Stamford Proposes Excessive Noise Law

HOBART  – A public hearing is set for March 11 at 5:45 p.m. in the Stamford Town Hall, located at 101 Maple Ave., in Hobart on a proposed noise law for the town. Residents living near an event venue asked the town to consider the law, due to loud music and fireworks well into the night and wee hours of morning.

Law enforcement is unable to take any action without a governing law and members of the Stamford Town Board approved a motion at their February meeting to hold a public meeting and propose the new law.

The proposed law is fashioned after the noise law for the town of Kortright and it exempts farming operations, according to Stamford Supervisor John Kosier.

The purpose of the law is to preserve the public health, welfare, peace and good order by suppressing the making or creation of unnecessary, unnatural or unusual loud noises which are prolonged or abnormal in their timing, place, and use and which are detrimental to others and the environment.

It is recognized that people have the right to an environment free from excessive noise that may jeopardize their safety or welfare or degrade the quality of life. This ordinance is enacted to protect, preserve and promote the health, safety, welfare, or not degrade the quality of life for citizens of the Town of Stamford through the reduction, control, and or prevention of excessive noise.

The law will affect the owner, or lessee of premises at which is the source of noise, provided that the lessee or an  employee or agent or promoter of an owner or lessee is present on that part of the premises where the noise is produced when the noise violation occurs.

What is defined as unreasonable noise may include:  The volume, intensity, and duration of the noise; the ambient or background noise; Whether the noise occurs at a time when residents in the vicinity are likely to be sleeping, which shall be presumed to be between 10 p.m. and 6 a.m.  Sunday to Saturday.

; Whether the noise occurs in the vicinity of a school, court, house of worship, public library, hospital, or nursing home and disturbs persons using or residing in such facilities; Whether the person making or responsible for the noise might reasonably expect that the noise would be plainly audible to a person outside the boundaries of the property or the dwelling where the noise is created.

Exemptions to the law include: church bells, parades, concerts or other community gathering, non-commercial public speaking and public assembly activities conducted in a public place, use of domestic power tools or equipment for property repairs or improvement. Snow removal equipment, agricultural activities recognized by the Ag and Markets Law, and discharge of firearms for the purpose of hunting.

Fines are $250 for the first day and $250 per day of continued violation. Those committing subsequent offense within 12 months of the previous conviction shall be fined $500 per day.

The law, if adopted, would allow law enforcement to enforce the peace and quiet.