Town of
Herkimer County, NY

Local Law 1 of 2017 Prohibiting The Creating Or Maintaining of An Unnecessary Disturbance



A Local Law Prohibiting The Creating Or Maintaining Of An Unnecessary Disturbance

I.                                                                FINDINGS. The Danube Town Board finds that during what are

expected to be the most quiet and peaceful hours of the day individuals often experience noise from nearby properties that, to a reasonable person, would be annoying or alarming such as to adversely affect the enjoyment of a residence as a place of comfort, repose and tranquility. This Board determines that as a matter of health and welfare individuals should be protected against such occurrences. It is found further that the occurrence proscribed in this local law is neither addressed by any existing local law nor, apparently, by any provision of the Penal Law which, pursuant to more stringent requirements, protects the general interests of society rather than individuals personally. .

II                      INTENT.          It is the intent of this local law to protect at home'

individuals from unreasonable noises occurring on nearby properties the same as is commonly proscribed by law for noises such as lawn mowing during certain hours of the day, or the howling of dogs at any time of the day, while simultaneously protecting persons from being complained about by those who, to a reasonable person, are overly sensitive.

III.           PROHIBITION.               A person shall be guilty of the offense of
creating or maintaining an unnecessary disturbance when he, or she, during the hours of 11:00 PM and 6:00 AM, and after having received an unequivocal request from a permitted occupant at a nearby residence, fails to either cease the making of noise which is unreasonable under the circumstances or prohibit the making of such noise by a person, or persons, over which he, or she, has apparent supervisory control.

Creating Or Maintaining An Unnecessary Disturbance is a non-criminal offense and is deemed a Violation as defined in the Penal Law.

IV.          PENALTY. The penalty upon conviction of Creating Or Maintaining An Unnecessary Disturbance shall be a maximum fine of $500.00 or a maximum period of incarceration of fifteen (15) days, or both such fine and incarceration. Provided, however, that nothing herein shall preclude a court of competent jurisdiction from imposing a sentence of Conditional Discharge or Unconditional Discharge as defined in the Penal Law, or a disposition of Adjournment In Contemplation Of Dismissal as defined in the Criminal Procedure Law.

V.            EFFECT.             This local law shall take effect upon its filing with the
Secretary of State.