[HISTORY: Adopted by the Town Board of the
Town of Brighton 1-24-1996 by L.L. No. 1-1996. Amendments noted where
applicable.]
A.
It is hereby declared to be the policy of the Town
to prevent excessive, unnecessary or unusually loud noises. It is
further declared that the provisions and prohibitions hereinafter
contained and enacted are in pursuance of and for the purpose of preserving,
protecting and promoting the public health, comfort, convenience,
safety, welfare and prosperity and the peace and quiet of the Town
of Brighton and its inhabitants.
B.
This chapter shall be liberally construed so as to
effectuate the purposes described in this section. Nothing herein
shall be construed to abridge the emergency powers of any Town department
or the right of such department to engage in any necessary or proper
activities. Nothing herein shall abridge the powers and responsibilities
of any Police Department or law enforcement agency to enforce the
provisions of this chapter.
[Amended 7-27-2005 by L.L. No. 8-2005; 2-15-2006 by L.L. No. 3-2006; 2-14-2007 by L.L. No. 4-2007; 5-9-2007 by L.L. No.
8-2007; 6-13-2007 by L.L. No. 10-2007; 2-13-2008 by L.L. No.
2-2008; 6-24-2009 by L.L. No. 5-2009; 9-9-2009 by L.L. No.
8-2009; 4-14-2010 by L.L. No. 1-2010; 8-13-2014 by L.L. No.
5-2014; 11-25-2014 by L.L. No. 8-2014; 1-13-2016 by L.L. No. 1-2016; 9-13-2017 by L.L. No. 2-2017]
This chapter shall not apply to the operation
or use of any organ, radio, bell, chimes or other instrument, apparatus
or device by any church, synagogue or school or to emergency services.
[1]
Editor's Note: The Town periodically adopts temporary amendments
to this section to account for construction projects taking place
within the Town. The text of those amendments is not included herein,
but the amendments are listed in the section history. A more detailed
description of the revisions is included on the Disposition List at
the back of this Code volume, and complete copies of the amendments
are on file in the Town offices.
A.
The creation of any unreasonably loud, disturbing
and unnecessary noise is prohibited. Said noise shall be prohibited
when it is of such character, intensity and duration or of any type
or volume that a reasonable person would not tolerate under the circumstances
and that is detrimental to the life, health or welfare of any individual
or would cause or create a risk of public inconvenience, annoyance
or alarm.
B.
The following acts and the causing thereof are declared
to be loud, disturbing and unnecessary noises in violation of this
chapter, but the enumeration herein shall not be deemed to be exclusive.
(1)
Horns and signaling devices: the sounding of any horn
or other signaling device on any automobile, motorcycle, bus or other
vehicle while stationary, except as a danger signal when an approaching
vehicle is apparently out of control, or if in motion, only as a danger
signal after or as brakes are being applied and deceleration of the
vehicle is intended; the creation by means of any such signal device
of any unreasonably loud or harsh sound or the sounding of any such
device for an unnecessary period of time.
(2)
Noisy vehicles. No person shall:
(a)
Use an automobile, motorcycle or other vehicle
so out of repair, so loaded or in such a manner as to create loud,
unnecessary grating, grinding, rattling or other noise.
(b)
Operate any vehicle in such a manner as to cause
unnecessary noise by spinning or squealing the tires or revving the
motor of such vehicle.
(c)
Modify or cause to be modified the muffler,
exhaust system or other noise-control device of any vehicle in a manner
that will increase the noise emitted by such vehicle above that emitted
by the vehicle when newly manufactured, regardless of the date of
manufacture. The noise-control devices of any vehicle operated in
the Town shall be maintained and in good working order. No person
shall operate or permit to be operated a vehicle where the muffler,
exhaust system or other noise-control device has been so modified
or has not been maintained.
(3)
Recreational vehicles, including snowmobiles. No person
shall operate or permit to be operated any motor-powered recreational
vehicle not licensed for operation on public streets pursuant to the
Vehicle and Traffic Law:
(a)
On private property of another without the express
prior written consent of the owner and the occupancy of said property.
Such consent may be revoked at any time by the grantor thereof. Where
such express prior written consent has been obtained, the operator
or person at the site responsible for such operation shall keep said
consent on his or her person and available for immediate display at
all times during the period of such operation.
(b)
On any public grounds or property, including
Town- or school-owned land, which shall include but not be limited
to parks, ballparks and recreation areas.
(c)
In such a manner as to create unnecessary noise
so as to unreasonably disturb or interfere with persons in the peaceful
and quiet enjoyment of their property.
