[HISTORY: Adopted by the Town Board of the
Town of Jerusalem 9-20-2017 by L.L. No. 5-2017.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch. 107,
Noise, adopted 10-14-1974.
The Town Board of the Town of Jerusalem hereby declares its
intent to prevent unreasonable or unnecessary loud and disturbing
noises as they are deemed to be detrimental to the health, welfare
and quality of life to the people of the Town of Jerusalem. By this
enactment, the Town Board intends to preserve, protect and promote
the public health, safety and welfare and to foster peace within the
Town of Jerusalem, and, in this regard, the Town Board does hereby
enact the following Chapter. It is the intention of the Town Board
that this chapter shall be liberally construed so as to effectuate
the purposes described in this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
Any noise emitted from a dog or other domesticated animal.
That time period between the hours noted as follows:
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10:00 p.m. Sunday through 7:00 a.m. Monday
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10:00 p.m. Monday through 7:00 a.m. Tuesday
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10:00 p.m. Tuesday through 7:00 a.m. Wednesday
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10:00 p.m. Wednesday through 7:00 a.m. Thursday
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10:00 p.m. Thursday through 7:00 a.m. Friday
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11:00 p.m. Friday through 7:00 a.m. Saturday
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11:00 p.m. Saturday through 7:00 a.m. Sunday
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Persons, corporations, limited liability companies, companies,
associations, joint-stock associations, partnerships, co-partnerships,
estates or any other entity and persons, their assignees, lessees,
trustees or receivers appointed by any court whatsoever, or by any
other means, except the state, municipalities, political and civil
subdivisions of the state, municipal and public districts.
Any excessive or unusually loud noise (verbal, electronic
or other means), which either annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of a reasonable person
of normal sensitivities. During hours of repose, any noise audible
on adjacent properties not necessary for protection or preservation
of property or of the health, safety, life or limb of a person may
be considered an unreasonable/unnecessary noise.
A.
No person shall cause, suffer, allow or permit to be made an unreasonable/unnecessary
noise whether within or without the hours of repose.
B.
No person shall fail to control animal noise that is substantially
continuous and repetitive for a period in excess of 15 minutes, as
it is unreasonable noise, whether within or without the hours of repose.
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 municipality-permitted celebrations or events for public
assembly or where other relevant permission has been obtained from
the governmental body with any restrictions applicable.
C.
The operation or use of any organ, bell, or chimes by any church,
synagogue or school licensed or chartered by the State of New York.
D.
Noise generated by the installation and maintenance of utilities.
E.
Noise generated in an industrial operation as a normal consequence
of the manufacturing process.
F.
Noise generated from an agriculture operation as reasonable for such
purposes.
G.
Noise generated by a sporting event as reasonable for such purposes,
including time of day.
H.
Noise generated from normal traffic flow with the exception of deliberate
squealing of tires on the pavement.
I.
Sounds created by a municipality during any emergency repair and
maintenance or any other repair or maintenance undertaken by the municipality.
Upon receipt of a complaint by any person(s) to the Yates County
Sheriff's 911 Center or to a law enforcement officer, a police
officer or a peace officer will be dispatched to investigate any complaint
regarding noise in violation of this chapter and may exercise all
those lawful powers and duties deemed necessary to enforce the provisions
of this chapter.
Upon the filing of an accusatory instrument in an applicable
local criminal court alleging a violation of this chapter, said accusatory
instrument shall be prosecuted by the Town of Jerusalem Attorney,
unless said Attorney has a conflict of interest and then by the District
Attorney.
A.
Any person who is convicted for a first offense of any provision
of this chapter shall be subject to a fine not less than $100 and
not to exceed $250.
B.
Any person who is convicted for a second offense committed within
a period of one year after conviction for a first offense hereunder
shall be guilty of a violation and shall be subject to a fine of not
less than $250.
C.
Any person who is convicted hereunder for a third or subsequent offense(s),
all of which were committed within a two-year time period, shall be
guilty of a violation and shall be subject to a fine of not less than
$250 and/or to jail time of up to 10 days.
D.
In addition to the foregoing, the Town of Jerusalem may also seek
injunctive relief to prevent the continued protection of this chapter
and the public.
