It shall be unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate within the Town a loudspeaker or sound-amplifying equipment in a fixed or movable position or mounted upon any sound truck for the purposes of giving instructions, directions, talks, addresses, lectures, performance, entertainment or other show or amusement (for hire or not), transmitting music to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property, place of business without first filing a permit application and obtaining a permit therefor as set forth in this article.
A.
Permit application; filing. Every user of sound-amplifying equipment shall file an application with the Town Clerk 30 days prior to the date on which the sound-amplifying equipment is intended to be used (but the Clerk, in his or her discretion, may waive the time period), which statement shall contain the following information:
(1)
The name, address and telephone number (including cell phone and e-mail address) of both the owner, organization, and user of the sound-amplifying equipment, loudspeaker, live music, and/or operation of other sound device;
(2)
The maximum sound-producing power of the sound-amplifying equipment, which shall include the wattage to be used, the volume in decibels of sound which will be produced and the approximate distance for which sound will be audible from the sound-amplifying equipment;
(3)
The driver's license, copy of statement of insurance, copy of registration, color photo of the vehicle and motor number if a sound vehicle is to be used;
(4)
A general description of the sound-amplifying equipment which is to be used;
(5)
Whether the sound-amplifying equipment will be used for residential, commercial or noncommercial purposes;
(6)
Type and/or name, date, hour, and address, of the event, including rain dates and start and end time;
(7)
Estimated number of attendees;
(8)
Type of noise event: live band, DJ, karaoke, loudspeaker, speech, recorded music, movie, carnival, block party with music or sound device;
(9)
General description of the sound equipment (i.e., number of speakers, size of the speakers, number of performers, number of persons in the band);
(10)
If a fundraiser, provide the name, address, and general contact information including cell phone number and e-mail of the organization;
(11)
Name, phone number (including cell phone), address (including e-mail) of person(s) with authority to control noise, sound and/or event;
(12)
Entrance fees/ticket and/or cost per attendee, if applicable;
(13)
Copy of statement of insurance, including a hold harmless agreement with the Town;
(14)
If any additional police presence be required for the event;
(15)
Whether alcohol is served (if so, if the event at a NYS licensed premises to serve alcohol); whether the event organizers obtained a permit for alcohol from the Town (if so, permit must be affixed to this permit).
B.
Permit approval. The Town Clerk shall return to the applicant an approved certified copy of the live and amplified/music permit unless the Town Board finds that:
(1)
The conditions of the motor vehicle movement are such that use of the equipment would constitute a detriment to traffic safety; or
(2)
The conditions of pedestrian movement are such that use of the equipment would constitute a detriment to traffic safety; or
(3)
The application reveals that the applicant would not be able to comply with the provisions of this chapter and/or requirements and restrictions set by the Town Board concerning this permit.
(4)
The applicant is before the court concerning an enforcement action regarding a violation of this chapter.
(5)
The application is for an event that will last more than six months and are required to apply for a variance of this chapter and/or the Town Zoning Code.
C.
Permit disapproval. In the event that the permit is disapproved, the Town Clerk shall endorse upon the statement the Town Board's disapproval and return it forthwith to applicant. The applicant may, within five days thereafter, appeal to the Town Board, who may, after a public hearing thereon held after at least five days' public notice, either approve or disapprove the application.
At submission of the permit and prior to an approval, a permit fee must be paid. All fees as set by resolution of the Town Board from time to time shall be paid to the Town. No fee shall be required for the operation of a loudspeaker or sound-amplifying equipment for nonprofit organizations purposes.
The residential, commercial and noncommercial use of live, amplified music, and/or loudspeakers equipment shall be subject to the following regulations:
A.
The only sounds permitted shall be either music or human speech, or both.
B.
The operation of live, amplified music, and/or loudspeakers equipment shall only occur between the hours of 9:00 a.m. and 10:00 p.m. on Sunday, Monday, Tuesday, Wednesday, Thursday, or between the hours of 9:00 a.m. and 1:00 a.m. Friday and Saturday and legal holidays. The operation of live, amplified music, and/or loudspeakers equipment for commercial purposes shall be permitted on Sundays and legal holidays shall only occur between the hours of 1:00 p.m. and 11:00 p.m. The operation of live, amplified music, and/or loudspeakers equipment for noncommercial purposes on Sundays and legal holidays shall only occur between the hours of 10:00 a.m. and 10:00 p.m.
C.
No sound emanating from live, amplified music, and/or loudspeakers equipment shall exceed 75 dBA above the ambient as measured at any property line.
D.
It shall be unlawful to operate any sound-amplifying equipment within 200 feet of churches, schools, hospitals or municipal or Town buildings.
E.
In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing or a nuisance to reasonable persons of normal sensitivity within the area of audibility.
F.
The number and size of speakers may be limited based on the nature of the event.
G.
Even with an approved permit, the Police Department reserves the right to request immediate shutoff or lowering of sounds levels of any amplification based on any complaint.
H.
The permit may be revoked by the Supervisor of his or her designee, and/or Police Chief for failure to obey the terms of the permit, violation of regulations so stated in this chapter, or for public safety reasons.
I.
A block party permit is required if rights-of-way, Town roads, or Town-owned easements are to be used.
J.
The applicant(s) and responsible person/organization shall explain the provisions and restricts of this permit to all members of the live band and/or DJ and all attendees of the event.
K.
No alcoholic beverages shall be sold during the permit event unless the proper State of New York liquor permit/license, and/or Town special permit has been issued for the event.
L.
Businesses that are licensed by the State of New York Liquor Authority for on-premises sale and consumption of alcoholic beverages on their premises are exempt from obtaining a permit for alcohol from the Town for events held within the structure of there business. Town special permits for alcohol are required for events involving the parking areas, rear and side yards of any business.
M.
The person(s) listed on the application as having authority to control noise or event must remain at this event until its completion, and shall be available to accept any complaints, in person or via cellular phone.
N.
The applicant(s) and responsible person/organization shall maintain order at the event and shall be held responsible for the actions of or damages caused by any person attending or performing at the event.
O.
At the conclusion of the event, the applicant(s) and responsible person/organization shall patrol the public right-of-ways, parkways, alleys, and the surrounding neighbor's properties and shall remove all litter or refuse from the event.
P.
The Town will be held harmless for any injury to any person or loss or damage to property caused by the granting of this permit or as a result of the event or the action(s) of any person attending the event.