[HISTORY: Adopted by the Town Board of the Town of Orchard Park as
Secs. 10-16 through 10-20 of the 1970 Code. Amendments noted where applicable.]
It is hereby declared to be the policy of the Town Board to prevent
any unreasonably loud, disturbing and unnecessary noises. Noises of such character,
intensity and duration as to be detrimental to the life and health of any
individual or contrary to the public welfare are prohibited.
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.
Subject to the provisions of this chapter, the creation of any unreasonably
loud, disturbing and unnecessary noise is prohibited. Noise of such character,
intensity and duration as to be detrimental to the life or health of any individual
is prohibited.
The following acts, among others, 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:
A.
Horns, signaling devices. The sounding of any horn or
signal device on any automobile, motorcycle, bus or other vehicle while stationary,
except as a danger signal when an approaching vehicle is apparently out of
control or, if in motion, only as a danger signal after or as brakes are being
applied and deceleration of the vehicle is intended; the creation by means
of any such signal device of any unreasonably loud or harsh sound or the sounding
of any such device for an unnecessary period of time.
B.
Noisy vehicles. The use of 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.
C.
Discharge of exhaust. The discharge into the open air
of the exhaust of any steam engine, 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.
D.
Construction, demolition, excavation. The erection, including
excavating, demolition, alteration or repair, of any building other than between
7:00 a.m. and 6:00 p.m. on weekdays, except in case of an urgent necessity
in the interest of public safety and then only with a permit from the Building
Inspector, which permit may be renewed for a period of three days or less
while the emergency continues.
E.
Noise near schools, other institutions. The creation
of any excessive noise on any street adjacent to any school, institution of
learning or court while the same is in session, or adjacent to any hospital,
which unreasonably interferes with the workings of such institutions, provided
conspicuous signs are displayed in such streets indicating that the same is
a school, hospital or court street.
F.
Loading, unloading. The creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening and
destruction of bales, boxes, crates and containers.
G.
Hawking, peddling. The shouting and crying of peddlers,
hawkers and vendors which disturbs the peace and quiet of the neighborhood.
H.
Drums, loudspeakers, similar devices. The use of a drum,
loudspeaker or any other sound-producing instrument or device for the purpose
of attracting attention to any performance, show or sale or display of merchandise
by the creation of noise, except where authorized by special permit to be
issued by the Commissioner of Public Safety, who shall make reasonable rules
and regulations therefor.
I.
Noise in conduct of business. The creation of any unnecessary
noise in the operation, conduct and/or maintenance of any business, factory,
plant, yard or manufacturing establishment, including excavating, blasting
(where permitted), grinding, breaking, crushing or processing of any substance
or materials.
Notice of the provisions of this chapter shall be posted at places and
locations in the town deemed necessary by the Town Board.
