[HISTORY: Adopted by the Town Board of the Town of Monroe 12-9-1991
by L.L. No. 6, 1991. Amendments noted where applicable.]
§ 33A-1 Findings.
§ 33A-2 Definitions.
§ 33A-3 Prohibited acts.
§ 33A-4 Exceptions.
§ 33A-5 Variances.
§ 33A-6 Penalties for offenses.
§ 33A-7 Enforcement.
§ 33A-8 Construal of provisions.
§ 33A-9 Severability.
§ 33A-10 When effective.
§ 33A-1 Findings.
The Town Board finds that unreasonable noises, as that term is defined
herein, degrade the environment of the town to a degree which is harmful and
detrimental to the public health, safety and welfare of its inhabitants. Such
noises interfere with the comfortable enjoyment of life, property and recreation
and with the conduct and operation of business and industry. No one has the
right to create unreasonable noises as defined herein. Effective control and
elimination of unreasonable noises is essential to the furtherance of the
public health, safety and welfare of the town's inhabitants and to the
conduct of the normal pursuits of life, recreation, commerce and industrial
activity.
§ 33A-2 Definitions.
For the purpose of this chapter, the terms used herein are defined as
follows:
- CONSTRUCTION
- Any site preparation, assembly, erection, repair, alteration or similar action, but excluding demolition of buildings or structures.
- EMERGENCY
- Any occurrence or set of circumstances involving actual or imminent physical trauma or danger to human life or property damage which demands immediate action.
- EMERGENCY WORK
- Any work or action necessary to deliver essential services, including but not limited to repairing water, gas, electricity, telephone and sewer facilities and public transportation, removing fallen trees on public rights-of-way and abating life-threatening conditions.
- PERSON
- Any individual, corporation, company, association, society, firm, partnership, joint-stock company, the state or any political subdivision, agency or instrumentality of the state.
- PUBLIC RIGHT-OF-WAY
- Any street, avenue, boulevard, road, highway, sidewalk, alley or similar place that is owned or controlled by a governmental entity.
- PUBLIC SPACE
- Any real property or structures located thereon owned or controlled by a governmental entity.
- RESIDENTIAL AREA
- A group of residential properties and the abutting public rights-of-way and public spaces.
- RESIDENTIAL PROPERTY
- Any property used for human habitation.
- SOUND DEVICE
- Any apparatus or device for the making, reproduction or amplification of the human voice or other sounds.
- TOWN
- The Town of Monroe, Orange County, New York.
- A. Any airborne sound or series of sounds of such level and duration as to be or tend to be injurious to human health, safety or welfare or that would unreasonably interfere with the enjoyment of life or property.
- B. Any airborne sound or series of sounds that would endanger the safety or health of or disturb a reasonable person of normal sensitivities or endanger personal or real property.
- C. Any sound or series of sounds so unreasonably loud, noisy, offensive or disruptive as to cause public inconvenience, annoyance or alarm.
- VEHICLE
- Any carrier which is propelled or drawn on land or water by an engine or motor or other artificial or natural means of propulsion.
§ 33A-3 Prohibited acts.
A.
It shall be unlawful for any person to willfully make
or continue or cause to be made or continued any loud, unreasonable or unusual
noises which disturb the peace and quiet of any neighborhood or which cause
discomfort or annoyance to any reasonable person of normal sensitivities residing
in the area.
B.
The following acts are declared to be loud, unreasonable
or unusual noises in violation of this chapter:
(1)
The operation of any radio, electronic device or phonograph
or the use of any musical instrument in such a loud and unreasonable manner
or as to annoy or disturb the quiet, comfort or repose of the public.
(2)
The keeping of any animal or bird which, by making frequent
or long-continued noise, disturbs the comfort and repose of a reasonable person
of normal sensibilities in a residential area.
(3)
The use of any automobile, motorcycle, trail bike, minibike,
snowmobile, bus, vehicle, boat, truck, all-terrain vehicle, motor-driven equipment
or motor-driven vehicle or other type of water- or sea-going vessel in such
a manner as to create loud, unreasonable or unnatural grating, rattling or
other noise.
(4)
The blowing of any steam whistle attached to any stationary
boiler except to give notice of the time to begin and stop work or as a warning
of danger.
(5)
The discharge to the open air or the exhaust of any steam
engine, stationary internal-combustion engineer or motor vehicle engine except
through a muffler or other device which will effectively prevent loud or explosive
noises therefrom.
(6)
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., prevailing
time, weekdays and between the hours of 9:00 a.m. and 9:00 p.m., prevailing
time, Saturdays and Sundays, except in cases of urgent necessity in the interest
of public safety as determined by the Building Inspector or other applicable
laws in the Code of the Town of Monroe.
[Amended 9-21-1992 by L.L. No. 3,
1992]
(7)
The creation of any noise of unreasonable extent and
duration 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 that conspicuous
signs are displayed in such streets indicating that the same is a school,
hospital or court street.
(8)
The creation of a loud and excessive noise in connection
with the loading or unloading of any vehicle or the opening and destruction
of bails, crates and containers in such a manner as to create an unreasonable
noise of unreasonable extent and duration.
(9)
The shouting and crying of peddlers, hawkers and vendors
which unreasonably disturbs the peace and quiet of the neighborhood.
(10)
The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention to any sale or display of
merchandise by the creation of noise.
(11)
The sounding of any horn or signal device on any vehicle,
motorcycle, bus or other device except as a warning signal, pursuant to the
provisions of Subdivision 1 of § 375 of the Vehicle and Traffic
Law of the State of New York.
