Dickie Bobcat! Part II
Below is the copy of a message sent to the Town Supervisor, all Town Councilmembers, the Chief of Police and the Town Justice:
Good Morning!
My apologies for a "mass" message, however, at this point, I do not know where to turn and am hoping for this note to fall on a sympathetic ear.
I am an Amherst resident, residing at #### Forest Edge Dr., in East Amherst. I live in a townhouse and belong to an association that is responsible for clearing the snow. Herein lies the problem. The association's contractor has been doing the work between the hours of 2:00 am and 6:00 am. The contractor uses two large tractors for this purpose. As you can imagine, this is very noisy. For years, I have complained to the association to no avail.
I recently became acquainted with the Town's Noise Ordinance (chapter 138).
According to the law (138-2 Definitions), my property is clearly residential.
According to the law (138-5 Prohibited acts), "The outdoor use or operation of any powered tool or equipment, including but not limited to saws, sanders, drills, grinders, lawn mowers or tractors, leaf blowers, snow blowers or any other garden tools or equipment, on property being used for residential purposes between the hours of 11:00 p.m. and 7:00 a.m. of the following day." The activity taking place is clearly prohibited.
According to the law (138-6 Exceptions), there is no exception for a private contractor even if they are performing a duty that is performed by a public utility in other parts of the town.
According to the law (138-7 Enforcement), the law is to be enforced by the Amherst Police.
Thus, after getting complete and thorough legal advice, I called the Police at 3:00 am on Wednesday, January 26th after being awoken by the tractors' noise. Officer Moore responded to the call, arriving at approximately 3:35 am. It was snowing and the tractors used by the association's contractor were in the vicinity working. Officer Moore recorded the complaint and understandably had to leave quickly as there was an accident on the 990.
I spoke with the Police and Officer Moore on Wednesday, January 26th at approximately 8:15 am. I was advised by Officer Moore that this is an issue that I need to resolve with the association.
However, I have a few unresolved questions:
1. If the complaint came from a resident of another, neighboring development, how would this be handled? I presume according to the law.
2. The law is seemingly clear, why can't I get enforcement?
3. An absurd, by illustrative question/demonstration: Am I not covered by the law, even though I reside inside the geographic boundaries of the Town of Amherst (138-3), and thus can disregard the law for my own purposes? And if I am, for that purpose covered by the law, then why can't I get enforcement for my complaint?
While I appreciate the attentiveness given to my complaint by Officer Moore and the Police, I still feel that I am due the protections of the law. Thus, where do I turn next? I feel that there has not been resolution to this matter.
I write you humbly, asking for your assistance to my problem.
Best regards,
skimikey
Good Morning!
My apologies for a "mass" message, however, at this point, I do not know where to turn and am hoping for this note to fall on a sympathetic ear.
I am an Amherst resident, residing at #### Forest Edge Dr., in East Amherst. I live in a townhouse and belong to an association that is responsible for clearing the snow. Herein lies the problem. The association's contractor has been doing the work between the hours of 2:00 am and 6:00 am. The contractor uses two large tractors for this purpose. As you can imagine, this is very noisy. For years, I have complained to the association to no avail.
I recently became acquainted with the Town's Noise Ordinance (chapter 138).
According to the law (138-2 Definitions), my property is clearly residential.
According to the law (138-5 Prohibited acts), "The outdoor use or operation of any powered tool or equipment, including but not limited to saws, sanders, drills, grinders, lawn mowers or tractors, leaf blowers, snow blowers or any other garden tools or equipment, on property being used for residential purposes between the hours of 11:00 p.m. and 7:00 a.m. of the following day." The activity taking place is clearly prohibited.
According to the law (138-6 Exceptions), there is no exception for a private contractor even if they are performing a duty that is performed by a public utility in other parts of the town.
According to the law (138-7 Enforcement), the law is to be enforced by the Amherst Police.
Thus, after getting complete and thorough legal advice, I called the Police at 3:00 am on Wednesday, January 26th after being awoken by the tractors' noise. Officer Moore responded to the call, arriving at approximately 3:35 am. It was snowing and the tractors used by the association's contractor were in the vicinity working. Officer Moore recorded the complaint and understandably had to leave quickly as there was an accident on the 990.
I spoke with the Police and Officer Moore on Wednesday, January 26th at approximately 8:15 am. I was advised by Officer Moore that this is an issue that I need to resolve with the association.
However, I have a few unresolved questions:
1. If the complaint came from a resident of another, neighboring development, how would this be handled? I presume according to the law.
2. The law is seemingly clear, why can't I get enforcement?
3. An absurd, by illustrative question/demonstration: Am I not covered by the law, even though I reside inside the geographic boundaries of the Town of Amherst (138-3), and thus can disregard the law for my own purposes? And if I am, for that purpose covered by the law, then why can't I get enforcement for my complaint?
While I appreciate the attentiveness given to my complaint by Officer Moore and the Police, I still feel that I am due the protections of the law. Thus, where do I turn next? I feel that there has not been resolution to this matter.
I write you humbly, asking for your assistance to my problem.
Best regards,
skimikey
posted by Skier at
11:34 AM
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