[HISTORY: Adopted by the Town Board of the Town of Riga 6-10-2009 by L.L. No.
2-2009.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law passed at referendum 11-4-2008.
The Town of Riga hereby intends to regulate all disturbing,
excessive, or offensive noises in order to preserve, protect, and
promote the public health, safety and welfare, and the peace, quiet,
comfort, and repose of the inhabitants of the Town and visitors thereto.
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.
This chapter shall hereafter be known and cited as the "Noise
Law of the Town of Riga."
For the purpose of this chapter, the terms used herein are defined
as follows:
Any vehicle that is propelled by means, other than human
or animal power, on land. The term "motor vehicle" shall also include
snowmobiles, dirt bikes/motorcycles and all-terrain vehicles (ATVs)
but shall exclude farm machinery used during agricultural activities.
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.
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.
That which is not required by usual circumstances.
Any disturbing, excessive, or offensive sound that disturbs
a reasonable person of normal sensitivity. This shall include any
sound capable of being heard through the closed windows and doors
of a bedroom, living room or den of a house located 50 feet or more
from the source of the device emitting the sound; or which endangers
or injures the safety or health of humans or animals; or which annoys
or disturbs a reasonable person of normal sensitivity.
The normal noise range for a particular type of vehicle or
mechanism.
A.
No person with the intent to cause public inconvenience, annoyance,
or alarm, recklessly, or negligently creating a risk thereof, shall
cause, suffer, allow, or permit to be made unreasonable noise.
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 are 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 10:00 p.m. and 7:00 a.m. the following day.
(3)
The use of any automobiles, motorcycles, or other vehicle that are
non-stock with modified equipment, so out of repair, so loaded, or
operating in such a manner as to create loud and unnecessary noise;
the making of improper noise or disturbance or operating an automobile
or motorcycle or other vehicle in such a manner as to cause excessive
squealing or other excessive noise of the tires.
(4)
Noise from the erection, including excavation, demolition, alteration
or repair, of any building other than between 7:00 a.m. and 10:00
p.m., except in cases of public safety or emergencies.
(5)
The sounding of any horn, or signaling device of an automobile, motorcycle
or other vehicle for any unnecessary or unreasonable period of time.
(6)
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 or cause to be used or operated any
sound device or apparatus in, on, near or adjacent to any public street,
park or place for commercial or business advertising purposes.
(7)
Using any motor vehicle so as to create any loud, repetitive, unnecessary
grating, grinding, rattling or any other noise which disturbs the
comfort and repose of any reasonable person in the vicinity.
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.
Activities from federal, state, or local government-sponsored celebrations,
activities, or events.
C.
Activities in buildings of public use, parks, or playgrounds, under
permission or authority of the Town Board.
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.
Agricultural activities and permitted industrial activities.
F.
The use of snow blowers, lawn mowers, and domestic power tools.
G.
Registered snowmobiles on designated trails.
H.
Noise generated by the installation and maintenance of utilities.
I.
The discharge of firearms for the purposes of hunting during the
hours permitted by New York State law.
J.
Lawful target shooting.
K.
Funeral processions.
L.
Noise from emergency construction for which a permit has been issued
by the Town Code Enforcement Officer.
M.
Emergency vehicles including fire trucks and ambulances.
This chapter shall be enforced by the Monroe County Sheriffs
Department, New York State Police, or other police agency.
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 $50 and not to exceed $250 for the first offense and shall be
subject to a fine of not less than $250 or 15 days in jail for subsequent
offenses. The Town of Riga may also seek injunctive relief to prevent
the continued violation of this chapter.
