No person shall make, continue or cause or permit
to be made, verbally or mechanically, any unnecessary noise. An "unnecessary
noise" shall mean any excessive or unusually loud sound or any sound
which either annoys, disturbs, injuries or endangers the comfort,
repose, health, peace or safety of a considerable number of persons
or which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether unnecessary noise
exists include, but are not limited to, the following:
A.
The volume of the noise.
B.
The intensity of the noise.
C.
Whether the nature of the noise is usual or unusual.
D.
Whether the origin of the noise is natural or unnatural.
E.
The volume and intensity of the background noise,
if any.
F.
The proximity of the noise to residential sleeping
facilities.
G.
The nature and the zoning district of the area within
which the noise emanates.
H.
The time of day or night the noise occurs.
I.
The time duration of the noise.
J.
Whether the sound source is temporary.
K.
Whether the noise is continuous or impulsive.
L.
The presence of discrete tones.
M.
The reasonably
determined adverse effect the noise has upon persons within the audile
area around the source of the noise.
[Added 1-11-2011]
The following acts and the causing thereof are
declared to be in violation of this chapter.
A.
Sound-reproduction devices.
(1)
No person shall operate or use or cause to be operated
a sound-reproduction device that produces unnecessary noise.
(2)
No person shall operate or use or cause to be operated
any sound-reproduction device for commercial or business advertising
purposes or for the purpose of attracting attention to any performance,
show or sale or display of merchandise in connection with any commercial
operation, in front or outside of any building, place or premises
abutting on or adjacent to a public street, park or place or in or
upon any vehicle operated, standing or being in or on any public street,
park or place or in or upon any vehicle operated, standing or being
in or on any public street, park or place. Nothing in this subsection
is intended to prohibit incidental sounds emanating from sporting,
entertainment or other public events.
(3)
No person shall operate or use any sound-reproduction
device in any public place in such a manner that the sound emanating
is audible to other persons.
B.
Sound-signal devices. No person shall operate or cause
to be operated any sound-signal device, including but not limited
to any Klaxon, horn, whistle, bell, gong, drum or siren, so as to
create unnecessary noise except as required by the Vehicle and Traffic
Law of the State of New York.
D.
Burglar alarms. No person shall operate or cause to
be operated any audible burglar alarm or any motor vehicle burglar
alarm unless such alarm shall be capable of automatically terminating
operation within 15 minutes after such alarm is first activated. Any
member of the Police Department of the Town of Mount Pleasant shall
have the authority to take such steps as may be necessary to disconnect
such alarm at any time when such alarm is operating.
E.
Animals. No person shall keep, permit or maintain
any animal under his/her control to cause unnecessary noise across
a residential real property boundary.
F.
Shouting. No person shall shout, yell, call, hoot,
whistle or sing on public streets or in public places in such a manner
as to annoy any person.
G.
Containers and construction material. No person shall
load, unload, handle, transport, open, close or destroy any containers
or construction material in such a manner as to create unnecessary
noise.
H.
Squealing tires. No person shall operate a vehicle
in such a manner as to cause unnecessary noise by spinning or squealing
the tires of such vehicle.
I.
Exhausts. No person shall cause or permit the discharge
into the open air exhaust of any device, including but not limited
to any steam engine, diesel engine, internal combustion engine or
turbine engine, so as to create unnecessary noise.
J.
Domestic power tools and equipment. No person shall
operate or permit to be operated any power tool or equipment, including
but not limited to saws, sanders, drills, grinders, lawn or garden
tools, mowers, tractors, chain saws, leaf blowers or gatherers or
similar devices, when used outdoors in a residentially zoned district
during the hours of 10:00 p.m. to 8:00 a.m., so as to create unnecessary
noise.
K.
Modification of noise-control devices. No person shall
operate or permit to be operated any device that has been modified
so as to catch the sound emitted to be greater than that emitted by
such device as originally manufactured.