[HISTORY: Adopted by the Town Board of the
Town of Lockport 12-3-2003 by L.L.
No. 6-2003. Amendments noted where applicable.]
It is hereby declared to be the policy of the
Town Board to prevent unreasonably loud, disturbing and unnecessary
noise. It is the intention of the Town Board to maintain reasonable
noise levels within the Town of Lockport so as to preserve, protect
and promote the public health, safety and welfare and to foster convenience,
peace and quiet within the Town by the inhabitants and transients
within the Town of Lockport. The Town Board finds that every person
is entitled to have maintained noise levels which are not detrimental
to life, health, comfort or the ability to sleep and to have the enjoyment
of property and that excessive and unreasonable noise within the Town
of Lockport affects and is a menace to public health, safety, welfare
and comfort of the people of the Town.
This chapter shall be known as the "Noise Control
Law of the Town of Lockport."
[Amended 10-6-2021 by L.L. No. 3-2021]
No person shall cause or permit to be caused any noise which
can be heard by a person with normal hearing beyond the boundaries
of property owned, leased or otherwise controlled by him, or upon
which he is located, that shall unreasonably disturb, alarm or interfere
with the comfort, repose or peace of other persons, except as otherwise
permitted by this chapter.
A violation of this chapter is an offense punishable
by a fine of not more than $250 or by imprisonment for a period of
not more than 15 days, or by both such fine and imprisonment.
A.
The provisions of this chapter shall not be construed
so as to deny or abridge the substantive rights of persons as guaranteed
by the New York State or United States Constitutions or statutes.
B.
Section 123-3A and B of this chapter shall not be
construed to prohibit any activity of any person engaged in an agricultural
activity as an occupation.
[Added 10-6-2021 by L.L. No. 3-2021]
A.
No person
or entity shall engage in a firework display unless they obtain a
permit from the Building Department upon a form to be furnished by
the Town consistent with the requirements set forth in § 405.00
of the New York State Penal Law. A permit fee as determined by the
Town Board by resolution shall be charged for such permit. The statutory
bond, or insurance of not less than $1,000 000, shall be required
for the permit to issue.
B.
Applications
for permits. An application for a permit shall be, in writing, on
a form provided by or otherwise acceptable to the Code Enforcement
Officer. Such application shall include such information as the Code
Enforcement Officer deems sufficient to permit a determination by
the Code Enforcement Officer that quantities, materials, and activities
conform to the requirements pursuant to § 405.00 of the
New York State Penal Law.
C.
Limitation
on issuance of permits. There shall be no more than two fireworks
display permits issued by the Code Enforcement Officer for any parcel,
or series of adjacent parcels, which are owned, leased, or otherwise
under the control of the same person or entity, as determined by the
Code Enforcement Officer, for the period of one year, as measured
from the beginning of the calendar year.
