[HISTORY: Adopted by the Town Board of the
Town of Albion 4-14-1989 by L.L. No. 1-1989. Amendments noted where
applicable.]
This chapter shall be known as the "Noise Pollution
Control Law of the Town of Albion."
A.
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 and which
is caused by the following:
(1)
Continuous animal noises occurring between the hours
of 10:00 p.m. and 7:00 a.m.
(2)
Construction or demolition work occurring between
the hours of 10:00 p.m. and 7:00 a.m., except in the event of an emergency
requiring that such construction or demolition work proceed immediately.
(3)
Radios, televisions, record players, tape players
and/or other like devices to the extent that the volume and/or frequency
of the sounds therefrom are such as are reasonably likely to annoy
or cause discomfort to surrounding neighbors.
(4)
The operation on private property of minibikes, snowmobiles,
motorcycles or other recreational vehicles of any description, designated
for either on- or off-road use, between the hours of 10:00 p.m. and
7:00 a.m. to the extent that the sounds therefrom are reasonably likely
to annoy or cause discomfort to surrounding neighbors and, in any
event, if such operation occurs closer than 200 feet to any residence
except the residence of the owner or operator thereof or any residence
to which the owner or operator may be invited.
(5)
Any and all other activities producing loud or raucous
noises occurring between the hours of 10:00 p.m. and 7:00 a.m. which
are likely to annoy or disturb persons of normal hearing and sensibilities.
B.
In addition to the foregoing, no internal-combustion
engine shall be operated at any time or place in the Town of Albion
without an adequate muffler designed and manufactured to suppress
exhaust noises to a minimum.
A violation of this chapter is a violation under
the Penal Law, punishable by a fine of not more than $250 or imprisonment
for not more than 15 days, or both. Each day's violation shall constitute
a separate offense.
This chapter and the proscriptions and penalties
set forth herein are in addition to and not in lieu of all other applicable
laws, rules and regulations, which are therefore continued in full
force and effect and unaffected by this chapter. In particular and
without in any way limiting the generality of the foregoing, it is
noted that the provisions of Vehicle and Traffic Law § 375,
Subdivisions 31, 31-a and 31-b (pertaining to mufflers, exhaust systems
and modifications thereof), and of Penal Law § 240.20 (disorderly
conduct) and § 240.21 (aggravated disorderly conduct) may
also apply to prohibit and sanction certain conduct and activities
proscribed by this chapter.
