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§ 143­1. Short title; repealer.

This chapter shall be known and may be cited as the "Noise Control Law of the Village of New Paltz." The provisions of Chapter 68 of the Municipal Code, as enacted by Local Law No. 35 of the year 1978 and as amended by Local Law No. 6 of the year 1995, currently in effect, are hereby repealed.

§ 143­2. Declaration of policy.

1. It is hereby declared to be the policy of the Board of Trustees to prevent unreasonably loud, disturbing and unnecessary noise and to reduce noise level within the Village so as to preserve, protect and promote the public health within the Village of New Paltz by the inhabitants and transients thereof. The Board of Trustees 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 Village of New Paltz affects and is a menace to public health, safety, welfare and the comfort of the people of the Village.
2. This chapter shall be liberally construed so as to effectuate the purposes described in this section. Nothing herein shall be construed to abridge the emergency powers of any Village department or the right of such department to engage in any necessary or proper activities. Nothing herein shall abridge the powers and responsibilities of any police department or law enforcement agency to enforce the provisions of this chapter.

§ 143­3. Definitions.

EMERGENCY — Public calamity or the exposure of any person or property to imminent danger.

NOISE — Any sounds of such level and duration as to be or tend to be injurious to human health or welfare or that would unreasonably interfere with the enjoyment of life or property.

PERSON — Any individual, partnership, company, public or private corporation, association, firm, organization or any other legal entity whatsoever.

PROPERTY LINE — Either the imaginary line, including its vertical extension, that separates one parcel of real estate from another or the vertical and horizontal boundaries of a dwelling unit that is one in a multiple­ dwelling­unit building.

REFUSE COMPACTING VEHICLE — Any vehicle which is designated to be used or is actually used to compact and/or transfer refuse, garbage, recyclables or trash.

RESIDENTIAL DISTRICT — Any zoning district in which one­family detached dwellings or one­family and multifamily dwellings are permitted principal uses.

SOUND DEVICE OR APPARATUS — Any apparatus or device for the making, reproduction or amplification of the human voice or other sounds.

VEHICLE — Any carrier which is propelled or drawn on land or water by an engine or motor or other artificial or natural means of propulsion.

§ 143­4. Unreasonable noise prohibited.

The creation of any unreasonable noise is prohibited. Unreasonable noise shall be any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensibilities.

§ 143­5. Unreasonable noises enumerated.

