LL #15-2013New York State Department of State
Division of Corporations, State Records and Uniform Commercial Code
One Commerce Plaza, 99 Washington Avenue
Albany, at 12231-0001
Local Law Filing
www.dos. state. nus/corps
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑County ❑City ❑X Town ❑Village
(Select one.)
of Wappinqer
Local Law No. 15
of the year 2013
A local law entitled "Local Law No. 15 of the Year 2013, Amending Chapter 166 of the Town of
(Insert Title)
Wappinger Code Known as the Noise Code."
Be it enacted by the Town Board of the
(Name of Legislative Body)
[]County []City ❑x Town ❑Village
(Select one.)
of Wappinger
(TEXT COMMENCES ON NEXT PAGE)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
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LOCAL LAW NO. OF THE YEAR 2013
A Local Law entitled "Local Law No. of the Year 2013, Amending Chapter 166 of the
Town of Wappinger Code known as the Noise Code."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section I: Title:
This Local Law shall be known and cited as Town of Wappinger, "Local Law No. of the
Year 2013, Amending Chapter 166 of the Town of Wappinger Code known as the `Noise
Code"'.
Section U: LeLyislative Intent:
After many years of discussion, debate and deliberation, the Town of Wappinger adopted a Noise
Control Law on June 24, 2013. At the Public Hearing, and after the Local Law had been introduced,
representatives of a garbage hauling business have provided information that supported a change in
the hours of exemption as applied to the garbage hauling business. Specifically, it was
recommended that by slightly increasing the hours of exemption it would greatly facilitate servicing
of industrial, institutional and commercial properties and also alleviate potential conflicts and traffic
congestion generated by school buses leaving in the early morning as well as other early morning
traffic. Accordingly, the Town Board has agreed to amend the exemption afforded to the garbage
hauling business as hereinafter provided.
Section III: Amendment to Chapter 166: "Noise":
Chapter 166 "Noise", Section 5. I. "Exemptions" sub -section I. shall be amended to read as
follows:
"§ 166-5. I. Sound generated by garbage trucks as follows:
1. on weekdays between 5:00 A.M. and 10:00 P.M. when servicing of property used for
commercial, industrial, governmental, educational purposes and for multi -family
residential developments containing four or more units;
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2. on weekdays between 5:30 A.M. and 10:00 P.M. when servicing of properties in one
and/or two family residential zoning districts;
3. on weekends and legal holidays between 6:00 A.M. and 10:00 P.M.;
4. loaded garbage trucks shall perform compacting operations in areas without residences;
and
5. whenever an area contains a mix of different uses, the most restrictive standard shall
apply."
Section IV: Ratification:
Except as herein modified and amended, Chapter 166 of the Town of Wappinger Code,
"Noise" is hereby ratified and reconfirmed.
Section V: Separability:
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to
any person or circumstance, such illegality, invalidity, or unconstitutionality, or
inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences,
subsections, words or parts of this local law or their application to other persons or
circumstances. It is hereby declared to be the legislative intent of the Town Board of the
Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or
unconstitutional provision, clause, sentence, subsection, word or part had not been included
therein, and if such person or circumstance to which the Local Law or part thereof is held
inapplicable had been specifically exempt therefrom.
Section VI: Numbering for Codification:
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of
this Local Law shall be included in the Code of the Town of Wappinger; that the sections
and sub -sections of this Local Law may be re -numbered or re -lettered by the Codifier to
accomplish such intention; the Codifier shall make no substantive changes to this Local
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Law; the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate
word as required for codification; and any such rearranging of the numbering and editing
shall not affect the validity of this Local Law or the provisions of the Code affected thereby.
Section VII: Effective Date:
This Local Law shall become effective immediately upon filing with the Secretary of State as
provided by law Municipal Home Rule Law.
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(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
1 hereby certify that the local law annexed hereto, designated as local law No. 5 of 2013 of
the i?O0WQ9git XT-own)MMD ), of Wappinger was duly passed by the
Town Board on November 25, 2013 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
on
on
(Elective Chief Executive Officer*)
20m, in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No
the (County)(City)(Town)(Village) of
on
and was deemed duly adopted
of 20 of
was duly passed by the
20 , and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20
(Elective Chief Executive Officer*)
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general)(special)(annual) election held on
20 , in accordance with the applicable provisions of law.
4, (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
on
(Elective Chief Executive Officer*)
20
was duly passed by the
, and was (approved)(not approved)
on 20 Such local
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 , in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there
be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is
vested with the power to approve or veto local laws or ordinances.
DOS -0239 -f -I (Rev. 06/12) Page 3 of 4
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a.majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, d as fn dopte in the manner indicated in
paragraph 1 above.
Clerk of -ft county lq§Alatiody, City, Town or Village Clerk or
officer designated b cal egislative body
(Seal). Date: /;t -I a- " J3
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