[HISTORY: Adopted by the Town Board of the
Town of Monroe 12-9-1991 by L.L. No. 6, 1991. Amendments noted
where applicable.]
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. No one has the
right to create unreasonable noises as defined herein. 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.
For the purpose of this chapter, the terms used
herein are defined as follows:
Any site preparation, assembly, erection, repair, alteration
or similar action, but excluding demolition of buildings or structures.
Any occurrence or set of circumstances involving actual or
imminent physical trauma or danger to human life or property damage
which demands immediate action.
Any work or action necessary to deliver essential services,
including but not limited to repairing water, gas, electricity, telephone
and sewer facilities and public transportation, removing fallen trees
on public rights-of-way and abating life-threatening conditions.
Any individual, corporation, company, association, society,
firm, partnership, joint-stock company, the state or any political
subdivision, agency or instrumentality of the state.
Any street, avenue, boulevard, road, highway, sidewalk, alley
or similar place that is owned or controlled by a governmental entity.
Any real property or structures located thereon owned or
controlled by a governmental entity.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Any property used for human habitation.
Any apparatus or device for the making, reproduction or amplification
of the human voice or other sounds.
The Town of Monroe, Orange County, New York.
Any airborne sound or series of sounds of such
level and duration as to be or tend to be injurious to human health,
safety or welfare or that would unreasonably interfere with the enjoyment
of life or property.
Any airborne sound or series of sounds that
would endanger the safety or health of or disturb a reasonable person
of normal sensitivities or endanger personal or real property.
Any sound or series of sounds so unreasonably
loud, noisy, offensive or disruptive as to cause public inconvenience,
annoyance or alarm.
Any carrier which is propelled or drawn on land or water
by an engine or motor or other artificial or natural means of propulsion.
A.
It shall be unlawful for any person to willfully make
or continue or cause to be made or continued any loud, unreasonable
or unusual noises which disturb the peace and quiet of any neighborhood
or which cause discomfort or annoyance to any reasonable person of
normal sensitivities residing in the area.
B.
The following acts are declared to be loud, unreasonable
or unusual noises in violation of this chapter:
(1)
The operation of any radio, electronic device or phonograph
or the use of any musical instrument in such a loud and unreasonable
manner or as to annoy or disturb the quiet, comfort or repose of the
public.
(2)
The keeping of any animal or bird which, by making
frequent or long-continued noise, disturbs the comfort and repose
of a reasonable person of normal sensibilities in a residential area.
(3)
The use of any automobile, motorcycle, trail bike,
minibike, snowmobile, bus, vehicle, boat, truck, all-terrain vehicle,
motor-driven equipment or motor-driven vehicle or other type of water-
or sea-going vessel in such a manner as to create loud, unreasonable
or unnatural grating, rattling or other noise.
(4)
The blowing of any steam whistle attached to any stationary
boiler except to give notice of the time to begin and stop work or
as a warning of danger.
(5)
The discharge to the open air or the exhaust of any
steam engine, stationary internal-combustion engineer or motor vehicle
engine except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
(6)
The erection, excavation, demolition, alteration or
repair of any building other than between the hours of 7:00 a.m. and
9:00 p.m., prevailing time, weekdays and between the hours of 9:00
a.m. and 9:00 p.m., prevailing time, Saturdays and Sundays, except
in cases of urgent necessity in the interest of public safety as determined
by the Building Inspector or other applicable laws in the Code of
the Town of Monroe.
[Amended 9-21-1992 by L.L. No. 3, 1992]
(7)
The creation of any noise of unreasonable extent and
duration on any street adjacent to any school, institution of learning
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 or court street.
(8)
The creation of a loud and excessive noise in connection
with the loading or unloading of any vehicle or the opening and destruction
of bails, crates and containers in such a manner as to create an unreasonable
noise of unreasonable extent and duration.
(9)
The shouting and crying of peddlers, hawkers and vendors
which unreasonably disturbs the peace and quiet of the neighborhood.
(10)
The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention to any sale or display
of merchandise by the creation of noise.
(11)
The sounding of any horn or signal device on any vehicle,
motorcycle, bus or other device except as a warning signal, pursuant
to the provisions of Subdivision 1 of § 375 of the Vehicle
and Traffic Law of the State of New York.
(12)
The use of any radio apparatus, loudspeaker, amplifier
or other electronic device attached thereto in such manner that the
loudspeaker shall cause the sound from such radio apparatus or amplifier
to be projected directly therefrom outside of any building or out-of-doors
or the use of any radio apparatus, loudspeaker or amplifier which
is in any way fastened to or connected with any outside wall or window
in any building or structure so that the sound therefrom is projected
outside of such outside wall or window. Nothing herein contained shall
be construed to prevent the operation of a radio apparatus or electronic
device used in a reasonable manner by any person within any building
or structure, provided that said radio apparatus or loudspeaker is
not so arranged that such loudspeaker shall project the sound therefrom
directly outside of any building or out-of-doors.
