|
|
§ 1001. Policy.
It is hereby declared to be the policy of the Town Board to prevent
unreasonably loud, disturbing and unnecessary noise and to reduce noise
levels within the Town so as to preserve, protect and promote the public
health, safety and welfare and to foster convenience, peace and quiet
within the Town by the inhabitants and transients thereof. The Town
Board finds that every person is entitled to have maintained noise levels
which are not detrimental to life, health and the enjoyment of property
and that excessive and unnecessary noise within the Town of New Paltz
affects and is a menace to public health, safety, welfare and the comfort
of the people of the Town.
§ 1002. Definitions.
- All terminology used in this chapter, not defined below, shall
be in conformance with the applicable publications of the American
National Standards Institute (ANSI) or its successor body.
- As used in this chapter, the following terms shall have the
meanings indicated:
COMMERCIAL LAND USE CATEGORY — Commercial zoning districts as
defined in the Town of New Paltz Zoning Law. Editor's Note: See
Ch. 140, Zoning.
IMPULSIVE SOUND — Sound of short duration, usually less than
one second, with an abrupt onset and rapid decay. Examples of sources
of impulsive sound include but are not limited to explosions, drop
forge impacts, bird controlling devices (clackers) and the discharge
of firearms.
INDUSTRIAL AREA — Industrial zoning districts as defined in the
Town of New Paltz Zoning Law. Editor's Note: See Ch. 140, Zoning.
MOTORCYCLE — An unenclosed motor vehicle having a saddle for
the use of the operator and two or three wheels in contact with
the ground, including but not limited to motor scooters and minibikes.
MOTOR VEHICLE — Any vehicle which is propelled or drawn on land
by a motor, such as but not limited to passenger cars, trucks, trucktrailers,
semitrailers, campers, gocarts, snowmobiles, amphibious craft on
land, dune buggies or racing vehicles, but not including motorcycles.
MUFFLER or SOUNDDISSIPATIVE DEVICE — A device for abating the
sound of escaping gases of an internal combustion engine.
NOISE — Any sound which causes or tends to cause an adverse psychological
or physiological effect on humans.
NOISE DISTURBANCE — Any sound which endangers or injures the
safety of humans or animals or disturbs a reasonable person of normal
sensitivities.
PERSON — Any individual, association, partnership or corporation,
and includes any officer, employee, department agency or instrumentality
of a state or any political subdivision of a state.
PUBLIC RIGHTOFWAY — Any street, avenue, boulevard, highway,
sidewalk or alley or similar place which is owned or controlled
by a governmental entity.
PUBLIC SPACE — Any real property or structures which are owned
or controlled by a governmental entity.
REAL PROPERTY — An imaginary line along the ground surface, and
its vertical extension, which separates the real property owned
by one person from that owned by another person, but not including
intrabuilding real property divisions.
RESIDENTIAL AREA — Residential zoning districts as defined in
the Town of New Paltz Zoning Law. Editor's Note: See Ch. 140, Zoning.
SOUND — An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that cause compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including
duration, intensity and frequency.
WEEKDAY — Any day Monday through Friday which is not a legal
holiday.
WEEKEND — Any Saturday, Sunday or legal holiday.
Prohibited Noises
- General prohibition. Except as otherwise hereinafter provided,
it shall be unlawful within the limits of the Town of New Paltz
for any person to make, continue, aid, countenance, cause to be
made or assist in making any unreasonably loud, disturbing and unnecessary
noise on Sunday commencing at 8:00 p.m. and continuing through and
including Monday at 7:00 a.m. and during the same hours upon each
successive evening and morning of each successive day of the week
thereafter through and including Saturday at 7:00 a.m. and on Saturday
commencing at 8:00 p.m. and continuing through and including Sunday
at 9:00 a.m.; provided, however, that the foregoing hours shall
be extended until the hour of 9:00 am. on any day upon which there
is celebrated a legal holiday. Any noise which unreasonably interferes
with the sleep, comfort, repose, health or safety of others is prohibited
during the hours above mentioned.
- Specific prohibitions. The following acts are prohibited and
declared to be a violation of this section, said enumeration not
to be deemed exclusive:
- Radio, phonograph or musical instrument: the operation of
any radio, phonograph, soundproducing device or use of any
musical instrument in such a manner or with such volume as to
annoy or disturb the quiet, comfort, health, safety or repose
of persons in any dwelling, hotel or other type of residence.
