[HISTORY: Adopted by the Town Board of the
Town of Forestburgh 1-3-2019 by L.L. No. 1-2019. Amendments noted where applicable.]
A.
General prohibition. It shall be unlawful for any person to make,
continue, aid, countenance, cause to be made or assist in making any
unreasonably loud, disturbing and unnecessary noise between the hours
of 8:00 p.m. and 7:00 a.m. during any weekday and between the hours
of 8:00 p.m. and 9:00 a.m. on any Sunday or holiday, except as otherwise
hereinafter provided, within the limits of the Town of Forestburgh.
Any noise which unreasonably interferes with the sleep, comfort, repose,
health or safety of others is prohibited during the hours mentioned.
B.
Prohibitions. The following acts are prohibited and declared to be
in violation of this section, said enumeration not to be deemed exclusive:
(1)
The ringing of bells, sounding of gongs or blowing of any whistle
or horn, other than musical instruments when used as a part of a band
of music, except in the event of a public emergency or to give necessary
signals upon a motor vehicle, boat, bicycle or similar vehicle.
(2)
The maintenance and operation in or upon any building or upon any
premises, street or public highway or any public or private place
within the limits of the Town of Forestburgh of any radio, electrical
device, amplifier or amplifying system, speakers or device of any
kind whereby the sound therefrom is cast toward and directly or indirectly
upon the public, or where any such device is maintained and operated
for advertising purposes or for the purpose of attracting the attention
of the passing public or which is so placed, operated or maintained
that the sounds coming therefrom can be heard to the annoyance or
inconvenience of travelers or residents upon any street or highway
or of persons in or upon neighboring premises.
(3)
In the process of any building or property maintenance operations
between the hours of 8:00 p.m. and 7:00 a.m., to operate or use any
chainsaw, lawn mower, leaf blower, weed whacker, pile driver, steam
shovel, pneumatic hammer, derrick, vehicle with back-up alarm, steam
or electrical hoist or other apparatus, the use of which is attended
by loud or unusual noise, except by authorization as set forth below
or in the event of an emergency.
(4)
The creation of loud or excessive noise in connection with the loading
or unloading of any vehicle or the opening and destruction of bales,
boxes, crates and containers.
(5)
The operation of any vehicles in such a manner as to create continuous
loud or excessive noise for 30 minutes or more by virtue of the idling
of the engine of such vehicle, except for snow removal vehicles and
emergency vehicles. Further, such loud and excessive noise from vehicles
shall be prohibited altogether on Saturdays and Sundays from one hour
after sunset until 7:00 a.m.
(6)
The keeping in any building or upon any premises of any animal, bird
or fowl which produces and creates noises of a degree and kind to
disturb the comfort, repose and quiet of neighbors or persons residing
in the vicinity.
(7)
The firing or discharging of a gun, firecracker, gunpowder or other
combustible substance within the limits of the Town of Forestburgh
with the intention and for the purpose of making noise or for the
purpose of attracting attention, except upon some special celebration
or occasion, in which latter event the permission of the Town Board
shall first be obtained and, if granted, shall indicate specifically
the date, time and place that such activity is authorized.
(8)
The firing or discharging of any firearm within 500 feet of a dwelling
without the express permission of the owner or occupant of said building.
(9)
The firing or discharging of a firearm repeatedly for more than 30
minutes in a twenty-four-hour period between the hours of 8:00 a.m.
and 8:00 p.m., or as otherwise prohibited by the New York State Environmental
Conservation Law.
(10)
The use of an amplifying or public-address system shall be limited
to brief announcements and messages for residents of the property
upon which such system is located. The use of an amplifying or public-address
system for such purpose shall be limited to the hours of 9:00 a.m.
to 7:00 p.m. The use of such amplifying system to reproduce any radio
or television program, or for the playing of any music from any source
whatsoever, is hereby prohibited, except as set forth below.
(11)
The creation of any sound or noise from any amplifying system
whereby sounds, music or words are transmitted upon the public streets
or highways of the Town of Forestburgh, unless specific permission
therefor is obtained from the Town Board, which such permit, if and
when issued, shall indicate the specific dates and times that the
operation of such amplifying system shall be authorized.
