[HISTORY: Adopted by the Town Board of the Town of Urbana 11-13-2001 by L.L. No. 2-2001. Amendments noted where applicable.]
The Town Board of the Town of Urbana hereby declares its intent
to prevent unreasonably loud and disturbing noises as they are deemed
to be detrimental to the life, health and welfare of the people of
the Town of Urbana. By this enactment the Town Board intends to preserve,
protect and promote the public health, safety and welfare and to foster
peace and quiet within the Town of Urbana, and in this regard, the
Town Board does hereby enact the following chapter. It is the intention
of the Town Board that this chapter shall be liberally construed so
as to effectuate the purposes described in this section.
A.
No person, with the intent to cause public inconveniences, annoyance
or alarm, or recklessly creating a risk thereof, shall cause, suffer,
allow or permit to be made an unreasonable noise. For purposes of
this chapter, "unreasonable noise" is any excessive or unusually loud
noise which either annoys, disturbs, injures or endangers the comfort,
repose, health, peace or safety of a reasonable person of normal sensitivities.
B.
The Urbana Town Board establishes, as hours of repose, that time
period between the hours of 11:00 p.m. and 7:00 a.m.
(1)
During the hours of repose, the public at large shall have a reasonable
expectation to remain undisturbed by any unnecessary noise or disturbance.
(2)
No noise shall be created or caused so that its sound is of ample
volume as to leave the premises and cause a disruption or disturbance
during the hours of repose.
(3)
Noise from a dog, or other pet animal, that is substantially continuous
for a period in excess of 15 minutes shall be considered as unnecessary
noise, whether within or without the hours of repose.
The provisions of this chapter shall not apply to the following
acts:
A.
The emission of sound for the purpose of alerting persons to the
existence of an emergency.
B.
Noise from municipally sponsored celebrations or events.
C.
Noise from individually sponsored events where a permit for public
assembly or other relevant permission has been obtained from the Town
Clerk, subject to the approval of the Town Supervisor.
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 created in an industrial operation as a normal consequence
of the manufacturing process.
Upon receipt of a complaint by any person(s) designated by the
Town Board as the Code Enforcement Officer(s) responsible for enforcement
of this chapter, he/she shall and, upon receipt of a complaint by
any New York State police officer or by any Steuben County Sheriff/Deputy
Sheriff, he/she may exercise all those powers and duties deemed necessary
for the enforcement of this chapter.
A.
Any person who is convicted for a first offense of any provision
of this chapter shall be guilty of a violation and shall be subject
to a fine not to exceed $250.
B.
Any person who is convicted for a second offense committed within
a period of one year after conviction for a first offense hereunder
shall be guilty of a violation and shall be subject to a fine of not
less than $100 and not more than $350.
C.
Any person who is convicted hereunder for a third or subsequent offense(s),
all of which were committed within a two-year time period shall be
guilty of a violation and shall be subject to a fine of not less than
$250 and not more than $350.
D.
In addition to the foregoing, the Town of Urbana may also seek injunctive
relief to prevent the continued protection of this chapter.