(13)
The creation of any noise, including yelling, shouting
or hooting, which causes public inconvenience or alarm or disturbs
the public's peace, comfort or tranquillity.
The following sounds shall not be deemed to
be a violation of this chapter:
A.
Sounds created by church bells or chimes.
B.
Sounds created by any government agency by the use
of public warning devices.
C.
Sounds created by lawn mowers between the hours of
7:00 a.m. and 9:00 p.m., prevailing time, weekdays and between the
hours of 9:00 a.m. and 9:00 p.m., prevailing time, Saturdays and Sundays.
[Amended 9-21-1992 by L.L. No. 3, 1992]
D.
Sounds created by public utilities in carrying out
operations of their franchises.
E.
Sounds connected with sporting events of any public
or private school or authorized carnival, fair, exhibition, parade
or other such events open to and frequented by the public at large
allowed by permit of the Town Board.
F.
Sounds on private property which do not carry beyond
the boundary lines of the property on which they are created.
G.
The use of loudspeakers in connection with voter registration
projects and, within 30 days prior to an election, the use of loudspeakers
in connection with election campaigns between 9:00 a.m. and 8:00 p.m.,
prevailing time.
H.
Between the hours of 7:00 a.m. and 9:00 p.m., sounds
created in the exercise of any trade, industry, business or employment,
provided that it is not conducted in such a manner as to create any
unreasonable, unnecessary or unusual noise of an unreasonable extent
and duration.
I.
Sounds created by snowblowers or other snow-removal
devices during hours that necessitate removal of snow; provided, however,
that the operation of such devices is conducted in a reasonable manner
and for a reasonable extent of time.
[Added 9-21-1992 by L.L. No. 3, 1992]
A.
The Zoning Board of Appeals of the Town of Monroe
shall have the authority, consistent with this section, to grant variances
to this chapter.
B.
Any person seeking a variance pursuant to this section
shall file an application with the town. The application shall consist
of a sworn statement by the applicant. Such statement shall contain
information which demonstrates that bringing the source of sound or
activity for which the variance is sought into compliance with this
chapter would constitute an unreasonable hardship on the applicant,
on the community or on other persons. In addition, the following information
shall be provided:
(1)
The plans, specifications or other information pertinent
to such sources of noise.
(2)
The characteristics of the sound emitted by the source,
including but not limited to the sound levels, the presence of impulsive
sounds and the hours during which such sound is generated.
(3)
The noise abatement and control methods used to restrict
the emission of sound.
C.
The Zoning Board of Appeals, upon receipt of such
application and upon payment of any fee which shall be required by
resolution of the Town Board, shall set the matter down for a public
hearing to be held within 30 days from the date the application is
submitted. The Zoning Board of Appeals shall cause publication of
such public hearing to be given in the official newspaper of the town
in the same manner as a hearing before the Zoning Board of Appeals
is published. The applicant, in like manner, shall give notice of
the application by certified mail in the same manner that a hearing
before the Zoning Board of Appeals is noticed.
D.
In determining whether to grant or deny the application,
the Zoning Board of Appeals shall balance the hardship to the applicant,
the community and other persons of not granting the variance against
the adverse impact on the health, safety and welfare of persons affected,
the adverse impact on the property affected and other adverse impacts
of granting the variance.
E.
The Zoning Board of Appeals may require the taking
of sound level readings, at the applicant's expense, in the event
that there shall be any dispute as to the sound levels prevailing
or to prevail at the sound source site.
F.
The Zoning Board of Appeals shall have the power to
impose restrictions, conditions and the recording of covenants upon
any sound source site, including time limits on permitted activity
in the event that it shall grant any variance hereunder.
G.
Any persons or persons jointly or severally aggrieved
by any decision of the Zoning Board of Appeals shall have the right
to apply to the Supreme Court for review in accordance with § 267
of the Town Law.
H.
The Zoning Board of Appeals shall have the right to
revoke any variance where the beneficiary of the same is found to
be in violation of any condition upon which the variance was granted.
Any person violating any provision of this chapter
shall be fined not less than $50 nor more than $250 for each offense,
and a separate offense shall be deemed committed on each day during
or on which a violation occurs or continues. The imposition of penalties
herein prescribed shall not preclude the town from instituting appropriate
legal action or proceedings to prevent or enjoining any violation
of this chapter.
[Amended 4-5-2021 by L.L. No. 2-2021]
The provisions of this chapter shall be enforced
by the Code Enforcement Officer, or his or her designee, or other
law enforcement officers that have the power, pursuant to the New
York State Criminal Procedure Law, to arrest persons or issue appearance
tickets in the Town of Monroe for the commission of violations.
No provision of this chapter shall be construed
to impair any common law or statutory cause of action or legal remedy
therefrom of any person for injury or damage arising from any violation
of this chapter.
In the event that a court of law determines
that any provision of this chapter is unenforceable, then only that
provision shall be affected and any and all other provisions shall
be fully enforceable.
This chapter shall take effect in accordance
with the relevant provisions of the Municipal Home Rule Law.
