SECTION 1: TITLE & APPLICATION - This Local Law shall be known as “Local Law Number 3 of 2007”. This Local Law hereby repeals any prior Town of Caroline Local Law or Ordinance that is inconsistent herewith.

SECTION 2: PURPOSE – The purpose of this Local Law is to preserve the public health, peace, comfort, repose, welfare, safety and good order with respect to the making, creation, or maintenance of excessive, unnecessary, unnatural or unusually loud noises which are prolonged, unusual or unnatural in their time, place, or which are detrimental to the environment or to public health, peace and weal. The public is entitled to an environment free from deleterious effects of excessive, unnecessary, unnatural or unusually loud noises, and this Local Law proposes to allow harmonious coexistence in a manner that is mutually respectful of the interests, rights and obligations of all Persons.

SECTION 3: CONSTRUCTION – This Local Law shall be construed as follows: (i) any term in the singular includes the plural, and vice versa; and (ii) any term in the masculine includes the feminine and neuter and vice versa; and (iii) any rule or regulation relating to any act covers the causing, procuring, aiding or abetting, directly or indirectly, of that act, including allowing a minor child to do that act; and (iv) no provision herein shall make unlawful any act necessarily performed by any officer or employee of the Town in the line of duty or work; and (v) this Local Law is in addition and supplementary to all municipal, state and federal laws and ordinances; and (vi) subject and paragraph headings are for convenience only and shall not be used or construed to define or limit the meaning or application of any text thereunder; and (vii) this Local Law does not impair or supersede any state, county or local dog control laws, rules or regulations (see e.g., Town of Caroline Local Law Number 1 of 2003), nor the laws and regulations pertaining to motor vehicle noise (see e.g., New York State Vehicle and Traffic Law Sections 375(31), 375(31-a), 381 and 386).

SECTION 4: DEFINITIONS – Capitalized terms used in this Local Law shall have the meanings set forth below:

A. “CEO” shall mean the Town’s Code Enforcement Officer, or his designee(s).

B. “Enforcement Officer” shall mean (i) any New York State or Federal peace or police officers with jurisdiction in the Town, or (ii) the CEO, or (iii) any Person so appointed by the Town Board.

C. “Excessive Noise” shall mean any excessive or unusually loud noise or sound that annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, or which causes injury to animal life or damage to property (i) during the hours of 7 am until 10 pm at a line-of-sight distance of 300 feet (Daytime), and/or (ii) during the hours of 10 pm until 7 am at a distance of 150 feet (Night time). All distances shall be measured from the perceived or actual noise source. Factors to be considered in determining whether Excessive Noise exists in a given situation include, but are not limited to, any or all of the following: the intensity of the noise; the duration of the noise; the intensity of the background noise, if any; the time of the day or night the noise occurs; the proximity of the noise to sleeping facilities; whether the noise is continuous or impulsive; the existence of complaints concerning the noise from one or more Persons who are affected by the noise; whether the nature of the noise is usual or unusual; and/or whether the noise is naturally occurring or caused by human activity.

D. “Owner” means (i) the title owner or lessee of any motor vehicle, and/or (ii) as to land and buildings, the title owner, renter, occupant, or lessee.

E. “Permit” means the possession of a lawfully issued permit under this Local Law based upon accurate and truthful information supplied by any Person or applicant.

F. “Person” means any individual, corporation, limited liability company, partnership, collective, group, or entity of any type or nature.

G. “Plainly Audible” shall mean any noise that can be detected by a person of normal hearing abilities, using his or her unaided hearing faculties.

H. “Planning Board” means the Planning Board of the Town of Caroline.

I. “Town” means the Town of Caroline, New York, and, as applicable in context, each and all of its elected officials, public officers, public officials, employees, agents and contractors.

J. “Town Board” means the Town Board of the Town of Caroline.

K. “Variance” means the possession of a lawfully issued variance under this Local Law based upon accurate and truthful information supplied by any Person or applicant.

