This chapter shall be known as the "Town of Champlain Noise Ordinance."
[HISTORY: Adopted by the Town Board of the Town of Champlain 5-9-2023 by L.L. No. 2-2023. Amendments noted where applicable.]
The purpose of this chapter is to preserve the public health, comfort, convenience, safety and welfare of the Town of Champlain residents by reducing, controlling and preventing unreasonable excessive noise. "Unreasonable excessive noise" is defined as any disturbing, excessive, or offensive sound(s) that disturbs a reasonable person of normal sensitivities. Town of Champlain residents are entitled to live and work in an environment in which disturbing, excessive or offensive noise is not detrimental to their lives, health, or enjoyment of their property.
A.
No person or business 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 excessive noise.
(1)
Factors in determining whether the noise is unreasonable and excessive noise include:
(a)
Volume, intensity and duration of the noise;
(b)
Whether the noise is normally associated with the permitted uses of the property;
(c)
The ambient or background noise in the area where the noise is created;
(d)
The day and time of day the noise occurs;
(e)
Whether the noise occurs in the vicinity of a school, courthouse, house of worship, public library, hospital, nursing or assisted living facility, disturbing persons in such facilities;
(f)
Whether the person(s) making the noise, or owner or occupant of the property or dwelling where the noise occurs, has received prior complaints or notice concerning noise from the property or dwelling and the response to same;
(g)
Whether there are reasonable measures the person(s) making the noise could undertake actions to reduce the noise.
B.
Unreasonable excessive noise acts include:
(1)
Any unnecessary noise from any source between the hours of 10:00 p.m. and 6:00 a.m. on Sunday through Thursday; 11:00 p.m. and 6:00 a.m. on Friday and Saturday;
(2)
Noise from a dog or other pet animal that is continuous and exceeds 15 minutes;
(3)
Noise from any sound reproduction system, operating or playing any radio, portable radio or tape player, television, or similar device that amplifies sound in such a manner as to be heard 50 feet from its source or over any residential or commercial property line on which the sound is produced;
(4)
In a dwelling unit in a multiple-family dwelling at a volume where the sound is plainly audible in other units in the building;
(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 a public safety emergency;
(6)
The operation of power equipment in residential zones (residential zones are those areas designated under the Town of Champlain Zoning Map, § 130-5.) 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.
(7)
The sound of any horn or signaling device of an automobile, motorcycle, all-terrain vehicle, 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 squealing or other excessive noise of the tires;
(9)
Offering for sale or promotion 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 the municipally sponsored celebrations such as parades, concerts, public gatherings, or permit-granted events authorized by the municipality;
C.
Persons in nonresidential zones operating their business in a normal manner;
D.
Noise from individually sponsored events where a permit for public assembly or other relevant permission has been obtained from the Town office;
E.
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 8:00 a.m. the following day;
F.
Noise generated by the installation and maintenance of utilities.
G.
The use of domestic power tools for property repair or improvements, lawn mowers and other lawn maintenance tools, and snow removal equipment.
The following persons shall be responsible for a Noise Ordinance offense:
A.
The owner or person making the noise or operating the equipment or device that makes the noise;
B.
The owner or lessee of the premises which is the source of the noise, provided that the lessee, or an employee or agent of an owner or lessee, is present on the premises where the noise is produced when the noise violation occurs.
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 or imprisonment not to exceed 10 days, or both, for each offense. The Town of Champlain may also seek injunctive relief to prevent the continued violation found in this chapter.
This chapter may be enforced by any officer of the Town of Champlain, the Clinton County Sheriff's Department, the New York State Police, or the Code Enforcement Officer of the Town of Champlain.