- Animals and birds: the keeping, in any building or upon
any premises, of any animal, bird or fowl which produces and
creates noises of a degree and kind to disturb the comfort,
repose and quiet of neighbors or persons residing in the vicinity.
Persistent barking of dogs confined or chained on a premises
or dogs roaming free on or off the owner's premises shall be
a violation of this chapter. "Persistent barking" is defined
herein as the continuous or intermittent barking of a dog which
can be heard on other premises and which continues for a period
of more than one hour. The owners or occupants of the premises
shall be responsible to prevent the dog from barking or place
it in an area where its barking cannot be heard.
- Automobile, motorcycle or vehicle: the use of any automobile,
motorcycle, trail bike, minibike, snowmobile, bus or vehicle
so loaded or in such a manner as to create loud and unnecessary
grating, grinding, rattling or other noise.
- Steam whistle: the blowing of any steam whistle attached
to any stationary boiler, except to give notice of the time
to begin or stop work or as a warning of danger.
- Engine exhaust the discharge into the air of the exhaust
of any steam engine, stationary internal combustion engine or
motor vehicle engine, except through a muffler or other device
which will effectively prevent loud or explosive noises therefrom.
- Adjacent school, court or hospital: the creation of any
excessive noise on any street adjacent to any school, institution
of learning or court while the same is in session, or adjacent
to any hospital, which unreasonably interferes with the workings
of such institutions, provided that conspicuous signs are displayed
in such streets indicating that the same are school, hospital
or court streets.
- Loading and unloading vehicles: the creation of a loud and
excessive noise in connection with the loading or unloading
of any vehicle or the opening and destruction of bales. boxes,
crates and containers in such a manner as to create an unreasonable
or unnecessary noise of unreasonable extent and duration.
- Peddlers, hawkers and vendors: the shouting and crying of
peddlers, hawkers and vendors which disturbs the peace and quiet
of the neighborhood.
- Loudspeakers: the use of any drum, loudspeaker or other
instrument or device for the purpose of attracting attention
to any sale or display of merchandise by the creation of noise.
- Guns, firecrackers or combustible substances: the firing
or discharging of a gun, firecracker, gunpowder or other combustible
substance within the limits of the Town of New Paltz with the
intention and for the purpose of making noise or for the purpose
of attracting attention, except upon some special celebration
or occasion, in which latter event the permission of the Town
Board shall first be obtained and, if granted, shall indicate
specifically the date, time and place that such activity is
authorized.
- Sound trucks: the creation of any sound or noise from any
device known as a "sound truck" or motor vehicle containing
an amplifying system whereby sounds, music or words are transmitted
upon the public streets or highways of the Town of New Paltz,
unless specific permission therefore is obtained from the Town
Board, which such permit, if and when issued, shall indicate
the specific dates and times that the operation of such sound
truck or movable amplifying system shall be authorized. Horn
or signal: the sounding of any horn or signal device on any
vehicle, motorcycle, bus or other device except as a warning
signal, pursuant to the provisions of Subdivision 1 of § 375
of the Vehicle and Traffic Law of the State of New York.
- Radio apparatus, talking machine or loudspeaker: the use
of any radio apparatus, talking machine, loudspeaker or amplifier
attached thereto in such a manner that the loudspeaker shall
cause the sound from such radio apparatus or talking machine
to be projected directly therefrom outside of any building or
out of doors or the use of any radio apparatus, talking machine,
loudspeaker or amplifier which is in any way fastened to or
connected with any outside wall or window in any building or
structure so that the sound therefrom is projected outside of
such outside wall or window. Nothing herein contained shall
be construed to prevent the operation of a radio apparatus or
talking machine used in a reasonable manner by any person within
any building or structure, provided that said radio apparatus
or talking machine or loudspeaker is not so arranged that such
loudspeaker shall project the sound therefrom directly outside
of any building or out of doors.
- Demolition work: the erection, including excavation, demolition,
alteration or repair, of any building other than between 7:00
am. and 9:00 p.m., except in the case of urgent necessity in
the interest of public safety as determined by the applicable
laws in the Code of the Town of New Paltz. Construction work:
in the process of any building operations between the hours
of 8:00 p.m. and 7:00 a.m., to operate or use any pile driver,
steam shovel, pneumatic hammer, derrick, steam or electrical
hoist or other apparatus, the use of which is attended by loud
or unusual noise, except by authorization pursuant to a resolution
of the Town Board and then only granted in the event of an emergency.
