Town of Wilson, NY Chapter 94 Noise

[HISTORY: Adopted by the Town Board of the Town of Wilson 7-19-2023 by L.L. No. 2-2023.[1] Amendments noted where applicable.]

[1] Editor's Note: This local law also repealed former Ch. 94, Noise, adopted 2-22-2005 by L.L. No. 1-2005.

§ 94-1 Declaration of policy.

The Town of Wilson recognizes that people have the right to and should be ensured an environment free from unreasonable, excessive noise that may jeopardize their health or safety or welfare or degrade their quality of life or value of their real property. This chapter is enacted to protect, preserve and promote the health, well-being and quality of life for the residents of the Town of Wilson through the reduction, control, and prevention of unreasonable and unnecessary noise.

§ 94-2 Unreasonable noise prohibited; factors to be considered.

A. Except as provided in this section below, no person shall cause, suffer or allow sound from the premises of any permitted use that creates a public inconvenience, annoyance, or alarm, or recklessly creates a risk thereof by the making of unreasonable noise.

B. For the purpose of this chapter, "unreasonable noise" shall mean any sound that is excessive or unusually loud and that disturbs the peace, comfort, or repose of a reasonable person of normal sensitivities.

C. Factors to be considered in determining whether unreasonable noise exists include, but are not limited to, the following:

(1) The level of the noise.

(2) Whether the nature of the noise is usual or unusual.

(3) Whether the origin of the noise is associated with nature or human-made activity.

(4) The intensity of the background noise, if any.

(5) The proximity of the noise to sleeping facilities.

(6) The nature and the zoning district of the area within which the noise emanates and the areas where it is received.

(7) The time of the day or night the noise occurs and duration of the noise.

(8) Whether the noise is recurrent, intermittent, or constant.

(9) The existence of complaints concerning the noise from persons who are affected by the noise.

§ 94-3 Prohibited acts.

The following acts are deemed to be in violation of this chapter when the sound therefrom is unreasonable noise as defined in § 94-2B above. The enumeration is not exclusive:

A. The playing of any noise-producing devices such as radios, electronic devices, televisions, loudspeakers, public address systems, musical instruments, and other amplification devices in such a manner or with such volume as to be audible beyond the property of the premises upon which it is being used between the hours of 10:00 p.m. and 7:00 a.m., or 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.

B. Noise from a dog or other pet animal that disturbs the comfort and repose of any person in the vicinity and exceeds a period of 30 minutes, continuously or intermittently.

C. The sounding of any horn, security alarm or other auditory signaling device emanating from any structure, vehicle, vessel, engine, machine or stationary boiler for a period of time longer that 15 minutes, except as required by law or to provide a warning signal during use thereof. This provision shall not be construed to prohibit the use and operation of a signal device on an emergency vehicle.

D. The use of any automobile, motorcycle, recreational vehicle or like vehicle so out of repair or operated in such a manner or at such a time as to create loud and unnecessary noise.

E. No person shall operate or cause to be operated any recreational motorized vehicle, whether duly licensed and registered or not, 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.

F. 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.

G. The operation of any power equipment, including a chainsaw, drill, grinder, lawn mower or garden tool, leaf blower, or similar tool in residential zones outdoors between the hours of 9:00 p.m. and 7:00 a.m. Monday through Friday and between the hours of 9:00 p.m. and 8:00 a.m. on Saturday, Sunday, and legal holidays. The hours restriction herein shall not apply to snowblowers during their normal use to remove snow.

H. The operation or causing the operation of any tools or equipment used in construction, excavation, demolition, grading, alteration, or repair work between the hours of 9:00 p.m. and 7:00 a.m. Monday through Friday and between the hours of 9:00 p.m. and 8:00 a.m. on Saturday, Sunday, and legal holidays, except for emergency work or work performed by public service utilities.

I. No person shall cause or permit the creation of any unreasonable noise adjacent to a hospital, school, library, nursing home, or long-term medical or mental care facility which interferes with the workings of such institutions or disturbs or annoys the occupants of said institutions, provided that conspicuous signs are displayed indicating the location of such facility.

J. No person shall cause or permit the creation of any unreasonable noise resulting from loud or raucous behavior likely to annoy or disturb the peace, comfort, or repose of a reasonable person of normal sensitivities.

§ 94-4 Exceptions.

In addition to specific exceptions provided above, these provisions shall not apply to the following:

A. The emission of sound for the purpose of alerting people to the existence of an emergency.

B. Noise from the use of machinery or equipment for public or private emergency needs or purposes.

C. Noise from the use of any authorized machinery or equipment for the purpose of the maintenance and repair of public roads and highways, including snowplows.

D. Noise generated by the installation and maintenance of utilities.

E. Agricultural activities on land zoned for such activities.

F. Noise from Town-sponsored celebrations or events.

G. Noise from nonsponsored events which have been authorized by the Town.

H. The operation or use of any organ, bells, chimes or sound amplifiers associated with a church, synagogue or any other place of public worship.

I. Refuse collection vehicles.

J. The discharge of firearms for the purpose of hunting during the hours and locations permitted by state and local laws.

K. Activities of the Town, school, law enforcement or volunteer fire company in performance of its duties, drills, or public demonstrations.

L. Noise from any legitimate commercial or industrial use or activity located in its proper zone as long as the noise emanating therefrom does not begin prior to the hour of 7:00 a.m. and does not regularly run beyond the hour of 12:00 midnight or is not otherwise scheduled to run beyond 12:00 midnight.

§ 94-5 Enforcement; penalties for offenses.

A. Enforcement. The noise control requirements established by this chapter shall be administered and enforced by the Town of Wilson Zoning Enforcement Officer and/or the law enforcement agency having jurisdiction in the Town of Wilson.

B. A violation of any of the provisions of this chapter shall be punishable by a fine of not more than $300. Each day that such violation occurs shall be deemed a separate offense and punishable as such.