[HISTORY: Adopted by the Town Board of the Town of Marion 6-10-1996 by L.L. No. 1-1996; amended in its entirety at time of adoption of Code (see Ch. 1,
General Provisions, Art. I). Subsequent amendments noted where applicable.]
A.
It is the declared policy of this chapter to promote and assure an
environment free from noise that threatens or affects the well-being
of the people; to protect, promote and preserve the public health,
safety and welfare by reducing and regulating sound and noise levels
that are audible beyond the property boundaries from which they emanate;
to promote the use and enjoyment of property; to protect the value
of property; to protect the enjoyment of sleep and repose; and to
protect and improve the quality of life.
B.
It is the further purpose of this chapter to allow all residents
and businesses of the Village to coexist harmoniously and in a manner
which is mutually respectful of the interest, rights and obligations
of all persons.
C.
The necessity for legislature intervention by the enactment of the
provisions of this chapter is hereby declared as a matter of legislative
determination, and this chapter should be construed liberally to effect
its purpose.
As used in this chapter, the following terms shall have the
meanings indicated:
Capable of being heard by a person of average hearing ability.
The line marking the confines or line of division between
lots or parcels of real property and any street and lots or parcels
of real property. Also, see "property line."
To perceive sound.
Every device in, upon or by which any person or property
is or may be transported or drawn, which is propelled by any power
other than muscular power, except vehicles which run only upon rails
or tracks. This definition shall include but not be limited to trucks,
buses, automobiles, vans, motorcycles, motor-driven cycles, motor
scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts,
minibikes, trail bikes and all other types of motorized recreational
vehicles.
An unenclosed motor vehicle having a saddle for the use of
the operator and two or three wheels in contact with the ground, including
but not limited to motor scooters and minibikes.
Any erratic, intermittent, statistically random oscillation
or unwanted sound.
Includes the singular and plural and also any natural person,
firm, corporation, political subdivision, government, agency, association,
club, partnership, society or any other form of association or organization
of any legal entity whatsoever. "Person" shall also include the owner,
manager, proprietor or person in charge of a bar, tavern or restaurant.
In addition to the boundaries of real property established
by deeds, this also includes those boundaries created by rental or
lease agreements.
Any machine or device for the amplification of the human
voice, music or any other sound. "Sound-amplifying equipment" shall
not include standard automobile radio as installed. "Sound-amplifying
equipment," as used in this chapter, shall not include warning devices
on authorized emergency vehicles or horns or other warning devices
on any vehicle used only for traffic safety purposes.
Any excessive or unusually loud sound which injures or endangers
the repose, health, peace or safety of a reasonable person of normal
sensitivities or which causes injury to animal life or damage to a
person's property or business. Standards to be considered in
determining whether noise is unreasonable include, but are not limited
to, the following:
The volume or intensity of the noise.
The frequency of the noise.
The periodicity of the noise.
Whether the noise is unusual, rare or incongruous with the surrounding
environment.
The volume and frequency of the ambient noise, if any.
The proximity of the noise source to any sleeping, residential,
educational, medical, religious or judicial facility.
The use, nature and character of the immediate area and zoning
district where the noise source exists.
The time of day or night the noise occurs.
The duration of the noise.
Whether the noise is recurrent, intermittent or constant.
Whether the noise is produced by a commercial or noncommercial
activity.
Whether the origin of the noise is natural, unnatural, or created
by man.
Unreasonable noise emanating from privately owned and occupied
property shall be determined at the property boundary line of any
person complaining of a violation of this chapter or, if no complainant
is known, at the property boundary line of the property from which
the alleged unreasonable noise is being created. In the case of unreasonable
noise emanating within a multiple residence, such determination shall
be made within any adjoining or adjacent apartment or hallway or common
area. Unreasonable noise emanating from public property shall be determined
at the complainant's property boundary line or, if no complainant
is known, at the property boundary line of the property where the
noise is being created.
Unreasonable noise is prohibited in the Town of Marion and shall
be a violation of this chapter. For the purpose of this chapter, the
Code Enforcement Officer or any law enforcement officer having jurisdiction
within the Town to enforce this chapter, including the Wayne County
Sheriff's Department, shall be considered a reasonable person
of reasonable sensitivities to determine noise violations.
The following acts, among others, are declared to be loud, disturbing
and unreasonable noises in violation of this chapter, but said enumeration
shall not be deemed to be exclusive, namely:
A.
Radios, phonographs, television sets and other sound-producing devices:
(1)
The following shall constitute unreasonable noise from the hours
of 7:00 a.m. until 11:00 p.m.:
(a)
The playing of any radio, television, musical instrument, or
other machine or device for producing, reproducing, or amplification
of sound, such that the sound is audible at 50 feet beyond the property
line of the premises upon which it is being used.
(2)
The following shall constitute unreasonable noise from the hours
of the hours of 11:00 p.m. until 7:00 a.m.;
(a)
The playing of any radio, television, musical instrument, or
other machine or device for producing, reproducing, or amplification
of sound, such that the sound is beyond the property line of the premises
upon which it is being used.
(b)
Parties. Producing sound, such that the sound is beyond the
property line of the premises which is being used.
(c)
The deliberate creation or allowance of sounds that disturb
the ambient quiet beyond the property line of the premises upon which
the sound is created.
B.
Motor vehicle repairs and testing. Repairing, rebuilding, modifying
or testing any motor vehicle or motorcycle or motorboat in such a
manner as to cause sound from such repairing, rebuilding or modifying
or testing to be heard in excess of 50 feet beyond the boundary line
of the real property from which said sound emanates or if heard between
the hours from 10:00 p.m. and 9:00 a.m.
C.
Burglar alarms. Sounding or permitting the sounding of any exterior
burglar alarm on any building, motor vehicle or boat, unless such
burglar alarm shall terminate its operation within 15 minutes of its
being activated. Any vehicle or boat upon which a burglar alarm has
been installed shall permanently display the telephone number at which
communication may be made with the owner of such motor vehicle or
boat.
D.
Refuse-compacting vehicles. The operating or permitting to be operated
of any motor vehicle which can compact refuse between the hours of
8:00 p.m. and 6:00 a.m. the following day in residential areas.
E.
Heavy construction equipment. The operating or permitting to be operated
of any motor vehicle which is considered to be heavy construction
equipment between the hours of 8:00 p.m. and 6:00 a.m. the following
day in residential areas. Examples of heavy construction equipment
include but are not limited to dump trucks, pay loaders, graders,
cranes and backhoes.
F.
Engine braking. Except in an emergency situation, no person may slow
a vehicle by the practice known as "engine braking," also referred
to as "Jake® braking" or "dynamic braking" whereby rapid downshifting
of a vehicle's engine is used in lieu of applying a vehicle's
brakes, causing loud noises to emit from the vehicle's engine
and exhaust system.
G.
The use and operation of all-terrain vehicles, dirt bikes and off-road
motorcycles on private property in such a manner as to cause sound
from such vehicle or motorcycle to be heard in excess of 50 feet beyond
the boundary line of real property from which sound emanates.
H.
Any noise which is intentionally caused to annoy, disturb, harass,
or injury any other person or business.
I.
Yelling and shouting, hooting, whistling, or singing on any public
street, sidewalk, business premises open to the public, office or
any public property, when intentionally done to create or recklessly
creating a risk of public annoyance, alarm or inconvenience.
J.
The unnecessary creation of sound from a motor vehicle, including
the squealing of tires, racing of engines, and playing of electronic
equipment, including radios, audible at 25 feet from the vehicle.
K.
Animals and birds. The keeping of any one or more animals or birds
whose noise, by virtue of loudness, duration, frequency or intensity,
causes public inconvenience, annoyance or alarm or creates unreasonable
noise.
(1)
Any animal or bird noise occurring between 10:00 p.m., and 7:00 a.m.,
and plainly audible at a distance 50 feet from the place of origination
of the noise, shall be prima facie evidence of a violation of this
chapter.
(2)
Any animal or bird noise occurring for any continuous period of five
minutes or more, or an aggregate of 15 minutes or more in any eight-hour
period, when such noise is plainly audible inside any portion of a
dwelling, residence, office or apartment other than the place where
the noise originated, shall be prima facie evidence of a violation
of this chapter.
L.
Exhausts. The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motorboat or motor
vehicle except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
M.
Defect in vehicle or load. The use of any automobile, motorcycle
or vehicle so out of repair, so loaded or in such a manner as to create
loud and grating, grinding, raffling or other unreasonable noise.
N.
The operation of equipment, including generators, engines, compressors,
and HVAC units, that is in such disrepair as to create noise beyond
the design specifications for the equipment, such that the sound is
audible beyond the property line of the premises upon which the sound
is created. "Disrepair" includes the reduction in effectiveness of
or elimination of any required muffling devices.
O.
No person shall engage in or permit any person to be engaged in construction
activities which create excessive noise at the property limits of
the construction site between the hours of 10:00 p.m. of one day and
7:00 a.m. of the following day on any day of the week.
The provisions of this chapter shall not apply to the following
acts:
A.
Nothing contained in this chapter shall be construed to prevent the
production of music, the sounding of bells or carillons, sounding
of gongs or blowing of any whistle, horn or signaling devices in connection
with any military, civic or authorized parade, funeral procession
or religious ceremony.
B.
Sounding of bells, horns, sirens or any other instrument by a fire
apparatus or station, police or any other vehicle or person in the
event of an emergency situation.
C.
Creation of sounds by public utilities in carrying out the operation
of their franchises, including required emergency repairs.
D.
Sporting events of any public or private school.
E.
Creation of sounds connected with an authorized carnival, fair, exhibition,
parade, etc., allowed by permit of the Town of Marion, which permit
shall specify the dates and times during which such event is authorized.
F.
Lawful discharge of firearms.
G.
Agricultural activities.
H.
Reasonable use of properly maintained and operated lawn mowers, hedge
trimmers, leaf blowers, snowblowers, recreational vehicles and other
domestic power tools and devices utilized for the care and maintenance
of one's property between the hours of 7:00 a.m. and 9:00 p.m.
I.
Sounds created by the normal operation of a properly functioning
heating or cooling unit.
J.
Lawfully permitted fireworks displays.
K.
Noise from municipally sponsored celebrations or events.
L.
Noise from individually sponsored events where a permit for public
assembly or other relevant permission has been obtained from the Town
of Marion.
M.
Noise generated by the installation and maintenance of utilities
and street repair.
If any person shall violate the provisions of this chapter,
said person shall be punished by a fine of up to $100 for a first
offense; a fine up to $250 for a second offense; a fine of up to $500
for a third offense; a fine of $1,000 for a fourth offense; and a
fine of $2,000 for a fifth offense. In addition to specified fines,
violators are subject to imprisonment for up to 15 days.
This chapter shall be enforceable by state, county and local
police officers and/or by the Village Code Enforcement Officer, who
are authorized to issue appearance tickets for violations of this
chapter in accordance with the Criminal Procedure Law of the State
of New York.