1. Horns and signaling devices. The sounding of any horn or other signal device on any automobile, motorcycle, bus or any other vehicle while stationary, except as a danger signal when an approaching vehicle is apparently out of control or, if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended, the creation by means of any such signal device of any unreasonable loud or harsh sound or the sounding of any such device for an unnecessary period of time.
2. Noisy vehicles. No person shall:
   1. Use an automobile, motorcycle or other vehicle so out of repair, so loaded or in such a manner as to create loud, unreasonable grating, grinding, rattling or other noise;
   2. Operate any vehicle in such a manner as to cause unreasonable noise by spinning or squealing the tires or revving the motor of such vehicle; or
   3. Modify or cause to be modified the muffler, exhaust system or other noise­control device or any vehicle in a manner that will increase the noise emitted by such vehicle above that emitted by the vehicle when newly manufactured, regardless of the date of manufacture. The noise­control devices of any vehicle operated in the Village of New Paltz shall be maintained and in good working order. No person shall operate or permit to be operated a vehicle where the muffler, exhaust system or other noise control has been so modified or has not been maintained.
3. Discharge of exhaust. The discharge into the open air of the exhaust of any steam engine, stationary internal­combustion engine, motor vehicle or boat engine or motor, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
4. Construction, demolition and excavation. The erection (including excavating), demolition, alteration or repair of any building other than between 7:00 a.m. and 9:00 p.m. except in case of an urgent necessity in the interest of public safety and then only with a permit from the Village of New Paltz Building Inspector, which permit may be renewed for a period of three days or less while the emergency continues.
5. Noise near schools or other institutions. The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court, while the same is in session, which unreasonably interferes with the workings of such institutions.
6. Drums, loudspeakers and similar devices. The use of a drum, loudspeaker or any other sound­producing instrument or device for the purpose of attracting public attention by the creation of noise, except where authorized by special permit to be issued by the Board of Trustees.
7. Sound reproduction.
   1. No person shall operate, play or permit the operation or playing of any radio, television, phonograph, musical instrument, sound amplifier or similar device which produces, reproduces or amplifies sound so as to produce unreasonable noise at any time, except for activities open to the public or for the public benefit and for which permission has been granted by the Board of Trustees of the Village of New Paltz.
   2. Said sound reproduction shall be per se unreasonable if produced:
      1. In such a manner as to create noise that can be heard inside any residence located across any real property boundary lot line from the source of the noise, where all exterior doors and windows are closed;
      2. In such a manner that can be heard 50 feet from such device, when operated in or on a motor vehicle on a public highway or in a boat on public waters or by a person on public or private property; or
      3. In such a manner as to create noise when operated by any passenger on a common carrier.
8. Shouting. No person shall shout, yell, call, hoot, whistle or sing on public streets or in public places in such a manner and for such a period of time as to be unreasonable under the circumstances.
9. Noise from tools, machinery and heavy equipment in the construction, repair or alteration of property. The use of domestic or industrial tools, machinery and equipment of any kind on construction, repair or alteration of property and resulting in loud grinding, hammering, sawing and similar noise shall be prohibited between the hours of 9:00 p.m. and 7:00 a.m. the following day, if said noise can be heard inside any residence, where all exterior doors and windows of the residence are closed, or at any other time if said noise is unreasonable under the circumstances.
10. Noise in the conduct of any business. The creation of noise in the operation, conduct and/or maintenance of any business, factory, plant yard or manufacturing establishment (except as otherwise provided in this chapter), including but not limited to excavating, blasting, grinding, breaking, crushing or processing of any substance (where permitted), shall be prohibited between the hours of 8:00 p.m. and 8:00 a.m. the following day, if said noise can be heard inside any residence, other than in the building where the premises are located, where all exterior doors and windows of the residence are closed, or at any other time if said noise is unreasonable under the circumstances.
11. The operation of restaurants, taverns, bars and discotheques.
    1. No restaurant, tavern, bar, nightclub, discotheques or other similar businesses, whether public or private, shall be operated so that music or other sounds caused by and/or emanating from said use can be heard inside any residence other than in the building where the premises are located, where all exterior doors and windows of the residence are closed if said noise is unreasonable under the circumstances.
    2. The owner, operator, proprietor or person in control of such a business use shall so limit the level of noise emanating from premises.
    3. It shall be the duty of the owner, operator, proprietor or person in control to disperse any assembly of persons loitering, drinking alcoholic beverages or otherwise engaging in loud or disorderly conduct adjacent to or near the premises or to immediately notify the New Paltz Police Department or any other police agency of such conduct.
12. Fraternities and sororities, private clubs, meeting halls and private residences. No noise from parties, entertainment, music or social gatherings of any kind, whether public or private, shall be such that noise caused by and/or emanating from said use can be heard inside any residence, where all exterior doors and windows of the residence are closed.
13. The keeping of any animal, bird or other fowl which, by making frequent or long continuous noise, disturbs the comfort and repose of a reasonable person of normal sensibilities in a residential area.
14. 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, crates and containers in such a manner as to create noise for an unreasonable extent and duration.
15. Sounds created by lawn motors, leaf blowers or similar portable equipment or devices before the hours of 8:00 a.m. and after 8:00 p.m.
16. The operation in the Residential and Gateway Zoning Districts of the Village of a refuse compacting and/or recycling vehicle in the process of compacting or collecting refuse contained in a dumpster or similar receptacle or individual garbage cans after 8:00 p.m. and before 7:00 a.m.

§ 143­6. Exceptions.

1. Operation of lawnmowers, manual and power tools and household appliances between the hours of 8:00 a.m. and 8:00 p.m.
2. Emergency work or emergency operations.
3. Bells, chimes or carillons of religious facilities or houses of worship between the hours of 8:00 a.m. and 8:00 p.m.
4. Noise of aircraft or flight operations.
5. Sounds created by any government agency or its agents or by use of an emergency warning device or authorized emergency vehicle.
6. Sounds created by public utilities in carrying out the operation of their franchises.
7. Sounds created by an audible alarm when actually giving notice of fire, unlawful entry or other damage to or intrusion upon property, for a period of 15 minutes after the alarm device is initially activated.
8. Construction work, including excavation, demolition, erection, alteration or repair of buildings or real property pursuant to a building permit issued by the Building Inspector between the hours of 7:00 a.m. and 9:00 p.m. on Monday through Friday and 9:00 a.m. and 6:00 p.m. on Saturday and Sunday.

§ 143­7. Severability.

If any clause, sentence, paragraph, section or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the litigation in which such judgment shall have been rendered.

§ 143­8. Penalties for offenses; enforcement. [Amended 6­16­2004 by L.L. No. 3­2004]

1. Fines.
   1. The first violation of this chapter shall be punished by a fine of not less than $100.
   2. The second violation of this chapter, within 12 months after the first violation, shall be punished by a fine of not less than $200.
   3. Further violations within 12 months after the last violation shall be punished by a fine of $300.
2. Each such act which either continues or is repeated more than 1/2 hour after issuance of written notice of violation of this chapter shall be a separate offense and shall be prosecuted as a separate offense.
3. If the violation occurs on the premises of rental property which is nonresident owner, then the owner must also be notified in writing that the violation has occurred within 24 hours of said violation.
4. Persons responsible. If the person or persons responsible for an activity which violates this chapter cannot be determined, the person in lawful custody and/or control of the premises, including but not limited to the owner, lessee or occupant of the property on which the activity is located, shall be deemed responsible for the violation.
5. Arrest. If the person or persons responsible for an activity which violates this chapter can be determined, any person or persons who violate this chapter may be arrested without warrant, provided that the violation occurs in the presence or view of any officer authorized to serve criminal process.