[HISTORY: Adopted by the Town Board of the Town of Wilson 2-22-2005 by L.L. No. 1-2005. Amendments noted where applicable.]
It is hereby declared to be the public policy of the Town of Wilson, Niagara County, New York, to reduce the ambient noise level in the Town so as to preserve, protect and promote the public health, safety and welfare, and the peace and quiet of the inhabitants of the Town, prevent injury to human, plant and animal life and property, foster the convenience and comfort of its inhabitants, and facilitate the enjoyment of the natural attractions of the Town. It is the public policy of the Town that every person is entitled to ambient noise levels that are not detrimental to life, health and enjoyment of his or her property. It is hereby declared that the making, creation or maintenance of excessive and unreasonable noises within the Town affects and is a menace to public health, comfort, convenience, safety, welfare and the prosperity of the people of the Town. For the purposes of controlling and reducing such noises, it is hereby declared to be the policy of the Town to set the unreasonable noise standards and decibel levels contained herein and to consolidate its noise control legislation into this chapter. The necessity for legislation by enactment of the provisions of this chapter is hereby declared as a matter of legislative determination.
This chapter shall be liberally construed so as to effectuate the purposes described herein. Nothing herein shall be construed to abridge the emergency powers of the Town Board or the right of any governmental entity to engage in any of its necessary or proper activities. Nothing herein shall abridge the powers and responsibilities of any police department to enforce the provisions of this act.
As used in this chapter, the following terms shall have the meanings indicated:
- UNREASONABLE NOISE
- Any excessive or unusually loud sound that disturbs the peace, comfort or repose of a reasonable person of normal sensitivities, or injures or which causes injury to plant or animal life, or damage to property or business.
No person shall make, continue or cause or permit to be made or continued any unreasonable noise, except as otherwise provided herein.
No person shall operate or use, or cause to be operated or used, any sound reproduction device in such a manner as to create unreasonable noise.
No person shall operate or use, or cause to be operated or used, any sound signal device so as to create an unreasonable noise.
No person shall operate or use, or cause to be operated or used, any emergency signal device except on an authorized emergency vehicle when such vehicle is in the immediate act of responding to an emergency; provided that such device shall not be operated so as to create an unreasonable noise nor for a period of time longer than is strictly necessary to respond to such an emergency.
No person shall operate, or cause to be operated or used, construction equipment in such a way as to create an unreasonable noise between the hours of 10:00 in the evening and 6:00 in the morning.
No person shall cause or permit discharge into the open air of the exhaust of any device, including but not limited to any steam engine, diesel engine, internal combustion engine or turbine engine, so as to create an unreasonable noise.
No person shall cause or permit the creation of any unreasonable noise through the use of any device on any street or road adjacent to any school, or place of worship, or court while the same is in session, nor adjacent to any nursing home, medical facility or home for the elderly; provided that conspicuous signs are displayed in such a street or road indicating the existence of any facility.
No person shall operate, or cause to be operated, a motor vehicle or motorcycle off a public right-of-way or on private lands at any time in such a manner as to create an unreasonable noise.
No person shall operate, or cause to be operated, any recreational motorized vehicle, whether or not duly licensed and registered, either on or off a public right-of-way or on private lands at any time in such a manner as to create an unreasonable noise.
No person shall cause or permit the creation of any unreasonable noise resulting from loud or raucous sounds likely to annoy or disturb people, except usual and normal noise resulting from usual and household activities.
The use of bells, chimes or sound amplifiers by churches engaged in church activities;
Activities of the Town, school, or any volunteer fire company in performance of its duties, drills or public demonstrations;
Activities in public parks, playgrounds or public buildings under permission or authority of the Town;
Motor vehicles, motorcycles, or recreational motorized vehicles operating off public rights-of-way pursuant to specific permission or specific authority of the Town;
The use of snowblowers, lawn mowers and domestic power tools;
The use of farm machinery and equipment for agricultural purposes on land zoned for such purposes;
The use of any authorized machinery or equipment for the purpose of the maintenance or repair of any public road or highway, including snowplows;
Emergency vehicles, except as hereinbefore provided;
Electrical distribution transformers; or
The use of machinery or equipment for public or private emergency needs or purposes.
A violation of any of the provisions of this chapter shall be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day that such violation occurs shall be deemed a separate offense and punishable as such.
Any state, County or Town police officer may, without a warrant, arrest any offender whom he may detect in the violation of any of the provisions of the above sections, and take the persons so arrested forthwith before a Town Justice of the Town Court of the Town of Wilson.