, unreasonably loud or disturbing noise arising out of the use or operation of:
A.
Any radio, television set, radio player, tape recorder, jukebox,
amplified musical instrument or other sound-amplifying equipment.
B.
Any minibike, snowmobile, motorcycle, dune buggy or other motored
device on private property within 200 feet of any residential dwelling
between the hours of 11:00 p.m. and 7:00 a.m., except for ingress
and egress to or from the operator's residence.
C.
Any minibike, snowmobile, motorcycle, dune buggy or other motored
device on public property, including the parks, recreation areas,
streets and lands of the Town of North Collins, except in such areas
and along routes specifically designated, set aside and reserved therefor
by resolution of the Town Board.
D.
Any place of entertainment or amusement, including restaurants, cafes,
bars, discotheques, pool halls or game parlors, between the hours
of 11:00 p.m. and 7:00 a.m.
E.
Any construction equipment, machinery or tools or the detonation
of explosives between the hours of 11:00 p.m. and 7:00 a.m., except
in cases of emergency or pursuant to a permit issued by the Town Board.
F.
Any motor vehicle in a sudden or purposeful manner unrelated to highway
safety or the sounding of any motor vehicle horn or signaling device,
except as a danger warning, or the repair, rebuilding or testing of
any motor vehicle in residential-zoned districts between the hours
of 11:00 p.m. and 7:00 a.m.
A.
In determining whether a particular sound is excessive, unreasonably
loud and disturbing, the court shall consider:
(1)
The volume of the sound.
(2)
The intensity of the sound.
(3)
Whether the nature of the sound is usual or unusual.
(4)
Whether the origin of the sound is natural or unnatural.
(5)
The proximity of the sound to residential sleeping facilities.
(6)
The time of day or night the sound occurs.
(7)
The time duration of the sound.
(8)
Any other factor the court shall expressly find to be relevant and
material.
B.
In any decision made pursuant to this chapter, the court shall set
forth the factors it considered and the reasons for its decision,
and such may not be waived by either party or counsel.
The transmission of the following sounds in the Town of North
Collins is permitted:
A.
Sounds of bells or similar devices summoning people to places of
public worship or in connection with fund-raising activities of nonprofit
organizations.
B.
Sounds created by farmers in the necessary operation of their farms.
C.
Sounds created by civil defense, ambulance, police, fire and similar
agencies for public safety or in alerting persons to the existence
of an emergency.
D.
Sounds connected with sports and sporting events.
E.
Sounds necessary in the performance of emergency work.
F.
Sounds transmitted by industry or noise-emitting businesses or occupations
located within proper zoning districts.
Any person violating any of the provisions of this chapter shall
be deemed guilty of a violation and, upon conviction thereof, shall
be punishable by a fine of not more than $250 or by imprisonment for
not more than 15 days, or by both such fine and imprisonment.
