[HISTORY: Adopted by the Town Board of the Town of Niagara 4-18-2017 by L.L. No. 3-2017. Amendments noted where applicable.]
For purposes of this chapter, the phrase "unreasonable noise"
shall be defined as follows: Between the hours of 11:00 p.m. and 7:00
a.m., it shall be unlawful for any person owning, leasing, operating
or controlling the source of sound to make, allow or continue any
sound or device outside of a structure, whereby the sound emitted
from such a device is audible on property being used for residential
purposes at a point more than 100 feet from the real property boundary
line or to create a noise disturbance. For the purposes of the sections
below, a "noise disturbance" is sound which annoys, disturbs, injures
or endangers the reasonable quiet, comfort or repose of a reasonable
person of normal sensitivities or the health or safety of others.
Any person violating this chapter shall be punished by a penalty
of:
Each such act which constitutes a violation of this chapter,
which either continues or is repeated more than 30 minutes after the
issuance of a warning to cease said activities, shall be considered
a separate offense and shall be prosecuted as a separate offense.
If the violation occurs on the premises of rental property, the owner and/or his or her agent of said property must be notified in writing by certified mail that a violation of § 179-1 has occurred on said rental property, and that a complaint for violation of said section may be taken against him or her if said property owner and/or his or her agent fail(s) to mitigate the activites of the person or persons who have rented said property.
A.
Loading and unloading. It shall be unlawful to load, unload, open, close, or otherwise handle boxes, crates, containers, building materials, trash cans, dumpsters or similar objects between the hours of 11:00 p.m. and 6:00 a.m. so as to project a sound across a real property line, as indicated in § 179-1.
B.
Power tools. It shall be unlawful to cause a noise disturbance across
a real property line by operating any mechanically powered saw, sander,
grinder, drill, lawn mower or garden tool or similar device used outdoors,
with the exception of snowblowers, before 7:00 a.m. Monday through
Sunday.
C.
Radios, television sets, musical instruments and similar devices.
It shall be unlawful to operate, play or permit the operation or playing
of any radio, television, phonograph, drum, musical instrument, sound
amplifier or similar device which produces, reproduces or amplifies
sound between the hours of 11:00 p.m. and 7:00 a.m. in such a manner
as to create a noise disturbance across a real property boundary.
The following uses and activities shall be exempt from this
chapter:
A.
Noises of safety signals, warning devices and emergency pressure
relief valves, when used for such purposes;
B.
Noises resulting from any authorized vehicle when responding to an
emergency call or acting in time of emergency;
C.
Noises resulting from emergency and maintenance work as performed
by the Town, by the state, or by public utility companies;
D.
Noises resulting from activities of a temporary duration permitted
by law and for which a license or permit therefor has been granted
by the Town;
E.
Parades and/or public gatherings for which a proper permit has been
issued; and
F.
Any event licensed, issued or operated by the Town of Niagara.
This chapter shall be administered and enforced by the Chief
of Police and Code Enforcement Officer of the Town of Niagara.
Should any section, paragraph, sentence, clause or phrase in
this chapter be declared unconstitutional or invalid for any reason,
the remainder of this chapter shall not be affected thereby and shall
remain in full force and effect, and to this end the provisions of
this chapter are declared to be severable.
This chapter shall take effect immediately upon approval by
the Town Board of the Town of Niagara.