SECTION 5: EXCESSIVE NOISE PROHIBITED – It is a violation of this Local Law for any Person to cause public inconvenience, annoyance, or alarm, or recklessly create a risk thereof, by permitting, making, creating, causing, transmitting, amplifying, or processing Excessive Noise, or by assisting with the same.

SECTION 6: EXEMPTIONS, PERMITS AND VARIANCES – The following processes and procedures apply to exemptions, Permits, and Variances:

A. EXEMPTIONS: The following activities are exempt, to the extent stated as applicable below, from this Local Law:

1. REASONABLE FARMING PRACTICES: In accordance with the Town’s Right to Farm Local Law, Local Law Number 1 of 1999, and Articles 25-A and 25-AA of the New York State Agriculture & Markets Law, the provisions of this Local Law shall not apply to the reasonable use of tools, equipment and vehicles commonly understood to be farm tools, equipment and machinery in use for agricultural purposes.

2. POWER TOOLS, BUILDING CONSTRUCTION AND PROPERTY MAINTENANCE: The operation of any mechanically powered saw, drill, grinder, lawn mower, lawn or garden tool, chainsaw, leaf blower, or similar machine or tool is exempt from this Local Law when lawfully and reasonably operated between the hours between 7 AM and 10 PM.

3. EXCAVATION AND DEMOLITION: Operating or causing the operation of any machines or tools used in excavation, drilling, repair, alteration or demolition work are exempt from this Local Law when lawfully and reasonably operated between the hours between 7 AM and 10 PM.

4. MINING AND MINERAL EXTRACTION: Conducting mining and extraction operations are exempt when done pursuant to a New York State permit and such operations are lawfully and reasonably operated during reasonable hours in compliance with any such mining permit.

5. CERTAIN LAW ENFORCEMENT AND EMERGENCY ACTIVITIES: Excessive Noise emanating from or relating to the following are exempt from the provisions of this Local Law:

a. The lawful use or operation of emergency vehicles, emergency personnel, and emergency activities;

b. Activities relating to the operation of hospitals, clinics, and related medical facilities;

c. State and municipal maintenance, repair and remediation activities;

d. Police and fire fighting activities;

e. Any activities of the armed forces or any federal, state or local emergency administrative personnel or equipment.

6. CERTAIN TOWN ACTIVITIES: Any temporary noise generated by activities deemed to be essential to the public health, safety, welfare, or interests by the Town.

7. CERTAIN FIREARMS: The lawful discharge of firearms during applicable hunting seasons while in the lawful pursuit or harvest of lawful game animals is exempt, so long as those engaged in such activities are licensed by the New York State DEC to hunt, pursue and/or harvest such game animals.

8. SNOW REMOVAL AND STORM DEBRIS: The reasonable use of snow blowers, snow plows, and other snow removal equipment, or the use of power equipment or vehicles necessary for emergency repairs or debris removal, including temporary power generation, due to severe weather or other emergency.

B. PERMITS: Permits are available for temporary events and uses that may or will generate Excessive Noise.

1. Application for a Permit shall be made upon forms as generated by the CEO. Applications shall be submitted to the CEO who may grant such Permit, deny such Permit, or grant such Permit with conditions. The information submitted by any Person seeking a Permit shall, at a minimum, include the following:

a. The name, address and telephone number of each applicant and the name of the organizers or sponsoring organizations, if any.

b. The date, hours, duration and beginning and ending locations and times for the proposed event or issue requiring a Permit.

c. The nature and purpose of the event.

d.Whether amplification of sound or voice is to be made, the method(s) by which such amplification(s) will be made (bullhorns, voice projection cones, amplifiers, etc.) and the anticipated decibel level to be created by such amplification method(s).

e. A written statement from the Owner of any property upon which the event(s) will occur demonstrating and/or providing (i) a lease, permission, or a license to so use such property during the duration of the event, and (ii) a grant and license to the Town and any Enforcement Officer to enter upon the premises at any time to inspect for compliance with this Local Law, including all pertinent times both before and after the event.

f. An application fee in an amount as the Town Board may, from time to time, establish by Resolution.

g. Any other information required by the Permit application form or the CEO.