A.
Where a sound source is planned, installed or intended to be installed
or modified by any person in a manner that such source will create
or is likely to create unreasonable noise or otherwise fail to comply
with the provisions of this chapter, such person must secure a permit
pursuant to this section.
B.
Where any person uses or plans to use any sound-amplifying equipment
in such a way that such equipment is or will be heard outside of any
building between 9:00 p.m. of any day and 7:30 a.m. the following
day, such person must secure a permit pursuant to this section.
C.
Where any person uses or plans to use a public-address system that
will make sound outside of a building, such person must secure a permit
pursuant to this section.
D.
Application for a permit.
(1)
The application for a permit issued under this chapter shall provide
the following information:
(a)
The name of the applicant, who shall be responsible for ensuring
that the activity complies with any permit issued for it pursuant
to this section;
(b)
A description of any planned activity, including the reasons
supporting the need for an issuance of a permit under this section;
(c)
A description of the noise source and the plans and specifications
of its use, which shall include the period of time during which the
permit shall apply;
(d)
A description of any noise-abatement and noise-control methods
to be used with respect to the noise source involved.
(2)
The application for a permit shall be submitted at least 10 days
in advance of the regularly scheduled Town Board meeting immediately
preceding the proposed event.
E.
The issuance of a permit shall be discretionary and shall be issued
only where the Town Board determines that: the permit application
is complete, and such permit is reasonable and necessary and will
allow an activity that is consistent with the general findings of
this chapter. For each permit application, the Town Board shall consider
the volume of the noise, proximity of the noise to sleeping facilities,
time of day or night the noise shall occur, time duration of the noise,
and the impact of the noise on persons living or working in different
places or premises who are affected by the noise. The Town Board may
conduct a public hearing prior to any determination to issue or deny
a permit. The Town Board may include any reasonable conditions in
the permit and may limit the term of the permit to a fixed period
of time, date, duration and location of the noise generation. In the
absence of any express provision in the permit to the contrary, each
permit shall expire on December 31 of the calendar year in which it
was issued. If the Town Board fails to rule on a permit application
within 30 days of its submission to the Town Clerk, the application
shall be deemed denied.
A.
Civic. Nothing contained in this chapter shall be construed to prevent
the production of music in connection with any military, civic or
authorized parade, funeral procession or religious ceremony or to
prevent any musical performance conducted by consent of the Town Board.
The provisions of this chapter shall not apply to any authorized motor
vehicle.
B.
Emergency.
(1)
The provisions of this chapter shall not apply to fire horns, sirens
or other alarms authorized by any duly constituted fire department
located in the Town or Sullivan County, or any Sullivan County Sheriffs
officer, or New York State police officer and operated in accordance
with that authorization.
(2)
The provisions of this chapter shall not apply to emergency warning
devices, sirens, alarms or other devices being used in connection
with the operation of emergency vehicles when performing emergency
work.
(3)
The provisions of this chapter shall not apply to any warning device
or alarm that is required to be sounded by applicable law.
The Town Board is hereby authorized, by resolution, to suspend
any of the provisions of this chapter in connection with any holiday
celebration or upon any occasion of special public interest, for such
time and upon such conditions as shall be prescribed by the Town Board.
A.
Persons who violate this chapter, or any permit issued under this
chapter, shall be guilty of a violation and subject to punishment
by a fine of not less than $50 nor more than $500, or by imprisonment
of not more than 15 days, or by such fine or imprisonment or other
penalties as may be available under the Town Law or the Penal Law.
Each separate violation shall constitute a separate additional offense.
B.
For any violation of this chapter that takes place on private property
where the person or persons responsible for the violation cannot be
determined, then all residents of the property from which the violation
emanated shall be presumed to be responsible for said violation.
C.
In addition to the foregoing, any permit issued under this chapter
may be modified, suspended or revoked by the Town Board if the permit
holder is found to be in violation of the permit or any applicable
provision of this chapter. Violations include any material representations
made in the permit application. Any actions taken by the Town Board
shall be subject to a public hearing, notice of which must be served
upon the permit holder either personally or by certified mail, return
receipt requested, sent to the address listed on the permit application
prior to the commencement of the public hearing.
