[HISTORY: Adopted by the Clarkson Town Board 10-24-2006
by L.L. No. 3-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Dogs and other animals — See Ch. 56.
[1]
Editor's Note: This local law was adopted as Ch. 105 but was
renumbered to maintain the alphabetical sequence of the Code.
Subject to the provisions of this chapter, the creation of any unreasonably
loud, disturbing and unnecessary noise in the Town of Clarkson is prohibited.
Noise of such character, intensity and duration as to be detrimental to the
life or health of any individual is prohibited.
A.
The following acts, among others, are declared to be
loud, disturbing and unnecessary noises in violation of this chapter, but
said enumeration shall not be deemed to be exclusive, namely:
(1)
The sounding of any horn or signal device on any automobile,
motorcycle, bus or other vehicle, except as a danger signal; the sounding
of a multitoned or musical horn; the creation by means of any such signal
device of any unreasonably loud or harsh sound and the sounding of such device
for an unnecessary and unreasonable period of time, except that this subsection
shall not apply to vehicles of the Fire Department, law enforcement agencies,
other municipal departments or emergency vehicles of public-service corporations
or ambulances.
(2)
The playing of any radio, television, musical instrument
or other machine or device for the producing, reproducing or amplification
of sound in such a manner or with such volume, particularly between the hours
of 10:00 p.m. and 7:00 a.m., as to annoy the quiet, comfort or repose of persons
in any dwelling or other type of residence. It shall be prima facie evidence
of a violation of this section if the sound emanating from such machine or
device is:
(a)
Audible beyond the property line of the premises upon
which it is being used between the hours of 10:00 p.m. and 7:00 a.m.
(b)
Audible at a distance of 50 feet beyond the property
line of the premises upon which it is being used between the hours of 7:00
a.m. and 10:00 p.m.
(c)
Audible at a distance of 25 feet from such machine or
device if operated from within a motor vehicle on a public street, parking
lot or other public property.
(3)
The keeping of any animal or bird which, by causing frequent or long-continued noise, disturbs the comfort and repose of any person in the vicinity; provided, however, that this chapter is not intended to supersede any provisions of Chapter 56, Dogs and Other Animals, of the Clarkson Code.
(4)
The use of any motor vehicle so as to create any loud
or unnecessary grating, grinding. rattling or any other noise which disturbs
the comfort and repose of any person in the vicinity.
(5)
The operation of power equipment in residential zones
outdoors between the hours of 10:00 p.m. and 7:00 a.m. unless such operation
is necessary to keep open access to the property on which it is being operated
as in the case of plows or snowblowers.
(6)
The discharge into the open air of the exhaust of any
steam engine, stationary internal-combustion engine, air compressor or motor
vehicle or motorboat engine or the making of a mechanical noise by a compressor
or refrigeration unit, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
B.
For purposes of this chapter the term "motor vehicle"
shall include every device in, upon or by which any person or property is
or may be transported or drawn, which is propelled by any power other than
muscular power, except vehicles which run only upon rails or tracks. This
definition shall include but not be limited to trucks, buses, automobiles,
vans, motorcycles, motor scooters, dune buggies, snowmobiles, all-terrain
vehicles, go-carts, minibikes, trail bikes and all other types of motorized
vehicles or devices.
The provisions of this chapter shall not apply to the following:
A.
Funeral processions or use of such devices by a church.
B.
The production of music in connection with any parade
authorized under any provision of law.
C.
Special events, such as Clarkson Good Neighbor Days,
Summer Concert Series at Hafner Park, annual church festivals and other events,
activities, carnivals, festivals, picnics, fundraisers, block parties, races,
walks or gatherings of individuals that are required to obtain a permit or
authorization from either the Town Board, Town Clerk, Highway Department,
Building Department or the Monroe County Department of Health, so long as
such activities are being conducted according to the terms of the permit or
authorization.
D.
The use of amplifiers or other sound-producing instruments
or equipment in connection with any religious or political activity or any
permitted athletic competition or recreational event held on athletic fields
within the Town, so long as the use of said amplifiers or other sound-producing
instruments or equipment are permitted for use on the property.
E.
Agricultural activities.
F.
The discharge of firearms for the purposes of hunting
during the hours and locations permitted by state and local law.
G.
Other official law enforcement activities.
H.
The operation of residential heating or cooling units
installed in accordance with manufacturers' guidelines.
This chapter shall be enforced by the Monroe County Sheriff's Department,
New York State Police or other peace officers.
A.
Any person who violates any portion of this chapter or
harbors any device which creates a violation of this chapter shall be guilty
of a violation and, upon conviction, shall be punished by a fine of not less
than $150 nor more than $350 or by imprisonment for up to 15 days, or both.
B.
The owner of any property and any person, firm, association
or corporation in control of the real property or motor vehicle where the
violation(s) of this chapter occur(s) shall be guilty of a separate violation
and, upon conviction thereof, shall be fined or imprisoned as herein provided.
C.
A separate offense shall be deemed committed on each
day during which a violation occurs or continues.
If any clause, sentence, phrase, paragraph or any part of this chapter
shall for any reason be adjudicated finally by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate the remainder
of this chapter but shall be confined in its operation and effect to the clause,
sentence, phrase, paragraph or part thereof directly involved in the controversy
or action in which such judgment shall have been rendered. It is hereby declared
to be the legislative intent that the remainder of this chapter would have
been adopted had any such provisions been excluded.
