[HISTORY: Adopted by the Town Board of the
Town of Henrietta 9-18-1974. Amendments noted where applicable.]
[Amended 9-1-1982]
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.
[Amended 9-1-1982]
A.
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.
B.
The following are hereby declared to be in violation
of this chapter, but such enumeration shall not be deemed to be exclusive:
(1)
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.
(2)
Permitting or taking part in an unreasonably noisy
or tumultuous party or gathering which disturbs the peace and quiet
of a person or neighborhood.
(3)
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.
(4)
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]
(5)
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]
A.
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.
B.
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.
C.
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.
D.
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.
[Added 9-1-1982]
[Amended 9-27-2023 by L.L. No. 9-2023]
Failure to comply with this chapter shall constitute
a violation, and, upon conviction thereof, shall be subject to a fine
of up to $250.
[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.
[Added 9-1-1982]
The provisions of this chapter shall not apply
to:
A.
Fire, rescue or other emergency activities.
B.
Permitted construction activities.
[Amended 6-20-2001 by L.L. No. 3-2001]
C.
Aircraft and airport operations.
D.
Snow removal and public works activities.
E.
The unamplified human voice.
F.
Railroad and railway operations.
G.
Farming equipment.
H.
Federal and state regulations which preempt town authority.
