[HISTORY: Adopted by the Town Board of the Town of Mount
Hope 5-16-2016 by L.L. No. 7-2016. Amendments noted where applicable.]
The making and creating of disturbing, excessive, or offensive
noises within the jurisdictional limits of the Town of Mount Hope
is to the detriment to the public health, comfort, convenience, safety,
and welfare of the citizens of the Town and affect their life, health
and enjoyment of property. Every person is entitled to an environment
in which disturbing, excessive, or offensive noise is not present.
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.
A.
No person, with the intent to cause public inconvenience, annoyance
or alarm, or recklessly creating a risk thereof, shall cause, suffer,
allow or permit to be made unreasonable noise. For the purpose of
this chapter, "unreasonable noise" is defined as any disturbing, excessive,
or offensive sound that disturbs a reasonable person of normal sensitivities.
B.
The following acts are declared to be prima facie evidence of a violation
of this chapter. This enumeration shall not be deemed exclusive.
(1)
Any unnecessary noise from any source between the hours of 11:00
p.m. and 7:00 a.m. the following day.
(2)
Noise from a dog or other pet animal that is continuous and exceeds
15 minutes in duration.
(3)
Noise from a burglar alarm or other alarm system of any building,
motor vehicle, or boat which is continuous and exceeds 15 minutes
in duration.
(4)
Noise from any sound reproduction system, operating or playing any
radio, portable radio or tape player, television, tape deck or similar
device that reproduces or amplifies sound in such a manner as to be
heard 60 feet from its source, or over any property line.
(5)
The erection, including excavation, demolition, alteration or repair,
of any building other than between 7:00 a.m. and 9:00 p.m., except
in case of public safety and emergency situations.
(6)
The operation of power equipment in residential zones outdoors between
the hours of 10:00 p.m. and 7:00 a.m. the following day and on weekends
between 10:00 p.m. and 8:00 a.m. Power equipment shall include, but
shall not be limited to, chain saws, lawn mowers, and construction
equipment.
(7)
The sounding of any horn or signaling device of an automobile, motorcycle
or other vehicle for any unnecessary or unreasonable period of time.
(8)
The making of improper noise or disturbance or operating an automobile
or motorcycle in such a manner as to cause excessive squealing or
other excessive noise of the tires. Automobiles shall include, but
not be limited to, ATVs, dirt bikes, and all other off-road vehicles.
(9)
Offering for sale anything by shouting or outcrying upon the public
streets and sidewalks.
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
Board.
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, provided that such operation
or use does not occur between the hours of 10:00 p.m. and 7:00 a.m.
E.
Noise generated by the installation and maintenance of utilities.
F.
Noise generated by emergency power equipment.
Any person who violates any provision of this chapter shall
be guilty of a violation and shall be subject to a fine not to exceed
$250 for each offense or by imprisonment for a period not exceeding
15 days, or by both such fine and imprisonment. Each day that a violation
is permitted to exist shall constitute a separate offense. The Town
may also seek injunctive relief to prevent the continued violation
of this chapter.