(d)
In a careless, reckless or negligent manner
so as to endanger the safety or property of any person.
(4)
Discharge of exhaust: the discharge into the open
air of the exhaust of any steam engine, stationary internal-combustion
engine, motor vehicle or boat engine or motor, except through a muffler
or other device which will effectively prevent loud or explosive noises
therefrom.
(5)
Construction, demolition and excavation: the erection,
including excavating, demolition, alteration or repair of any building,
land clearing, land grading or road and utility construction other
than between 7:00 a.m. and 7:00 p.m., Monday through Friday, and between
9:00 a.m. and 6:00 p.m., Saturday and Sunday, except in case of an
urgent necessity in the interest of public safety.
(6)
Construction, demolition and excavation within one
thousand (1,000) feet of a residential property: the erection, including
excavating, demolition, alteration or repair of any building, land
clearing, land grading or road and utility construction within one
thousand (1,000) feet of a residential property other than between
7:00 a.m. and 7:00 p.m., Monday through Friday, and between 9:00 a.m.
and 6:00 p.m., Saturday and Sunday, except in case of an urgent necessity
in the interest of public safety.
(7)
Noise near schools and other institutions: the creation
of any excessive noise on any street adjacent to any school, institution
of learning, church or court, while the same is in session, or adjacent
to any hospital, which unreasonably interferes with the workings of
such institutions, provided that conspicuous signs are displayed in
such streets indicating that the same is a school, hospital, church
or court street.
(8)
Refuse collecting equipment. No person shall operate
refuse collecting equipment between the hours of 10:00 p.m. and 7:00
a.m.
[Amended 11-10-2010 by L.L. No. 3-2010]
(9)
Sound reproduction. No person shall operate, play
or permit the operation or playing of any radio, television, phonograph,
drum, musical instrument, sound amplifier or similar device which
produces, reproduces or amplifies sound so as to produce unreasonable
or unnecessary noise at any time, except for activities open to the
public or for the public benefit and for which permission has been
granted by the Town.
(10)
Animals. No person shall keep, permit or maintain
any animal under his or her control that causes unnecessary noise
by continued barking, howling or other animal noises.
(11)
Shouting. No person shall shout, yell, call, whistle
or sing on public streets or in public places in such a manner and
for a period of time as to be unreasonable under the circumstances.
(12)
Noise from tools, machinery and heavy equipment in
the construction, repair or alteration of property. The use of domestic
or industrial tools, machinery and equipment of any kind in construction,
repair or alteration of property resulting in loud grinding, hammering,
sawing and similar noise shall be prohibited if said noise is unnecessary
or unreasonable under the circumstances.
(13)
Noise in the conduct of any business: the creation
of unreasonable or unnecessary noise in the operation, conduct and/or
maintenance of any business, factory, plant yard or manufacturing
establishment (except as otherwise provided in this chapter), including
but not limited to excavating, blasting, grinding, breaking, crushing
or processing of any substance (where permitted).
(14)
The operation of restaurants, taverns, bars and discos.
(a)
No restaurant, tavern, bar, nightclub, disco
or other similar use, whether public or private, shall be conducted
so that unreasonable or unnecessary music or other noise is caused
by and/or emanates from said use.
(b)
Any owner, operator or proprietor of such a
business use or the owner, licensee or person in control of any private
premises shall so limit the level of noise emanating from the premises.
(c)
Further, it shall be the duty of any such person
to disperse any assembly of persons loitering, drinking alcoholic
beverages or otherwise engaging in lewd or disorderly conduct adjacent
to or near the premises or to immediately notify the police of such
conduct.
(15)
Private residences. No noise from parties, entertainment,
music or social gatherings of any kind, whether public or private,
shall be such that noise caused by and/or emanating from said use
can be heard between the hours of 11:00 p.m. and 7:00 a.m. the following
day inside any residence, regardless of whether the windows of such
residence are open, or at any other time if said noise is unnecessary
or unreasonable under the circumstances.
(16)
To operate, or to permit the continued operation of
malfunctioning air-handling equipment, including but not limited to
fans, compressors and heat pumps.
[Added 1-8-2003 by L.L. No. 1-2003]
A.
In those cases of unreasonable noise, other than violations of § 102-3B(1), (2), (3) and (4), the person or persons responsible shall be advised of any conduct prohibited herein by the police or any Town officer authorized to enforce the provisions of this chapter. After such warning, if any party shall continue or repeat said conduct or similar conduct, the party shall be in violation of this chapter and shall be punishable as provided in Chapter 1, General Provisions.
B.
It shall be sufficient if said warning is oral and/or
in person or over the telephone.
