The Town Board finds that unreasonable noises,
as that term is defined herein, degrade the environment of the town
to a degree which is harmful and detrimental to the public health,
safety and welfare of its inhabitants. Such noises interfere with
the comfortable enjoyment of life, property and recreation and with
the conduct and operation of business and industry. No one has the
right to create unreasonable noises as defined herein. Effective control
and elimination of unreasonable noises is essential to the furtherance
of the public health, safety and welfare of the town's inhabitants
and to the conduct of the normal pursuits of life, recreation, commerce
and industrial activity.
For the purpose of this chapter, the terms used
herein are defined as follows:
CONSTRUCTION
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
EMERGENCY
Any occurrence or set of circumstances involving actual or
imminent physical trauma or danger to human life or property damage
which demands immediate action.
EMERGENCY WORK
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone
and sewer facilities and public transportation, removing fallen trees
on public rights-of-way and abating life-threatening conditions.
PERSON
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
PUBLIC RIGHT-OF-WAY
Any street, avenue, boulevard, road, highway, sidewalk, alley
or similar place that is owned or controlled by a governmental entity.
PUBLIC SPACE
Any real property or structures located thereon owned or
controlled by a governmental entity.
RESIDENTIAL AREA
A group of residential properties and the abutting public
rights-of-way and public spaces.
SOUND DEVICE
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
TOWN
The Town of Monroe, Orange County, New York.
UNREASONABLE NOISE
A.
Any airborne sound or series of sounds of such
level and duration as to be or tend to be injurious to human health,
safety or welfare or that would unreasonably interfere with the enjoyment
of life or property.
B.
Any airborne sound or series of sounds that
would endanger the safety or health of or disturb a reasonable person
of normal sensitivities or endanger personal or real property.
C.
Any sound or series of sounds so unreasonably
loud, noisy, offensive or disruptive as to cause public inconvenience,
annoyance or alarm.
VEHICLE
Any carrier which is propelled or drawn on land or water
by an engine or motor or other artificial or natural means of propulsion.
The following sounds shall not be deemed to
be a violation of this chapter:
A. Sounds created by church bells or chimes.
B. Sounds created by any government agency by the use
of public warning devices.
C. Sounds created by lawn mowers between the hours of
7:00 a.m. and 9:00 p.m., prevailing time, weekdays and between the
hours of 9:00 a.m. and 9:00 p.m., prevailing time, Saturdays and Sundays.
[Amended 9-21-1992 by L.L. No. 3, 1992]
D. Sounds created by public utilities in carrying out
operations of their franchises.
E. Sounds connected with sporting events of any public
or private school or authorized carnival, fair, exhibition, parade
or other such events open to and frequented by the public at large
allowed by permit of the Town Board.
F. Sounds on private property which do not carry beyond
the boundary lines of the property on which they are created.
G. The use of loudspeakers in connection with voter registration
projects and, within 30 days prior to an election, the use of loudspeakers
in connection with election campaigns between 9:00 a.m. and 8:00 p.m.,
prevailing time.
H. Between the hours of 7:00 a.m. and 9:00 p.m., sounds
created in the exercise of any trade, industry, business or employment,
provided that it is not conducted in such a manner as to create any
unreasonable, unnecessary or unusual noise of an unreasonable extent
and duration.
I. Sounds created by snowblowers or other snow-removal
devices during hours that necessitate removal of snow; provided, however,
that the operation of such devices is conducted in a reasonable manner
and for a reasonable extent of time.
[Added 9-21-1992 by L.L. No. 3, 1992]
Any person violating any provision of this chapter
shall be fined not less than $50 nor more than $250 for each offense,
and a separate offense shall be deemed committed on each day during
or on which a violation occurs or continues. The imposition of penalties
herein prescribed shall not preclude the town from instituting appropriate
legal action or proceedings to prevent or enjoining any violation
of this chapter.
[Amended 4-5-2021 by L.L. No. 2-2021]
The provisions of this chapter shall be enforced
by the Code Enforcement Officer, or his or her designee, or other
law enforcement officers that have the power, pursuant to the New
York State Criminal Procedure Law, to arrest persons or issue appearance
tickets in the Town of Monroe for the commission of violations.
No provision of this chapter shall be construed
to impair any common law or statutory cause of action or legal remedy
therefrom of any person for injury or damage arising from any violation
of this chapter.
In the event that a court of law determines
that any provision of this chapter is unenforceable, then only that
provision shall be affected and any and all other provisions shall
be fully enforceable.
This chapter shall take effect in accordance
with the relevant provisions of the Municipal Home Rule Law.