[HISTORY: Adopted by the Town Board of the Town of Victor 12-27-2011 by L.L. No.
13-2011. Amendments noted where applicable.]
This chapter is adopted pursuant to the authority granted to
the Town of Victor at New York Municipal Home Rule Law § 10.
This chapter shall be known as and may be cited as "Local Law No. 13-2011 of the Town of Victor." The purpose of this L.L. No. 13-2011 is to establish Chapter 143, entitled "Noise," of the Victor Town Code, in order to regulate noise within the Town.
The Town Board of the Town of Victor finds and hereby determines
that excessive or otherwise unreasonable noise within the Town can
negatively affect the protection, order, conduct, safety, health,
welfare and well-being of the persons and property within the Town
of Victor. Therefore, the Town Board of the Town of Victor hereby
further finds and determines that noise shall be regulated within
the Town.
As used in this chapter, the following terms shall have the
meanings indicated:
Any excessive or unusually loud sound which either annoys,
disturbs, injures or endangers the comfort, repose, health, peace,
safety or welfare of a reasonable person of reasonable sensitivities
or which causes injury to animal life or damage to a property or business.
Standards to be considered in determining whether excessive noise
exists in a given situation include, but are not limited to, the following:
The volume or intensity of the noise;
Whether the nature of the noise is unusual or rare;
Whether the origin of the noise is created by man or is natural;
The volume or intensity of the ambient or background noise;
The proximity of the noise to sleeping facilities;
The nature of the area and the zoning district where the noise
emanates from and into;
The time of the day or night the noise occurs;
The duration of the noise;
Whether the noise is continuous;
In addition to the boundaries of real property established
by deeds, this also includes those boundaries created by rental or
lease agreements.
Excessive noise is prohibited within the Town of Victor and
shall be a violation of this chapter. For the purpose of this chapter,
the Code Enforcement Officer or any law enforcement officer having
jurisdiction within the Town to enforce this chapter, including the
Ontario County Sherriff's Department, shall be considered a reasonable
person of reasonable sensitivities.
Any noise which falls within the excessive noise definition
herein shall be excessive noise and thus a violation of this chapter.
Given the aforementioned, excessive noise includes, but is not limited
to, the following:
A.
The following shall constitute Excessive Noise at all times:
(1)
The sound of a horn, except as an emergency signal or warning, including
novelty horns, audible at 25 feet from the vehicle.
(2)
The unnecessary creation of sound from a motor vehicle, including
the squealing of tires, racing of engines, and playing of electronic
equipment, including radios, audible at 25 feet from the vehicle.
(3)
The operation of equipment, including motor vehicles, generators,
engines, compressors, and HVAC units, that are in such disrepair as
to create noise beyond the design specifications for the equipment,
such that the sound is audible beyond the property line of the premises
upon which the sound is created. Disrepair includes the reduction
in effectiveness of or elimination of any required muffling devices.
(6)
Any noise which is intentionally caused to annoy, disturb, harass,
or injury any other person or business.
B.
The following shall constitute Excessive Noise from the hours of
7:00 a.m. until 11:00 p.m.:
(1)
The playing of any radio, television, musical instrument, or other
machine or device for producing, reproducing, or amplification of
sound, such that, the sound is audible at 25 feet beyond the property
line of the premises upon which it is being used.
C.
The following shall constitute excessive noise from the hours of
11:00 p.m. until 7:00 a.m.:
(1)
The playing of any radio, television, musical instrument, or other
machine or device for producing, reproducing, or amplification of
sound, such that, the sound is beyond the property line of the premises
upon which it is being used.
(2)
Parades.
(3)
The deliberate creation or allowance of sounds that disturb the ambient
quiet beyond the property line of the premises upon which the sound
is created.
The following shall not constitute excessive noise. Rather,
the following is permitted by this chapter:
A.
Audible alarm and alerting devices designed to identify, alert the owner to and/or deter crime and emergencies, given that said alarm or device is working properly and is not malfunctioning and is in compliance with Chapter 61 of the Victor Town Code.
B.
Lawfully permitted fireworks displays.
C.
Ringing of bells or chimes in conjunction with normal church or religious
activities.
D.
Sounds created by emergency vehicles, equipment and operations while
lawfully operating.
E.
Sounds created by the normal operation of properly functioning aircraft.
F.
Sounds created by the normal operation of a railroad.
G.
Sounds created by the normal operation of a properly functioning
heating or cooling unit.
H.
Reasonable production of sound or noise in connection with any reasonable
military, civic or authorized parade, funeral procession, religious
ceremony, or wedding conducted at a reasonable time and with reasonable
frequency.
I.
Reasonable use of properly maintained and operated lawnmowers, hedge
trimmers, leafblowers, snowblowers, recreational vehicles and other
domestic power tools and devices utilized for the care and maintenance
of one's property between the hours of 7:00 a.m. and 9:00 p.m.
J.
A mass gathering permitted by Chapter 135 of the Victor Town Code as long as said mass gathering is operating within the permit granted by the Town.
K.
Lawful discharge of firearms.
M.
Snow removal and for normal and routine golf course maintenance conducted
by a governmental agency, private contractor, owner or owner's
agent.
N.
Victor Central School activities held on school grounds, including,
but not limited to, athletic activities, music activities, and parades.
A.
Enforcement. It shall be the duty of the Code Enforcement Officer,
the Ontario County Sheriff's Department, and any other law enforcement
officer with the requisite jurisdiction to enforce this chapter.
B.
Violation. Any person, firm or corporation who or which fails to
comply with or violates any of the provisions of this chapter shall
be guilty of a violation and subject to the penalties of that violation
or violations. Separate violations may be deemed committed during
the same day if additional violations continue or occur after one
is cited with a violation that same day.
C.
Penalties. For each violation, any person, firm, company or corporation
who or which neglects or refuses to do any act required by this chapter
shall be punishable as follows:
D.
Civil enforcement. Appropriate actions and proceedings may be taken
by law or in equity proceedings to prevent any violation of this chapter,
to recover damages, to restrain and correct or abate a violation.
These remedies shall be in addition to the penalties described above.
Consequently, the Town may institute any appropriate action or proceeding
to prevent and to restrain, correct or abate such violation or to
prevent any illegal act, conduct, business or use in and about such
premises.