2. In granting or denying a Permit, the CEO shall take the following factors into consideration:

a. Whether a Sheriff’s, DOT or other state or county permit is required and has been obtained.

b. The proximity of the event to established residential areas, recreational areas, nursing homes or other medical facilities, firehouses, schools, or unique natural areas, or main access routes thereto.

c. The potential for Excessive Noise, nuisance, or other adverse effects upon any nearby residents or businesses, or any adverse impacts upon flora, fauna and the environment, and any attempts to limit or mitigate such effects or such Excessive Noise.

3. The CEO, before issuing any Permit, may seek advice from any or all of the following Persons: (i) the Tompkins County Sheriff’s Department; (ii) the New York State Police; (iii) the Town; (iv) any Persons potentially affected by the proposed Permit; (v) any neighboring municipality or county; and/or (vi) any consultant or expert.

4. In the event the CEO approves an application for a Permit, the Permit shall be issued unless the approval was made subject to the satisfaction of certain prior conditions. Then and in such event, the CEO shall issue a permit only after said prior conditions have been met and/or complied with. All permits issues shall state that the CEO, and his designees, shall have the right to enter and inspect premises and events at any time.

5. No Permit may be issued, or is valid, for more than 30 days from the date of issuance.

6. If any applicant is aggrieved by the denial of a Permit, or the placement of conditions upon issuance of any Permit, such Person may appeal such determination of the CEO to the Planning Board, and then to the Town Board, pursuant to the following procedures:

a. An appeal to the Planning Board shall be filed within 10 days of the filing of the determination of the CEO. Upon receipt of such appeal, the Planning Board shall hold a hearing within 30 days and, after a review of all evidence, shall affirm, modify or annul the action of the Enforcement Officer. Such determination must be made and filed with the Town Clerk within 10 days of the hearing. The Person filing the appeal shall be notified of the hearing in person or by certified mail at least 5 days prior to the hearing.

b. If any applicant is aggrieved by the determination of the Planning Board, such applicant may appeal such determination to the Town Board. Such appeal must be filed within 10 days of filing of the determination of the Planning Board with the Town Clerk. Upon receipt of such appeal, the Town Board shall hold a hearing within 30 days and, after a review of all evidence, shall affirm, modify or annul the action of the Planning Board. Such determination must be made and filed with the Town Clerk within 10 days of the hearing. The Person filing the appeal shall be notified of the hearing in person or by certified mail at least 5 days prior to the hearing.

c. No determination shall be or be deemed a final determination until after the administrative appeals process has been completed.

C. VARIANCES: Any Person may apply for a variance from the terms, conditions, and requirements of this Local Law so as to allow for additional time to come into compliance with this Local Law.

1. Such application shall be made to the Planning Board upon forms or with information and submissions as required by the Planning Board for such purpose. In considering a Variance application, the Planning Board (i) shall hold one or more public hearings, with due notice and publication thereof, and (ii) shall determine whether there are any environmental impacts in accord with SEQRA. Where the Planning Board finds that, due to special circumstances of the particular case, a Variance of certain provisions of this Local Law is justified then a Variance may be granted. No Variance shall be granted unless the Planning Board finds, and records in its Minutes, that:

a. Granting the Variance would be keeping with the intent and spirit of this Local Law, and is in the best interests of the community; and

b. There are special circumstances involved in the particular case, and such circumstances are recited in the Minutes; and

c. Denying the Variance would result in undue hardship to the applicant, provided that such hardship has not been self-imposed; and

d. The Variance is to the minimum degree necessary and does not interfere with the purposes of this Local Law; and

e. The applicant (i) has a feasible plan that the applicant intends to pursue that will result in compliance with the requirements of this Local Law within a reasonable period of time under the circumstances, or (ii) demonstrates by clear and convincing evidence that compliance with this Local Law is impossible or not feasible, and the applicant has or will take such steps as may be deemed necessary or reasonable to minimize any impacts of any Excessive Noise; and

f. The applicant (i) has complied with any prior Variances, and (ii) has taken reasonable steps to minimize Excessive Noise, or mitigate the impacts thereof, and (iii) has not had an unreasonable number of prior Variances issued for the same or similar circumstances or for the same property; and

g. Noise levels occurring during the period of the Variance will not constitute a danger to public health or a public nuisance; and

h. The applicant has paid the Variance application fee as determined, from time to time, by Resolution of the Town board.

