[HISTORY: Adopted by the Common Council of the City of Peekskill 2-15-1995 by L.L. No. 1-1995 (Ch. 208 of the 1984 Code);[1] amended in its entirety 4-23-2012 by L.L. No. 5-2012. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Dogs — See Ch. 250.
Noise in parks — See Ch. 416.
Noise in Riverfront Green — See Ch. 449.
Zoning — See Ch. 575.
[1]
Editor's Note: This local law also repealed former Ch. 208, Noise, adopted 6-30-1980, as amended.
The City of Peekskill recognizes that excessive noise is detrimental to the public health, safety and welfare and is inimical to the residential character of substantial areas of the City. Pursuant to the authority set forth in New York State law, the creation of any unreasonably intrusive, unreasonably loud, disturbing or unnecessary noise is hereby prohibited. It is the intent of this code to create opportunities for quiet enjoyment within the City.
As used in this chapter, the following terms shall have the meanings indicated:
HOLIDAYS
Those days recognized as holidays by New York State.
INDOOR SOUND
Sound or noise originating or emanating from within a building or structure.
OUTDOOR SOUND
Sound or noise originating or emanating from outside a building or structure.
REPETITIVE SOUND
A nonconstant sound which recurs with some degree of regularity.
SOUND or NOISE
Indoor sound and outdoor sound.
SOUND PRODUCTION DEVICE
Any device that is used for the creation, production, or amplification of sound.
UNREASONABLY INTRUSIVE
Any constant sound occurring for a period greater than two minutes or any repetitive sound, either of which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities under the circumstances.
ZONING DISTRICT
Any zone as defined in Chapter 575, Zoning, of the Code of the City of Peekskill.
A. 
No person shall operate or permit to be operated in the City of Peekskill any sound source that produces a sound level exceeding the limitations of this chapter. The sound level determination or measurement shall be conducted either from the property line of the impacted dwelling or structure or, in the case of multifamily housing, the dwelling unit of the parcel in which such noise is received, except where otherwise specified.
B. 
The permissible and nonpermissible sound levels established by this chapter are as follows, except for specific activities or noise sources which are subject to and governed by §§ 391-4, 391-5, and 391-6 hereof:
(1) 
Residential delivery/service. On properties within any residential zoning district, deliveries of home heating oil, other deliveries and pickup of residential garbage shall not be regulated by this chapter, except for specific activities or noise sources that are subject to and governed by §§ 391-4, 391-5, and 391-6 hereof.
(2) 
Activities in residential zones which are audible in residential zones. Indoor sound and outdoor sound produced by activities on properties within any residential zoning district shall not be audible at any location upon any other property within any residential zoning district between the hours of 10:00 p.m. and 8:00 a.m. all days. At all other times, indoor sound and outdoor sound produced by activities on properties within any residential zoning district shall not be unreasonably intrusive to any other property within any residential zoning district.
(3) 
Activities in nonresidential zones which are audible in nonresidential zones. Indoor sound and outdoor sound produced by activities on properties within any nonresidential zoning district shall not be audible at any location upon any other property in a nonresidential zoning district during the following hours, respectively:
(a) 
Prohibited indoor sound:
[1] 
Between the hours of 10:00 p.m. and 12:00 midnight on Sundays through Wednesdays other than the Wednesday before Thanksgiving Day and December 31;
[2] 
Between the hours of 12:00 midnight and 8:00 a.m. on Mondays through Thursdays other than January 1 and Thanksgiving Day; and
[3] 
Between the hours of 1:00 a.m. and 8:00 a.m. on Fridays through Sundays, January 1, and Thanksgiving Day.
(b) 
Prohibited outdoor sound:
[1] 
All hours on Mondays through Wednesdays;
[2] 
Between the hours of 10:00 p.m. and 12:00 midnight on Thursdays through Saturdays;
[3] 
Between the hours of 12:00 midnight and 12:00 noon on Thursdays through Sundays;
[4] 
Between the hours of 5:00 p.m. and 12:00 midnight on Sundays.
(c) 
At all other times, indoor sound and outdoor sound produced by activities on properties within any nonresidential zoning district shall not be unreasonably intrusive to any other property within any nonresidential zoning district.