- Sound device prohibitions: It shall be unlawful for any
person to use or operate, or cause to be used or operated, any
sound device or apparatus in, on, near or adjacent to any public
street, part or place for commercial or business advertising
purposes or for any person to operate or drive any automobile,
truck or other vehicle for commercial or business advertising
by means of any sound device or apparatus. The use of any trade,
business or corporate name or business advertising shall be
presumptive evidence that such advertising was conducted by
that person, business or corporation. Annoying sounds: the creation
of any noise which causes public inconvenience or alarm or disturbs
the public's peace, comfort or tranquility.
- Loudspeakers or amplifiers for advertising, the using, operating
or permitting to be placed, used or operated of any radio receiving
set, musical instrument phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing
of sound which is cast upon the public streets for the purpose
of commercial advertising or attracting the attention of the
public to any building or structure, except as otherwise permitted
by the Town of New Paltz.
- Yelling, shouting, etc.: yelling, shouting, hooting, whistling
or singing on the public streets, particularly between the hours
of 11:00 p.m. and 7:00 a.m. or at any time or place so as to
annoy or disturb the quiet, comfort or repose of persons in
any office or in any dwelling, hotel or other type of residence
or of any persons in the vicinity.
- Exhausts: the discharge into the open air of the exhaust
of any steam engine, stationary internal combustion engine,
motorboat or motor vehicle except through a muffler or other
device which will effectively prevent loud or explosive noises
therefrom.
- Schools, courts, churches or hospitals: the creation of
any excessive noise on any street adjacent to any school, institution
of learning, church or court while the same is in use or adjacent
to any hospital, which unreasonably interferes with the workings
of such institution or which disturbs or unduly annoys patients
in the hospital, provided that conspicuous signs are displayed
in such streets indicating that the same are school, hospital
or court streets.
- Domestic animals: the harboring, maintenance, ownership
or occupation, with the permission of a property owner or of
property owners, of domestic animals, including but not limited
to barking dogs, emitting excessive noises which annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety
of any resident or residents at any time within the Town.
§ 1004. Exceptions.
- The following sounds shall not be deemed to be a violation of
this chapter:
- Sounds created by church bells or chimes.
- Sounds created by any government agency by the use of public
warning devices.
- Sounds created by lawn mowers between the hours of 8:00
a.m.and 9:00 p.m. weekdays and 10:00 a.m. and 9:00 p.m. Sundays.
- Sounds created by public utilities in carrying out the operation
of their franchises.
- Sounds connected with sporting events or any public or private
school or authorized carnival, fair, exhibition, parade, etc.,
allowed by permit of the Town Board.
- Sounds on private property which do not carry beyond the
boundary lines of the property on which they are created.
- The use of loudspeakers in connection with voter registration
projects and, within 30 days prior to an election, the use of
loudspeakers in connection with election campaigns between 9:00
a.m. and 8:00 p.m. prevailing time.
- Between the hours of 6:00 a.m. and 9:00 p.m., sounds created
in the exercise of any trade, industry, business or employment,
provided that it is not conducted in such a manner as to create
any unreasonable or unnecessary noise of an unreasonable extent
and duration.
- Nothing contained in this chapter shall be construed to prevent
the production of music in connection with any military, civic or
authorized parade, funeral procession or religious ceremony nor
to prevent any musical performance conducted by consent of the Town
Board. The provisions of this chapter shall not apply to any authorized
motor vehicle.
§ 1005. Suspension of provisions for special occasions.
The Town Board is hereby authorized, by resolution, to suspend any
of the provisions of this chapter in connection with any holiday celebration
or upon any occasion of special public interest for such time and upon
such conditions as shall be prescribed by the Town Board.
§ 1006. Construal of terms.
The word "person," as used in this chapter, shall mean and include
one or more persons of either sex, natural persons, corporations, partnerships,
associations, jointstock and membership societies and all other entities
capable of being sued.
§ 1007. Penalties for offenses.
Any person committing an offense against any provision of this chapter
shall be guilty of a violation punishable by a fine not exceeding $250
or by imprisonment for a term not exceeding 15 days, or by both such
fine and imprisonment. The continuation of an offense against any provision
of this chapter shall constitute a separate and distinct offense hereunder
for each period of 24 hours the offense is continued.
§ 1008. Enforcement.
This chapter shall be administered and enforced by the Town of New
Paltz Police Department or any police department created by the Town
of New Paltz
|
