[HISTORY: Adopted by the Town Board of the Town of Mendon 9-9-1974; amended in
its entirety 10-15-2018 by L.L.
No. 3-2018 (Ch. 144 of the 1994 Code). Subsequent
amendments noted where applicable.]
Making and creating disturbing, excessive or offensive noises
within the Town of Mendon (called "the Town") is persisting, and the
level and frequency of noise continues to increase. It is hereby declared
the policy of the Town Board to prevent all such noises, which are
detrimental to the public health, comfort, safety and welfare of the
residents of the Town. Every resident is entitled to an environment
which is free from disturbing, excessive or offensive noise which
is detrimental to the quiet, peaceful enjoyment of property and lawful
activities. This chapter is to be construed literally, but it is not
intended to be construed to discourage normal, reasonable or usual
activities or property use.
As used in this chapter, the following terms shall have the
meanings indicated:
Any motor vehicle designed for off-highway use and designed
to travel on not less than three low-pressure tires, having a seat
or saddle designed to be straddled by the operator and handlebars
for steering control. As used in this chapter, "all-terrain vehicles"
shall mean all-terrain vehicles and utility-terrain vehicles.
The sound pressure level in decibels as measured on a sound
level meter using the A-weighting network, the level of which so read
is designated "dB(A)" or "dBA."
An unenclosed motor vehicle having a saddle for the use of
the operator and two or three wheels in contact with the ground, including
but not limited to motor scooters and mini-bikes.
A device for abating the sound of escaping gases of an internal
combustion engine.
Any sound that annoys or disturbs humans or causes or tends
to cause an adverse psychological or physiological effect on humans.
Any sound that endangers or injures the safety or health
of humans or animals, annoys or disturbs a reasonable person of normal
sensitivities, or endangers or injures personal or real property.
A sound level in excess of 85 dB(A) measured at a residential property
line shall be considered a noise disturbance.
Any motor vehicle with four or more low-pressure tires designed
for off-highway use having bench or bucket seating for each occupant
and a steering wheel for control. As used in this chapter, "all-terrain
vehicles" shall mean all-terrain vehicles and utility-terrain vehicles.
The following acts are declared to be loud, disturbing and unnecessary
noises in violation of this chapter, but said enumeration shall not
be deemed to be exclusive, namely:
A.
Sounding
of any horn or signal device on any automobile, motorcycle, bus or
other vehicle, except as a danger signal; the sounding of a multitoned
or musical horn; the creation by means of any such signal device of
any unreasonably loud or harsh sound and the sounding of such device
for an unnecessary and unreasonable period of time, except that this
subsection shall not apply to vehicles of the Fire Department, law
enforcement agencies, other municipal departments or emergency vehicles
of public service corporations or ambulances.
B.
Playing
of any radio, television, musical instrument or other machine or device
for the producing, reproducing or amplification of sound in such a
manner or with such volume, particularly between the hours of 11:00
p.m. and 7:00 a.m., as to annoy the quiet, comfort or repose of persons
in any dwelling. It shall be prima facie evidence of a violation of
this section if the sound emanating from such machine or device is:
(1)
Audible
beyond the property line of the premises upon which it is being used
between the hours of 11:00 p.m. and 7:00 a.m.
(2)
Audible
at a distance of 50 feet beyond the property line of the premises
upon which it is being used between the hours of 7:00 a.m. and 11:00
p.m.
(3)
Audible
at a distance of 50 feet from such machine or device if operated from
a motor vehicle on a public street, parking lot or other public property.
C.
Keeping
of any animal or bird which, by causing frequent or long-continued
noise, disturbs the comfort and repose of any person in the vicinity.
D.
Using any
motor vehicle so as to create any loud or unnecessary grating, grinding,
rattling or any other noise which disturbs the comfort and repose
of any person in the vicinity.
E.
Discharging
into the open air the exhaust of any steam engine, stationary internal-combustion
engine, air compressor or motor vehicle or motorboat engine or the
making of a mechanical noise by a compressor or refrigeration unit,
except through a muffler or other device which will effectively prevent
loud or explosive noises.
F.
Operating
of power equipment (except the operation of snow removal equipment
or emergency power equipment) in residential zones between the hours
of 9:00 p.m. and 7:00 a.m.
G.
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. "Unnecessary" shall be defined as that which is not required
by usual circumstances.
H.
The erection,
alteration or repair of any building, including excavation and demolition,
other than between 7:00 a.m. and 7:00 p.m., except in matters involving
public safety or emergencies.
I.
The operation
of a generator for residential use where public services are available,
except in the case of emergency when public services are shut down.
J.
Motor vehicle
or motorboat repairs and testing. No person shall repair, rebuild,
modify, idle, run, accelerate or test any motor vehicle or any auxiliary
equipment attached to such vehicle, motorboat or aircraft in such
a manner as to cause a noise disturbance across a residential real-property
boundary between the hours of 11:00 p.m. and 7:00 a.m.
K.
ATV and
motorcycle. No person shall operate or permit the operation of powered
motor vehicles so as to create a noise disturbance across a residential
property boundary. Maximum sound levels for ATVs and motorcycles shall
not exceed 85 dB(A) and shall be measured at a distance of 50 feet
(15 meters) from any point on the path of the vehicle.
L.
No person
shall operate or cause or allow to be operated any motor vehicle or
motorcycle not equipped with a muffler or other sound-dissipative
device in good working order and in constant operation. No person
shall remove or render inoperative or cause or allow to be removed
or rendered inoperative, other than for purposes of maintenance, repair
or replacement, any muffler or sound-dissipative device on a motor
vehicle or motorcycle.
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 Mendon.
D.
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.
Noise from
emergency construction for which a permit has been issued by the Town
Code Enforcement Officer.
H.
Normal
or emergency Town equipment operated by the Town or equipment operated
by its contractual vendees.
I.
Agricultural
activities.
J.
Discharging
of firearms for the purpose of hunting during the hours and locations
permitted by state and local law.
Violations of this chapter may be enforced by the designated
Town Code Enforcement Officer or members of the Monroe County Sheriff’s
Department, New York State Police or other peace officers in connection
with their duties imposed by law.
