Town of Fort Edward, NY
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Fort Edward 9-13-2010 by L.L. No. 2-2010. Amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 42.
Farming — See Ch. 49.

§ 73-1 Intent; purpose.

It is the intent of the Fort Edward Town Board to allow residents to enjoy the environment of the Town without subjecting residents to disturbing, excessive or offensive noise which creates a detriment to life, health or the enjoyment of their property. This chapter is to be construed literally, but is not intended to discourage the enjoyment by residents of normal, reasonable and usual activities.

§ 73-2 Prohibited acts.

A. 
No person 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 which disturbs the normal activities of a reasonable person.
B. 
The following acts are declared to be evidence of a violation of this chapter:
(1) 
Any unnecessary noise from any source between the hours of 11:00 p.m. and 7:00 a.m.
(2) 
Noise from a dog or other pet that is continuous and exceeds 15 minutes.
(3) 
Noise from a burglar alarm or other alarm system of any building, motor vehicle or boat which is continuous.
(4) 
Noise from any sound reproduction system, operating or playing any radio, portable radio or tape player, television, tape deck or similar device that reproduces or amplifies sound in such a manner as to be heard 60 feet from its source or over any property line.
(5) 
The erection, excavation, demolition, alteration or repair of any building other than between the hours of 7:00 a.m. and 9:00 p.m. except in the case of public safety or emergency.
(6) 
The operation of power equipment between the hours of 10:00 p.m. and 7:00 a.m.
(7) 
The sounding of any horn or signaling device of an automobile, motorcycle or other vehicle for any unnecessary reason or unreasonable period of time.
(8) 
The making of improper noise or a disturbance or operating a motor vehicle, all-terrain vehicle or other motorized vehicle in such a manner as to cause excessive squealing or other excessive noise of tires. Snowmobiles and other motor vehicles, all-terrain vehicles and other motorized vehicles shall not be otherwise operated in such a manner as to create loud, excessive, unnecessary or unusual noise or in any way which shall unduly disturb the peace and privacy of the residents of the Town.
(9) 
Offering for sale anything by shouting or crying out upon the public streets and sidewalks.
(10) 
The use of engine brakes is prohibited, and they may be used only in an emergency.

§ 73-3 Exceptions.

Exceptions are as follows:
A. 
The emission of sound for the purpose of alerting persons to the existence of any emergency.
B. 
Noise from municipality-sponsored celebrations or events.
C. 
Noise from individually sponsored events where a permit for public assembly has been obtained.
D. 
The operation or use of any organ, radio, bell, chimes or other instrument, apparatus or device by any church or synagogue.
E. 
Noise generated by the installation and maintenance of utilities.
F. 
Noise generated by normal operations of the Town of Fort Edward.
G. 
Sounds created by farm operations, as they are covered in the Right to Farm Law[1] and New York State Department of Agriculture and Markets regulations.
[1]
Editor's Note: See Ch. 49, Farming, Art. I, Right to Farm.

§ 73-4 Penalties for offenses.

Any person violating any provision of this chapter shall be guilty of a violation and shall be subject to a fine not to exceed $250 for each offense or imprisonment for 15 days, or both.