(4) 
Activities in the C-2 Central Commercial District and in the WF-2 Waterfront District which are audible in residential zones. Indoor sound and outdoor sound produced by activities on properties within the C-2 Central Commercial District and the WF-2 Waterfront District shall not be audible at any location upon any property in a residential zoning district during the following hours, respectively:
(a) 
Prohibited indoor sound:
[1] 
Between the hours of 10:00 p.m. and 12:00 midnight on Sundays through Wednesdays other than the Wednesday before Thanksgiving Day and December 31;
[2] 
Between the hours of 12:00 midnight and 8:00 a.m. on Mondays through Thursdays other than January 1 and Thanksgiving Day; and
[3] 
Between the hours of 1:00 a.m. and 8:00 a.m. on Fridays through Sundays, January 1, and Thanksgiving Day.
(b) 
Prohibited outdoor sound:
[1] 
All hours on Mondays through Wednesdays;
[2] 
Between the hours of 10:00 p.m. and 12:00 midnight on Thursdays through Saturdays;
[3] 
Between the hours of 12:00 midnight and 12:00 noon on Thursdays through Sundays;
[4] 
Between the hours of 5:00 p.m. and 12:00 midnight on Sundays.
(c) 
At all other times indoor sound and outdoor sound produced by activities on properties within the C-2 Central Commercial District and the WF-2 Waterfront District shall not be unreasonably intrusive to any property within any residential zoning district.
(5) 
Activities in nonresidential zones, other than the C-2 Central Commercial District and the WF-2 Waterfront District, which are audible in residential zones. Indoor sound and outdoor sound produced by activities on properties in any nonresidential zoning district, other than the C-2 Central Commercial District and the WF-2 Waterfront District, shall not be audible at any location upon any property in any residential district during the following hours, respectively:
(a) 
Prohibited indoor sound:
[1] 
From 10:00 p.m. to 8:00 a.m. all days.
(b) 
Prohibited outdoor sound:
[1] 
All hours on Mondays through Wednesdays;
[2] 
Between the hours of 10:00 p.m. and 12:00 midnight on Thursdays through Saturdays;
[3] 
Between the hours of 12:00 midnight and 12:00 noon on Thursdays through Sundays; and
[4] 
Between the hours of 5:00 p.m. and 12:00 midnight on Sundays.
(c) 
At all other times, indoor sound and outdoor sound produced by activities on properties within any nonresidential zoning district, other than the C-2 Central Commercial District and the WF-2 Waterfront District, shall not be unreasonably intrusive to any property within any residential zoning district:
(6) 
State, county and City maintenance operations, street cleaning, refuse removal and governmental functions shall be exempt from regulation under this chapter. Commercial street sweeping, parking lot maintenance and repair shall be exempt during the hours of 6:00 a.m. to 11:00 p.m.
The following acts, among others, are declared to be unreasonably intrusive, loud, disturbing and unnecessary noises in violation of this chapter, but the enumeration herein shall not be deemed to be exclusive:
A. 
Sound production devices. Sound production devices shall not face other than into the property on which they are located. Nothing in this subsection is intended to prohibit incidental sounds emanating from public sporting events or public entertainment events.
B. 
Animals. The owner of any animal which barks, whines, howls or makes any other noise continuously for a period of 10 minutes or more at a volume which can be heard anywhere beyond the owner's premises shall be guilty of violating this chapter. For the purpose of this subsection, "continuously" shall mean constant, with few, if any, brief periods of silence.
C. 
Honking of horns. The honking of horns on motor vehicles, for other than emergency purposes, is hereby prohibited between the hours of 8:00 p.m. and 12:00 midnight and between the hours of 12:00 midnight and 8:00 a.m. on Mondays through Saturdays and between the hours of 8:00 p.m. and 12:00 midnight and between 12:00 midnight and 9:00 a.m. on Sundays and holidays.
D. 
Running engines. The continuous running or idling of diesel- or gas-powered engines on vehicles parked within the City is hereby prohibited between the hours of 10:00 p.m. and 6:30 a.m. For purposes of this subsection, the term "continuous" shall mean for a period greater than three minutes.
E. 
Unreasonably intrusive sound. The making, creation or maintenance of any unreasonably intrusive sound is prohibited.
F. 
Repetitive sounds. Repetitive sounds which are unreasonably intrusive are hereby prohibited.
The following specifically enumerated activities are regulated as follows:
A. 
Air-conditioning and air-handling equipment. No person shall operate or permit to be operated an air-conditioning or air-handling device on any property within a residential district or adjacent to a residential district that produces a sound level which is unreasonably intrusive.
B. 
