This chapter shall be known and may be cited
as the "Town of Bethel Noise Law."
The Town Board finds that unreasonable noises,
as that term is defined herein, degrade the environment of the Town
to a degree which is harmful and detrimental to the public health,
safety and welfare of its inhabitants. Such noises interfere with
the comfortable enjoyment of life, property and recreation and with
the conduct and operation of business and industry. Effective control
and elimination of unreasonable noises is essential to the furtherance
of the public health, safety and welfare of the Town's inhabitants
and to the conduct of the normal pursuits of life, recreation, commerce
and industrial activity.
Unless the context otherwise clearly indicates,
the words and phrases used in this chapter are defined as follows:
EMERGENCY WORK
Work made necessary to restore property to a safe condition
following a public calamity or work necessary to protect persons or
property from an imminent exposure to danger.
IMPULSIVE SOUND
A sound of short duration, usually less than one second,
and of high intensity, with an abrupt onset and rapid decay.
PERSON
Includes the singular and plural and also any individual;
any property owner and/or lessee; any firm; a corporation; a political
subdivision; a government agency, including any agency of the Town
of Bethel; an association or an organization, including but not limited
to officers, directors, employees, agents and/or independent contractors
thereof; or any legal entity whatsoever.
SOUND-AMPLIFYING EQUIPMENT
Any machine or device for the amplification of the human
voice, instrumental music or any other sound. Sound-amplifying equipment
shall not include warning devices on authorized emergency vehicles
or horns or other warning devices on any vehicle or construction equipment
used only for traffic safety purposes or authorized fire horns or
other authorized emergency alarms.
TOWN
Town of Bethel, Sullivan County, New York.
UNREASONABLE NOISE
Any sound created or caused to be created by any person or
an animal, machine, instrument or item owned, operated by or under
such person's control which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of the public or which
causes injury to animal life or damages to property or business.
This section contains a list of specific acts constituting unreasonable noise. The provisions of this section complement and supplement §
220-4 hereof and are in addition to and not in lieu of that section. This list is not exclusive and any noise that meets the criteria set forth in §
220-4 may be deemed to be a violation of this chapter. Notwithstanding, a permit may be issued in accordance with this chapter to conditionally allow noise that may otherwise constitute an unreasonable noise.
A. The use of any sound-amplifying equipment or musical
instrument outside a structure either on private property or on a
public right-of-way or public space at any time within the Town which,
by causing noise, annoys or disturbs the quiet, comfort or repose
of a reasonable person of normal sensitivities.
B. The use of any sound-amplifying equipment or musical
instrument inside a structure in such a manner as to result in the
sound or any part thereof from such apparatus to be projected therefrom
outside of the structure or out-of-doors at any time whereby the sound
can be audibly heard more than 100 feet from the real property boundary
line from which the noise emanates which would annoy or disturb the
quiet, comfort or repose of a reasonable person of normal sensitivities.
C. The use of any sound-amplifying equipment or musical
instrument within 500 feet of any school, church, hospital, clinic
or courthouse while the same is in session or conducting business
therein so as to interfere with the functions of such activities.
D. The use of any motor vehicle, including any automobile, motorcycle, trail bike, mini-bike, snowmobile, bus, vehicle, truck, all-terrain vehicle, motor-driven equipment or motor-driven vehicle, or water-going vessel, including all such vessels regulated under Chapter
104, Boating and Watercraft, hereof, in such a manner as to create noise which would annoy or disturb a reasonable person with normal sensitivities or if it injures or endangers the comfort, repose, health, hearing, peace or safety of another person.
E. The sounding of any horn, alarm or signal device on any automobile, motorcycle, bus, truck or other vehicle or water-going vessel, including all such vessels regulated under Chapter
104, Boating and Watercraft, hereof, except as a warning signal such as provided by § 15 of the Vehicle and Traffic Law of the State of New York.
F. Repeated or continuous yelling or shouting on or open
to the public space or public right-of-way that either annoys or disturbs
a reasonable person with normal sensitivities or if it injures or
endangers the comfort, repose, health, hearing, peace or safety of
another person.
G. Construction activity.
(1) Except as provided for in this section, no person
shall engage in the erection, construction (including excavating),
grading, dredging or pneumatic hammering, demolition, alteration or
repair of any building or structure other than on weekdays between
the hours of 7:00 a.m. and 6:00 p.m. or on Saturdays, Sundays or holidays
between the hours of 10:00 a.m. and 4:00 p.m.
(2) Any person desiring to engage in construction activity beyond the stated hours of limitation, based upon cases of urgent necessity or in the interests of public health, safety and convenience, may request the Building Department for authorization allowing such activity. The request shall include all of the information required by §
220-7D(1) through (3). No permit fee shall be charged. The authorization, if granted, shall be limited to a period of up to three days' duration but, at the sole discretion of the Code Enforcement Officer, may be renewed for additional periods of up to three days each, to a maximum of 15 days, if the emergency or need continues. The Building Department shall keep written records of all requests and their disposition. Permittees seeking more than a fifteen-day total period must make application to the Town Clerk in accordance with §
220-7E and pay the required permit fee.
H. Operation of machinery.
(1) It shall be unlawful for any person to operate or repair any machinery, motor vehicle, construction equipment or other equipment, pump, fan, air-conditioning apparatus or similar mechanical device or to engage in any commercial or industrial activity in any manner so as to create unreasonable noise as defined and described in §§
220-4 and
220-5 of this chapter. In making such determination with respect to the matters governed by this section, additional factors to be considered shall include:
(a)
The necessity or purpose of the work being done;
and
(b)
The ability of the creator of the noise to minimize
or reduce the amount of noise created or to otherwise minimize its
adverse effects.
(2) The operation of gasoline, electric or diesel power
equipment or machinery in residential zones outdoors or covered structures
with large openings, such as a carport or a garage with the garage
door open, between the hours of 9:30 p.m. and 7:00 a.m. the following
day, and on weekends between 9:30 p.m. and 8:00 a.m. the following
day, is declared to be prima facie evidence of violation of this chapter.
I. Nothing contained in this section shall be construed to prevent the issuance of a permit pursuant to §
220-7 that will authorize particular sound sources.