This article shall be known as "Restrictions on Outdoor Operation of Power Tools."
[Adopted 5-8-2024 by L.L. No. 1-2024[1]]
[1]
Editor's Note: This local law also repealed former Art. II, Outdoor Power Tools and Gasoline-Powered Blowers, adopted 4-19-1995 by L.L. No. 6-1995; amended 2-7-1996 by L.L. No. 2-1996; 6-7-2017 by L.L. No. 7-2017.
The purpose of this article is to reduce noise which is disturbing to individuals in their homes, on their property and in their workplaces. Noise from certain equipment, used out of doors, causes inconvenience to occupants of nearby property when such equipment is used during certain hours.
As used in this article, the following terms shall have the meanings indicated:
An individual, a firm, an association, a partnership, a limited liability company or a corporation.
Any tool that is not operated solely by human muscular power.
[Amended 9-18-2024 by L.L. No. 5-2024]
The outdoor operation of any power tool, other than a power tool designed to remove snow, in the zoning districts of the unincorporated area of the Town, other than the Recreation District: R, before 8:00 a.m. or after 9:00 p.m. on any weekday and before 10:00 a.m. or after 5:00 p.m. on Saturdays, Sundays and on New Year's Day, Dr. Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day shall be unlawful.
In the case of a severe weather or non-weather-related event, the Supervisor, in such official's sole and unfettered discretion, may suspend this article for such period of time as the Supervisor deems necessary or desirable to protect the overall welfare of the residents of the unincorporated area of the Town.
A.
A person shall be guilty of an offense if such person operates any power tool in violation of any provision of this article.
B.
A person shall be guilty of an offense if such person employs a person to operate any power tool and that person operates such tool or equipment in violation of any provision of this article.
C.
A person who owns or leases property where a violation of this article occurs shall be guilty of an offense.
D.
In any prosecution under this article, it is an affirmative defense that the person who owns the property where a violation of this article occurs:
(1)
Entered into an agreement with a tenant of such property that either allows the tenant to engage, or places upon the tenant the responsibility to engage persons to operate any power tool; and
(2)
Did not engage the persons who used such tool or equipment on the date and at the time specified in the summons issued to the owner.
E.
In any prosecution under this article, it is an affirmative defense that the person who leases the property where a violation of this article occurs:
(1)
Did not enter into an agreement with the owner of such property that either allows the tenant to engage, or places upon the tenant the responsibility to engage persons to operate any power tool; and
(2)
Did not engage the persons who used such tool or equipment on the date and at the time specified in the summons issued to the tenant.
F.
A person convicted of an offense under this article shall be punished as follows:
(1)
For the first offense during a calendar year, with a fine of not less than $125 and not more than $250;
(2)
For a second offense during the same calendar year, with a fine of not less than $250 and not more than $500; and
(3)
For additional offenses during the same calendar year, with a fine of $500 for each such offense.