2. The Planning Board, before issuing any Variance, may seek advice from any or all of the following Persons: (i) the New York State Department of Health; (ii) the Tompkins County Health Department; (iii) any Fire Department or agency; (iv) the Tompkins County Sheriff’s Department; (v) the New York State Police; (vi) the Town; (vii) the New York State Department of Transportation; (viii) any Persons potentially affected by the proposed Permit; (ix) any neighboring municipality or county; and/or (x) any consultant or expert.

3. The Planning Board may state terms and conditions applicable to the Variance, including conditions precedent to the effectiveness or validity of the Variance. In the event the Planning Board approves the issuance of a Variance, the Variance shall be issued unless the approval was made subject to the satisfaction of certain prior conditions. Then and in such event, the Planning Board shall issue such Variance only after said prior conditions have been met and/or complied with.

4. No Variance may be granted for any period of time in excess of one year. At the expiration of such Variance, any Person may apply for a new Variance.

5. The Planning Board may revoke a Variance for reasonable cause should the Variance-holder fail to comply with any non-waived provision of this Local Law, or fail to comply with the requirements, terms and/or conditions stated in the Variance.

6. If the Applicant (or any Person holding a Variance) is aggrieved by the denial of the Variance, the conditions imposed upon the granting of a Variance, or the revocation of any Variance, the aggrieved Applicant or such Person may file an appeal thereof. Such appeal shall be filed with the Town Board, which shall hold a public hearing upon such matter within 60 days. The Town Board shall make and file its determination within 30 days of such public hearing, which determination may affirm, modify, reverse, or annul the decision of the Planning Board. The Person filing the appeal shall be notified of the hearing in person or by certified mail at least 5 days prior to the hearing.

7. No determination shall be or be deemed a final determination until after the administrative appeals process has been completed.

SECTION 7: EXCESSIVE NOISE DETERMINATIONS - Excessive Noise determinations may be made by an authorized Enforcement Officer or any Person using any of the standards specified in definition of Excessive Noise above. The distance determination methods specified in this Local Law recognize that noise levels can diminish with distance. Thus, if a noise is Plainly Audible at or beyond the determination distances specified, then the noise is and shall be deemed Excessive Noise at closer distances. To determine if a violation has occurred an Enforcement Officer, and any complaining Person, shall position himself at or beyond the specified distance to determine if the noise constitutes Excessive Noise. Any Person or Enforcement Officer may allege a violation of this Local Law by any Person.

SECTION 8: OWNER AND LESSEE LIABILITY - If the Person(s) responsible for a violation of this Local Law cannot be determined, the Owner (except for owners of public highways and other publicly owned facilities) of the property or vehicle from which Excessive Noise emanates shall be deemed guilty of a violation of this Local Law, whether or not such Owner was on or occupied the premises or vehicle when the proscribed sounds emanated from the same. It shall be a defense for the Owner to allege and prove that the Person who permitted, made, created, caused, transmitted, amplified, or processed any Excessive Noise was a trespasser or other unlawful user of the property or vehicle.

SECTION 9: ADMINISTRATION AND ENFORCEMENT – This Local Law shall be enforced by any one or more Enforcement Officers, and the following terms, requirements and procedures apply to the administration and enforcement of this Local Law:

A. Enforcement Officers may make and perform inspections of (i) each and every property or premises where any Excessive Noise is generated or transmitted, and (ii) any property, premises, or operations that is the subject of any existing or proposed Permit or Variance.