Construction activities. No person shall undertake or permit any building or construction activity which produces sound, including but not limited to the delivery or transfer of construction materials, supplies and equipment and the clearing and removal of trees or other site preparation work, which sound is audible upon any other property in the City, except only as follows:
(1) 
Permitted Monday through Friday, except holidays, during the hours of 8:00 a.m. to 8:00 p.m.
(2) 
Permitted Saturdays, except holidays, during the hours of 9:00 a.m. to 5:00 p.m.
C. 
Domestic tools and equipment; vehicle repair. No person shall operate or permit to be operated any hand tool or power tool or equipment, including but not limited to saws, hammers, sanders, drills, grinders, lawn or garden tools, mowers, tractors, chain saws, leaf blowers or gatherers or similar devices or wood chippers of any kind, or cause or permit vehicle repair or engine tune-up activities, so as to create noise in excess of the following limits and hours. This prohibition includes equipment used by lawn-care or landscape services:
(1) 
Noise from domestic tools and equipment and from vehicle repair in residential districts shall be permitted during the hours of 8:00 a.m. to 8:00 p.m. Monday through Saturday, except holidays, and during the hours of 9:00 a.m. to 8:00 p.m. Sunday and holidays. At all other times, such noise shall not be audible at any location upon any other property within any residential zoning district.
(2) 
Use of snowblowers, chain saws and other domestic tools and equipment is exempted from these limits when they are being used to clear driveways, streets or walkways during and within 24 hours after snowfalls, rainstorms, ice storms, windstorms or similar emergencies.
D. 
Jackhammers, rockhammers, and blasting in residential zoning districts. Jackhammers, rockhammers, and blasting equipment shall not be operated in residential zoning districts at any hours other than between 9:00 a.m. and 3:00 p.m. Mondays through Saturdays, except for municipal or utility emergencies.
A. 
General.
(1) 
Noise emanating from the operation of motor vehicles on public highways is regulated by the New York State Vehicle and Traffic Law. The maximum noise levels set forth in the Vehicle and Traffic Law for the operation of motor vehicles on public highways, as they may be amended from time to time, are hereby designated to be the maximum permissible noise levels for the operation of motor vehicles on all other property in the City of Peekskill.
(2) 
Noise emanating from motor vehicles other than from their operation, including but not limited to the noise of radios, is regulated by this chapter and must not be audible more than 15 feet from the vehicle from which the noise emanates.
B. 
Car alarms. The Common Council hereby also finds that the repeated noise and emanations resulting from unnecessary vehicle alarms/theft alarms is also in derogation of the quality of life in the City of Peekskill and are regulated as follows:
(1) 
Any motor vehicle which emanates an alarm, whether by siren, bell, horn or other artificial sound, where such alarm is not caused by an obvious attempted entry into the vehicle, and where such alarm continues for a period longer than three minutes, shall be in violation of this section and shall be subject to the penalties set forth in § 391-6B(2) below.
(2) 
Any motor vehicle which emanates an alarm pursuant to this section shall be subject to penalties as follows:
(a) 
For the first and second such alarm, a warning shall be issued by the police officer responding to said alarm.
(b) 
For the third offense by the same vehicle (as determined by reference to the license plate registration numbers on said vehicle), a fine of not less than $50 nor more than $100 shall be imposed.
(c) 
For the fourth and all subsequent offenses, a fine of not less than $75 nor more than $100 shall be imposed.
A. 
Nothing in this chapter shall be construed to prevent the production of music in connection with any military or civic parade for which a permit has been issued by the Common Council, funeral procession or religious service.
B. 
This chapter shall not be construed to prohibit the use of any organ, bell, chimes or any other similar instrument or device by any church, synagogue or school on or within its own premises in connection with religious rites or ceremonies of such church or synagogue or in connection with a school education program.
C. 
Sounds created by any governmental agency by the use of public warning devices are exempted from the limitations of this chapter.
A. 
Both the owner of any property, business or instrumentality exceeding permissible noise levels and its operator or tenant shall be deemed violators of this chapter.
B. 
Except as provided in § 391-6B(2), any person violating any of the provisions of this chapter shall be punishable as follows:
(1) 
For the first conviction: a fine not exceeding $250 or imprisonment not exceeding five days, or both.
(2) 
For the second offense within one year of the first conviction: a fine of not less than $100 nor more than $250 or imprisonment not exceeding 10 days, or both.
(3) 
For the third offense and all subsequent offenses within one year of the first conviction: a fine of not less than $150 nor more than $250 or imprisonment not exceeding 15 days, or both.
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.
This chapter or any provision thereof may be amended solely by the Common Council acting by local law.