(12)
The use of any radio apparatus, loudspeaker, amplifier
or other electronic device attached thereto in such manner that the loudspeaker
shall cause the sound from such radio apparatus or amplifier to be projected
directly therefrom outside of any building or out-of-doors or the use of any
radio apparatus, loudspeaker or amplifier which is in any way fastened to
or connected with any outside wall or window in any building or structure
so that the sound therefrom is projected outside of such outside wall or window.
Nothing herein contained shall be construed to prevent the operation of a
radio apparatus or electronic device used in a reasonable manner by any person
within any building or structure, provided that said radio apparatus or loudspeaker
is not so arranged that such loudspeaker shall project the sound therefrom
directly outside of any building or out-of-doors.
(13)
The creation of any noise, including yelling, shouting
or hooting, which causes public inconvenience or alarm or disturbs the public's
peace, comfort or tranquillity.
§ 33A-4 Exceptions.
The following sounds shall not be deemed to be a violation of this chapter:
A.
Sounds created by church bells or chimps.
B.
Sounds created by any government agency by the use of
public warning devices.
C.
Sounds created by lawn mowers between the hours of 7:00
a.m. and 9:00 p.m., prevailing time, weekdays and between the hours of 9:00
a.m. and 9:00 p.m., prevailing time, Saturdays and Sundays.
[Amended 9-21-1992 by L.L. No. 3,
1992]
D.
Sounds created by public utilities in carrying out operations
of their franchises.
E.
Sounds connected with sporting events of any public or
private school or authorized carnival, fair, exhibition, parade or other such
events open to and frequented by the public at large allowed by permit of
the Town Board.
F.
Sounds on private property which do not carry beyond
the boundary lines of the property on which they are created.
G.
The use of loudspeakers in connection with voter registration
projects and, within 30 days prior to an election, the use of loudspeakers
in connection with election campaigns between 9:00 a.m. and 8:00 p.m., prevailing
time.
H.
Between the hours of 7:00 a.m. and 9:00 p.m., sounds
created in the exercise of any trade, industry, business or employment, provided
that it is not conducted in such a manner as to create any unreasonable, unnecessary
or unusual noise of an unreasonable extent and duration.
I.
Sounds created by snowblowers or other snow-removal devices
during hours that necessitate removal of snow; provided, however, that the
operation of such devices is conducted in a reasonable manner and for a reasonable
extent of time.
[Added 9-21-1992 by L.L. No. 3,
1992]
§ 33A-5 Variances.
A.
The Zoning Board of Appeals of the Town of Monroe shall
have the authority, consistent with this section, to grant variances to this
chapter.
B.
Any person seeking a variance pursuant to this section
shall file an application with the town. The application shall consist of
a sworn statement by the applicant. Such statement shall contain information
which demonstrates that bringing the source of sound or activity for which
the variance is sought into compliance with this chapter would constitute
an unreasonable hardship on the applicant, on the community or on other persons.
In addition, the following information shall be provided:
(1)
The plans, specifications or other information pertinent
to such sources of noise.
(2)
The characteristics of the sound emitted by the source,
including but not limited to the sound levels, the presence of impulsive sounds
and the hours during which such sound is generated.
(3)
The noise abatement and control methods used to restrict
the emission of sound.
C.
The Zoning Board of Appeals, upon receipt of such application
and upon payment of any fee which shall be required by resolution of the Town
Board, shall set the matter down for a public hearing to be held within 30
days from the date the application is submitted. The Zoning Board of Appeals
shall cause publication of such public hearing to be given in the official
newspaper of the town in the same manner as a hearing before the Zoning Board
of Appeals is published. The applicant, in like manner, shall give notice
of the application by certified mail in the same manner that a hearing before
the Zoning Board of Appeals is noticed.
D.
In determining whether to grant or deny the application,
the Zoning Board of Appeals shall balance the hardship to the applicant, the
community and other persons of not granting the variance against the adverse
impact on the health, safety and welfare of persons affected, the adverse
impact on the property affected and other adverse impacts of granting the
variance.
E.
The Zoning Board of Appeals may require the taking of
sound level readings, at the applicant's expense, in the event that there
shall be any dispute as to the sound levels prevailing or to prevail at the
sound source site.
F.
The Zoning Board of Appeals shall have the power to impose
restrictions, conditions and the recording of covenants upon any sound source
site, including time limits on permitted activity in the event that it shall
grant any variance hereunder.
G.
Any persons or persons jointly or severally aggrieved
by any decision of the Zoning Board of Appeals shall have the right to apply
to the Supreme Court for review in accordance with § 267 of the
Town Law.
H.
The Zoning Board of Appeals shall have the right to revoke
any variance where the beneficiary of the same is found to be in violation
of any condition upon which the variance was granted.
§ 33A-6 Penalties for offenses.
Any person violating any provision of this chapter shall be fined not
less than $50 nor more than $250 for each offense, and a separate offense
shall be deemed committed on each day during or on which a violation occurs
or continues. The imposition of penalties herein prescribed shall not preclude
the town from instituting appropriate legal action or proceedings to prevent
or enjoining any violation of this chapter.
§ 33A-7 Enforcement.
Any person injured or aggrieved by a violation of this chapter may file
any information or other accusatory instrument with the Monroe Justice Court
or such other court as may have jurisdiction.
§ 33A-8 Construal of provisions.
No provision of this chapter shall be construed to impair any common
law or statutory cause of action or legal remedy therefrom of any person for
injury or damage arising from any violation of this chapter.
§ 33A-9 Severability.
In the event that a court of law determines that any provision of this
chapter is unenforceable, then only that provision shall be affected and any
and all other provisions shall be fully enforceable.
§ 33A-10 When effective.
This chapter shall take effect in accordance with the relevant provisions
of the Municipal Home Rule Law.