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.
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.