[HISTORY: Adopted by the Town Board of the Town of Henrietta 9-18-1974. Amendments noted where applicable.]
By enactment of this chapter, the Town Board finds as a matter of policy that unnecessary and unusual noises, particularly if continued for an unreasonable length of time, are or might be detrimental to the health of residents of the town. The intent of this chapter shall be to promote and assure an environment free from noise which threatens or affects the well-being of the citizens of the town; to protect, promote and preserve the public health, safety and welfare by reducing and otherwise regulating unnecessary and disturbing noise; to promote the use and enjoyment of property; to protect the value of property; to protect the enjoyment of sleep and repose; and to protect and improve the quality of life in the Henrietta community.
No person shall make or cause to be made any unreasonably loud disturbance or unnecessary noise, which shall be defined as any excessive or unusually loud sound or any sound which crosses at least one real property line and which, in the opinion of persons or agents charged with the responsibility of enforcing this chapter, either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a person or neighborhood.
The following are hereby declared to be in violation of this chapter, but such enumeration shall not be deemed to be exclusive:
Permitting or operating any radio, television, phonograph, musical instrument, recording or reproducing system, firearm, explosive device or any other instrument or device in such manner and at such an intensity of volume as will disturb the peace and quiet of a person or neighborhood.
Permitting or taking part in an unreasonably noisy or tumultuous party or gathering which disturbs the peace and quiet of a person or neighborhood.
Operating any motor-driven vehicle or conveyance, including but not necessarily limited to automobiles, trucks, motorcycles, snowmobiles, two-wheel motor vehicles known as minibicycles, trail bicycles or motor scooters, four-wheel motor vehicles commonly known as go-carts or all-terrain vehicles, lawn mowers, engines or other equipment without an adequate muffler properly installed and maintained so as to prevent excessive or unusual noise.
Building, erecting, demolishing, altering or repairing any building or any other construction activity between the hours of 9:00 p.m. and 7:00 a.m., current time, in such a manner as disturbs the peace and quiet of a person or neighborhood by reason of the use of power equipment, hammering, sawing or other activity which produces severe and continuous noise.
[Amended 2-18-2015 by L.L. No. 1-2015]
Permitting or maintaining any animal which frequently or for continued duration makes sounds which create an unreasonable noise across a residential real property boundary.
[Added 2-18-2015 by L.L. No. 1-2015]
No person shall make, aid, countenance or assist in making any improper noise or disturbance or operate a motor vehicle or motorcycle in such a manner as to cause excessive squealing or other excessive noise of the tires or motor of said vehicle or motorcycle in the Town of Henrietta.
Definition. Excessive squealing of tires or other noise of tires or motor is that noise which is produced by the driver who accelerates or decelerates the speed of the vehicle unnecessarily so as to produce such improper or excessive sound when said acceleration or deceleration is not required for the proper operation of said vehicle under the conditions existent at the time and place of the occurrence.
If the excessive noise of the motor vehicle is caused by reason of failure to provide proper equipment for said vehicle or to keep such equipment in proper condition and repair, said vehicle shall be deemed to be in violation of § 386 of the Vehicle and Traffic Law, and appropriate action shall be taken by the arresting officer in accordance with said § 386.
No person shall grant permission or otherwise allow the operation of vehicles on private property in any manner which is disruptive to the peace and quiet of a person or neighborhood or which violates any section of this chapter.
A violation of this chapter shall constitute an offense, and a person violating the same shall be subject to a fine of not more than $250 or imprisonment for a term not exceeding 15 days, or both such fine and imprisonment.
[Amended 2-18-2015 by L.L. No. 1-2015]
This chapter may be enforced by the designated Town Code Enforcement Officer or members of the Monroe County Sheriff's Department, state police or other peace officers in connection with their duties imposed by law.
The provisions of this chapter shall not apply to:
Fire, rescue or other emergency activities.
Permitted construction activities.
[Amended 6-20-2001 by L.L. No. 3-2001]
Aircraft and airport operations.
Snow removal and public works activities.
The unamplified human voice.
Railroad and railway operations.
Federal and state regulations which preempt town authority.