[HISTORY: Adopted by the Town Board of the Town of Chili 10-3-2001 by L.L. No. 4-2001 (Ch. 76 of the 1980 Code). Amendments noted where applicable.]
The Town of Chili hereby intends to prohibit all disturbing, excessive, or offensive noises in order to preserve, protect, and promote the public health, safety and welfare, and the peace, quiet, comfort, and repose of the inhabitants of the Town and visitors thereto. This chapter is to be construed liberally but it is not intended to be construed so as to discourage the enjoyment by residents of normal, reasonable, and usual activities.
This chapter shall hereafter be known and cited as the "Noise Law of the Town of Chili."
For the purpose of this chapter, the terms used herein are defined as follows:
- Any individual, firm, association or corporation, whether such person is the owner, lessee or charter member, its servants, agents or employees and/or their guests.
- SOUND DEVICE APPARATUS
- Any radio device or apparatus or any device or apparatus for the amplification of sounds from any radio, phonograph or other sound-making or sound-producing device or any device or apparatus for the reproduction or amplification of the human voice or other sounds.
- TO USE OR OPERATE ANY SOUND DEVICE OR APPARATUS IN, ON, NEAR OR ADJACENT TO ANY PUBLIC STREET, PARK OR PLACE
- To use or operate or cause to be used or operated any sound device or apparatus in front of or outside any building, place or premises or in or through any window, doorway or opening of such building, place or premises abutting on or adjacent to any public street, park or place where the sounds therefrom may be heard upon any public street, park or place or from any stand, platform or other structure or from any airplane or other device used for flying, flying over the Town, or in any boat or on the waters within the jurisdiction of the Town or anywhere on or in the public streets, parks or places.
- That which is not required by usual circumstances.
- The normal noise range for a particular type of vehicle or mechanism.
No person with the intent to cause public inconvenience, annoyance, or alarm, or recklessly creating a risk thereof, shall cause, suffer, allow, or permit to be made unreasonable noise. For the purpose of this chapter, "unreasonable noise" is any disturbing, excessive, or offensive sound that disturbs a reasonable person of normal sensitivities.
The following acts, among others, by any person are declared to be prima facie evidence of a violation of this chapter. This enumeration shall not be deemed exclusive.
Any unnecessary noise from any sources which are of such character, intensity and duration as to be detrimental to the life or health of any individual or contrary to public welfare, especially between the hours of 10:00 p.m. and 7:00 a.m. the following day.
Noise from a dog or other pet/animal that is continuously disturbing the comfort and repose of any person in the vicinity and exceeds 15 minutes.
The use of any automobiles, motorcycles, or other vehicle so out of repair or so loaded or operating in such a manner as to create loud and unnecessary noise. The making of improper noise or disturbance or operating an automobile or motorcycle or other vehicle in such a manner as to cause excessive squealing or other excessive noise of the tires.
Noise from any sound device apparatus, operating or playing any radio, portable radio, tape player, television, tape deck, or similar device that reproduces or amplifies sound in such a manner as to be heard 50 feet from its source or over any property line.
Noise from the erection, including excavation, demolition, alteration or repair, of any building other than between 7:00 a.m. and 8:00 p.m., except in cases of public safety or emergencies.
The sounding of any horn, or signaling device of an automobile, motorcycle or other vehicle for any unnecessary or unreasonable period of time.
Offering for sale anything by shouting or outcrying upon the public. The use and operation of sound devices and apparatus for commercial or business advertising purposes are prohibited. It shall be unlawful for any person to use or operate or cause to be used or operated any sound device or apparatus in, on, near or adjacent to any public street, park or place for commercial or business advertising purposes.
The provisions of this chapter shall not apply to the following acts:
The emission of sound for the purpose of alerting persons to the existence of an emergency.
Activities from federal, state, or local government-sponsored celebrations, activities, or events.
Activities in buildings of public use, parks, or playgrounds, under permission or authority of the Town Board.
The operation or use of any organ, radio, bell chimes, or other instrument, apparatus, or device by a church, synagogue, or school licensed or chartered by the State of New York.
The use of snow blowers, lawn mowers, and domestic power tools.
Noise generated by the installation and maintenance of utilities.
The discharge of firearms for the purposes of hunting during the hours permitted by New York State law.
Noise from emergency construction for which a permit has been issued by the Town Code Enforcement Officer.
The Monroe County Sheriff's Department, New York State Police, or other police agencies shall enforce the provisions of this chapter.
Any person who violates any provision of this chapter shall be guilty of a violation and shall be subject to a fine of not less than $50 and not to exceed $250 for the first offense and shall be subject to a fine of not less than $250 or 15 days in jail for subsequent offenses. The Town of Chili may also seek injunctive relief to prevent the continued violation of this chapter.