B. Any Person who shall fail to comply with the requirements of this Local Law shall be and be deemed in violation of this Local Law. Such violation may be prosecuted criminally or civilly by the Town or the District Attorney of Tompkins County, or either of their designees, and in the sole discretion of the Town or the said District Attorney (or their designee), without liability or recourse therefor. If a criminal prosecution is pursued, a violation of the requirements of this Local Law shall be and be deemed an unclassified misdemeanor, and all provisions of New York law generally applicable to misdemeanors shall apply to any such criminal proceeding. The following civil and criminal fines and penalties shall apply to any violation of the requirements or terms of this Local Law:

1. Any Person that violates any of the provisions of this Local Law shall be (i) guilty of an unclassified misdemeanor and subject to a criminal fine of not less than $50.00 nor more than $150.00, and/or (ii) subject to a civil penalty of not less than $50.00 nor more than $250.00 to be recovered by the Town in a civil action; and

2. Any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any other violation of this Local Law shall be deemed a second violation. Any Person that commits any second violation shall be (i) guilty of an unclassified misdemeanor and subject to a fine of not less than $100.00 nor more than $400.00, and/or (ii) subject to a civil penalty of not less than $200.00 nor more than $750.00 to be recovered by the Town in a civil action; and

3. Any violation that is found to have occurred within 2 years of any prior civil or criminal determination of any second violation of this Local Law shall be deemed a third or subsequent violation, as applicable. Any Person who commits a third or subsequent violation of this Local Law shall be (i) guilty of an unclassified misdemeanor and subject to a fine not less than $300.00 nor more than $1,000.00 and/or a period of incarceration not to exceed 90 days, and/or (ii) subject to a civil penalty of not less than $300.00 nor more than $2,000.00 to be recovered by the Town in a civil action.

4. Each week that any violation occurs or continues shall be and be deemed a separate civil and/or criminal violation under this Local Law.

5. Each and all remedies and rights provided to the Town under this Local Law shall be cumulative. The Town’s pursuit of any one right or remedy does not effect a waiver or an election of remedies, and the Town may thereafter pursue or continue to pursue any other right or remedy it may have in law, equity, or admiralty. The Town may also maintain actions or proceedings in the name of the Town in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any provision or requirement of this Local Law. In any such action, the Town may also seek damages for any expenses incurred to enforce this Local Law, including, but not limited to experts’, engineers’ and attorneys’ fees.

6. Any violation of this Local Law may be deemed and declared a nuisance by the Town or any court or tribunal of competent jurisdiction, public or private, and may be enjoined as such.

C. A transfer of title (or any interests therein) in any premises or property, real or personal, by any Owner or lessee shall be no defense to any proceeding under this Local Law. No assignment of any obligations imposed by this Local Law shall be a defense to any proceeding under this Local Law.

D. No provision of this Local Law shall be construed to supersede or impair any common law, equitable or statutory right or remedy of any Person impacted by Excessive Noise.

SECTION 10: ARTICLE 78 - The determinations of the Town Board referred to in this Local Law shall be deemed “final determinations” for purposes of Article 78 of the New York Civil Practice Laws and Rules, but only after the exhaustion of any administrative remedies or appeals as provided for in this Local Law.

SECTION 11: LIMITATION OF LIABILITY - The Town shall not be liable or responsible for any injury to Persons or damage to property due to the Town’s actions or failures to act under or pursuant to this Local Law, unless it is proven to a reasonable degree of certainty that such injury or damage was solely caused by a willful or intentional act of the Town. Such limitation includes, but is not limited to, any and all claims that injury, damage, loss or liability was caused or contributed to in whole or in part by the issuance or non-issuance of any Permit or Variance, or the alleged or actual failure to impose or not impose any certain conditions, or the alleged or actual failure to verify or monitor compliance or non-compliance with this Local Law or any Permit or Variance issued hereunder.

SECTION 12: SEVERABILITY - If any clause, sentence, paragraph, or section of this Local Law shall be adjudged by any court or tribunal of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or article thereof directly involved in the controversy in which such judgment shall have been rendered, and the balance of this Local Law shall survive such invalidity or unenforceability.

SECTION13. EFFECTIVE DATE - The Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Municipal Home Rule Law § 27.