Town of Sweden, NY
Monroe County
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Table of Contents
Table of Contents
Public Documents
[HISTORY: Adopted by the Town Board of the Town of Sweden 10-9-2001 by L.L. No. 2-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Public assemblies — See Ch. 55.
Dogs and other animals — See Ch. 84.

§ 135-1 Findings; declaration of policy; intent.

[Amended 8-22-2006 by L.L. No. 3-2006]
Disturbing, excessive or offensive noises within the jurisdictional limits of the Town of Sweden are conditions that have persisted. The level and frequency of occurrences of such noises continue to increase. It is hereby declared to be the policy of the Town Board of the Town of Sweden to prevent any unreasonable, loud, disturbing and unnecessary noise. These noise levels are a detriment to the public health, comfort, convenience, safety and welfare of the residents of the Town of Sweden. Every resident is entitled to an environment in which disturbing, excessive or offensive noise is not detrimental to his or her life, health or enjoyment of his or her property. 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.

§ 135-2 Definitions.

For the purpose of this chapter, the terms used herein are defined as follows:
PERSON
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 OR 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, OR 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 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.
UNNECESSARY
That which is not required by usual circumstances.
USUAL
The normal noise range for a particular type of vehicle or mechanism.

§ 135-3 Prohibited noises.

A. 
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.
B. 
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.
(1) 
Any unnecessary noise from any sources which is 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 9:00 p.m. and 7:00 a.m. the following day.
(2) 
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.
(3) 
The use of any automobile, motorcycle or vehicle so out of repair or so loaded or operated in such a manner as to create loud and unnecessary noise. The making of improper noise or disturbance or operating an automobile or motorcycle in such a manner as to cause excessive squealing or other excessive noise of the tires.
(4) 
Noise from a burglar alarm or other alarm system of any building, motor vehicle or boat that is continuous and exceeds 15 minutes.
(5) 
Noise from any sound reproduction system, 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 40 feet from its source or over any property line.
(6) 
Permitting or taking part in an unreasonably noisy or tumultuous party or gathering which disturbs the peace and quiet of a person or neighborhood.
(7) 
Motor vehicles, excessive noise.
(a) 
No person shall operate or cause to be operated any motor vehicle in such a manner that the sound emitted is excessive noise as defined in this chapter; and
(b) 
The excessive noise is audible at a distance of 25 feet or more from the vehicle when operated on a public street or in a park or other public place; or
(c) 
The excessive noise is audible at or beyond the property line when operated on private property.
(8) 
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.
(9) 
The operation of power equipment in residential zones outdoors between the hours of 9:00 p.m. and 7:00 a.m. the following day and on weekends between 9:00 p.m. and 8:00 a.m. the following day.
(10) 
The sounding of any horn or signaling device of an automobile, motorcycle or other vehicle for any unnecessary or unreasonable period of time.
(11) 
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 any sound device or apparatus in, on, near, or adjacent to any public street, park or place for commercial or business advertising purposes.
[Amended 8-22-2006 by L.L. No. 3-2006]

§ 135-4 Exceptions.

The provisions of this chapter shall not apply to the following acts:
A. 
The emission of sound for the purpose of alerting persons to the existence of an emergency.
B. 
Noise from Town-sponsored celebrations or events.
C. 
Noise from non-Town-sponsored events that have been authorized by the Town Board of the Town of Sweden.
D. 
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.
E. 
Noise generated by the installation and maintenance of utilities.
F. 
Noise generated by any use from commercial or industrial zoned property that existed prior to the adoption of this chapter. However, if said use is terminated, abandoned or discontinued for a continuous period of six months, then said use shall be subject to the provisions of this chapter.
G. 
Normal agricultural activities.
H. 
Firearms for hunting during state permitted hours.
I. 
Noise from emergency construction for which the Town Code Enforcement Officer has issued a permit.
J. 
The operation of snow removal equipment or emergency power equipment.
K. 
Federal and state regulations which preempt Town authority.

§ 135-5 Penalties for offenses.

[Amended 8-22-2006 by L.L. No. 3-2006]
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 $100 and not to exceed $250 or imprisonment for not more than 15 days, or both, for each offense. The Town may also seek injunctive relief to prevent the continued violation of the law.

§ 135-6 Enforcement.

The members of the Monroe County Sheriff's Department, State Police or other peace officers shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter.