[HISTORY: Adopted by the City Council of the City of Saratoga Springs 9-20-1993; amended in its entirety 12-20-2005. Subsequent amendments noted where applicable.]
Demonstrations — See Ch. 98.
Dogs and other animals — See Ch. 101.
Entertainment — See Ch. 109.
Lodging and eating and drinking establishments — See Ch. 136.
Parades — See Ch. 151.
Peace and good order — See Ch. 162.
Peddling and vending — See Ch. 165.
Play vehicles — See Ch. 168.
Special events — See Ch. 199A.
Temporary structures — See Ch. 216.
The Saratoga Springs City Council finds that the public interest is served by the prevention of unreasonable noise. The provisions of this chapter are enacted for the purpose of preserving and protecting the public health, safety and welfare and shall be liberally construed to effectuate that purpose. Nothing in this chapter shall be construed to abridge the emergency powers of any City department or the right of such department to engage in any necessary or proper activity. Furthermore, nothing herein shall abridge or circumvent the powers and responsibilities of any police department or law enforcement agency to enforce the provisions of § 240.20 of the Penal Law of the State of New York or the provisions of any other applicable law.
It shall be unlawful for any person to make any unreasonable noise within the boundaries of the City of Saratoga Springs. For purposes of this chapter, "unreasonable noise" shall mean any noise which is of such character that a reasonable person of normal sensitivities would not tolerate it under the circumstances, or is detrimental to the life or welfare of any individual, or causes a risk of public inconvenience or alarm.
The standards which may be considered in determining whether a violation of this chapter exists may include but not be limited to the following:
The level or volume of the noise.
The time of day or night the noise occurs.
The duration of the noise.
Whether the noise is recurrent, intermittent or constant.
Whether the making of the noise is reasonably necessary for the protection or preservation of property or of the health, safety and welfare of a person or persons.
Whether the noise is reasonably necessary for temporary building or construction operations.
Whether reasonable methods are available for deadening or muffling the noise.
The proximity of the noise to residential property or property customarily used by persons for sleeping.
The proximity of the noise to hospitals or other types of care-giving facilities.
The proximity of the noise to schools during school hours.
In addition to and not in limitation of the standards enumerated in § 148-3, the following acts are deemed to be in violation of this chapter and to constitute unreasonable noise:
The conducting of any building or construction operations between the hours of 10:00 p.m. and 7:00 a.m., except when necessary in an emergency to protect or preserve property or when necessary in the public interest.
In any residential zoning district, the use of any device or apparatus for the amplification of sound, between the hours of 11:00 p.m. and 7:00 a.m., in such a manner as to generate an instantaneous sound-pressure level of 60 decibels (dBA) or greater, as measured from any point along the boundary line of the real property on which the sound pressure is generated.
In any nonresidential zoning district, the use of any device for the amplification of sound in the following manner:
Monday through Friday:
Daytime: between the hours of 8:00 a.m. and 12:00 midnight. In such a manner as to generate an instantaneous sound-pressure level of 90 decibels (dBA) or greater, as measured from any point along the boundary line of the real property on which the sound pressure is generated.
Nighttime: between the hours of 12:00 midnight. and 8:00 a.m. Either outdoors or inside a building or structure so as to allow the amplified sound to be clearly and distinctly heard outside such building or structure.
Saturday and Sunday:
Daytime: between the hours of 8:00 a.m. and 1:00 a.m. In such a manner as to generate an instantaneous sound-pressure level of 90 decibels (dBA) or greater, as measured from any point along the boundary line of the real property on which the sound pressure is generated.
Nighttime: between the hours of 1:00 a.m. and 8:00 a.m. Either outdoors or inside a building or structure so as to allow the amplified sound to be clearly and distinctly heard outside such building or structure.
In any nonresidential zoning district within 250 feet adjacent to and/or abutting a residential district, the residential rules and limitations will apply.
The operation of any motor vehicle or motorcycle within the T-6 Urban Core Transect Zone, as said zone is defined or may hereafter be defined in the Zoning Ordinance, in such a manner as to cause a sound meter in good operating condition to register a sound-pressure level of 90 decibels (dBa) or greater at a distance of 50 feet from said meter.
[Added 9-4-2007; amended 3-4-2014]
It shall be the duty of the Code Administrator and the Police Department of the City of Saratoga Springs to enforce the provisions of this chapter.
Persons authorized under this section shall issue a verbal warning in response to the first offense, a written warning in response to the second offense, and an appearance ticket in response to the third or subsequent offense under this chapter. Nothing in this section shall be construed to limit or supersede in any manner the authority of police officers to issue appearance tickets under Article 150 of the Criminal Procedure Law.
In addition to and not in limitation of any power otherwise granted by law, the Code Administrator and the Police Department are hereby authorized to issue appearance tickets for violations of this chapter.
The sound-producing or amplifying device may be confiscated upon the issuance of an appearance ticket for City Court and held as evidence pending such resolution of the matter in City Court and in compliance with above written multiple warning procedures.
Nothing in this section shall be construed as to interfere with the lawful activities related to Police Department, Fire Department, Emergency Medical Services or Public Works.
Any person violating § 148-4A shall be guilty of a violation and, upon conviction, shall be liable for a minimum fine of $250 to a maximum fine not to exceed $2,000 per occurrence, and such fine will double for each additional occurrence within a two-year period.
Any person holding a City-issued license will be liable for the suspension or revocation of such license only upon a hearing by the issuing authority to determine if such suspension or revocation is warranted and such penalties to be assessed.