[HISTORY: Adopted by the Town Board of the Town of Massena 6-17-2020 by L.L. No. 1-2020.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 171, but
was renumbered to maintain the alphabetical sequence of the Code.
A.
It is hereby declared to be the policy of the Town to prevent excessive,
unnecessary or unusually loud noises. It is further declared that
the provisions and prohibitions hereinafter contained and enacted
are in pursuance of and for the purpose of preserving, protecting
and promoting the public health, comfort, convenience, safety, welfare
and prosperity and the peace and quiet of the Town of Massena and
its inhabitants.
B.
This chapter shall be liberally construed so as to effectuate the
purposes described in this section. Nothing herein shall be construed
to abridge the emergency powers of any Town department or the right
of such department to engage in any necessary or proper activities.
Nothing herein shall abridge the powers and responsibilities of any
police department or law enforcement agency to enforce the provisions
of this chapter.
This chapter shall not apply to the operation or use of any
organ, radio, bell, chimes or other instrument, apparatus or device
by any church, synagogue or school or to emergency services.
A.
The creation of any unreasonably loud, disturbing and unnecessary
noise is prohibited. Said noise shall be prohibited when it is of
such character, intensity and duration or of any type or volume that
a reasonable person would not tolerate under the circumstances and
that is detrimental to the life, health or welfare of any individual
or would cause or create a risk of public inconvenience, annoyance
or alarm.
B.
The following acts and the causing thereof are declared to be loud,
disturbing and unnecessary noises in violation of this chapter, but
the enumeration herein shall not be deemed to be exclusive:
(1)
Noisy vehicles. No person shall:
(a)
Use an automobile, motorcycle or other vehicle so out of repair,
so loaded or in such a manner as to create loud, unnecessary grating,
grinding, rattling or other noise.
(b)
Operate any vehicle in such a manner as to cause unnecessary
and unreasonable noise by spinning or squealing the tires or revving
the motor of such vehicle.
(c)
Modify or cause to be modified the muffler, exhaust system or
other noise-control device of any vehicle in a manner that will increase
the noise emitted by such vehicle above that emitted by the vehicle
when newly manufactured, regardless of the date of manufacture. The
noise-control devices of any vehicle operated in the Town shall be
maintained and in good working order. No person shall operate or permit
to be operated a vehicle where the muffler, exhaust system or other
noise-control device has been so modified or has not been maintained.
(2)
Discharge of exhaust: the discharge into the open air of the exhaust
of any stationary internal-combustion engine, motor vehicle or boat
engine or motor, except through a muffler or other device which will
effectively prevent loud or explosive noises therefrom.
(3)
Construction, demolition, excavation, and other uses of power equipment:
the erection, including excavating, demolition, alteration, dredging,
or repair of any building, land clearing, land grading, riverbed or
road and utility construction and the operation of other power equipment
outdoors other than between 7:00 a.m. and 10:00 p.m., Monday through
Friday, and between 8:00 a.m. and 10:00 p.m., Saturday and Sunday,
except in case of residential and agricultural projects and in an
urgent necessity in the interest of public safety, upon approval of
the Code Enforcement Officer.
(4)
Noise near schools and other institutions: the creation of any excessive
noise on any street adjacent to any school, institution of learning,
church or court, while the same is in session, or adjacent to any
hospital, which unreasonably interferes with the workings of such
institutions, provided that conspicuous signs are displayed in such
streets indicating that the same is a school, hospital, church or
court street.
(5)
Refuse-collecting equipment. No person shall operate refuse-collecting
equipment between the hours of 10:00 p.m. and 7:00 a.m.
(6)
Sound reproduction. No person shall operate, play or permit the operation
or playing of any radio, television, phonograph, drum, musical instrument,
sound amplifier or similar device which produces, reproduces or amplifies
sound so as to produce unreasonable or unnecessary noise at any time,
except for activities open to the public or for the public benefit
and for which permission has been granted by the Town.
(7)
Animals. No person shall keep, permit or maintain any animal under
his or her control that causes unreasonable and prolonged noise by
continued barking, howling or other animal noises, excluding farm
animals maintained using sound agricultural practices.
(8)
Shouting. No person shall shout, yell, call, whistle or sing on public
streets or in public places in such a manner and for a period of time
as to be unreasonable under the circumstances.
(9)
Noise in the conduct of any business: the creation of unreasonable
or unnecessary noise in the operation, conduct and/or maintenance
of any business, factory, plant, yard or manufacturing establishment
(except as otherwise provided in this chapter), including but not
limited to excavating, blasting, grinding, breaking, crushing or processing
of any substance (where permitted).
(10)
The operation of restaurants, taverns, bars and discos.
(a)
No restaurant, tavern, bar, nightclub, disco or other similar
use, whether public or private, shall be conducted so that unreasonable
or unnecessary music or other noise is caused by and/or emanates from
said use.
(b)
Any owner, operator or proprietor of such a business use or
the owner, licensee or person in control of any private premises shall
so limit the level of noise emanating from the premises.
(c)
Further, it shall be the duty of any such person to disperse
any assembly of persons loitering, drinking alcoholic beverages or
otherwise engaging in lewd or disorderly conduct adjacent to or near
the premises or to immediately notify the police of such conduct.
(11)
Private residences. No noise from parties, entertainment, music
or social gatherings of any kind, whether public or private, shall
be such that noise caused by and/or emanating from said use can be
heard between the hours of 11:00 p.m. and 7:00 a.m. the following
day inside any residence, regardless of whether the windows of such
residence are open, or at any other time if said noise is unnecessary
or unreasonable under the circumstances.
(12)
To operate, or to permit the continued operation of, malfunctioning
air-handling equipment, including but not limited to fans, compressors
and heat pumps.
A.
In those cases of unreasonable noise, other than violations of § 160-3B(1), (2), (3) and (5), the person or persons responsible shall be advised of any conduct prohibited herein by the police or any Town officer authorized to enforce the provisions of this chapter. After such warning, if any party shall continue or repeat said conduct or similar conduct, the party shall be in violation of this chapter and which violation shall be punishable as provided herein.
B.
It shall be sufficient if said warning is oral and/or in person or
over the telephone.
D.
Violations of the provisions of this chapter shall be punishable
by a fine not to exceed $100 for each offense.
