Town of Islip v. Vollbracht's Dairy, Inc.

The defendant is charged in two separate complaints with violations of subdivision L of section 35-2 of the Islip Town Code, the anti-noise ordinance.

Defendant moves to dismiss the accusatory instruments on the grounds that the ordinance in question is unconstitutionally vague and indefinite.

Subdivision L of section 35-2 of the Islip Town Code reads as follows:

“ The following acts, among others, are declared to be loud, disturbing, unusual, unreasonable and unnecessary noises in violation of this ordinance, but any enumeration herein shall not be deemed to be exclusive: * * *

1 L. The…